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Code · REGISTER · 2008-06-06 · National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce · Rules and Regulations

Rules and Regulations. Notice of Availability of an amendment to a fishery management plan; request for comments

51,535 words·~234 min read·/register/2008/06/06/08-1331

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

BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648-AU28 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 14 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Availability of an amendment to a fishery management plan; request for comments. SUMMARY: The South Atlantic Fishery Management Council (Council) has submitted Amendment 14 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region
(FMP)for review, approval, and implementation by NMFS. The amendment would establish eight Type 2 marine protected areas
(MPAs)in which fishing for or possession of snapper-grouper species would be prohibited, but other types of legal fishing would be allowed. The MPAs would be located in the following areas: one off southern North Carolina, three off South Carolina, one off Georgia, and three off Florida, and range from 5 by 10 nautical miles to 22 by 23 nautical miles in area. Amendment 14 also proposes to prohibit the use of shark bottom longlines within the MPAs, however, NMFS is proposing to implement the prohibition of shark bottom longlines through separate rulemaking. If implemented, these measures are expected to enhance the optimum size, age and genetic structure of slow growing long-lived deepwater grouper species. DATES: Written comments will be accepted through August 5, 2008. ADDRESSES: You may submit comments, identified by 0648-AU28, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal *http://www.regulations.gov* . • Fax: 727-824-5308, Attn: Kate Michie. • Mail: Kate Michie, NMFS Southeast Regional Office, Sustainable Fisheries Division, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: All comments received are a part of the public record and will generally be posted to *http://www.regulations.gov* without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.Copies of Amendment 14 may be obtained from the South Atlantic Fishery Management Council, 4055 Faber Place, Suite 201, North Charleston, South Carolina 29405; phone: 843-571-4366 or toll free at 1-866-SAFMC-10; fax: 843-769-4520; e-mail: *safmc@safmc.net* . Amendment 14 includes a Final Environmental Impact Statement, a Biological Assessment, an Initial Regulatory Flexibility Analysis, a Regulatory Impact Review, and Social Impact Assessment/Fishery Impact Statement. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, South Atlantic Fishery Management Council; toll free 1-866-SAFMC-10 or 843-571-4366; *kim.iverson@safmc.net* . SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern Atlantic states is managed under the FMP. The FMP was prepared by the Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The Magnuson-Stevens Act requires a regional fishery management council to submit an amendment to a fishery management plan to NMFS for review, approval, disapproval, or partial approval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an amendment, publish a notice in the **Federal Register** stating that the amendment is available for public review and comments. Background Many snapper-grouper species are vulnerable to overfishing because they are long-lived (e.g., snowy grouper, golden tilefish, red snapper, gag, scamp, red grouper, and red porgy); they are protogynous, i.e., they may change sex from females to males as they grow older/larger (e.g., snowy grouper, speckled hind, Warsaw grouper, yellowedge grouper, gag, scamp, red porgy, and black sea bass); they form spawning aggregations (e.g., snowy grouper, gag, scamp, and red snapper); and they suffer high release mortality when taken from deep water. Deepwater snapper-grouper species (speckled hind, snowy grouper, Warsaw grouper, yellowedge grouper, misty grouper, golden tilefish, and blueline tilefish) are most vulnerable to overfishing because they live longer than 50 years, do not survive the trauma of capture, and are protogynous (groupers) or exhibit sexual dimorphism, i.e., males and females grow at different rates (tilefishes). Stock assessments indicate that black sea bass, red porgy, and snowy grouper are overfished, i.e., spawning stock biomass is not sufficient to reproduce and support continued productivity. In addition, black sea bass, golden tilefish, snowy grouper, and vermilion snapper are experiencing overfishing, i.e., the current rate of fishing mortality jeopardizes the capacity of the fishery to produce its maximum sustainable yield on a continuing basis. Reductions in catch and protection of habitat are needed. Proposed Measures This amendment and its implementing rule would establish eight MPAs in which a portion of the population and habitat of long-lived, slow growing, deepwater snapper-grouper species would be protected from directed fishing pressure. Fishing for or possession of South Atlantic snapper-grouper would be prohibited in the MPAs. However, the prohibition on possession would not apply to a person aboard a vessel that is in transit with fishing gear appropriately stowed. MPAs are considered to be an effective fishery management tool that would allow deepwater snapper-grouper to reach a more natural sex ratio, age, and size structure. They are also expected to protect spawning locations, and provide a refuge for early developmental stages of fish species. The prohibition of use of shark bottom longlines in the MPAs is considered necessary for habitat protection and to prevent the mortality of incidentally caught snapper-grouper. The Council voted to include this measure in an effort to address enforcement concerns regarding the similarity between snapper-grouper bottom longline gear and shark bottom longline gear, which is also currently used in the subject areas. However, because the Atlantic shark fishery is managed under the Highly Migratory Species
(HMS)fishery management plan (HMS FMP), NMFS has requested the HMS Division promulgate the prohibition of use of shark bottom longlines within the proposed MPAs. With an effort to implement compatible regulations on a similar timeline, the HMS Division published a proposed rule on July 27, 2007 (72 FR 41392), to prohibit shark bottom longlining in the MPAs through Amendment 2 to the consolidated HMS FMP. Public comment on Amendment 2 was requested through October 10, 2007. In a notice published October 23, 2007 (72 FR 56330), NMFS extended public comment on Amendment 2 through November 2, 2007. The public comment period for Amendment 2 was extended an additional 30 days on November 15, 2007 (72 FR 64186). The final Environmental Imapct Statement
