Notices. The NRC staff has issued Regulatory Issue Summary (RIS) 2008-12; Considerations for Extended Interim Storage of Low-Level Radioactive Waste by Fuel Cycle and Materials Licensees
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/register/2008/06/05/08-1318A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6735-01-P NATIONAL TRANSPORTATION SAFETY BOARD Sunshine Act Meeting Time and Date: 9:30 a.m., Tuesday, June 10, 2008. Place: NTSB Conference Center, 429 L'Enfant Plaza, SW., Washington, DC 20594. Status: The three items are open to the public. Matters To Be Considered: 8015 Aircraft Accident Report—Runway Overrun During Landing, Pinnacle Airlines Flight 4712, Bombardier/Canadair Regional Jet CL600-2B19, N8905F, Traverse City, Michigan, April 12, 2007. 8013 Safety Recommendation Letter to the Federal Aviation Administration regarding Aviation Fatigue Management Systems. 8014 Highway Accident Brief—Commuter Train Highway— Railroad Grade Crossing Accident in Elmwood Park, Illinois, November 23, 2005 (HWY-06-MH-007).
News Media Contact: Telephone:
(202)314-6100. Individuals requesting specific accommodations should contact Carol Bowling at
(202)314-6238 by Friday, June 6, 2008. The public may view the meeting via a live or archived webcast by accessing a link under “News & Events” on the NTSB home page at *http://www.ntsb.gov* . For More Information Contact: Vicky D'Onofrio,
(202)314-6410. Dated: May 30, 2008. Vicky D'Onofrio, Federal Register Liaison Officer. [FR Doc. E8-12508 Filed 6-4-08; 8:45 am] BILLING CODE 7533-01-M NUCLEAR REGULATORY COMMISSION Notice of Availability of Regulatory Issue Summary 2008-12 Considerations for Extended Interim Storage of Low-Level Radioactive Waste by Fuel Cycle and Materials Licensees AGENCY: Nuclear Regulatory Commission (NRC). ACTION: The NRC staff has issued Regulatory Issue Summary
(RIS)2008-12; Considerations for Extended Interim Storage of Low-Level Radioactive Waste by Fuel Cycle and Materials Licensees. The RIS is intended to update and replace information provided in Information Notice 90-09, “Extended Interim Storage of Low-Level Radioactive Waste by Fuel Cycle and Materials Licensees,” February 5, 1990. The RIS is dated May 9, 2008. FOR FURTHER INFORMATION CONTACT: Mr. James Shaffner, Project Manager, Low-Level Waste Branch, Environmental Protection and Performance Assessment Directorate, Division of Waste Management and Environmental Protection (DWMEP), U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone
(301)415-5496; fax number
(301)415-5397; e-mail *james.shaffner@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction In its annual report (SECY 06-193, “Annual Review of the Need for Rulemaking and/or Regulatory Guidance on Low-Level Radioactive Waste Storage,” September 6, 2006) to the Commission on the need for rulemaking or guidance related to extended interim storage of Low-Level Radioactive Waste (LLRW), the NRC staff reported its intention to review and revise, as necessary, guidance to NRC licensees faced with the prospect of mandatory extended interim storage of low-level radioactive waste. Staff stated that the emphasis of the effort would be directed toward the needs of fuel cycle and radioactive materials licenses that may be required to store waste classified as Class B or C waste, in accordance with 10 CFR part 61, “Licensing Land Disposal of Radioactive Waste,” after June 30, 2008, because of the limitation of access to the Barnwell Low-Level Radioactive Waste Disposal Facility. In its follow-up report on the topic, SECY 07-083, dated October 22, 2007, staff outlined the process and timeline for accomplishment of the guidance update. The emphasis on fuel cycle and radioactive materials licensees was based on the understanding that 10 CFR part 50 licensees (production and utilization facilities) were more likely to have pre-existing technical, physical, and financial infrastructure to adequately manage any required extended interim storage of LLRW. II. Background The limitation of disposal access at the Barnwell disposal facility to States that comprise the Atlantic LLRW Compact (South Carolina, Connecticut, and New Jersey) as of July 1, 2008 is likely to require many radioactive materials licensees outside of that compact that generate Class B and C LLRW to store such waste. In anticipation of this circumstance, NRC staff reviewed and updated information related to extended interim storage of LLRW by fuel cycle and radioactive materials licensees. In SECY-07-083, staff determined that the most efficient and transparent means to accomplish this was to revise IN 90-09. However, in consultation with other NRC offices it was later determined that the most appropriate form of generic communication for imparting the information was a RIS. Although the RIS does not impose any additional regulatory requirements on NRC licensees, staff considered that it also may be of some interest to Agreement State radiation control programs and their licensees. III. Need for the Revision NRC staff considered the need for the revision of IN 90-09 based on changes in regulatory circumstances that have occurred since 1990. These include, but are not limited to, the changing nature of and access to permanent disposal capacity, emerging technologies related to the processing, treatment and handling of radioactive waste, and changed security considerations based on the circumstances of September 11, 2001. The updated information in the form of RIS 2008-12 is responsive to both licensees who will be able to store LLRW in accordance with terms and conditions of existing licenses as well as those whose circumstances may have changed such that a license amendment is required. The RIS includes a number of major considerations related to extended interim storage. These include reaffirmations of two considerations, related to storage time limit and suitable waste forms for storage, formerly addressed but never finalized by NRC staff in SECY 94-198, “Review of Existing Guidance Concerning Extended Storage of Low-Level Radioactive Waste” (August 1, 1994). The RIS includes four enclosures to inform its contents and facilitate its use. The enclosures include licensing considerations, updated State and compact contacts, additional references, and recently issued generic communications. IV. Intended Use RIS 2008-12 provides updated information related to extended interim storage of LLRW by fuel cycle and materials licensees. It imposes no additional regulatory requirements. The RIS is intended to replace the IN 90-09 dated February 5, 1990. Further, any references to IN 90-09 contained in other NRC guidance or technical references should now be interpreted to refer to RIS 2008-12. V. Agencies and Persons Consulted The RIS was developed in accordance with the requirements of NRC Inspection Manual Chapter 0730, “Generic Communications Regarding Materials and Fuel Cycle Issues.” In the process of preparing RIS 2008-12, FSME staff consulted with other NRC Headquarters offices, NRC regional offices, State officials in both Agreement States and non-Agreement States and territories, the Organization of Agreement States, the Conference of Radiation Control Program Directors and several licensees licensed by either NRC or Agreement State Radiation Control Programs. VI. Further Information Documents related to this action are available electronically in the NRC's Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The package which contains RIS 2008-12 and four enclosures can be found in ADAMS at accession number ML073330609. If you do not have access to ADAMS, or if there are problems accessing documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference Staff at 1-800-397-4209, 301-415-4737, or e-mail *pdr@nrc.gov.* These documents may also be viewed electronically on the public computers located at the NRC's PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 29th day of May 2008. For the Nuclear Regulatory Commission. Scott C. Flanders, Deputy Director, Environmental Protection and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E8-12575 Filed 6-4-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-282, 50-306 and 72-10] Nuclear Management Company, LLC; Prairie Island Nuclear Generating Plant (PINGP), Units 1 And 2, and PINGP Independent Spent Fuel Storage Installation (ISFSI); Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Materials License and Conforming Amendments, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 and 10 CFR 72.50 approving the direct transfer of Facility Operating Licenses, which are numbered DPR-42 and DPR-60 for the Prairie Island Nuclear Generating Plant (PINGP), Units 1 and 2 and Material License No. SNM-2506 (the licenses) for the PINGP Independent Spent Fuel Storage Installation (ISFSI), to the extent currently held by Nuclear Management Company, LLC
(NMC)as operator of PINGP Units 1 and 2, and PINGP ISFSI. The transfer would be to Northern States Power Company (NSPM), an Xcel Energy company, and current licensed owner of PINGP, Units 1 and 2 and PINGP ISFSI. The Commission is also considering amending the license for administrative purposes to reflect the proposed transfer. According to an application for approval dated April 16, 2008, filed by NMC, NSPM would acquire operating authority of the facilities following approval of the proposed license transfer, and would be responsible for the operation and maintenance of PINGP Units 1 and 2, and PINGP ISFSI. NMC would be integrated into the current NSPM organization which would combine the ownership and operating authority into a single organization. No physical changes to the PINGP Units 1 and 2, or PINGP ISFSI facility or operational changes are being proposed in the application. The proposed amendment would delete references to NMC, and authorize NSPM to operate PINGP and the PINGP ISFSI, and to receive, possess, or use related licensed materials under the applicable conditions and authorizations included in the licenses. This request to transfer operating authority and the conforming license amendments involve no change in plant ownership. Pursuant to 10 CFR 50.80 and 10 CFR 72.50, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the direct transfer of a license, if the Commission determines that the proposed transferee is qualified to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. Before issuance of the proposed conforming license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. As provided in 10 CFR 2.1315, unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility, or to the license of an ISFSI, which does no more than conform the license to reflect the transfer action involves no significant hazards consideration, and no genuine issue as to whether the health and safety of the public will be significantly affected. No contrary determination has been made with respect to this specific license amendment application. In light of the generic determination reflected in 10 CFR 2.1315, no public comments with respect to significant hazards considerations are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission's action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten
(10)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the **Federal Register** and served on the parties to the hearing. Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this **Federal Register** notice. For further details with respect to this license transfer application, see the application dated April 16, 2008, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agency wide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr.resource@nrc.gov.* Dated at Rockville, Maryland, this 28th day of May 2008. For the Nuclear Regulatory Commission. Mahesh Chawla, Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-12576 Filed 6-4-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-263] Nuclear Management Company, LLC; Monticello Nuclear Generating Plant (MNGP); Notice of Consideration of Approval of Transfer of Renewed Facility Operating License and Conforming Amendment, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the direct transfer of the Renewed Facility Operating License No. DPR-22 (the license) for the Monticello Nuclear Generating Plant
(MNGP)to the extent currently held by Nuclear Management Company, LLC (NMC), as operator of MNGP. The transfer would be to Northern States Power Company (NSPM), an Xcel Energy company, and current licensed owner of MNGP. The Commission is also considering amending the license for administrative purposes to reflect the proposed transfer. According to an application for approval dated April 16, 2008, filed by NMC, NSPM would acquire operating authority of the facility following approval of the proposed license transfer, and would be responsible for the operation and maintenance of MNGP. NMC will be integrated into the current NSPM organization which would combine the ownership and operating authority into a single organization. No physical changes to the MNGP facility or operational changes are being proposed in the application. The proposed amendment would delete references to NMC, and to authorize NSPM to operate MNGP, and to receive, possess, or use related licensed materials under the applicable conditions and authorizations included in the license. This request to transfer operating authority and the conforming license amendment involve no change in plant ownership. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the direct transfer of a license, if the Commission determines that the proposed transferee is qualified to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. Before issuance of the proposed conforming license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. As provided in 10 CFR 2.1315, unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility, which does no more than conform the license to reflect the transfer action involves no significant hazards consideration. No contrary determination has been made with respect to this specific license amendment application. In light of the generic determination reflected in 10 CFR 2.1315, no public comments with respect to significant hazards considerations are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person(s) whose interest may be affected by the Commission's action on the application may request a hearing and intervention via electronic submission through the NRC E-filing system. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission's rules of practice set forth in Subpart C “Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,” of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)-(viii). A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten
(10)days prior to the filing deadline, the petitioner/ requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/ requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public website at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the **Federal Register** and served on the parties to the hearing. Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this **Federal Register** notice. For further details with respect to this license transfer application, see the application dated April 16, 2008, available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agency wide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr.resource@nrc.gov.* Dated at Rockville, Maryland, this 28th day of May 2008. For the Nuclear Regulatory Commission. Peter S. Tam, Senior Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-12578 Filed 6-4-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards
(ACRS)Meeting of the Economic Simplified Boiling Water Reactor (ESBWR) Subcommittee; Notice of Meeting The ACRS Subcommittee on ESBWR will hold a meeting on June 18-19, 2008, Room T2 B3, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed to protect information that is proprietary to General Electric-Hitachi
(GEH)Nuclear Energy and its contractors pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: Wednesday June 18, 2008—8:30 a.m., until 5 p.m. Thursday June 19, 2008—8:30 a.m., until 5 p.m. The Subcommittee will review several chapters of the Safety Evaluation Report with Open Items associated with the Economic Simplified Boiling Water Reactor (ESBWR) Design Certification Application. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, GEH, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Dr. Harold VanderMolen (telephone 301-415-6236) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 26, 2007 (72 FR 54695). Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:45 a.m. and 4:30 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: May 28, 2008. Cayetano Santos, Branch Chief, ACRS. [FR Doc. E8-12570 Filed 6-4-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF MANAGEMENT AND BUDGET Audits of States, Local Governments, and Non-Profit Organizations; Circular A-133 Compliance Supplement AGENCY: Executive Office of the President, Office of Management and Budget. ACTION: Notice of availability of the 2008 Circular A-133 Compliance Supplement. SUMMARY: This notice announces the availability of the 2008 Circular A-133 Compliance Supplement. The notice also offered interested parties an opportunity to comment on the 2008 Circular A-133 Compliance Supplement. The 2008 Supplement adds seven programs, including three programs added to an existing cluster. It has also been updated for program changes and technical corrections. In total, the 2008 Compliance Supplement includes 178 individual programs. A list of changes to the 2008 Supplement can be found at Appendix V. Due to its length, the 2008 Supplement is not included in this Notice. See ADDRESSES for information about how to obtain a copy. DATES: The 2008 Supplement will apply to audits of fiscal years beginning after June 30, 2007 and supersedes the 2007 Supplement. All comments on the 2008 Supplement must be in writing and received by October 31, 2008. Late comments will be considered to the extent practicable. Due to potential delays in OMB's receipt and processing of mail sent through the U.S. Postal Service, we encourage respondents to submit comments electronically to ensure timely receipt. We cannot guarantee that comments mailed will be received before the comment closing date. Electronic mail comments may be submitted to: *Hai_M._Tran@omb.eop.gov* . Please include “A-133 Compliance Supplement—2008” in the subject line and the full body of your comments in the text of the electronic message and as an attachment. Please include your name, title, organization, postal address, telephone number, and e-mail address in the text of the message. Comments may also be submitted via facsimile at 202-395-3952. Comments may be mailed to Gilbert Tran, Office of Federal Financial Management, Office of Management and Budget, 725 17th Street, NW., Room 6025, New Executive Office Building, Washington, DC 20503. Comments may also be sent via *http://www.regulations.gov* —a Federal E-Government Web site that allows the public to find, review, and submit comments on documents that agencies have published in the **Federal Register** and that are open for comment. Simply type “A-133 Compliance Supplement-2008” (in quotes) in the Comment or Submission search box, click Go, and follow the instructions for submitting comments. Comments received by the date specified above will be included as part of the official record. ADDRESSES: Copies of the 2008 Supplement may be purchased at any Government Printing Office