(EIS)was published on April 18, 2008, with the prohibition on the use of shark bottom longlines as the preferred alternative. If Amendment 2 is approved, implementation of the shark bottom longline prohibition would occur after a final rule is published by the HMS Division. The Council defines MPAs within its jurisdiction as a network of specific areas of marine environments reserved and managed for the primary purpose of aiding in the recovery of overfished stocks and to insure the persistence of healthy fish stocks, fisheries, and habitats. Such areas may be over natural or artificial bottom and may include prohibition of harvest indefinitely to accomplish needed conservation goals. The Council recognizes that there may be a positive impact from the designation of the proposed sites to non-deepwater species, which may co-occur, such as vermilion snapper, red porgy, and gag. MPA Locations Using input received from the fishing industry; scientific, academic, and environmental communities; and law enforcement personnel, the Council selected specific sites for MPAs on the basis of maximizing the biological benefits and enhancing enforceability and monitoring while minimizing the adverse social and economic effects. Sizes of the MPAs would range from approximately 5 by 10 nautical miles
(nm)to approximately 22 by 23 nm. One would be off North Carolina, three off South Carolina, one off Georgia, and three off the east coast of Florida. An artificial reef may be established at one of the South Carolina sites. The two most southern MPAs would be approximately 9 and 13 nm offshore, respectively, and the others at least 38 nm offshore. MPA Types Considered The following types of actions are available to the Council for designating MPAs, and the complete suite of alternatives considered are discussed in the Environmental Impact Statement for Amendment 14. Type 1 - Permanent closure/no-take Type 2 - Permanent closure/some take allowed Type 3 - Limited duration closure/no-take Type 4 - Limited duration closure/some take allowed Based on input received from the fishing industry; scientific, academic, and environmental communities; and law enforcement personnel, the Council has determined that Type 2 management actions would be effective in meeting the conservation goal of protecting deepwater snapper-grouper species, while limiting adverse social and economic impact on the fishing community. Availability of Amendment 14 Additional background and rational for the measures discussed above are contained in Amendment 14. Proposed Rule A proposed rule that would implement the measures in Amendment 14 has been received from the Council. In accordance with the Manguson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the **Federal Register** for public review and comment. Consideration of Public Comments Comments received by August 5, 2008, will be considered by NMFS in its decision to approve, disapprove, or partially approve Amendment 14. Comments received after that date will not be considered by NMFS in this decision. To be considered, comments must be received by 5 p.m. on the last day of the comment period; that does not mean postmarked or otherwise transmitted by that date. All comments received by NMFS on Amendment 14 or the proposed rule during their respective comment periods will be addressed in the preamble of the final rule. Authority: 16 U.S.C. 1801 *et seq.* Dated: June 2, 2008 Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-12745 Filed 6-5-08; 8:45 am] BILLING CODE 3510-22-S 73 110 Friday, June 6, 2008 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2008-0049] Notice of Request for Revision and Extension of Approval of an Information Collection; National Animal Identification System AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Revision and extension of approval of an information collection; comment request. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision and extension of approval of an information collection associated with the National Animal Identification System. DATES: We will consider all comments that we receive on or before August 5, 2008. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0049* to submit or view comments and to view supporting and related materials available electronically. • Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket No. APHIS-2008-0049, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2008-0049. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov* . FOR FURTHER INFORMATION CONTACT: For information on the National Animal Identification System, contact Mr. Vince Chapman, National Animal Identification System Staff, Surveillance and Identification Programs, VS, APHIS, 4700 River Road, Unit 200, Riverdale, MD 20737;
(301)734-0739. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS* Information Collection Coordinator, at
(301)851-2908. SUPPLEMENTARY INFORMATION: *Title:* National Animal Identification System. *OMB Number:* 0579-0259. *Type of Request:* Revision and extension of approval of an information collection. *Abstract:* As part of its ongoing efforts to safeguard U.S. animal health, the U.S. Department of Agriculture
(USDA)initiated the implementation of the National Animal Identification System
(NAIS)in 2004. NAIS is a cooperative State-Federal-industry partnership to standardize and expand animal identification programs and practices to all livestock species and poultry. NAIS is being developed through the integration of three components—premises registration, animal identification, and animal tracing. The goal of NAIS, for which participation at the Federal level is voluntary, is to have the information necessary to trace all animals associated with an incident of an animal disease within 48 hours in order to limit disease spread and thereby reduce the impact of diseases on America's agricultural producers. The NAIS program involves a number of approved collection and recordkeeping activities, including animal identification; premises registration; group/lot movement records; cooperative agreements; accomplishment reports; applications, registrations, and agreements associated with the Animal Identification Number
(AIN)Management System; and applications for evaluation of animal tracking databases. New activities under the NAIS program include applications, agreements, and updates submitted by AIN manufacturers, managers, and resellers; cooperator quarterly accomplishment reports; and applications for cooperative agreements to support NAIS outreach, education, and premises registration activities. We are asking the Office of Management and Budget
(OMB)to approve our use of these information collection activities for 3 years. This notice includes a description of the information collection requirements currently approved by the Office of Management and Budget
(OMB)for the NAIS program under numbers 0579-0259, 0579-0283, and 0579-0288. After OMB approves and combines the burden for the three collections under a single collection (number 0579-0259), the Department will retire numbers 0579-0283 and 0579-0288. The new activities described above will also be combined under OMB collection 0579-0259. The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:
(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of our estimate of the burden of the information collection, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses. *Estimate of burden:* The public reporting burden for this collection of information is estimated to average 0.7644215 hours per response. *Respondents:* State and Tribal animal health authorities; owners/operators of feedlots, markets, and slaughter plants; producers; and nonproducer participants such as accredited veterinarians, AIN device managers/resellers (individuals or firms responsible for distributing AIN devices to producers), AIN device manufacturers (companies that manufacture animal identification devices approved for use in the NAIS), third-party service providers (companies that provide herd management, dairy herd improvement, genetic evaluation, and other services to producers), and diagnostic laboratories and livestock buyers/dealers who submit data to the national database. *Estimated annual number of respondents:* 500,472. *Estimated annual number of responses per respondent:* 7.4036789. *Estimated annual number of responses:* 3,705,334. *Estimated total annual burden on respondents:* 2,832,437 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 2nd day of June 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-12731 Filed 6-5-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2008-0014] Potato Cyst Nematode; Update of Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice of changes to quarantined area. SUMMARY: We are advising the public that we have made changes to the area in the State of Idaho that is quarantined to prevent the spread of potato cyst nematode. The description of the quarantined area was updated on November 1, 2007, when the potato cyst nematode regulations became effective; on November 28, 2007, when one additional field was found to be infested; on January 9, 2008, when some fields that had been quarantined were found not to have an association with an infested field; and on March 21, 2008, when 24 associated fields were removed from the quarantined area after having been surveyed and found to be free of potato cyst nematode. FOR FURTHER INFORMATION CONTACT: Dr. Osama El-Lissy, Director, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;
(301)734-8676. SUPPLEMENTARY INFORMATION: Background The potato cyst nematode
(PCN)( *Globodera pallida* ) is a major pest of potato crops in cool-temperature areas. Other solanaceous hosts include tomatoes, eggplants, peppers, tomatillos, and some weeds. The PCN is thought to have originated in Peru and is now widely distributed in many potato-growing regions of the world. PCN infestations may be expressed as patches of poor growth. Affected potato plants may exhibit yellowing, wilting, or death of foliage. Even with only minor symptoms on the foliage, potato tuber size can be affected. Unmanaged infestations can cause potato yield loss ranging from 20 to 70 percent. The spread of this pest in the United States could result in a loss of domestic or foreign markets for U.S. potatoes and other commodities. In an interim rule published in the **Federal Register** on September 12, 2007, and effective on November 1, 2007 (72 FR 51975-51988, Docket No. APHIS-2006-0143), we established the PCN quarantine regulations (§§ 301.86 through 301.86-9, referred to below as the regulations). These regulations set out procedures for determining the areas quarantined for PCN and impose restrictions on the interstate movement of regulated articles from quarantined areas. Section 301.86-3 of the regulations sets out the procedures for determining the areas quarantined for PCN. Paragraph
(a)of § 301.86-3 states that, in accordance with the criteria listed in § 301.86-3(c), the Administrator will designate as a quarantined area each field that has been found to be infested with PCN, each field that has been found to be associated with an infested field, and any area that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from infested or associated fields. Paragraph
(c)provides that the Administrator will designate a field as an infested field when PCN is found in the field. Paragraph
(c)also provides that the Administrator will designate a field as an associated field when PCN host crops, as listed in § 301.86-2(b), have been grown in the field in the last 10 years and the field shares a border with an infested field; the field came into contact with a regulated article listed in § 301.86-2 from an infested field within the last 10 years; or, within the last 10 years, the field shared ownership, tenancy, seed, drainage or runoff, farm machinery, or other elements of shared cultural practices with an infested field that could allow spread of the PCN, as determined by the Administrator. Paragraph
(b)describes the conditions for the designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area only if the Administrator determines that: • The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by the regulations on the interstate movement of regulated articles; and • The designation of less than the entire State as a quarantined area will prevent the interstate spread of PCN. We have determined that it is not necessary to designate the entire State of Idaho as a quarantined area. Idaho has adopted and is enforcing restrictions on the intrastate movement of regulated articles from that area that are equivalent to those we are imposing on the interstate movement of regulated articles. Paragraph