(GPO)bookstore (stock number: 041-001-00658-3). The main GPO bookstore is located at 710 North Capitol Street, NW., Washington, DC 20401,
(202)512-0132. A copy may also be obtained under the Grants Management heading from the OMB home page on the Internet at *http://www.whitehouse.gov/omb/grants/grants_circulars.html* . FOR FURTHER INFORMATION CONTACT: Recipients should contact their cognizant or oversight agency for audit, or Federal awarding agency, as appropriate under the circumstances. Subrecipients should contact their pass-through entity. Federal agencies should contact Gilbert Tran, Office of Management and Budget, Office of Federal Financial Management, at
(202)395-3052. Danny Werfel, Deputy Controller. [FR Doc. E8-12561 Filed 6-4-08; 8:45 am] BILLING CODE 3110-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. IC-28291] Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940 May 30, 2008. The following is a notice of applications for deregistration under section 8(f) of the Investment Company Act of 1940 for the month of May 2008. A copy of each application may be obtained for a fee at the SEC's Public Reference Branch (tel. 202-551-5850). An order granting each application will be issued unless the SEC orders a hearing. Interested persons may request a hearing on any application by writing to the SEC's Secretary at the address below and serving the relevant applicant with a copy of the request, personally or by mail. Hearing requests should be received by the SEC by 5:30 p.m. on June 24, 2008, and should be accompanied by proof of service on the 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 who wish to be notified of a hearing may request notification by writing to the Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. FOR FURTHER INFORMATION CONTACT: Diane L. Titus at
(202)551-6810, SEC, Division of Investment Management, Office of Investment Company Regulation, 100 F Street, NE., Washington, DC 20549-4041. The Provident Riverfront Funds [File No. 811-6082] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On October 12, 2004, applicant transferred its assets to Allegiant Funds (formerly known as Armada Funds), based on net asset value. Expenses of approximately $526,430 incurred in connection with the reorganization were paid by the acquiring fund and Allegiant Asset Management Company (formerly known as National City Investment Management Company) the acquiring fund's investment adviser. *Filing Date:* The application was filed on May 9, 2008. *Applicant's Address:* 5800 Corporate Dr., Pittsburgh, PA 15237-7010. Oppenheimer Growth Fund [File No. 811-2306] Oppenheimer Enterprise Fund [File No. 811-7265] *Summary:* Each applicant seeks an order declaring that it has ceased to be an investment company. On November 8, 2007 and December 7, 2007, respectively, applicants transferred their assets to Oppenheimer Capital Appreciation Fund, based on net asset value. Expenses of $116,749 and $68,933, respectively, incurred in connection with the reorganizations were paid by each applicant. *Filing Dates:* The applications were filed on May 6, 2008 and May 7, 2008, respectively. *Applicants' Address:* 6803 S. Tucson Way, Centennial, CO 80112. X Exchange-Traded Funds, Inc. [File No. 811-22053] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind. *Filing Dates:* The application was filed on April 1, 2008, and amended on May 12, 2008. *Applicant's Address:* 420 Lexington Ave., Suite 2550, New York, NY 10170. Prudential Tax-Free Money Fund, Inc. (DBA Dryden Tax-Free Money Fund) [File No. 811-2927] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On April 7, 2008, applicant made a liquidating distribution to its shareholders, based on net asset value. Expenses of $14,340 incurred in connection with the liquidation were paid by applicant. *Filing Date:* The application was filed on April 21, 2008. *Applicant's Address:* Gateway Center Three, 100 Mulberry St., Newark, NJ 07102-4077. RMR Real Estate Securities Fund [File No. 811-21490] RMR Healthcare and Real Estate Fund [File No. 811-21510] RMR Securities REIT [File No. 811-21790] RMR Healthcare Growth and Income Fund [File No. 811-21585] RMR Opportunity Fund [File No. 811-21841] RMR Preferred Dividend Fund II [File No. 811-21807] *Summary:* Each applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. The applicants have never made a public offering of their securities and do not propose to make a public offering or engage in business of any kind. *Filing Date:* The applications were filed on April 22, 2008. *Applicants' Address:* 400 Centre St., Newton, MA 02458. J.P. Morgan Series Trust [File No. 811-7795] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On February 18, 2005, applicant transferred its assets to JPMorgan Trust I, based on net asset value. Expenses of $850,000 incurred in connection with the reorganization were paid by applicant's investment adviser, J.P. Morgan Investment Management Inc., or its affiliates. *Filing Date:* The application was filed on April 28, 2008. *Applicant's Address:* 245 Park Ave., New York, NY 10167. Federated Covered Call Treasury Fund [File No. 811-21838] *Summary:* Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind. *Filing Date:* The application was filed on April 30, 2008. *Applicant's Address:* 5800 Corporate Dr., Pittsburgh, PA 15237-7000. Van Eck Funds II, Inc. [File No. 811-21046] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On December 13, 2007, applicant made a liquidating distribution to its shareholders, based on net asset value. Expenses of $20,000 incurred in connection with the liquidation were paid by applicant. *Filing Dates:* The application was filed on April 3, 2008, and amended on April 24, 2008. *Applicant's Address:* 99 Park Ave., 8th Floor, New York, NY 10016. Morgan Stanley Government Income Trust [File No. 811-5400] *Summary:* Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. On March 23, 2007, applicant transferred its assets to Morgan Stanley U.S. Government Securities Trust, based on net asset value. Expenses of $217,000 incurred in connection with the reorganization were paid by applicant. *Filing Dates:* The application was filed on April 15, 2008, and amended on May 23, 2008. *Applicant's Address:* Morgan Stanley Investment Advisors Inc., 522 Fifth Ave., New York, NY 10036. IndexIQ TM Exchange-Traded Funds, Inc. [File No. 811-22008] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind. *Filing Dates:* The application was filed on February 27, 2008, and amendments were filed on May 20, 2008, and May 21, 2008. *Applicant's Address:* 420 Lexington Ave., Suite 2550, New York, NY 10170. Guerite Funds [File No. 811-21951] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On November 27, 2007, applicant made a liquidating distribution to its shareholders, based on net asset value. Expenses of approximately $4,199 incurred in connection with the liquidation were paid by Guerite Advisors LLC, applicant's investment adviser. *Filing Date:* The application was filed on May 20, 2008. *Applicant's Address:* Guerite Advisors LLC, 347 Prado Way, Greenville, SC 29607-6512. Credit Suisse Emerging Markets, Inc. [File No. 811-8252] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On December 29, 2007, applicant made a liquidating distribution to its shareholders, based on net asset value. Expenses of $32,616 incurred in connection with the liquidation were paid by Credit Suisse Asset Management, LLC, applicant's investment adviser. Applicant has retained $4,992 in cash to pay for certain outstanding liquidation expenses. *Filing Date:* The application was filed on May 15, 2008. *Applicant's Address:* Credit Suisse Asset Management, LLC, Eleven Madison Ave., New York, NY 10010. Energy Strategies Fund, Inc. [File No. 811-21783] *Summary:* Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind. *Filing Date:* The application was filed on May 16, 2008. *Applicant's Address:* BlackRock, Inc., 800 Scudders Mill Rd., Plainsboro, NJ 08536. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Acting Secretary. [FR Doc. E8-12595 Filed 6-4-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57894; File Nos. SR-Amex-2008-15; SR-CBOE-2005-11; SR-ISE-2008-12; SR-NYSEArca-2008-52; and SR-Phlx-2008-17] Self-Regulatory Organizations; American Stock Exchange LLC, Chicago Board Options Exchange, Incorporated, International Securities Exchange, LLC, Philadelphia Stock Exchange, Inc., and NYSE Arca, Inc.; Order Granting Approval of a Proposed Rule Change, as Modified, and Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Changes, as Modified, Relating to Listing and Trading Options on the SPDR Gold Trust May 30, 2008. On January 25, 2005, the Chicago Board Options Exchange, Incorporated (“CBOE”) filed with the Securities and Exchange Commission (“Commission” or “SEC”) a proposed rule change pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 2 thereunder to list and trade options on shares of the SPDR Gold Trust (formerly, the streetTRACKS Gold Trust) (“Gold Trust Options”). On April 12, 2005, CBOE submitted Amendment No. 1 to the proposed rule change. On March 7, 2008, CBOE submitted Amendment No. 2 to the proposed rule change. The proposed rule change, as amended, was published for comment in the **Federal Register** on March 17, 2008 for a 21-day comment period. 3 On May 21, 2008, CBOE submitted Amendment No. 3 to the proposed rule change. 4 This order approves the proposed rule change, as modified by Amendment Nos. 1, 2, and 3. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57465 (March 11, 2008), 73 FR 14284. 4 In Amendment No. 3, CBOE updated its proposed rule text to reflect the change in name, effective May 21, 2008, of the underlying trust from streetTRACKS Gold Trust to SPDR Gold Trust. This is a technical amendment and is not subject to notice and comment. In addition, four other exchanges submitted proposals to list and trade Gold Trust Options. Specifically, the International Securities Exchange, LLC (“ISE”) submitted its proposal on February 7, 2008, the American Stock Exchange LLC (“Amex”) filed on February 20, 2008, the Philadelphia Stock Exchange, Inc. (“Phlx”) filed on February 28, 2008, and NYSE Arca, Inc. (“NYSE Arca”) filed on May 21, 2008 with the Commission the proposed rule changes as described in Items I and II below, which items have been prepared substantially by the Amex, ISE, NYSE Arca, and Phlx. On May 20, 2008, ISE and Phlx submitted Amendment No. 1 to their respective proposals. On May 21, 2008, ISE and Phlx submitted Amendment No. 2 to their respective proposals and Amex submitted Amendment No. 1 to its proposal. The proposals submitted by the Amex, ISE, NYSE Arca, and Phlx are substantively identical to CBOE's proposal. Pursuant to Section 19(b)(1) of the Act 5 and Rule 19b-4 6 thereunder, the Commission is publishing this notice to solicit comments on these four proposed rule changes, as modified, from interested persons and is approving the proposals, as modified, on an accelerated basis. 5 15 U.S.C. 78s(b)(1). 6 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Amex, ISE, NYSE Arca, and Phlx each propose to amend certain of their respective rules to enable the listing and trading of Gold Trust Options on their markets. The text of the proposals is available at each of the respective exchanges, the Commission's Public Reference Room, and *http://www.amex.com, http://www.iseoptions.com, http://www.nysearca.com,* and *http://www.phlx.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In their filings with the Commission, the Amex, ISE, NYSE Arca, and Phlx included statements concerning the purpose of, and basis for, the proposed rule change. The text of these statements may be examined at the places specified in Item III below. These exchanges have prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organizations' Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Amex, ISE, NYSE Arca, and Phlx each state that the purpose of its proposed rule changes is to permit the listing and trading of Gold Trust Options. Currently, the rules of these exchanges permit only certain “Units” (also referred to herein as exchange traded funds (“ETFs”)) to underlie options traded on their markets. 7 Specifically, to be eligible as an underlying security for options traded on the Amex, ISE, NYSE Arca, or Phlx, an ETF must represent:
(i)Interests in registered investment companies (or series thereof) organized as open-end management investment companies, unit investment trusts or similar entities that hold portfolios of securities, and/or financial instruments including, but not limited to, stock index futures contracts, options on futures, options on securities and indexes, equity caps, collars and floors, swap agreements, forward contracts, repurchase agreements and reverse purchase agreements (“Financial Instruments”), and money market instruments, including, but not limited to, U.S. government securities and repurchase agreements (“Money Market Instruments”) comprising or otherwise based on or representing investments in indexes or portfolios of securities and/or Financial Instruments and Money Market Instruments (or that hold securities in one or more other registered investment companies that themselves hold such portfolios of securities and/or Financial Instruments and Money Market Instruments); or
(ii)interests in a trust or similar entity that holds a specified non-U.S. currency deposited with the trust or similar entity when aggregated in some specified minimum number may be surrendered to the trust by the beneficial owner to receive the specified non-U.S. currency and pays the beneficial owner interest and other distributions on deposited non-U.S. currency, if any, declared and paid by the trust; or
(iii)commodity pool interests principally engaged, directly or indirectly, in holding and/or managing portfolios or baskets of securities, commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or non- U.S. currency. The proposed rule change would expand the types of ETFs that may be approved for options trading on the Exchanges to include the SPDR Gold Trust. 7 *See* Amex Rule 915 Commentary .06; ISE Rule 5.2(h); NYSE Arca Rule 5.3; and Phlx Rule 1009 Commentary .06. Apart from allowing the SPDR Gold Trust to be an underlying for options traded on Amex, ISE, NYSE Arca, and Phlx as described above, the listing standards for ETFs would remain unchanged from those that apply under the current rules of these exchanges. ETFs on which options may be listed and traded would still have to be listed and traded on a national securities exchange and satisfy the other listing standards set forth in the respective rules of each of these exchanges. 8 8 *See* Amex Rule 916 Commentary .07; ISE Rule 502(h); NYSE Arca Rule 5.3(g); and Phlx Rule 1009 Commentary .06. Specifically, in addition to satisfying the aforementioned listing requirements, Units would have to continue to:
(1)Meet the criteria and guidelines under the exchanges' rules for underlying ETFs; or
(2)be available for creation or redemption each business day from or through the issuer in cash or in kind at a price related to net asset value, and the issuer must be obligated to issue Units in a specified aggregate number even if some or all of the investment assets required to be deposited have not been received by the issuer, subject to the condition that the person obligated to deposit the investments has undertaken to deliver the investment assets as soon as possible and such undertaking is secured by the delivery and maintenance of collateral consisting of cash or cash equivalents satisfactory to the issuer, as provided in the respective prospectus. 9 9 *See* Amex Rule 915 Commentary .06; ISE Rule 502(h)(A)-(B); NYSE Arca Rule 5.3(g)(1)(A)-(B); and Phlx Rule 1009 Commentary .06. Amex, ISE, NYSE Arca, and Phlx each propose that the current continued listing standards for options on ETFs would apply to Gold Trust Options. Specifically, options on Units may be subject to the suspension of opening transactions as follows:
(1)Following the initial twelve-month period beginning upon the commencement of trading of the Units, there are fewer than 50 record and/or beneficial holders of the Units for 30 or more consecutive trading days;
(2)the value of the index or portfolio of securities, non-U.S. currency, or portfolio of commodities including commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or Financial Instruments and Money Market Instruments on which Units are based is no longer calculated or available; or