(a)of § 301.86-3 further provides that the Administrator will publish the description of the quarantined area on the Plant Protection and Quarantine
(PPQ)Web site, *http://www.aphis.usda.gov/plant_health/plant_pest_info/potato/pcn.shtml* . The description of the quarantined area will include the date the description was last updated and a description of the changes that have been made to the quarantined area. The description of the quarantined area may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories. Finally, paragraph
(a)establishes that, after a change is made to the quarantined area, we will publish a notice in the **Federal Register** informing the public that the change has occurred and describing the change to the quarantined area. We are publishing this notice to inform the public of changes to the PCN quarantined area in accordance with § 301.86-3(a). The PCN quarantined area was first updated when the regulations became effective on November 1, 2007. That update to the quarantined area expanded the list of associated fields based on new information regarding shared cultural practices. This added associated fields in Jefferson County, ID, as well as fields in Bonneville and Bingham Counties, ID. On November 28, 2007, surveys confirmed the detection of PCN in one new field. It was not necessary to add that field to the quarantined area, as it had already been listed as an associated field. However, the finding of an infestation in that field led to new fields being designated as associated fields. These fields were in Bonneville and Bingham Counties. On January 9, 2008, the quarantined area was further updated to remove four fields from the quarantined area. Although these fields had appeared to be associated fields, further investigation demonstrated that these fields were not associated with an infested field. The fields removed from quarantine were in Bonneville County. On March 21, 2008, the quarantined area was updated to remove 24 fields from the quarantined area. These fields had been associated fields, and were found to be free of PCN according to a survey protocol approved by the Administrator as sufficient to support removal from quarantine, under paragraph (d)(2) of § 301.86-3. The fields removed from quarantine were in Bonneville and Bingham Counties. The current map of the quarantined area can be viewed on the PPQ Web site at *http://www.aphis.usda.gov/plant_health/plant_pest_info/potato/pcn.shtml* . Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Done in Washington, DC, this 29th day of May 2008. Cindy Smith, Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-12625 Filed 6-5-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request—FNS User Access Request AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed collection is a revision of a currently approved collection. The purpose of this information collection request is the continued use of the electronic form FNS 674 entitled “FNS User Access Request”. DATES: Written comments must be received on or before August 5, 2008. ADDRESSES: Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Shawn Jones, Information Systems Security Program Manager (ISSPM), Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 317, Alexandria, Virginia 22302. Comments may also be submitted via fax to the attention of Shawn Jones at 703-305-2924 or via e-mail to *Shawn.Jones@fns.usda.gov* . All written comments will be open for public inspection at the office of the Food and Nutrition Service during regular business hours (8:30 a.m. to 5 p.m., Monday through Friday) at 3101 Park Center Drive, Room 317, Alexandria, Virginia 22302. All responses to this notice will be summarized and included in the request for OMB approval. All comments will be a matter of public record. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of this information collection should be directed to Shawn Jones, 703-305-2528. SUPPLEMENTARY INFORMATION: *Title:* FNS User Access Request. *OMB Number:* 0584-0532. *Form Number:* FNS 674. *Expiration Date:* November 30, 2008. *Type of Request:* Revision of a currently approved collection. *Abstract:* The FNS 674 is designed to collect user information required to gain access to FNS Information Systems. *Respondents:* FNS Employees, Contractors, FNS Regions, State Agencies, Field Offices, Partners and Compliance Offices. *Estimated Number of Respondents:* Two hundred twenty-five (225). *Number of Responses per Respondent:* One (1). *Estimated Time per Response:* 0.1666667 minutes. *Estimated Total Annual Burden on Respondents:* 75.50145 hours. Dated: May 30, 2008. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E8-12707 Filed 6-5-08; 8:45 am] BILLING CODE 3410-30-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions from the Procurement List. SUMMARY: This action adds to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List products and services previously furnished by such agencies. EFFECTIVE DATE: July 6, 2008. ADDRESS: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On April 4 and April 11, 2008, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR 18495; 19808) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and services and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services added to the Procurement List. End of Certification Accordingly, the following products and services are added to the Procurement List: Products Pen, Multi-function: *NSN:* 7510-00-NIB-0797—B3 Aviator Pen, Refill; *NSN:* 7520-00-NIB-1754—B3 Aviator Pen. *NPA:* Alphapointe Association for the Blind, Kansas City, MO. *Coverage:* A-List for the total Government requirements as specified by the General Services Administration. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr., New York, NY. Spices, UGR-A: *NSN:* 8950-01-E10-1788—Spice Blend, Barbecue Style; *NSN:* 8950-01-E10-1789—Spice Blend, Cinnamon Maple Sprinkles; *NSN:* 8950-01-E10-1790—Spice Blend, Italian Style; *NSN:* 8950-01-E10-1791—Spice, Onion, Minced, Dehydrated; *NSN:* 8950-01-E10-1792—Spice, Paprika, Ground; *NSN:* 8950-01-E10-1793—Spice Blend, Poultry Seasoning; *NSN:* 8950-01-E10-1794—Spice Blend, Steak Seasoning; *NSN:* 8950-01-E10-1795—Spice Blend, Vegetable Seasoning, w/o Salt; *NSN:* 8950-01-E10-1796—Spice, Pepper, Black, Ground; *NSN:* 8950-01-E10-1797—Salt, Table, Iodized. *NPA:* Continuing Developmental Services, Inc., Fairport, NY. *Coverage:* C-List for the requirement of the Defense Supply Center Philadelphia, Philadelphia, PA. *Contracting Activity:* Defense Supply Center Philadelphia, Philadelphia, PA. Services *Service Type/Location:* Custodial Services. General Services Administration, Public Buildings Service, 1500 East Bannister Road, Buildings 2306 and 2312, Kansas City, MO. *NPA:* Independence and Blue Springs Industries, Inc., Independence, MO. *Contracting Activity:* General Services Administration, Public Buildings Service, Region 6, Kansas City, MO. *Service Type/Location:* Custodial Services. Peachtree Summit Federal Building, 401 W. Peachtree Street, Atlanta, GA. *NPA:* WORKTEC, Jonesboro, GA. *Contracting Activity:* General Services Administration, Public Buildings Service, Region 4, Atlanta, GA. *Service Type/Location:* Food Service Attendant. Air National Guard—Jacksonville, 14300 Fang Drive, Jacksonville, FL. *NPA:* Goodwill Industries of North Florida, Jacksonville, FL. *Contracting Activity:* Air National Guard-Jacksonville, 125th Fighter Wing, Jacksonville, FL. Deletions On February 8 and April 11, 2008, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR 7521; 19808) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the products and services listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action should not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services deleted from the Procurement List. End of Certification Accordingly, the following products and services are deleted from the Procurement List: Products Clocks, Atomic Standard, Thermometer: *NSN:* 6645-01-491-9837; *NSN:* 6645-01-491-9840; *NSN:* 6645-01-491-9841; *NSN:* 6645-01-491-9844; *NSN:* 6685-01-492-0910. *NPA:* The Chicago Lighthouse for People who are Blind or Visually Impaired, Chicago, IL. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr., New York, NY. Cover, Toxicological Agents Protective: *NSN:* 8415-00-261-6443. *NPA:* Tommy Nobis Enterprises, Inc., Marietta, GA. *Contracting Activity:* Defense Supply Center Philadelphia, Philadelphia, PA. Services *Service Type/Location:* Janitorial/Custodial. Federal Office Building, Ontario Street and Division, Sandpoint, ID. *NPA:* Panhandle Special Needs, Inc., Sand Point, ID. *Contracting Activity:* General Services Administration, Public Buildings Service, Region 10. *Service Type/Location:* Janitorial/Custodial. Schultz Maintenance Complex, Wilson Creek Road, Ellensburg, WA. *NPA:* Elmview, Ellensburg, WA. *Contracting Activity:* Department of Energy, Washington, DC. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-12741 Filed 6-5-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Correction of Notice to Clarification of Scope of Procurement List Additions; 2007 Commodities Procurement List In the notice appearing on page 31056, FR Doc E8-12103, Quarterly Update of the A-List, B-List and C-List, the Committee published the old URL for accessing the A-List. The correct A-List is located at *http://www.jwod.gov/jwod/p_and_s/A-List_08.html.* Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-12742 Filed 6-5-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to the Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. *Comments Must Be Received on or Before:* July 6, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202-3259. *For Further Information or to Submit Comments Contact:* Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. If the Committee approves the proposed additions, the entities of the Federal Government identified in the notice for each product or service will be required to procure the products and services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following products and services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Products Mop, Dust and Floor: *NSN:* 7920-00-616-2493—Dust Mop; *NSN:* 7920-00-782-3784—Floor Mop. *NPA:* New York City Industries for the Blind, Inc., Brooklyn, NY. *Coverage:* B-List for the broad Government requirement as specified by the General Services Administration. *Contracting Activity:* General Services Administration, Southwest Supply Center, Fort Worth, TX. Filter, Notebook, Privacy: *NSN:* 7520-00-NIB-1943—Filter, Notebook, Privacy, 14.1″, *NSN:* 7520-00-NIB-1944—Filter, Notebook, Privacy, 14.1W, *NSN:* 7520-00-NIB-1945—Filter, Notebook, Privacy, 15.0″, *NSN:* 7520-00-NIB-1946—Filter, Notebook, Privacy, 15.4″, *NSN:* 7520-00-NIB-1947—Filter, Notebook, Privacy, 17.0″, *NSN:* 7520-00-NIB-1948—Filter, Notebook, Privacy, 17.0W, *NSN:* 7520-00-NIB-1950—Filter, Notebook, Privacy, 19.0″, *NSN:* 7520-00-NIB-2006—Filter, Notebook, Privacy, 19.0″W. *Coverage:* A-List for the total Government requirements as specified by the General Services Administration. *NSN:* 7520-00-NIB-1941—Filter, Notebook, Privacy 12.1″; *NSN:* 7520-00-NIB-1942—Filter, Notebook, Privacy, 12.1W; *NSN:* 7520-00-NIB-2005—Filter, Notebook Privacy, 13.37″ W; *NSN:* 7520-00-NIB-2007—Filter, Notebook, Privacy, 20.1″; *NSN:* 7520-00-NIB-2008—Filter, Notebook, Privacy, 20.1″ W; *NSN:* 7520-00-NIB-2009—Filter, Notebook, Privacy, 22″ W; *NSN:* 7520-00-NIB-2010—Filter, Notebook, Privacy, 24″ W. *Coverage:* B-List for the broad Government requirements as specified by the General Services Administration. *NPA:* Wiscraft Inc.—Wisconsin Enterprises for the Blind, Milwaukee, WI. *Contracting Activity:* General Services Administration, Federal Supply Services, Region 2, New York, NY. File Folders, Colored, Recycled: *NSN:* 7530-00-NIB-0866—Letter-size, Assorted Colors, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0867—Letter-size, Blue, 1/3 Cut, 100/BX; *NSN:* 7530-00-NIB-0868—Letter-size, Bright Green, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0869—Letter-size, Red, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0870—Letter-size, Purple, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0871—Letter-size, Yellow, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0872—Letter-size, Double Ply Reinforced, Assorted Colors, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0873—Letter-size, Double Ply Reinforced, Blue, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0874—Letter-size, Double Ply Reinforced, Bright Green, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0875—Letter-size, Double Ply Reinforced, Red, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0876—Letter-size, Double Ply Reinforced, Purple, 1/3 cut, 100/BX; *NSN:* 7530-00-NIB-0877—Letter-size, Double Ply Reinforced, Yellow, 1/3 cut, 100/BX. *NPA:* L.C. Industries