(3)such other event occurs or condition exists that in the opinion of the exchanges makes further dealing on the exchange inadvisable. 10 10 *See* Amex Rule 916 Commentary .07; ISE Rule 503(h); NYSE Arca Rule 5.4(k); and Phlx Rule 1010 Commentary .08. In addition, shares of the SPDR Gold Trust would not be deemed to meet the requirements for continued approval, and the Amex, ISE, NYSE Arca, and Phlx would not open for trading any additional series of option contracts of the class covering shares of the SPDR Gold Trust, if the shares of the SPDR Gold Trust cease to be an “NMS stock” as provided for in rules of these exchanges 11 or shares of the SPDR Gold Trust are halted from trading on their primary market. 11 *See* Amex Rule 916 Commentary .07; ISE Rule 503(h); NYSE Arca Rule 5.4(b); and Phlx Rule 1010. Amex, ISE, NYSE Arca, and Phlx each represented that the addition of the SPDR Gold Trust to types of Units that may underlie listed options traded on the exchange would not have any effect on the rules pertaining to position and exercise limits 12 or margin. 13 12 *See* Amex Rules 904 and 905; ISE Rules 412 and 414; NYSE Arca Rules 6.8 and 6.9; and Phlx Rules 1001 and 1002. 13 *See* Amex Rule 462; ISE Rule 1202; NYSE Arca Rules 4.15 and 4.16; and Phlx Rule 722. Amex, ISE, NYSE Arca, and Phlx also represent that the respective surveillance procedures applicable to Gold Trust Options would be similar to those applicable to all other options on ETFs currently traded on these exchanges. In addition, the Amex, ISE, NYSE Arca, and Phlx note that they may obtain information from the New York Mercantile Exchange, Inc. (“NYMEX”) through the Intermarket Surveillance Group (“ISG”) related to any financial instrument traded there that is based, in whole or in part, upon an interest in, or performance of, gold. 14 14 The Commission noted a surveillance arrangement between the New York Stock Exchange, Inc. and NYMEX in its order approving proposed rule changes to permit the listing and trading of shares of the SPDR Gold Trust. *See* Securities Exchange Act Release No. 50603 (October 28, 2004), 69 FR 64614 (November 5, 2004) (SR-NYSE-2004-22). 2. Statutory Basis Amex, ISE, NYSE Arca, and Phlx each state that amending its rules to accommodate the listing and trading of Gold Trust Options will benefit investors by providing them with valuable risk management tools. Accordingly, these exchanges believe that the proposed rule changes are consistent with the requirements of Section 6(b) of the Act 15 in general, and further the objectives of Section 6(b)(5) 16 of the Act in particular, in that they are designed to remove impediments to, and perfect the mechanism of, a free and open market in a manner consistent with the protection of investors and the public interest. 15 15 U.S.C. 78f(b). 16 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition Amex, ISE, NYSE Arca, and Phlx each believe that the proposed rule changes will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Amex, ISE, NYSE Arca, and Phlx each state that no written comments were solicited or received with respect to the proposed rule changes. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule changes are 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 Nos. SR-Amex-2008-15; SR-ISE-2008-12; SR-NYSEArca-2008-52; and SR-Phlx-2008-17 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Numbers SR-Amex-2008-15; SR-ISE-2008-12; SR-NYSEArca-2008-52; and SR-Phlx-2008-17. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Numbers SR-Amex-2008-15; SR-ISE-2008-12, SR-NYSEArca-2008-52; and SR-Phlx-2008-17 and should be submitted on or before June 26, 2008. IV. Commission Findings After careful consideration, the Commission finds that the proposed rule changes are consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange 17 and, in particular, the requirements of Section 6 of the Act. 18 Specifically, the Commission finds that the proposed rule changes are consistent with Section 6(b)(5) of the Act, 19 which requires, among other things, that the rules of a national securities exchange be designed to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. In accordance with the Memorandum of Understanding entered into between the Commodity Futures Trading Commission (“CFTC”) and the Commission on March 11, 2008, and in particular the addendum thereto concerning Principles Governing the Review of Novel Derivative Products, the Commission believes that novel derivative products that implicate areas of overlapping regulatory concern should be permitted to trade in either or both a CFTC-or Commission-regulated environment, in a manner consistent with laws and regulations (including the appropriate use of all available exemptive and interpretive authority). 17 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 18 15 U.S.C. 78f. 19 15 U.S.C. 78f(b)(5). As national securities exchanges, each of Amex, CBOE, ISE, NYSE Arca, and Phlx is required under Section 6(b)(1) of the Act 20 to enforce compliance by its members, and persons associated with its members, with the provisions of the Act, Commission rules and regulations thereunder, and its own rules. In addition, brokers that trade Gold Trust Options will also be subject to best execution obligations and FINRA rules. 21 Applicable exchange rules also require that customers receive appropriate disclosure before trading Gold Trust Options. 22 Further, brokers opening accounts and recommending options transactions must comply with relevant customer suitability standards. 23 20 15 U.S.C. 78f(b)(1). 21 *See* FINRA Rule 2320. 22 *See* Amex Rule 926; CBOE Rule 9.15; ISE Rule 616; NYSE Arca Rule 9.18(g); and Phlx Rule 1029. 23 *See* FINRA Rules 2860, 2860-2 and 2310; Amex Rule 923; CBOE Rules 9.7 and 9.9; ISE Rules 608 and 610; NYSE Arca Rule 918(b)-(c); and Phlx Rules 1024 and 1026. Gold Trust Options will trade as options under the trading rules of each of the exchanges. These rules, among other things, are designed to avoid trading through better displayed prices for Gold Trust Options available on other exchanges and, thereby, satisfy each exchange's obligation under the Options Intermarket Linkage Plan. 24 Series of the Gold Trust Options will be subject to exchange rules regarding continued listing requirements, including standards applicable to the underlying SPDR Gold Trust. Shares of the SPDR Gold Trust must continue to be traded through a national securities exchange or through the facilities of a national securities association, and must be “NMS stock” as defined under Rule 600 of Regulation NMS. 25 In addition, the underlying shares must continue to be available for creation or redemption each business day from or through the issuer in cash or in kind at a price related to net asset value. 26 If the SPDR Gold Trust shares fail to meet these requirements, the exchanges will not open for trading any new series of Gold Trust Options. 24 *See* Amex Rule 942; CBOE Rule 6.83; ISE Rule 1902; NYSE Arca Rule 6.94; and Phlx Rule 1085. Specifically, each of the exchanges is a participant in the Options Intermarket Linkage Plan. 25 17 CFR 242.600. 26 *See* Amex Rule 915 Commentary .06, Interpretation and Policy .06 to CBOE Rule 5.3; ISE Rule 502(a)-(b); NYSE Arca Rule 5.3(a)-(b); and Phlx Rule 1009 Commentary .06. The Amex, CBOE, ISE, NYSE Arca, and Phlx have all represented that they have surveillance programs in place for the listing and trading of options based on the SPDR Gold Trust. For example, these exchanges may obtain trading information via the ISG from the NYMEX related to any financial instrument traded there that is based, in whole or in part, upon an interest in, or performance of, gold. Additionally, the listing and trading of Gold Trust Options will be subject to the exchanges' rules pertaining to position and exercise limits 27 and margin. 28 27 *See* Amex Rules 904 and 905; CBOE Rules 4.11 and 4.12; ISE Rules 412 and 414; NYSE Arca Rules 6.8 and 6.9; and Phlx Rules 1001 and 1002. 28 *See* Amex Rule 462; CBOE Rule 12.3; ISE Rule 1202; NYSE Arca Rules 4.15 and 4.16; and Phlx Rule 722. *See also* FINRA Rules 2860 and 2860-1. In addition, the Commission finds good cause, pursuant to Section 19(b)(2) of the Act, 29 for approving the proposed rule changes of the Amex, ISE, Phlx, and NYSE Arca prior to the thirtieth day after the date of publication of notice in the **Federal Register** . The Commission notes that proposals of the Amex, ISE, Phlx, and NYSE Arca are substantively identical to the CBOE proposal, which was published for a 21-day comment period and generated no comments. Therefore, the Commission does not believe that the proposals of the Amex, ISE, Phlx, and NYSE Arca raise any new regulatory issues different from that of the CBOE proposal. Accordingly, the Commission finds that there is good cause, consistent with Section 6(b)(5) of the Act, 30 to approve the proposals by Amex, ISE, NYSE Arca, and Phlx on an accelerated basis. 29 15 U.S.C. 78s(b)(2). 30 15 U.S.C. 78s(b)(5). V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 31 that the proposed rule change (SR-CBOE-2005-11), as modified, be and is hereby approved and that the proposed rule changes (SR-SR-Amex-2008-15; SR-ISE-2008-12, SR-NYSEArca-2008-52; and SR-Phlx-2008-17), as modified, be, and are hereby approved on an accelerated basis. 31 15 U.S.C. 78s(b)(2). By the Commission. Florence E. Harmon, Acting Secretary. [FR Doc. E8-12520 Filed 6-4-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57887; File No. SR-BSE-2008-31] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Exchange Fees and Charges May 30, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on May 28, 2008, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change BSE proposes to amend the Fee Schedule of the Boston Options Exchange facility (“BOX”) to modify the fees and credits associated with the Liquidity Make or Take Pricing Structure. While changes to the Fee Schedule pursuant to this proposal are effective upon filing, the Exchange designated the changes operative for June 2, 2008. The text of the proposed rule change is available at BSE, the Commission's Public Reference Room, and *http://www.bse.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend Section 7 of the BOX Fee Schedule 5 to introduce Tier 1 and Tier 2 pricing for the Liquidity Make or Take Pricing Structure. 6 The proposed rule change will reduce the fees and credits that the Exchange charges and applies to transactions in the iShares Russell 2000® Index Fund (“IWM”), Powershares® QQQ Trust Series 1 (“QQQQ”), and the Standard & Poor's Depositary Receipts® (“SPY”) (collectively referred to as “Tier 2 Classes”) by fifteen cents ($0.15). Under the proposal, Tier 2 Class transactions subject to the Liquidity Make or Take Pricing Structure will have a thirty cent ($0.30) fee and fifteen cent ($0.15) credit for Market Makers and thirty cent ($0.30) fee and ten cent ($0.10) credit for a firm or Public Customer. This will maintain the current fee/credit differential applied to each account type within the Liquidity Make or Take Pricing Structure, namely, fifteen cents ($0.15) for a Market Maker and twenty cents ($0.20) for a firm or Public Customer. Fees and credits for the proposed Tier 1 Classes will remain at the levels currently applied to transactions subject to the Liquidity Make or Take Pricing structure. 7 Tier 1 pricing will continue to apply to all classes that currently participate in the Penny Pilot, 8 other than the aforementioned Tier 2 Classes. 5 The BOX Fee Schedule can be found on the BOX Web site at *http://www.bostonoptions.com.* 6 Capitalized terms not otherwise defined herein shall have the meanings set forth in the BOX Rules. 7 Pursuant to the BOX Fee Schedule, Market Makers are currently subject to a forty-five cent ($0.45) charge and receive a thirty cent ($.0.30) credit. Firms and Public Customers are subject to a forty-five cent ($0.45) charge and a twenty-five cent ($0.25) credit. 8 The rules pertaining to the Penny Pilot Program on BOX can be found in Section 33 of Chapter V of the BOX Rules. The Exchange has notified Participants of the classes included within the Penny Pilot Program via Regulatory Circular. See Boston Options Exchange Regulation LLC Regulatory Circular 2008-06. Tier 2 Classes are among the most liquid and most actively traded options on BOX. Due to the vast liquidity in the Tier 2 Classes, BOX's cost to trade these classes is less than the costs of other classes traded on BOX. The Exchange believes that such lower costs should therefore result in decreased fees for trading in these Tier 2 Classes. Furthermore, BOX proposes to distribute a complete list of the classes included in Tier 1 and Tier 2 pricing to participants via Regulatory Circular. The Exchange believes that distributing a Regulatory Circular containing the Tier 1 and Tier 2 Classes is the best method of notifying and informing Participants of the relevant pricing structure. 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act, 9 in general, and Section 6(b)(4) of the Act, 10 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change is effective upon filing pursuant to Section 19(b)(3)(A)(ii) 11 of the Act and Rule 19b-4(f)(2) 12 thereunder, because it establishes or changes a due, fee, or other charge applicable only to a member imposed by the Exchange. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 11 15 U.S.C. 78s(b)(3)(A)(ii). 12 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-BSE-2008-31 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2008-31. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro/shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-BSE-2008-31 and should be submitted on or before June 26, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 13 Florence E. Harmon, Acting Secretary. 13 17 CFR 200.30-3(a)(12). [FR Doc. E8-12481 Filed 6-4-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57883; File No. SR-CBOE-2008-53] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of Proposed Rule Change To Amend the Exchange's Rules Pertaining to the Imposition of Fines for Minor Rule Violations May 29, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on May 19, 2008, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the CBOE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend CBOE Rule 17.50, “Imposition of Fines for Minor Rule Violations,” to revise the provisions of CBOE Rule 17.50(g)(1) “Violations of Position Limits Rules.” The text of the proposed rule change is available on the Exchange's Web site ( *http://www.cboe.org/Legal* ), at the CBOE's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to increase and strengthen the sanctions imposed pursuant to its Minor Rule Violation Plan (“MRVP”) in connection with any member or customer who exceeds the Exchange's position limit in accordance with CBOE Rule 4.11. The Exchange believes that increasing the fine levels specified; consolidating individual members, member organizations, and customers into one category; and lengthening the surveillance period from a 12-month period to a rolling 24-month period will serve as an effective deterrent to such violative conduct. In addition, the Exchange, as a member of the Intermarket Surveillance Group (“ISG”), as well as certain other self-regulatory organizations (“SROs”) on October 29, 2007 executed and filed with the Commission a final version of an Agreement pursuant to Section 17(d) of the Act (the “17d-2 Agreement”). 3 The members of the ISG intend to enter into an amendment to the 17d-2 Agreement in the near future concerning the surveillance and sanctions of position limit violations. As such, the SROs have agreed that their respective rules concerning position limits regarding options contracts are common rules. As a result, the proposal to amend the CBOE's MRVP will further result in consistency in sanctions among the SROs that are signatories to the 17d-2 Agreement and the forthcoming amendment concerning position limit violations. 3 *See* letter to Richard Holley, Senior Special Counsel, Division of Trading and Markets, Commission, from Nyieri Nazarian, Assistant General Counsel, American Stock Exchange LLC, dated October 29, 2007. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 4 in general, and furthers the objectives of Section 6(b)(5) of the Act, 5 in particular, in that it is designed to promote just and equitable principles of trade, facilitate transactions in securities, remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Specifically, the Exchange believes that the proposed rule change will strengthen its ability to carry out its oversight responsibilities as an SRO and reinforce its surveillance and enforcement functions. Additionally, the Exchange believes that the proposed rule change will promote consistency in minor rule violations and respective SRO reporting obligations as set forth pursuant to Rule 19d-1(c)(2) under the Act, 6 which governs minor rule violation plans. 4 15 U.S.C. 78f(b). 5 15 U.S.C. 78f(b)(5). 6 17 CFR 240.19d-1(c)(2). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2008-53 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-53. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2008-53 and should be submitted on or before June 26, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 7 7 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-12482 Filed 6-4-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57895; File No. SR-OCC-2008-07] Self-Regulatory Organizations; The Options Clearing Corporation; Order Granting Approval of a Proposed Rule Change, as Modified by Amendment No. 1, Relating to SPDR Gold Shares May 30, 2008. I. Introduction On March 7, 2008, The Options Clearing Corporation (“OCC”) filed with the Securities and Exchange Commission (“Commission”) proposed rule change SR-OCC-2008-07 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”). 1 Notice of the proposal was published in the **Federal Register** on March 17, 2008, and was republished on April 25, 2008. 2 On May 22, 2008, OCC filed Amendment No. 1 to the proposed rule change. 3 No comment letters were received. For the reasons discussed below, the Commission is granting approval of the proposed rule change, as amended. 1 15 U.S.C. 78s(b)(1). 2 Securities Exchange Act Release Nos. 57466 (March 11, 2008), 73 FR 14297 and 57695 (April 21, 2008), 73 FR 22452. The Commission republished notice of the proposed rule change in order to add footnote 6 to Section IV, Solicitation of Comments. 3 Although the proposed rule change was amended after it was noticed for comment in the **Federal Register** , republication of the notice is not necessary because the post-notice amendment made only a technical change to reflect that streetTRACKS Gold Trust has been re-named SPDR Gold Trust. II. Description The rule change helps to clarify the manner in which options and security futures on SPDR Gold Shares will be treated and cleared by adding an interpretation to the definition of “fund share” in Article I, Section 1 of OCC's By-Laws. 4 Under the interpretation, OCC will clear and treat as securities options any option contracts on SPDR Gold Shares, which are traded on securities exchanges. Similarly, OCC will clear and treat as security futures any futures contracts on SPDR Gold Shares. 5 4 The new interpretation replaces the interpretation that was added to OCC's By-Laws by File No. SR-OCC-2008-04, which was effective upon filing. At the request of the Commission, OCC withdrew SR-OCC-2008-04 from consideration by the Commission in conjunction with the submission of this filing, SR-OCC-2008-07. 5 The exact language of the interpretation can be found at *http://www.optionsclearing.com/publications/rules/proposed_changes/sr_occ_08_07.pdf.* In its capacity as a “derivatives clearing organization” registered with the Commodity Futures Trading Commission (“CFTC”), OCC also filed the proposed rule change with the CFTC for prior approval by the CFTC pursuant to provisions of the Commodity Exchange Act (“CEA”). 6 6 OCC's filing with the CFTC can be found at *http://www.cftc.gov/stellent/groups/public/@rulesandproducts/documents/ifdocs/rul030708occ001.pdf.* III. Discussion Section 17A(b)(3)(F) of the Act requires, among other things, that the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions. 7 By amending its By-Laws to help clarify that options and security futures on SPDR Gold Shares will be treated and cleared as securities options or security futures, OCC's proposed rule change should help clarify the jurisdictional status of such contracts and accordingly should help to promote the prompt and accurate clearance and settlement of securities transactions. In accordance with the Memorandum of Understanding entered into between the CFTC and the Commission on March 11, 2008, and in particular the addendum thereto concerning Principles Governing the Review of Novel Derivative Products, the Commission believes that novel derivative products that implicate areas of overlapping regulatory concern should be permitted to trade in either or both a CFTC- or Commission-regulated environment, in a manner consistent with laws and regulations (including the appropriate use of all available exemptive and interpretive authority). 7 15 U.S.C. 78q-1(b)(3)(F). IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 17A of the Act and the rules and regulations thereunder. 8 8 In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, that the proposed rule change (File No. SR-OCC-2008-07), as modified by Amendment No. 1, be and hereby is approved. By the Commission. Florence E. Harmon, Acting Secretary. [FR Doc. E8-12519 Filed 6-4-08; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11256 and #11257] Arkansas Disaster Number AR-00020 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Arkansas (FEMA-1758-DR), dated 05/20/2008. *Incident:* Severe Storms, Flooding, and Tornadoes. *Incident Period:* 05/02/2008 and continuing. DATES: *Effective Date:* 05/23/2008. *Physical Loan Application Deadline Date:* 07/21/2008. *EIDL Loan Application Deadline Date:* 02/20/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Arkansas, dated 05/20/2008 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties: (Physical Damage and Economic Injury Loans):* Arkansas, Phillips. *Contiguous Counties: (Economic Injury Loans Only):* Arkansas: Desha, Lincoln, Monroe. Mississippi, Bolivar, Coahoma. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12533 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11206 and #11207] Arkansas Disaster Number AR-00018 AGENCY: U.S. Small Business Administration. ACTION: Amendment 8. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Arkansas ( FEMA-1751-DR ) , dated 03/28/2008. *Incident:* Severe Storms, Tornadoes, and Flooding. *Incident Period:* 03/18/2008 through 04/28/2008. DATES: *Effective Date:* 05/22/2008. *Physical Loan Application Deadline Date:* 06/27/2008. *EIDL Loan Application Deadline Date:* 12/29/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Arkansas, dated 03/28/2008 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* (Physical Damage and Economic Injury Loans): Perry. All other counties contiguous to the above named primary county have previously been declared. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12536 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11269 and #11270] Florida Disaster # FL-00034 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Florida dated 05/30/2008. *Incident:* Wildland Fires. *Incident Period:* 05/11/2008 through 05/13/2008. *Effective Date:* 05/30/2008. *Physical Loan Application Deadline Date:* 07/29/2008. *Economic Injury
(EIDL)Loan Application Deadline Date:* 03/02/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Brevard. Contiguous Counties: Florida Indian River, Orange, Osceola, Seminole, Volusia. The Interest Rates are: Percent Homeowners With Credit Available Elsewhere 5.375 Homeowners Without Credit Available Elsewhere 2.687 Businesses With Credit Available Elsewhere 8.000 Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11269 5 and for economic injury is 11270 0. The States which received an EIDL Declaration # are Florida. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008). Dated: May 30, 2008. Steven C. Preston, Administrator. [FR Doc. E8-12637 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11254] Maine Disaster Number ME-00012 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Maine (FEMA-1755-DR), dated 05/14/2008. *Incident:* Severe Storms and Flooding. *Incident Period:* 04/28/2008 through 05/14/2008. DATES: *Effective Date:* 05/23/2008 *Physical Loan Application Deadline Date:* 07/14/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Maine, dated 5/14/2008, is hereby amended to include the following areas as adversely affected by the disaster. *Primary County:* Penobscot. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Number 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12568 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11237 and #11238] Mississippi Disaster Number MS-00018. AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-1753-DR) , dated 05/08/2008. *Incident:* Severe Storms and Flooding. *Incident Period:* 03/20/2008 and continuing through 05/19/2008. DATES: *Effective Date:* 05/19/2008. *Physical Loan Application Deadline Date:* 07/07/2008. *EIDL Loan Application Deadline Date:* 02/03/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416 SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Mississippi, dated 05/08/2008 is hereby amended to establish the incident period for this disaster as beginning 03/20/2008 and continuing through 05/19/2008. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12532 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11266 and #11267] Mississippi Disaster # MS-00016 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-1764-DR), dated 05/28/2008. *Incident:* Severe Storms and Tornadoes. *Incident Period:* 04/04/2008. DATES: *Effective Date:* 05/28/2008. *Physical Loan Application Deadline Date:* 07/28/2008. *Economic Injury
(EIDL)Loan Application Deadline Date:* 03/02/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 05/28/2008, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties (Physical Damage and Economic Injury Loans):* Hinds. *Contiguous Counties (Economic Injury Loans Only):* Mississippi: Claiborne, Copiah, Madison, Rankin, Simpson, Warren, Yazoo. The Interest Rates are: Percent For Physical Damage: Homeowners With Credit Available Elsewhere 5.500. Homeowners Without Credit Available Elsewhere 2.750. Businesses With Credit Available Elsewhere 8.000. Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250. Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000. For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000. The number assigned to this disaster for physical damage is 11266C and for economic injury is 112670. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12569 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11203 and #11204] Missouri Disaster Number MO-00025. AGENCY: U.S. Small Business Administration. ACTION: Amendment 3. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Missouri (FEMA-1749-DR), dated 03/27/2008. *Incident:* Severe Storms and Flooding. *Incident Period:* 03/17/2008 through 05/09/2008. DATES: *Effective Date:* 05/28/2008. *Physical Loan Application Deadline Date:* 06/26/2008. *EIDL Loan Application Deadline Date:* 12/23/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416 SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Missouri, dated 03/27/2008 is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 06/26/2008. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E8-12538 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11249 and #11250] Oklahoma Disaster Number OK-00020 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1756-DR), dated 05/14/2008. *Incident:* Severe Storms, Tornadoes, and Flooding. *Incident Period:* 05/10/2008 and continuing through 05/13/2008. DATES: *Effective Date:* 05/13/2008. *Physical Loan Application Deadline Date:* 07/14/2008. *EIDL Loan Application Deadline Date:* 02/16/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Oklahoma, dated 05/14/2008 is hereby amended to establish the incident period for this disaster as beginning 05/10/2008 and continuing through 05/13/2008. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12539 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11249 and #11250] Oklahoma Disaster Number OK-00020 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1756-DR), dated 05/14/2008. *Incident:* Severe Storms, Tornadoes, and Flooding. *Incident Period:* 05/10/2008 and continuing. DATES: *Effective Date:* 05/23/2008. *Physical Loan Application Deadline Date:* 07/14/2008. *EIDL Loan Application Deadline Date:* 02/16/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Oklahoma, dated 05/14/2008 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties (Physical Damage and Economic Injury Loans):* Craig, Latimer, Pittsburg. *Contiguous Counties (Economic Injury Loans Only):* Oklahoma: Atoka, Coal, Haskell, Hughes, Le Flore, Mayes, Mcintosh, Nowata, Pushmataha, Rogers. Kansas: Labette. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12540 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11268] South Dakota Disaster # SD-00016 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of South Dakota (FEMA-1759-DR), dated 05/22/2008. *Incident:* Severe Winter Storm and Record and Near Record Snow. *Incident Period:* 05/01/2008 through 05/02/2008. DATES: *Effective Date:* 05/22/2008. *Physical Loan Application Deadline Date:* 07/21/2008. ADDRESSES: Submit completed loan applications to : U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 05/22/2008, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Bennett, Butte, Harding, Jackson, Perkins. The Interest Rates are: Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11268. (Catalog of Federal Domestic Assistance Number 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-12567 Filed 6-4-08; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Clark County, WA AGENCY: Federal Highway Administration (FHWA), USDOT. ACTION: Notice of Intent to prepare an Environmental Impact Statement (EIS). SUMMARY: The Federal Highway Administration is issuing this notice to advise the public and Indian Tribes that an Environmental Impact Statement
(EIS)will be prepared for the proposed SR 502 Corridor Widening Project in Clark County, Washington. DATES: Written comments on the purpose and need, scope of alternatives, and impacts to be considered in the EIS must be received no later than June 10, 2008, and must be sent to the Washington State Department of Transportation (WSDOT) at the address indicated below. *Scoping Meeting Date:* One public information meeting will be held on May 20, 2008, 4 p.m-7 p.m at the Cherry Grove Friends Church, 9100 NE 219th Street, Battle Ground, Washington. Oral and written comments may be given at the public meeting. This and all other public meetings will be accessible to persons with disabilities who may also request this information be prepared and supplied in alternate formats by calling Chris Tams at
(360)759-1310 or 1(866) 279-0730 at least 48-hours in advance of the meeting for WSDOT to make the necessary arrangements. Persons who are deaf or hard of hearing may access Washington State Telecommunications Relay Service by dialing 7-1-1 and asking to be connected to
(360)759-1310. ADDRESSES: Comments or questions concerning this proposal will be accepted at the public meeting or can be sent to Chris Tams, Area Engineer, Washington State Department of Transportation Southwest Region, P.O. Box 1709, Vancouver, WA 98668-1709; by Fax at
(360)905-2062; or by e-mail to *SWGorge@wsdot.wa.gov.* FOR FURTHER INFORMATION CONTACT: Dean Moberg, Federal Highway Administration, 711 S. Capitol Way, Suite 501, Olympia, WA 98501, Telephone:
(360)534-9344 (direct) or
(360)753-9480 (general). Additional information on the SR 502 Corridor Widening Project can be found on the project Web site at: *http://www.wsdot.wa.gov/Projects/SR502/Widening/.* SUPPLEMENTARY INFORMATION: Proposed Action Background The FHWA and WSDOT will prepare an EIS on the proposed widening of the SR 502 Corridor (NE 219th Street) in north Clark County from a two-lane roadway to a four-lane roadway with a median barrier separating westbound and eastbound travel. The SR 502 Corridor Widening is proposed between NE 15th Avenue and NE 102nd Avenue, for a length of approximately 5 miles. The project also proposes to construct paved shoulders for pedestrian and bicycle use, stormwater facilities, and three new signalized intersections on SR 502 at NE 29th Avenue, NE 50th Avenue, and NE 92 Avenue in addition to the existing signalized intersection on SR 502 at NE 72nd Avenue (Dollars Corner). These improvements are proposed to address the current and future deficiencies related to mobility and safety on the SR 502 corridor. The SR 502 Corridor Widening Project began as an Environmental Assessment
(EA)in early 2007. One agency scoping meeting and one public scoping meeting were held on February 22, 2007, to identify issues and concerns as well as provide input into establishing a range of alternatives for the project. A wide range of alternatives were considered between February and September 2007. Six “on-corridor” alternatives, including widening the existing facility directly to either the north or south of the existing facility, or equally on both sides from the centerline, were studied. Additionally, two “off-corridor” alternatives, which considered constructing a new roadway for SR 502 further north or south of the existing corridor, were studied. Four public open house meetings were held to gather public input on the range of alternatives being considered for the project on: March 27, 2007; May 9, 2007; June 14, 2007; and September 27, 2007. These public meetings resulted in strong public support for one “on corridor” alternative, which was forwarded for further detailed environmental study along with the no action alternative. As draft environmental discipline studies of the possible effects of the potential alternatives were conducted, it was determined that the widening of the SR 502 corridor may substantially affect the quality of the human and natural environment and may benefit from a more detailed analysis. Therefore, the FHWA and WSDOT elected to prepare an ETS. Alternatives The EIS will address, at a minimum, the no action alternative and the following action alternative: *On-corridor Widening Alternative:* This alternative would widen the existing SR 502 facility to four general purpose travel lanes from just west of NE 15th Avenue to NE 102nd Avenue. Along the entire SR 502 corridor, two lanes would be constructed in each direction with a median barrier separating westbound and eastbound travel between the four signalized intersections at NE 29th Avenue, NE 50th Avenue, NE 72nd Avenue (Dollars Corner), and NE 92nd Avenue. Paved shoulders that could be used by pedestrians and bicyclists would also be constructed the length of the corridor. Curb and sidewalk would accommodate additional pedestrian travel through the Dollars Corner rural commercial center between roughly NE 67th Avenue and the 7600 block of SR 502. Except at the four signalized intersections, turns to and from SR 502 would be restricted to right-in/right-out turning movements. Stormwater treatment facilities would collect, detain, treat, and discharge stormwater runoff from new impervious surface that results from the roadway widening. Probable Effects The FHWA and WSDOT will evaluate all transportation, environmental, social, and economic effects of the alternatives. Potential areas of impact include: Natural and cultural resources; land use; social and economic elements; and, traffic and noise. All effects will be evaluated for both the construction period and the long-term period of operation. Indirect and cumulative impacts will also be evaluated. Measures to avoid, minimize, and mitigate any significant effects will be developed. Scoping *Agency Coordination:* The project sponsors are working with the local, state and federal resource agencies to implement regular opportunities for coordination during the National Environmental Policy Act
(NEPA)process. This process will comply with SAFETEA-LU section 6002. *Tribal Coordination:* The formal Tribal government consultation will occur through government-to-government collaboration. The date and address of the public scoping meeting is given in the DATES section above. The WSDOT assures full compliance with Title VI of the Civil Rights Act of 1964 by prohibiting discrimination based on race, color, national origin and sex in the provision of benefits and services. For language interpretation services please contact Chris Tams at
(360)759-1310 or 1
(866)279-0730. For information on the WSDOT Title VI Program, please contact the Title VI Coordinator at