For The Blind, Inc., Durham, NC. *Coverage:* A-list for the total Government requirements as specified by the General Services Administration. *Contracting Activity:* General Services Administration, Federal Supply Services, Region 2, New York, NY. Services *Service Type/Location:* Document Destruction. Department of Health and Human Services, Office of Medicare Hearings and Appeals, 200 Public Square, Cleveland, OH. *NPA:* Weaver Industries, Inc., Akron, OH. *Contracting Activity:* Department of Health and Human Services, Rockville, MD. *Service Type/Location:* Hospital Housekeeping Services. Baltimore VA Medical Center, 10 North Green Street, Baltimore, MD. *NPA:* Lakeview Center, Inc., Pensacola, FL. *Contracting Activity:* Veterans Affairs Maryland Health Care System, Baltimore, MD. *Service Type/Location:* Mailroom Operations. Internal Revenue Service, 50 South 200 East, Salt Lake City, UT. *NPA:* ServiceSource, Alexandria, VA (Prime Contractor). *NPA:* Utah Industries for the Blind, Salt Lake City, UT (Sub-Contractor). *Contracting Activity:* U.S. Department of the Treasury, Internal Revenue Service Headquarters, Oxon Hill, MD. *Service Type/Location:* Mailroom Operations. Internal Revenue Service, 801 Civic Center Drive West, Santa Ana, CA. *NPA:* ServiceSource, Alexandria, VA (Prime Contractor). *NPA:* Pacific Coast Community Services, Richmond, CA (Sub-Contractor). *Contracting Activity:* U.S. Department of the Treasury, Internal Revenue Service Headquarters, Oxon Hill, MD. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-12740 Filed 6-5-08; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* National Marine Sanctuary Permits. *Form Number(s):* None. *OMB Approval Number:* 0648-0141. *Type of Request:* Regular submission. *Burden Hours:* 1,436. *Number of Respondents:* 424. *Average Hours Per Response:* Baitfish permits, permit amendments, and certification, 30 minutes; general permits, 1 hour and 30 minutes; special use permits, 8 hours; historical resource permits, 13 hours; voluntary registration, 15 minutes; Tortugas access, 5 minutes; and appeals, 24 hours. *Needs and Uses:* National Marine Sanctuary regulations list specific activities that are prohibited in the sanctuaries. These otherwise prohibited activities are permissible if a permit is issued by the Office of National Marine Sanctuaries (ONMS). Any person desiring permits must submit applications, and persons obtaining permits must submit reports on the activity conducted under the permit. The information is needed by the ONMS to protect and manage the sanctuaries. This renewal also includes the merger of OMB Control No. 0648-0418, Tortugas Access Permits, into this information collection. *Affected Public:* Not-for-profit institutions; business or other for-profit organizations. *Frequency:* Annually and on occasion. *Respondent's Obligation:* Required to obtain or retain benefits. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number
(202)395-7285, or *David_Rostker@omb.eop.gov* . Dated: June 3, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-12701 Filed 6-5-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Data Collection on Marine Protected and Managed Areas. *Form Number(s):* None. *OMB Approval Number:* 0648-0449. *Type of Request:* Regular submission. *Burden Hours:* 293. *Number of Respondents:* 250. *Average Hours Per Response:* Inventory form for: new sites, 1 hour, 30 minutes; and updates, 30 minutes. *Needs and Uses:* Executive Order 13158 directs the Department of Commerce and the Department of the Interior to work with partners to inventory the protection of U.S. oceans and coastal resources by developing a national system of marine protected areas. The Departments of Commerce and the Interior plan to work closely with state, territorial, local, and tribal governments, as well as other stakeholders, to identify and inventory the nation's existing marine protected and managed areas. Toward this end, the National Oceanic and Atmospheric Administration
(NOAA)and the Department of the Interior
(DOI)have created a data form to be used as a survey tool to collect and analyze information on these existing sites. This survey will allow NOAA and DOI to better understand and evaluate the existing protections for marine resources within marine protected and managed areas in the United States. *Affected Public:* State, Local or Tribal Government. *Frequency:* On occasion and one-time only. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number
(202)395-7285, or *David__Rostker@omb.eop.gov.* Dated: June 3, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-12702 Filed 6-5-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE [Docket No.: 080527711-8713-01] Privacy Act of 1974; System of Records AGENCY: Department of Commerce. ACTION: Notice of a new Privacy Act System of Records: COMMERCE/NOAA-20, Search and Rescue Satellite Aided Tracking (SARSAT) 406 MHz Emergency Beacon Registration Database. SUMMARY: The Search and Rescue Satellite Aided Tracking (SARSAT) is responsible for keeping and maintaining a registration database for 406 MHz emergency beacons as directed by the Federal Communications Commission (FCC). This database contains personally identifiable information that is required to be protected by the Privacy Act. The purpose for this system of records is to provide search and rescue
(SAR)authorities with information about the user of the beacon such as the name, phone number, and emergency contact information. This information allows SAR authorities to shorten response times, and provides a way to cancel false alerts quickly and safely, thereby increasing safety for SAR authorities and decreasing costs to the government and the SAR system. DATES: The system of records becomes effective on June 6, 2008. ADDRESSES: For a copy of the system of records please mail requests to LT Jeffrey Shoup, SARSAT Operations Support Officer, 4231 Suitland Road, Suitland, MD 20746-4304. FOR FURTHER INFORMATION CONTACT: LT Jeffrey Shoup, SARSAT Operations Support Officer, 4231 Suitland Road, Suitland, MD 20746-4304, 301-817-3806. SUPPLEMENTARY INFORMATION: On April 17, 2008, SARSAT published and requested comments on a proposed Privacy Act System of Records notice entitled Commerce/NOAA-20, Search and Rescue Satellite Aided Tracking (SARSAT) 406 MHz Emergency Beacon Registration Database. No comments were received in response to the request for comments. By this notice, the Department is adopting the proposed system as final without changes effective June 6, 2008. Dated: June 2, 2008. Brenda Dolan, U.S. Department of Commerce, Freedom of Information/Privacy Act Officer. [FR Doc. E8-12677 Filed 6-5-08; 8:45 am] BILLING CODE 3510-03-P DEPARTMENT OF COMMERCE International Trade Administration (A-570-848) Freshwater Crawfish Tail Meat from the People’s Republic of China: Notice of Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 6, 2008. FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-0665 or