(360)705-7098. To ensure that a full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from interested parties. Comments or questions concerning this proposal will be accepted at the public meeting or may be sent to the Washington State Department of Transportation Southwest Region at the address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal Programs and activities apply to this program.) Issued on May 28, 2008. Ingrid Allen, FHWA Team Leader, Olympia. [FR Doc. E8-12307 Filed 6-4-08; 8:45 am] BILLING CODE 4910-22-M DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Informational Filing In accordance with Section 236.913 of Title 49 of the Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration
(FRA)has received an informational filing from the Northeast Illinois Regional Commuter Railroad Corporation (Metra) to permit field testing of the railroad's processor-based train control system. The informational filing is described below, including the requisite docket number where the informational filing and any related information may be found. The document is also available for public inspection; however, FRA is not accepting public comments. Northeast Illinois Regional Commuter Railroad Corporation [Docket Number FRA-2008-0057] Metra has submitted an informational filing to permit field testing of the railroad's processor-based train control system identified as Electronic Train Management System (ETMS). The informational filing addresses the requirements under 49 CFR 236.913(j)(1). Specifically, the informational filing contains a description of the ETMS product and an operational concepts document, pursuant to 49 CFR 236.913(j)(1). The ETMS is a locomotive-centric, non-vital system designed to be overlaid on existing methods of operation and to provide an improved level of railroad safety through enforcement of a train's authority limits and both permanent and temporary speed restrictions. An associated temporary waiver petition has also been submitted to support field testing of Metra's ETMS pursuant to 49 CFR Sections 211.7 and 211.51, and can be found in the same docket as this informational filing (FRA-2008-0057). Metra desires to commence field testing on or about July 1, 2008, or as soon as practicable thereafter, contingent upon FRA's acceptance and approval of their informational filing. Metra intends to test and develop ETMS on its Rock Island District between Chicago, IL and Joliet, IL. Interested parties are invited to review the informational filing and associated documents at DOT's Docket Management facility during regular business hours (9 a.m.-5 p.m.) at 1200 New Jersey Avenue, SE., Room W12-140, Washington, DC 20590. All documents in the public docket are available for inspection and copying on the internet at *http://www.regulations.gov.* Anyone is able to search the electronic form of any written communications received into any of our dockets by name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78). Issued in Washington, DC on May 30, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8-12545 Filed 6-4-08; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration
(FRA)has received a request for temporary waiver of compliance with certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, and the nature of the relief being requested. Northeast Illinois Regional Commuter Railroad Corporation [Docket Number FRA-2008-0057] The Northeast Illinois Regional Commuter Railroad Corporation (Metra) has submitted a temporary waiver petition to support field testing of its processor-based train control system, identified as Electronic Train Management System (ETMS), pursuant to 49 CFR Sections 211.7 and 211.51. An informational filing, as required under 49 CFR Part 236, Subpart H, has also been prepared and submitted in conjunction with this waiver petition, and can be found in the same docket as this waiver petition (FRA-2008-0057). ETMS is a locomotive-centric, non-vital system, designed to be overlaid on existing methods of operation and to provide an improved level of railroad safety through enforcement of a train's authority limits and both permanent and temporary speed restrictions. Metra desires to commence field testing on or about July 1, 2008, or as soon as practicable thereafter, contingent upon FRA's acceptance and approval of the associated informational filing and this waiver petition. Metra intends to test and develop ETMS on its Rock Island District between Chicago, IL, and Joliet, IL. Metra is seeking regulatory relief for development testing and demonstration purposes only. Specifically, Metra is requesting regulatory relief from the following FRA requirements: • 49 CFR 216.13 (Special Notice for Repairs—Locomotive); • 49 CFR 217.9 (Program of Operational Tests and Inspections—Recordkeeping); • 49 CFR 217.11 (Program of Instruction on Operating Rules—Recordkeeping, Electronic Recordkeeping); • 49 CFR Part 218, Subpart D (Prohibition against Tampering with Safety Devices); • 49 CFR 229.7 (Prohibited Acts); • 49 CFR 229.135 (Event Recorders); • 49 CFR 233.9 (Reports); • 49 CFR 235.5 (Changes Requiring Filing of Application); • 49 CFR 240.127 (Criteria for Examining Skill Performance); and • 49 CFR 240.129 (Criteria for Monitoring Operational Performance of Certified Engineers). Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. All communications concerning these proceedings should identify the appropriate docket number (Docket Number FRA-2008-0057) and may be submitted by one of the following methods: • *Web site: http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 20590. • *Hand Delivery:* 1200 New Jersey Avenue, SE., Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. Communications received within 30 days of the date of this notice will be considered by FRA before final action being taken. Comments received after this period will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the DOT Docket Management Facility, 1200 New Jersey Avenue, SE., Room W12-140, in Washington, DC. All documents in the public docket are also available for inspection and copying on the internet at *http://www.regulations.gov.* Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by 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 DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78). Issued in Washington, DC on May 30, 2008. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E8-12544 Filed 6-4-08; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Privacy Act of 1974: System of Records AGENCY: Federal Transit Administration (FTA). ACTION: Notice to establish a system of records. SUMMARY: DOT intends to establish a system of records under the Privacy Act of 1974. The Privacy Act of 1974, as amended, 5 U.S.C. 552a, requires that agencies that maintain a system of records publish a notice in the **Federal Register** of the existence and character of the system of records. In accordance with the Privacy Act, the Department of Transportation
(DOT)is giving notice of a system of records to meet the Federal Transit Administration's (FTA's) needs for emergency contact information in case of illness or injury to its employees and contractors. DATES: *Effective Date:* This notice will be effective, without further notice, on July 15, 2008, unless modified by a subsequent notice to incorporate comments received by the public. Comments must be received by July 7, 2008 to be assured consideration. FOR FURTHER INFORMATION CONTACT: Habib Azarsina, Departmental Privacy Officer, S-80, United States Department of Transportation, Office of the Secretary of Transportation, 1200 New Jersey Ave, SE., Washington, DC 20590, telephone 202-366-1965 or *habib.azarsina@dot.gov.* SUPPLEMENTARY INFORMATION: The Department of Transportation system of records notice subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, has been published in the **Federal Register** and is available from the above mentioned address. SYSTEM NUMBER: DOT/FTA 802. SYSTEM NAME: The Operational Assets and Information Security (OASIS) System. SECURITY CLASSIFICATION: Unclassified, Non-Sensitive. SYSTEM LOCATION: This system of record is in the Office of Information Technology for the Department of Transportation/Federal Transit Administration, Integrated Communication Solutions data center located at 5260 Westview Drive, Frederick, MD 21703. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM OF RECORDS: FTA employees and contractors CATEGORIES OF RECORDS IN THE SYSTEM Information maintained in this system consists of employee/contractor work information in the form of room number, work telephone number, and systems to which the employees have access. The system also stores employee/contractor home addresses and telephone numbers. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 49 U.S.C. 321. PURPOSES: Employee/contractor personal information is encouraged in case of emergency where the individual's family may need to be reached. Input of this information is not mandatory and is provided at the individual's option. Also, no record subject is able to see the information of any other record subject. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: See Prefatory Statement of General Routine Uses. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Documents are stored electronically in a SQL Server database on the internal network (behind departmental firewall). RETRIEVABILITY: Records are retrieved by searching on an individual's name or office symbol. SAFEGUARDS: OASIS is an FTA application that resides on the internal network behind the departmental firewall. Users are authenticated by their network user ID and password. RETENTION AND DISPOSAL: Data is kept in the system for the life of the system. Many of FTA's applications interface with OASIS and individuals who are no longer working for FTA are in an inactive status. This is necessary in order to maintain historical traceability in our applications. SYSTEM MANAGER(S) AND ADDRESS: Office of Information Technology (TAD-20), Federal Transit Administration, 1200 New Jersey Ave., SE., Washington, DC 20590. NOTIFICATION PROCEDURE: Same as “System Manager.” RECORD ACCESS PROCEDURES: Same as “System Manager.” CONTESTING RECORD PROCEDURES: Same as “System Manager.” RECORD SOURCE CATEGORIES: Personal information is entered voluntarily by the individual at her/his own discretion for emergency procedures. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. Habib Azarsina, Departmental Privacy Officer, DOT / OST / S-83. [FR Doc. E8-12615 Filed 6-4-08; 8:45 am] BILLING CODE 4910-62-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket Number NHTSA-2008-0057] Reports, Forms and Record Keeping Requirements AGENCY: National Highway Traffic Safety Administration, U.S. Department of Transportation. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), this notice announces that the Information Collection Request
(ICR)abstracted below will be forwarded to the Office of Management and Budget
(OMB)for review and comment. The ICR describes the nature of the information collections and their expected burden. A **Federal Register** Notice with a 60-day comment period was published on March 28, 2008 (73 FR 16740). DATES: Comments must be submitted to OMB on or before July 7, 2008. ADDRESSES: Send comments to the Office of Information and Regulatory Affairs, OMB, 725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer. FOR FURTHER INFORMATION CONTACT: Jennifer Timian, Recall Management Division (NVS-215), Room W46-324, NHTSA, 1200 New Jersey Ave., Washington, DC 20590. Telephone:
(202)366-0209. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration *Title:* Defect and Noncompliance Reporting and Notification. *OMB Number:* 2127-0004. *Type of Request:* Revision of a currently approved information collection. *Affected Public:* Businesses or individuals. *Abstract:* This notice addresses NHTSA's proposed revision to approved collection of information OMB No. 2127-0004. This collection covers those requirements found within various provisions of the Motor Vehicle Safety Act of 1966 (Act), 49 U.S.C. 30101, *et seq.* , and implementing regulations found within 49 CFR parts 573 and 577, that require motor vehicle and motor vehicle equipment manufacturers to notify NHTSA and also owners, purchasers, dealers, and distributors, of safety-related defects and failures to comply with Federal Motor Vehicle Safety Standards (FMVSS) in products they manufactured. It also covers additional reporting, notification, and recordkeeping requirements related to those notifications and the ensuing free remedy programs, including the requirement(s): • That a plan be filed explaining how the manufacturer intends to reimburse owners or purchasers who paid to remedy the defective or noncompliant product prior to its recall, and that this plan be explained in the notifications issued to owners and purchasers; • That the manufacturer provide to NHTSA copies of communications pertaining to the recall campaign that they may issue to owners, purchasers, dealers, or distributors; • That the manufacturer maintain a list of the owners, purchasers, dealers, and distributors it notified; • That the manufacturer provide NHTSA with at least six quarterly reports detailing the progress of the recall campaign; • Related to, in tire recall campaigns, the proper disposal of recalled tires, including requirements that the manufacturer submit a plan and provide certain information and instructions to certain persons (such as its dealers or retail outlets) addressing disposal, and a requirement that those persons report back deviations from that plan; and • That any person who sells or leases a defective or noncompliant tire, knowing that the manufacturer has decided that tire is defective or noncompliant, report that sale or lease to NHTSA. The statutory sections imposing these requirements include 49 U.S.C. 30118, 30119, 30120, and 30166. The regulatory sections implementing these statutory sections are found within 49 CFR part 573, *Defect and Noncompliance Responsibility and Reports,* and 49 CFR 577, *Defect and Noncompliance Notification.* NHTSA published a **Federal Register** notice providing more detailed information about this information collection's requirements and its annual burden hour and respondent calculations on March 28, 2008 (73 FR 16740). All interested persons are encouraged to review that notice for further information if needed in preparing comments. *Estimated annual burden:* 21,370 hours. *Number of respondents:* 175. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is most effective if OMB receives it within 30 days of publication. Issued on: May 27, 2008. Kathleen C. DeMeter, Director, Office of Defects Investigation. [FR Doc. E8-12491 Filed 6-4-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0053] Motley Rice, LLC, Denial of Petition for Compliance Investigation Motley Rice, LLC (Motley Rice), counsel of record for the plaintiffs in the lawsuit styled *Day* v. *Ford Motor Company,* Civ. No. 04CVS-10181 (N.C., Guilford County), has petitioned National Highway Traffic Safety Administration (NHTSA) pursuant to 49 CFR 552.3 seeking an order finding that certain vehicles manufactured by Ford Motor Company
(Ford)are not in compliance with Federal Motor Vehicle Safety Standard (FMVSS) No. 206, 1 *Door Locks and Door Retention Components.* In addition, petitioner seeks an order finding that Ford's use of the Modified Dynamic Test Method to demonstrate compliance was inappropriate or, stated alternatively, that Ford's use of the 1960 Severy acceleration pulse is not a uniform approved pulse that can be inserted into any test for the purpose of determining regulatory compliance. Petitioner asserts that the following Ford vehicles are non-compliant with FMVSS No. 206:
(1)Model Year
(MY)1997-2000 F-150—PN-96,
(2)MY 1997-2000 F-250—Light Duty,
(3)MY 1997-2000 Ford Expedition, and
(4)MY 1997-2000 Lincoln Navigator vehicles. Collectively, this notice refers to these vehicles as “subject vehicles.” 1 Throughout this Notice, all references to FMVSS No. 206 are based on the version of the standard in effect for the applicable manufacturing dates of the subject vehicles. Motley Rice contends that the identified vehicles are not in compliance with FMVSS No. 206. Specifically, the petitioner contends that the identified vehicles are not in compliance with the 30g (inertia load) requirement of FMVSS No. 206 as a result of a defect in the outside handle torsion spring. The spring tension in these handles, petitioner contends, is substantially below specification and may reduce the level for inertia activation of the system to approximately half that needed to meet the 30g calculation requirements of FMVSS No. 206 per the calculation referenced in Society of Automotive Engineers Recommended Practice J839 (SAE-J839). Under the National Traffic and Motor Vehicle Safety Act, as amended and recodified, 49 U.S.C. 30112(a)(1), a person may not manufacture for sale or sell any motor vehicle manufactured on or after the date of an applicable motor vehicle safety standard takes effect unless the vehicle complies with the standard and is covered by a certification issued under 49 U.S.C. 30115. Except with regard to vehicles not manufactured to comply with the FMVSSs but later imported, the prohibition of section 30112(a) does not apply to the sale of a motor vehicle after the first purchase of the vehicle in good faith other than for resale. The FMVSSs generally apply to the manufacture and sale of new vehicles, as distinguished from used vehicles. In general, NHTSA's enforcement of the FMVSSs is based on compliance testing of samples of new products conducted using the test procedures set forth in the relevant safety standard. However, manufacturers certifying compliance with FMVSSs are not required to follow exactly the compliance test procedures set forth in the applicable standard. Manufacturers are required to exercise reasonable care to assure compliance in making their certifications. 49 U.S.C. 30115(a). It may be simplest and is best for a manufacturer to establish that it exercised reasonable care if it has strictly followed NHTSA's test procedures. However, NHTSA has recognized that reasonable care might also be shown using modified procedures if the manufacturer could demonstrate that the modifications were not likely to have had a significant impact on test results. In addition, reasonable care might be shown using engineering analyses or computer simulations. FMVSS No. 206, *Door Locks and Door Retention Components* contains a number of requirements. One is the inertia load requirement. S4.1.1.3 *Inertia Load,* provides: The door latch shall not disengage from the fully latched position when a longitudinal or transverse inertia load of 30g is applied to the door latch system (including the latch and its actuating mechanism with the locking mechanism disengaged). The accompanying compliance provision states: S5.1.1.2. *Inertia Load.* Compliance with S4.1.1.3 shall be demonstrated by approved tests or in accordance with paragraph 6 of Society of Automotive Engineers Recommended Practice J839, *Passenger Car Side Door Latch Systems,* June 1991. SAE-J839 paragraph 6 specifies a 30g-based calculation. Apart from the SAE calculation, the only NHTSA-approved test 2 for compliance with the transverse inertia load requirement of FMVSS No. 206 at the time the vehicles were produced was the 1967 General Motors Corporation
(GM)dynamic pulse test. There, GM developed a side impact pulse in light of the 30g Federal requirement. GM used research on side impacts conducted by D. Severy in 1960 as well as some GM test data. Using the Severy and GM data, GM developed a characteristic pulse shape with a maximum value exceeding 30g and a duration from GM data. This pulse was duplicated on a sled by altering the variables of pin shape and air pressure. In a sled test using this pulse, on-board, high speed movie cameras monitoring the latch determine that unlatching does not occur. 2 U.S. DOT Federal Highway Administration, National Highway Safety Bureau Letter Dated 12/22/1967, *http://isearch.nhtsa.gov/gm/67/nht67-1.26.html.* Ford certified the subject vehicles to the inertia load requirements of FMVSS No. 206 by using the SAE-J839 calculation. According to the petition, Ford thereafter determined that compliance (to the transverse inertia load requirement) could be demonstrated by using a modified version of the 1967 GM Dynamic Pulse Test Method; Ford used a computer-simulated program that relied upon the 1960 Severy acceleration pulse. If NHTSA were to grant the Motley Rice petition, the agency would proceed to conduct a compliance investigation that might or might not result in an order to Ford under 49 U.S.C. 30118(b). In deciding whether to open a compliance or defect investigation, NHTSA considers, among other factors, allocation of agency resources, agency priorities, and the likelihood of success in litigation that might arise from an order the agency may issue. 49 CFR 552.8. *See Center for Auto Safety* v. *Dole,* 846 F.2d 1532, 1535 (D.C. Cir. 1988). In this case, as discussed in further detail below, Ford has a simulation purporting to show compliance using the approved GM test. To evaluate the compliance of the subject vehicles with FMVSS No. 206's transverse inertia load requirements based on the approved 1967 GM dynamic pulse test, NHTSA likely would test the vehicles using the approved GM test. However, the agency does not have an in-house test procedure for the 1967 GM dynamic pulse test and we likely would develop one to evaluate the latch on the subject vehicles. This effort would be time consuming, likely would involve some trials and subsequent refinements (and therefore would be expensive), and would be of no broad-based benefit to the agency. Assuming that NHTSA were to undertake testing, there would be significant practical difficulties. The subject vehicles were sold to their first purchasers about eight or more years ago. Programmatically, NHTSA has tested new, rather than used, vehicles for compliance with FMVSSs because NHTSA's burden would be to demonstrate that the vehicle did not comply at the time of sale or offer for sale. It is extremely unlikely that new vehicles for the model years in question could be obtained. In view of these limiting circumstances, NHTSA could consider expending some of its limited funds to have a test vehicle or vehicle subassembly containing a new latch system assembly identical to the original Ford latch assembly manufactured. The specifics of the test assembly would have to be developed in conjunction with the development of the test procedure. Such an approach would be novel and might be challenged on various grounds, including whether testing was permissible and whether the test assembly replicated or was representative of latches in the subject vehicles. Even if NHTSA decided to invest considerable resources and time in such an investigation, the agency could issue an order finding noncompliance only after giving Ford an opportunity for an administrative hearing, and the agency would have the burden of substantiating such an order in a *de novo* proceeding in Federal court. In any such proceeding, Ford likely would present its simulation analysis that used commercially available dynamic analysis software, Working Model TM . Ford's Working Model TM simulation was detailed and based on the dimensional specifications of the components. The acceleration pulse used in the simulation analysis was based on the NHTSA approved GM dynamic pulse test for certification to the transverse inertia load requirements of FMVSS No. 206. The simulation analysis methodology also included conservative measures where spring forces and part masses were set to levels, based either on design or measured values, that would provide the least contribution to maintaining a latched position. The effects of friction were also eliminated since those forces would improve latch performance by tending to resist unlatching. Based on our preliminary review, NHTSA would be very unlikely to develop sufficient evidence to overcome the simulation analysis conducted by Ford. Even if NHTSA were somehow to prevail in making such a case, by the time such an order were upheld few if any of the subject vehicles would be within the 10-year age limit for a free remedy under 49 U.S.C. 30120(g). We have also considered safety issues presented by the latches in our testing and in our database. Our review of available New Car Assessment Program
(NCAP)vehicle side impact test data included results for the MY 1999 Ford F150, and MY 2000 Ford F150 extended cab. Each vehicle tested yielded the highest government safety rating of 5-Stars for side impact protection and none of the results from these tests indicated that door unlatching occurred. Lastly, our review of consumer complaints filed with NHTSA for the model year motor vehicles identified in the subject petition yielded only two cases potentially related to inertia door opening, one of which involved a severe 50 mph rollover crash. Given the three million-plus sales volume for the subject vehicles, the number of years of exposure already experienced by these vehicles, and the low number of alleged incidents reported to the agency, it does not appear that these vehicles are experiencing performance issues in the field. In view of the available safety-related information that does not indicate the existence of a safety problem, the plausible position taken by Ford with regard to the vehicle's compliance, the substantial resources that would be required to address this matter in detail, and the agency's need to allocate its resources carefully to address issues involving appreciable safety risks, NHTSA has concluded that no further action is warranted. Therefore, the petition is denied. Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.50 and 501.8. Issued on: May 29, 2008. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E8-12546 Filed 6-4-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [NHTSA Docket No. NHTSA-2008-0109] Meeting Notice—Federal Interagency Committee on Emergency Medical Services AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Meeting Notice—Federal Interagency Committee on Emergency Medical Services. SUMMARY: NHTSA announces a meeting of the Federal Interagency Committee on Emergency Medical Services to be held in Washington, DC. This notice announces the date, time and location of the meeting, which will be open to the public. DATES: The meeting will be held on June 23, 2008, from 10 a.m. to 12 Noon. ADDRESSES: The meeting will be held at the Department of Homeland Security (DHS), Office of Health Affairs, 1120 Vermont Avenue, NW., 4th Floor-Conference Room #1, Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, Office of Emergency Medical Services, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., NTI-140, Washington, DC 20590; Telephone number
(202)366-9966; E-mail *Drew.Dawson@dot.gov.* SUPPLEMENTARY INFORMATION: Section 10202 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA-LU), Public Law 109-59, provided that the FICEMS consist of several officials from Federal agencies as well as a State emergency medical services director appointed by the Secretary of Transportation. SAFETEA-LU directed the Administrator of NHTSA, in cooperation with the Administrator of the Health Resources and Services Administration of the Department of Health and Human Services and the Director of the Preparedness Division, Directorate of Emergency Preparedness and Response of the Department of Homeland Security, to provide administrative support to the Interagency Committee, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports. This meeting of the FICEMS will focus on addressing the requirements of SAFETEA-LU and the opportunities for collaboration among the key Federal agencies involved in emergency medical services. The agenda will include: • Consideration of the FICEMS Technical Working Group report and recommendations • Evidence-based Practice Guidelines Process Conference • Report to Congress discussion • Briefing on and discussion of the National EMS Information System (NEMSIS) • Reports, updates, recommendations from FICEMS members • Report from the National EMS Advisory Council This meeting will be open to the public. Individuals wishing to register must provide their name, affiliation, phone number, and e-mail address to Drew Dawson by e-mail at *Drew.Dawson@dot.gov* or by telephone at
(202)366-9966 no later than June 18, 2008. Pre-registration is necessary to comply with security procedures. Picture I.D. must also be provided to enter the DHS Building and it is suggested that visitors arrive 45 minutes early in order to facilitate entry. Minutes of the FICEMS Meeting will be available to the public online through the DOT Document Management System
(DMS)at: *http://www.regulations.gov* under the docket number listed at the beginning of this notice. Issued on: June 2, 2008. Jeffrey P. Michael, Acting Associate Administrator for Research & Program Development. [FR Doc. E8-12607 Filed 6-4-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2008-0103; Notice 1] Chrysler, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance Chrysler, LLC (Chrysler) has determined that certain vehicles that it manufactured during the period of March 14, 2006 through March 20, 2008, do not fully comply with paragraph S4.3 of 49 CFR 571.110 (Federal Motor Vehicle Safety Standard (FMVSS) No. 110 *Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 Pounds) or Less).* Chrysler has filed an appropriate report pursuant to 49 CFR Part 573, *Defect and Noncompliance Responsibility and Reports.* Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Chrysler has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Chrysler's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are approximately 1,886 model year 2007-2008 Jeep Wrangler right-hand drive
(RHD)multipurpose passenger vehicles (MPV). Paragraphs S4.3 of 49 CFR 571.110 requires in pertinent part that: S4.3 Placard. Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3
(a)through (g), and may show, at the manufacturer's option, the information specified in S4.3
(h)and (i), on a placard permanently affixed to the driver's side B-pillar. In each vehicle without a driver's side B-pillar and with two doors on the driver's side of the vehicle opening in opposite directions, the placard shall be affixed on the forward edge of the rear side door. If the above locations do not permit the affixing of a placard that is legible, visible and prominent, the placard shall be permanently affixed to the rear edge of the driver's side door. If this location does not permit the affixing of a placard that is legible, visible and prominent, the placard shall be affixed to the inward facing surface of the vehicle next to the driver's seating position. This information shall be in the English language and conform in color and format, not including the border surrounding the entire placard, as shown in the example set forth in Figure 1 in this standard. At the manufacturer's option, the information specified in S4.3 (c), (d), and, as appropriate,
(h)and
(i)may be shown, alternatively to being shown on the placard, on a tire inflation pressure label which must conform in color and format, not including the border surrounding the entire label, as shown in the example set forth in Figure 2 in this standard. The label shall be permanently affixed and proximate to the placard required by this paragraph. The information specified in S4.3
(e)shall be shown on both the vehicle placard and on the tire inflation pressure label (if such a label is affixed to provide the information specified in S4.3 (c), (d), and, as appropriate,
(h)and (i)) may be shown in the format and color scheme set forth in Figures 1 and 2. Chrysler stated that the noncompliance is that the required placard was installed on the passenger's side (left side) door on each of the subject RHD vehicles, not on the driver's side (right side) door or B-pillar as required by FMVSS No. 110. Chrysler explains that the subject vehicles were sold primarily for use by rural postal carriers, since RHD makes it easier for the carriers to access mailboxes located along the right side of the roadway. The relevant portion of S4.3 of FMVSS No. 110, entitled “Placard,” provides as follows: “Each vehicle, except for a trailer or incomplete vehicle, shall show the information specified in S4.3(a) through
(g)* * * on a placard permanently affixed to the driver's side B-pillar. In each vehicle without a driver's side B-pillar and with two doors on the driver's side of the vehicle opening in opposite directions, the placard shall be affixed on the forward edge of the rear side door. If the above locations do not permit the affixing of a placard that is legible, visible and prominent, the placard shall be permanently affixed to the rear edge of the driver's side door.” Chrysler further explained that the subject vehicles have placards that contain all of the tire and vehicle loading information required by the various subsections of S4.3. However, because of an inadvertent failure of the assembly plant work instructions to differentiate between RHD and left hand drive
(LHD)vehicles in this respect, the placards were inadvertently affixed to the rear edge of the door on the left (passenger) side of the subject vehicles, as opposed to the driver's side door. (Chrysler notes that the subject vehicles do not have a B-pillar with a flat surface that would permit the affixing of a placard that is “legible, visible, and prominent.”) Chrysler states its belief that the fact that the placard required by paragraph S4.3 of the standard was affixed to the left hand door of these RHD vehicles—as opposed to the driver's side door—creates absolutely no risk to motor vehicle safety. All of the relevant tire and loading information is set forth on the placard, and therefore it is readily available to vehicle operators. Moreover, the placard is located at the place where United States drivers are used to looking for it. Chrysler also states its belief that the operators of the subject vehicles will have almost certainly owned and driven conventional LHD vehicles, so they will have had experience in locating the tire and load information on the left side of their vehicles. And in the extremely unlikely event that an owner has difficulty locating the placard, the owner's manual provided with the subject vehicles shows the location of the placard on the left side door. Chrysler also makes reference to several previous NHTSA inconsequential noncompliance decisions that in its opinion are similar to the instant one. Chrysler also notes that it has not received any consumer complaints regarding an inability to locate the placard or an unawareness of the relevant tire and loading information. In addition, Chrysler states that it has corrected the problem that caused these errors so that they will not be repeated in future production and that it believes that because the noncompliance is inconsequential to motor vehicle safety that no corrective action is warranted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. *By mail addressed to:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. *By hand delivery to:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. c. *Electronically:* by logging onto the Federal Docket Management System
(FDMS)website at *http://www.regulations.gov/.* Follow the online instructions for submitting comments. Comments may also be faxed to 1-202-493-2251. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. Please note that we are allowing just 10 days for comment in order to expedite resolution of this matter. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the **Federal Register** pursuant to the authority indicated below. *Comment closing date:* June 16, 2008. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: May 29, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8-12548 Filed 6-4-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket ID PHMSA-RSPA-2004-19854] Pipeline Safety: Installation of Excess Flow Valves into Gas Service Lines AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice; Issuance of Advisory Bulletin. SUMMARY: This document advises operators of gas distribution pipeline systems of a statutory requirement for installation of excess flow valves in certain gas service lines. FOR FURTHER INFORMATION CONTACT: Mike Israni by phone at
(202)366-4571 or by e-mail at *mike.israni@dot.gov* . SUPPLEMENTARY INFORMATION: I. Background The Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006 (Pub. L. 109-468) addresses the installation of excess flow valves