(202)482-1690, respectively. SUPPLEMENTARY INFORMATION: Background On October 31, 2007, the Department published a notice of initiation of administrative review of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (PRC). See *Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 72 FR 61621 (October 31, 2007). The period of review is September 1, 2006, through August 31, 2007. The preliminary results of the administrative review are currently due no later than June 1, 2008. Extension of Time Limit for Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary determination is published. If it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. We determine that it is not practicable to complete the preliminary results of the review within the current time limit because we require additional time to analyze several complex sales-reporting issues. Therefore, we are extending the time period for issuing the preliminary results of the review by 60 days until July 31, 2008. The deadline for the final results of the review continues to be 120 days after the publication of the preliminary results. This extension notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act and 19 CFR 351.213(h)(2). Dated: May 30, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-12733 Filed 6-5-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration A-427-820 Stainless Steel Bar From France: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 31, 2008, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on stainless steel bar from France covering the period March 1, 2006, through February 28, 2007. This administrative review covers one manufacturer/exporter, Ascometal S.A. (Ascometal). No interested party commented on the preliminary results. We have made no changes to the margin calculation. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled “Final Results of Review.” EFFECTIVE DATE: June 6, 2008. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or David J. Goldberger, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482- 1280 or
(202)482-4136, respectively. SUPPLEMENTARY INFORMATION: Background On March 31, 2008, the Department of Commerce (the Department) published the preliminary results of this administrative review. *See Stainless Steel Bar from France: Preliminary Results of Antidumping Duty Administrative Review* , 73 FR 16839 (March 31, 2008) ( *Preliminary Results* ). We invited interested parties to comment on the preliminary results of review. No interested party submitted comments. We have conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order For purposes of this order, the term “stainless steel bar”
(SSB)includes articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. SSB includes cold-finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut length flat-rolled products ( *i.e.* , cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. The SSB subject to this order is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the *Harmonized Tariff Schedule of the United States* (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Final Results of Review We determine that the following weighted-average margin percentage exists: Manufacturer/exporter Margin (percent) Ascometal S.A. 0.00 Assessment The Department shall determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212(b). With respect to Ascometal, we calculated importer-specific *ad valorem* duty assessment rates for the subject merchandise by aggregating the dumping margins calculated for all the U.S. sales examined and dividing this amount by the total entered value of the sales examined. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated is above *de minimis (i.e.* , is not less than 0.50 percent). The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the period of review produced by the company included in these final results of review for which the reviewed company did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. Discontinuation of Cash Deposit Requirements As stated in our preliminary results, we have instructed CBP to discontinue collection of cash deposits of antidumping duties on entries of the subject merchandise made on or after March 7, 2007 (the effective date of the revocation of this order). *See Preliminary Results at 16842; Revocation of Antidumping Duty Orders on Stainless Steel Bar From France, Germany, Italy, South Korea, and the United Kingdom and the Countervailing Duty Order on Stainless Steel Bar From Italy* , 73 FR 7258 (February 7, 2008). Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-12771 Filed 6-5-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [C-570-936] Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Notice of Postponement of Preliminary Determination in the Countervailing Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 6, 2008. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone
(202)482-4793. SUPPLEMENTARY INFORMATION: Background On April 23, 2008, the Department of Commerce (the Department) initiated the countervailing duty investigation of circular welded carbon quality steel line pipe from the People's Republic of China. *See Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Notice of Initiation of Countervailing Duty Investigation,* 73 FR 23184 (April 29, 2008). Currently, the preliminary determination is due no later than June 27, 2008. Postponement of Due Date for Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, if the Department concludes that the parties concerned in the investigation are cooperating and determines that the investigation is extraordinarily complicated, section 703(c)(1)(B) of the Act allows the Department to postpone making the preliminary determination until no later than 130 days after the date on which the administering authority initiated the investigation. The Department is currently investigating alleged subsidy programs involving debt-for-equity swaps, loans, grants, income tax incentives, and the provision of goods and services for less than adequate remuneration. Due to the number and complexity of the alleged countervailable subsidy practices being investigated, it is not practicable to complete the preliminary determination of this investigation within the original time limit ( *i.e.