(EFV)in certain gas service lines. An EFV is a safety device that can terminate flow of gas through a pipeline when the flow rate exceeds its design level, such as when the pipe ruptures or is broken (e.g., by excavation damage) downstream of the valve. A service line is a small-diameter pipeline that carries gas from a distribution main (often located below city streets) to individual residences and businesses where gas is used. Thus, EFVs can protect individual gas customer properties from the consequences of a break in the service line associated with their property. Section 9 of the PIPES Act directs PHMSA to require operators of natural gas distribution systems to install EFVs in selected service lines that are installed or entirely replaced after June 1, 2008. The requirement applies to those service lines that operate continuously throughout the year at a pressure not less than 10 pounds per square inch (psi), that are not connected to a gas stream with respect to which the operator has had prior experience of contaminants that could interfere with operation of an EFV, where the installation of an EFV is not likely to result in a loss of service or interference with required maintenance actions, and where a valve of appropriate size and performance is commercially available. The PIPES Act directs PHMSA to include this requirement in a regulation requiring that distribution pipeline system operators establish integrity management programs. PHMSA is still working on its proposed regulation addressing distribution integrity management programs (DIMP). That regulation is complex and has taken longer than anticipated to develop. As a result, the regulation will not be in place before the June 1, 2008, deadline specified in the Act for installation of EFVs on the affected service lines. Nevertheless, gas distribution pipeline operators should be aware of the statutory requirement and are encouraged to install EFVs on service lines that are newly installed or completely replaced after June 1, 2008, and that meet the criteria specified in the PIPES Act. II. Advisory Bulletin (ADB-08-04) *To:* Operators of Gas Distribution Pipelines. *Subject:* Installation of Excess Flow Valves into Gas Service Lines. *Purpose:* To advise gas distribution pipeline operators of a statutory requirement to install excess flow valves in selected gas service lines. *Advisory:* The Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006 (Pub. L. 109-468) mandates that PHMSA require operators of natural gas distribution systems to install excess flow valves
(EFV)on certain gas service lines. The statute directs that installation of EFVs will be required on single family residence service lines: • That are installed or entirely replaced after June 1, 2008; • That operate continuously throughout the year at a pressure not less than 10 psi gauge; • That are not connected to a gas stream with respect to which the operator has had prior experience with contaminants the presence of which could interfere with the operation of an EFV, and • For which an excess flow valve meeting the performance standards of 49 CFR 192.381 is commercially available. The PIPES Act directs the Pipeline and Hazardous Materials Safety Administration (PHMSA) to include this requirement in a regulation addressing distribution integrity management programs (DIMP). PHMSA is working on its DIMP regulation and expects a proposed rule to be published shortly. PHMSA intends to analyze public comments and prepare a final rule in an expeditious manner. It is apparent, however, that the final rule cannot be in place before the June 1, 2008, deadline for EFV installation that is in the Act. PHMSA encourages all gas distribution pipeline operators to take actions to ensure that EFVs are installed on the appropriate service lines that are installed or completely replaced after June 1, 2008. Issued in Washington, DC, on May 30, 2008. William H. Gute, Deputy Associate Administrator for Pipeline Safety. [FR Doc. E8-12566 Filed 6-4-08; 8:45 am] BILLING CODE 4910-60-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35143] R.J. Corman Railroad Company/Pennsylvania Lines Inc.—Acquisition and Operation Exemption—Line of Norfolk Southern Railway Company R.J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire by purchase from Norfolk Southern Railway Company
(NS)1 a rail line extending between milepost 64.5 near Winburne, PA, and milepost 45.5 near Gillintown, PA, a distance of approximately 19 miles in Clearfield and Centre Counties, PA (the Snow Shoe Industrial Track). 2 1 NS succeeded to Consolidated Rail Corporation's (Conrail) ownership of the subject line as a result of the merger proceeding in *CSX Corp. et al.—Control—Conrail Inc. et al.* , 3 S.T.B. 196 (1998). 2 This proceeding also is related to STB Finance Docket No. 35116, *R.J. Corman Railroad Company/Pennsylvania Lines Inc.—Construction and Operation Exemption—in Clearfield County, PA,* in which RJCP seeks an exemption to construct and to operate over approximately 10.8 miles of abandoned Conrail right-of-way from Wallaceton Junction, at Conrail milepost 11.76, to Winburne, at milepost 64.5 (Conrail milepost 22.56), (the Western Segment), and to rebuild the track on a rail banked 9.3-mile portion of the Snow Shoe Industrial Track between milepost 64.5 near Winburne and milepost 55.2 near Gorton, PA (the Eastern Segment). RJCP takes the position that it does not need Board authority for construction with respect to the rail banked Eastern Segment and has filed a motion to dismiss that part of the construction petition for exemption that pertains to the Eastern Segment. The Western Segment connects at Wallaceton Junction with RJCP's existing rail line. Together, the Eastern and Western Segments would be operated by RJCP as the Beech Creek Branch Line. RJCP intends to operate rail service over the Eastern Segment. 3 3 A Certificate of Interim Trail Use or Abandonment
(CITU)was issued for the entire 19 miles of the Snow Shoe Industrial Track in *Conrail Abandonment of the Snow Shoe Industrial Track in Centre and Clearfield Counties, PA,* Docket No. AB-167 (Sub-No. 1004N) (ICC served Nov. 5, 1993) and remains in place. The Headwaters Charitable Trust
(HCT)has been using the rail banked right-of-way as a recreational trail on an interim basis. RJCP has concurrently filed a petition in STB Docket No. AB-167 (Sub-No. 1004N), seeking vacation of the CITU with respect to the Eastern Segment. With respect to the remaining portion of the Snow Shoe Industrial track, from milepost 55.2 to milepost 45.5, RJCP states that it intends to maintain the agreement with HCT to allow continued recreational trail use. Based on projected revenues for the line being acquired, RJCP expects to remain a Class III rail carrier after consummation of the proposed transaction. RJCP certifies that its projected annual revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. Because the projected annual revenues of the lines, together with RJCP's projected annual revenue, will exceed $5 million, RJCP is required, at least 60 days before an exemption is to become effective, to send notice of the transaction to the national and local offices of the labor unions with employees on the affected lines and post a copy of the notice at the workplace of the employees on the affected lines and certify to the Board that it has done so. 49 CFR 1150.42(e). However, RJCP has noted that there are no affected employees as there is no current rail line. Therefore, RJCP has filed for a waiver from the requirements of 49 CFR 1150.42(e). RJCP states in the waiver request that the track materials on the line have been removed, no rail operations have been conducted for at least 15 years, and no railroad workers have been employed on the line for at least the same period of time. RJCP's waiver request will be handled in a subsequent decision. The Board will establish in the decision on the waiver request the earliest this transaction may be consummated. RJCP states that it intends to consummate the transaction only following approval of RJCP's petition for exemption in STB Finance Docket No. 35116. If the notice contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Petitions for stay must be filed no later than 7 days before the exemption becomes effective. Pursuant to the Consolidated Appropriations Act, 2008, Public Law 110-161 section 193, 121 Stat. 1844 (2007), nothing in this decision authorizes the following activities at any solid waste rail transfer facility: collecting, storing, or transferring solid waste outside of its original shipping container; or separating or processing solid waste (including baling, crushing, compacting, and shredding). The term “solid waste” is defined in section 1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35143, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Ronald A. Lane, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: May 30, 2008. By the Board, David M. Konschnik, Director, Office of Proceedings. Anne K. Quinlan, Acting Secretary. [FR Doc. E8-12584 Filed 6-4-08; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics [RITA 2007-27185 Paperwork Reduction Notice] Research and Innovative Technology Administration; Agency Information Collection; Activity Under OMB Review; Report of Traffic and Capacity Statistics—The T-100 System AGENCY: Research and Innovative Technology Administration (RITA), Bureau of Transportation Statistics (BTS), DOT. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of DOT requiring U.S. and foreign air carriers to file traffic and capacity data pursuant to 14 CFR 241.19 and Part 217, respectively. These reports are used to measure air transportation activity to, from, and within the United States. DATES: Written comments should be submitted by August 4, 2008. ADDRESSES: You may submit comments identified by DOT Docket ID Number RITA 2007-27185 by any of the following methods: *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. *Fax:* 202-493-2251. *Instructions:* Identify docket number, RITA 2007-27185, at the beginning of your comments, and send two copies. To receive confirmation that DOT received your comments, include a self-addressed stamped postcard. Internet users may access all comments received by DOT at *http://www.regulations.gov.* All comments are posted electronically without change or edits, including any personal information provided. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov.* *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov.* or the street address listed above. Follow the online instructions for accessing the dockets. Electronic Access An electronic copy of this rule, a copy of the notice of proposed rulemaking, and copies of the comments may be downloaded at *http://www.regulations.gov* , by searching docket RITA 3 2007-27185. FOR FURTHER INFORMATION CONTACT: Mr. Bernard Stankus, Office of Airline Information, RTS-42, Bureau of Transportation Statistics, Research and Innovative Technology Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, Telephone Number
(202)366-4387, Fax Number
(202)366-3383 or E-mail *bernard.stankus@dot.gov.* SUPPLEMENTARY INFORMATION: *OMB Approval No.* 2138-0040. *Title:* Report of Traffic and Capacity Statistics—The T-100 System. *Form No.:* Schedules T-100 and T-100(f). *Type of Review:* Extension of a currently approved collection. *Respondents:* Certificated, Commuter and Foreign air carriers that operate to, from or within the United States. *Number of Respondents:* 250. *Total Burden Per Response:* 6 hours. *Total Annual Burden:* 18,000 hours. *Needs and Uses:* Airport Improvement The Federal Aviation Administration uses enplanement data for U.S. airports to distribute the annual Airport Improvement Program
(AIP)entitlement funds to eligible primary airports, i.e., airports which account for more than 0.01 percent of the total passengers enplaned at U.S. airports. Enplanement data contained in Schedule T-100/T-100(f) are the sole data base used by the FAA in determining airport funding. U.S. airports receiving significant service from foreign air carriers operating small aircraft could be receiving less than their fair share of AIP entitlement funds. Collecting Schedule T-100(f) data for small aircraft operations will enable the FAA to more fairly distribute these funds. Air Carrier Safety The FAA uses traffic, operational and capacity data as important safety indicators and to prepare the air carrier traffic and operation forecasts that are used in developing its budget and staffing plans, facility and equipment funding levels, and environmental impact and policy studies. The FAA monitors changes in the number of air carrier operations as a way to allocate inspection resources and in making decisions as to increased safety surveillance. Similarly, airport activity statistics are used by the FAA to develop airport profiles and establish priorities for airport inspections. Acquisitions and Mergers While the Justice Department has the primary responsibility over air carrier acquisitions and mergers, the Department reviews the transfer of international routes involved to determine if they would substantially reduce competition, or determine if the transaction would be inconsistent with the public interest. In making these determinations, the proposed transaction's effect on competition in the markets served by the affected air carriers is analyzed. This analysis includes, among other things, a consideration of the volume of traffic and available capacity, the flight segments and origins-destinations involved, and the existence of entry barriers, such as limited airport slots or gate capacity. Also included is a review of the volume of traffic handled by each air carrier at specific airports and in specific markets which would be affected by the proposed acquisition or merger. The Justice Department uses T-100 data in carrying out its responsibilities relating to airline competition and consolidation. Recently, the House and Senate Subcommittees on Aviation have reviewed market data in assessing possible mergers between major airlines. Traffic Forecasting The FAA uses traffic, operational and capacity data as important safety indicators and to prepare the air carrier traffic and operation forecasts. These forecasts are used by the FAA, airport managers, the airlines and others in the air travel industry as planning and budgeting tools. Airport Capacity Analysis The mix of aircraft type are used in determining the practical annual capacity (PANCAP) at airports as prescribed in the FAA Advisory Circular *Airport Capacity Criteria Used in Preparing the National Airport Plan.* The PANCAP is a safety-related measure of the annual airport capacity or level of operations. It is a predictive measure which indicates potential capacity problems, delays, and possible airport expansions or runway construction needs. If the level of operations at an airport exceeds PANCAP significantly, the frequency and length of delays will increase, with a potential concurrent risk of accidents. Under this program, the FAA develops ways of increasing airport capacity at congested airports. Airline Industry Status Evaluations The Department apprises Congress, the Administration and others of the effect major changes or innovations are having on the air transportation industry. For this purpose, summary traffic and capacity data as well as the detailed segment and market data are essential. These data must be timely and inclusive to be relevant for analyzing emerging issues and must be based upon 6 uniform and reliable data submissions that are consistent with the Department's regulatory requirements. Mail Rates The Department is responsible for establishing international and intra-Alaska mail rates. International mail rates are set based on scheduled operations in four geographic areas: Trans-border, Latin America, operations over the Atlantic Ocean and operations over the Pacific Ocean. Separate rates are set for mainline and bush Alaskan operations. The rates are updated every six months to reflect changes in unit costs in each rate-making entity. Traffic and capacity data are used in conjunction with cost data to develop the required unit cost data. Essential Air Service The Department reassesses service levels at small domestic communities to assure that capacity levels are adequate to accommodate current demand. System Planning at Airports The FAA is charged with administering a series of grants that are designed to accomplish the necessary airport planning for future development and growth. These grants are made to state metropolitan and regional aviation authorities to fund needed airport systems planning work. Individual airport activity statistics, nonstop market data, and service segment data are used to prepare airport activity level forecasts. Review of IATA Agreements The Department reviews all of the International Air Transport Association
(IATA)agreements that relate to fares, rates, and rules for international air transportation to ensure that the agreements meet the public interest criteria. Current and historic summary traffic and capacity data, such as revenue ton-miles and available ton-miles, by aircraft type, type of service, and length of haul are needed to conduct these analyses to:
(1)Develop the volume elements for passenger/cargo cost allocations,
(2)evaluate fluctuations in volume of scheduled and charter services,
(3)assess the competitive impact of different operations such as charter versus scheduled,
(4)calculate load factors by aircraft type, and
(5)monitor traffic in specific markets. Foreign Air Carriers Applications Foreign air carriers are required to submit applications for authority to operate to the United States. In reviewing these applications the Department must find that the requested authority is encompassed in a bilateral agreement, other intergovernmental understanding, or that granting the application is in the public interest. In the latter cases, T-100 data are used in assessing the level of benefits that carriers of the applicant's homeland presently are receiving from their U.S. operations. These benefits are compared and balanced against the benefits U.S. carriers receive from their operations to the applicant's homeland. Air Carrier Fitness The Department determines whether U.S. air carriers are and continue to be fit, willing and able to conduct air service operations without undue risk to passengers and shippers. The Department monitors a carrier's load factor, operational, and enplanement data to compare with other carriers with similar operating characteristics. Carriers that expand operations at a high rate are monitored more closely for safety reasons. International Civil Aviation Organization Pursuant to an international agreement, the United States is obligated to report certain air carrier data to the International Civil Aviation Organization (ICAO). The traffic data supplied to ICAO are extracted from the U.S. air carriers' Schedule T-100 submissions. The Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to clearly identify information it collects for non-statistical purposes. BTS hereby notifies the respondents and the public that BTS uses the information it collects under this OMB approval for non-statistical purposes including, but not limited to, publication of both Respondent's identity and its data, submission of the information to agencies outside BTS for review, analysis and possible use in regulatory and other administrative matters. Issued in Washington, DC, on May 28, 2008. Marianne Seguin, Acting Assistant Deputy Director, Airline Information, Bureau of Transportation Statistics. [FR Doc. E8-12604 Filed 6-4-08; 8:45 am] BILLING CODE 4910-HY-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Revenue Procedure 2005-26 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Revenue Procedure 2005-26, Revenue Procedure Regarding Extended Period of Limitation for Listed Transaction Situations. DATES: Written comments should be received on or before August 4, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Allan Hopkins at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Revenue Procedure Regarding Extended Period of Limitations for Listed Transaction Situations. *OMB Number:* 1545-1940. *Revenue Procedure Number:* Revenue Procedure 2005-26. *Abstract:* This revenue procedure provides procedures that taxpayers and material advisors may use to disclose a listed transaction that the taxpayer previously failed to disclose. *Current Actions:* There are no changes being made to the revenue procedure at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households and business or other for-profit institutions. *Estimated Number of Respondents:* 859. *Estimated Time per Respondent:* 5 hours. *Estimated Total Annual Burden Hours:* 430. The following paragraph applies to all the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information 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 information. Approved: May 23, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-12547 Filed 6-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 637 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 637, Application for Registration (For Certain Excise Tax Activities). DATES: Written comments should be received on or before August 4, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Application for Registration (For Certain Excise Tax Activities). *OMB Number:* 1545-0014. *Form Number:* Form 637. *Abstract:* Form 637 is used to apply for excise tax registration. The registration applies to a person required to be registered under Revenue code section 4101 for purposes of the federal excise tax on taxable fuel imposed under Code sections 4041 and 4071; and to certain manufacturers or sellers and purchasers that must register under Code section 4222 to be exempt from the excise tax on taxable articles. The data is used to determine if the applicant qualifies for the exemption. Taxable fuel producers are required by Code section 4101 to register with the Service before incurring any tax liability. *Current Actions:* There are no changes being made to the form at this time. Line items, attachments, and code references were recounted, however, to more accurately show burden. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations, and not-for-profit institutions, and farms. *Estimated Number of Respondents:* 2,000. *Estimated Time per Respondent:* 13 hr., 31 min. *Estimated Total Annual Burden Hours:* 27,020. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information 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 information. Approved: May 27, 2008. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E8-12549 Filed 6-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Notice 2005-41 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Notice 2005-41, Guidance Regarding Qualified Intellectual Property Contributions. DATES: Written comments should be received on or before August 4, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of notice should be directed to Allan Hopkins at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the internet, at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Guidance Regarding Qualified Intellectual Property Contributions. *OMB Number:* 1545-1937. *Notice Number:* Notice 2005-41. *Abstract:* Notice 2005-41 explains new rules governing charitable contributions of intellectual property made after June 3, 2004. The notice explains the method by which a donor of qualified intellectual property may notify the donee that the donor intends to treat the contribution as a qualified donation under section 170(m). Donors of qualified intellectual property will use the required notification as evidence that they have satisfied the section 170(m) notification requirement. *Current Actions:* There are no changes being made to the notice at this time. *Type of Review:* This is a new collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 30. *Estimated Average Time per Respondent:* 1 hour. *Estimated Total Annual Burden Hours:* 30. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information 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 information. Approved: May 23, 2008. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-12550 Filed 6-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8697 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8697, Interest Computation Under the Look-Back Method for Completed Long-Term Contracts. DATES: Written comments should be received on or before August 4, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins at Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Interest Computation Under the Look-Back Method for Completed Long-Term Contracts. *OMB Number:* 1545-1031. *Form Number:* Form 8697. *Abstract:* Taxpayers who are required to account for all or part of any long-term contract entered into after February 28, 1986, under the percentage of completion method must use Form 8697 to compute and report interest due or to be refunded under Internal Revenue Code section 460(b)(3). The IRS uses Form 8697 to determine if the interest has been figured correctly. *Current Actions:* There are no changes being made to the Form 8697 at this time. The number of revenue code references has been recounted. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations and individuals. *Estimated Number of Respondents:* 3,333. *Estimated Time per Respondent:* 12 hrs, 10 minutes. *Estimated Total Annual Burden Hours:* 40,557. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information 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 information. Approved: May 23, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-12552 Filed 6-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 12884 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 12884, Survey Questionnaire. DATES: Written comments should be received on or before August 4, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the forms and instructions should be directed to Allan Hopkins at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the internet, at *Allan.M.Hopkins@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Survey Questionnaire. *OMB Number:* 1545-1922. *Form Number:* Form 12884. *Abstract:* This form will be completed by applicants to collect statistical data regarding advertising media and to collect RNO information that is recorded in the TIMIS database for EEO statistics and reporting. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved submission. *Affected Public:* Individuals and households and Federal Government. *Estimated Number of Respondents:* 33,085. *Estimated Time per Respondent:* 5 minutes. *Estimated Total Annual Burden Hours:* 2,757. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information 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 information. Approved: May 20, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-12553 Filed 6-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 1099-DIV AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1099-DIV, Dividends and Distributions. DATES: Written comments should be received on or before August 4, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the internet at *Allan.M.Hopkins@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Dividends and Distributions. *OMB Number:* 1545-0110. *Form Number:* 1099-DIV. *Abstract:* Form 1099-DIV is used by the IRS to insure that dividends are properly reported as required by Internal Revenue Code section 6042, that liquidation distributions are correctly reported as required by Code section 6043, and to determine whether payees are correctly reporting their income. *Current Actions:* There are no changes being made to the form at this time. We did, however make a correction to the previous burden to properly reflect the latest filing figures that were not accounted for in the previous submission. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Responses:* 111,922,150. *Estimated Time per Response:* 18 minutes. *Estimated Total Annual Burden Hours:* 34,695,867. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information 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 information. Approved: May 14, 2008. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E8-12555 Filed 6-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 12854 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 12854, Prior Government Service Information. DATES: Written comments should be received on or before August 4, 2008 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the forms and instructions should be directed to Allan Hopkins at
(202)622-6665, or at Internal Revenue Service, room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the internet, at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Prior Government Service Information. *OMB Number:* 1545-1919. *Form Number:* Form 12854. *Abstract:* Form 12854 is used to record prior government service, annuitant information and to advise on probationary periods. *Current Actions:* There are currently no changes to this form. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 24,813. *Estimated Time per Respondent:* 15 minutes. *Estimated Total Annual Burden Hours:* 6,203. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information 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 information. Approved: May 27, 2008. Allan Hopkins, IRS Reports Clearance Officer. [FR Doc. E8-12556 Filed 6-4-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Low Income Taxpayer Clinic Grant Program; Availability of 2009 Grant Application Package AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice. SUMMARY: This document contains a Notice that the IRS has made available the grant application package and guidelines (Publication 3319) for organizations interested in applying for a Low Income Taxpayer Clinic
(LITC)matching grant for the 2009 grant cycle (the 2009 grant cycle runs January 1, 2009, through December 31, 2009). The application period shall run from May 27, 2008, through July 7, 2008. The IRS will award a total of up to $6,000,000 (unless otherwise provided by specific Congressional appropriation) to qualifying organizations, subject to the limitations of Internal Revenue Code section 7526, for matching grants. A qualifying organization may receive a matching grant of up to $100,000 per year. Qualifying organizations that provide representation for free or for a nominal fee to low income taxpayers involved in tax controversies with the IRS or that provide education on taxpayer rights and responsibilities to taxpayers for whom English is a second language can apply for a grant for the 2009 grant cycle. Examples of qualifying organizations include:
(1)Clinical programs at accredited law, business or accounting schools, whose students represent low income taxpayers in tax controversies with the IRS, and
(2)organizations exempt from tax under I.R.C. § 501(a) which represent low income taxpayers in tax controversies with the IRS or refer those taxpayers to qualified representatives. DATES: Grant applications for the 2009 grant cycle must be electronically filed or postmarked by July 7, 2008. ADDRESSES: Send completed grant applications to: Internal Revenue Service, Taxpayer Advocate Service, LITC Grant Program Administration Office, TA:LITC, 1111 Constitution Avenue, NW., Room 1034, Washington, DC 20224. Copies of the *2009 Grant Application Package and Guidelines,* IRS Publication 3319 (Rev. 5-2008), can be downloaded from the IRS Internet site at *http://www.irs.gov/advocate* or ordered by the IRS Distribution Center by calling 1-800-829-3676. Applicants can also file electronically at *http://www.grants.gov.* For applicants applying through the Federal Grants Web site, the Funding Number is TREAS-GRANTS-052009-001. FOR FURTHER INFORMATION CONTACT: The LITC Program Office at
(202)622-4711 (not a toll-free number) or by e-mail at *LITCProgramOffice@irs.gov.* SUPPLEMENTARY INFORMATION: Background Section 7526 of the Internal Revenue Code authorizes the IRS, subject to the availability of appropriated funds, to award organizations matching grants of up to $100,000 per year for the development, expansion, or continuation of qualified low income taxpayer clinics. Section 7526 authorizes the IRS to provide grants to qualified organizations that represent low income taxpayers in controversies with the IRS or inform individuals for whom English is a second language of their taxpayer rights and responsibilities. The IRS may award grants to qualifying organizations to fund one-year, two-year or three-year project periods. Grant funds may be awarded for start-up expenditures incurred by new clinics during the grant cycle. The *2009 Grant Application Package and Guidelines,* Publication 3319 (Rev. 5-2008), outlines requirements for the operation of a qualifying LITC program and provides instructions on how to apply for a grant. The costs of preparing and submitting an application are the responsibility of each applicant. Each application will be given due consideration and the LITC Program Office will mail notification letters to each applicant. Selection Consideration Applications that pass the eligibility screening process will be numerically ranked based on the information contained in their proposed program plan. Please note that the IRS Volunteer Income Tax Assistance
(VITA)and Tax Counseling for the Elderly
(TCE)Programs are independently funded and separate from the LITC Program. Organizations currently participating in the VITA or TCE Programs may be eligible to apply for a LITC grant if they meet the criteria and qualifications outlined in the *2009 Grant Application Package and Guidelines,* Publication 3319 (Rev. 5-2008). Organizations that seek to operate VITA and LITC Programs, or TCE and LITC Programs, must maintain separate and distinct programs even if co-located to ensure proper cost allocation for LITC grant funds and adherence to the rules and regulations of the VITA, TCE and LITC Programs, as appropriate. Comments Interested parties are encouraged to provide comments on the IRS's administration of the grant program on an ongoing basis. Comments may be sent to Internal Revenue Service, Taxpayer Advocate Service, Attn: Shawn Collins, LITC Program Office, TA:LITC, 1111 Constitution Avenue, NW., Room 1034, Washington, DC 20224. Nina E. Olson, National Taxpayer Advocate, Internal Revenue Service. [FR Doc. 08-1318 Filed 6-2-08; 8:45am]
Connectionstraces to 29
Traces to 29 documents
CFR
- Transfer of licenses.§ 50.80
- Transfer of license.§ 72.50
- Generic determination regarding license amendments to reflect transfers.§ 2.1315
- Notice for public comment; State consultation.§ 50.91
- Hearing requests, petitions to intervene, requirements for standing, and contentions.§ 2.309
- Filing of documents.§ 2.302
- Written comments.§ 2.1305
- NMS security designation and definitions.§ 242.600
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
U.S. Code
- Open meetings§ 552b
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- National securities exchanges§ 78f
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Definitions and application§ 78c
- National system for clearance and settlement of securities transactions§ 78q–1
- Records maintained on individuals§ 552a
- Definitions§ 321
- Purposes§ 3501
- Purpose and policy§ 30101
- Notification of defects and noncompliance§ 30118
- Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment§ 30112
- Certification of compliance§ 30115
- Remedies for defects and noncompliance§ 30120
- Petitions by interested persons for standards and enforcement§ 30162
- Authority to exempt rail carrier transportation§ 10502
- Definitions§ 6903
- Federal agency responsibilities§ 3506
- Confidentiality and disclosure of returns and return information§ 6103
register
33 references not yet in our index
- 10 CFR 61
- 10 CFR 50
- 10 CFR 2
- 17 CFR 240.19
- 49 CFR 236.913(j)(1)
- 49 CFR 211.7
- 49 CFR 236
- 49 CFR 216.13
- 49 CFR 217.9
- 49 CFR 217.11
- 49 CFR 218
- 49 CFR 229.7
- 49 CFR 229.135
- 49 CFR 233.9
- 49 CFR 235.5
- 49 CFR 240.127
- 49 CFR 240.129
- 49 CFR 573
- 49 CFR 577
- 49 CFR 552.3
- 49 CFR 552.8
- 846 F.2d 1532
- Pub. L. 109-59
- 49 CFR 571.110
- 49 CFR 556
- Pub. L. 109-468
- 49 CFR 192.381
- 49 CFR 1150.41
- 49 CFR 1150.42(e)
- Pub. L. 110-161
- 121 Stat. 1844
- Pub. L. 104-13
- 14 CFR 241.19
Citation graph
cites case law
Notices
The NRC staff has issued Regulatory Issue Summary (RIS) 2008-12; Considerations for Extended Interim Storage of Low-Level Radioactive Waste by Fuel Cycle and Materials Licensees
F. App'x846 F.2d 1532
Cite10 CFR 61
Cite10 CFR 50
Cites 62 · showing 12Cited by 0 across 0 sources