* , by June 27, 2008). Therefore, in accordance with section 703(c)(1)(B) of the Act, we are fully extending the due date for the preliminary determination to no later than 130 days after the day on which the investigation was initiated. However, as that date falls on a Sunday, the deadline for completion of the preliminary determination is now September 2, 2008, the next business day after the Labor Day holiday. This notice is issued and published pursuant to section 703(c)(2) of the Act. Dated: May 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-12773 Filed 6-5-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration A-533-809 Certain Forged Stainless Steel Flanges from India; Preliminary Intent to Rescind New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting a new shipper review of the antidumping duty order on certain forged stainless steel flanges (stainless steel flanges) from India manufactured by Hotmetal Forge (India) Pvt., Ltd. (Hotmetal). The period of review
(POR)is February 1, 2007, through July 31, 2007. We preliminarily determine that Hotmetal had no bona fide U.S. sales during the period of review (POR), and therefore intend to rescind the review. We invite interested parties to comment on this preliminary intent to rescind. Parties who submit argument in these proceedings are requested to submit with the argument:
(1)a statement of the issues; and
(2)a brief summary of the argument. EFFECTIVE DATE: June 6, 2008. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-2924 or
(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On February 9, 1994, the Department published the antidumping duty order on stainless steel flanges from India. *See Amended Final Determination and Antidumping Duty Order; Certain Forged Stainless Steel Flanges from India* , 59 FR 5994 (February 9, 1994) ( *Amended Final Determination* ). On August 31, 2007, we received a request for a new shipper review from Hotmetal for the period February 1, 2007 through July 31, 2007. On October 4, 2007, we initiated the new shipper review. *See Forged Stainless Steel Flanges from India: Notice of Initiation of Antidumping Duty New Shipper Review* , 72 FR 56723 (October 4, 2007). 1 1 Based on the spelling Hotmetal’s request for new shipper review, we spelled the respondent’s name “Hot Metal Forge (India) Pvt. Ltd.” in the initiation notice. However, subsequent submissions indicate “Hotmetal” is properly one word. On October 4, 2007, the Department issued its questionnaire to Hotmetal. Hotmetal submitted its section A response on November 2, 2007, and its section B and C responses on November 16, 2007. Scope of the order The products covered by this order are certain forged stainless steel flanges, both finished and not finished, generally manufactured to specification ASTM A-182, and made in alloys such as 304, 304L, 316, and 316L. The scope includes five general types of flanges. They are weld-neck, used for butt-weld line connection; threaded, used for threaded line connections; slip-on and lap joint, used with stub-ends/butt-weld line connections; socket weld, used to fit pipe into a machined recession; and blind, used to seal off a line. The sizes of the flanges within the scope range generally from one to six inches; however, all sizes of the above-described merchandise are included in the scope. Specifically excluded from the scope of this order are cast stainless steel flanges. Cast stainless steel flanges generally are manufactured to specification ASTM A-351. The flanges subject to this order are currently classifiable under subheadings 7307.21.1000 and 7307.21.5000 of the Harmonized Tariff Schedule (HTS). Although the HTS subheading is provided for convenience and customs purposes, the written description of the merchandise under review is dispositive of whether or not the merchandise is covered by the scope of the order. Intent to Rescind As indicated above, we have preliminarily determined that Hotmetal’s sales to the United States during the POR were not *bona fide* sales. We based our determination on the following factors:
(1)the U.S. price and expenses associated with the sale were unusually high;
(2)the sale involved a method of shipping not standard for the industry;
(3)the shipment did not enter U.S. customs territory as a dumping entry; and
(4)there were unusual circumstances surrounding the resale of the subject merchandise by Hotmetal’s U.S. customer. For further information, *see* the Memorandum to the File, “Bona Fide Nature of the Sale in the New Shipper Review of Hotmetal Forge (India) Pvt., Ltd.,” dated May 29, 2008, for a complete explanation of our analysis. Based on these factors, we preliminarily intend to rescind this new shipper review. Public Comment Interested parties are invited to comment on this preliminary intent to rescind. Pursuant to 19 CFR 351.309( c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Pursuant to 19 CFR 351.309(d), rebuttal briefs, limited to issues raised in the case briefs and comments, may be filed no later than 5 days after the time limit for filing the case briefs. Parties who submit argument in these proceedings are requested to submit with the argument:
(1)a statement of the issue;
(2)a brief summary of the argument; and
(3)a table of authorities. Further, the Department requests parties submitting written comments to provide the Department with an additional copy of the public version of any such comments on diskette. Assessment Rates At the completion of this new shipper review, if a final rescission notice is published, a cash deposit rate of 162.14 percent *ad valorem* shall continue to be collected for any entries produced by Hotmetal. Should the Department reach a final result other than a rescission, we will calculate an appropriate antidumping duty rate for both assessment and cash deposit purposes. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final rescission or final results of review. The Department clarified its “automatic assessment” regulation on May 6, 2003. *See Notice of Policy Concerning Assessment of Antidumping Duties* , 68 FR 23954 (May 6, 2003) ( *Assessment Policy Notice* ). This clarification will apply to entries of subject merchandise during the POR produced by Hotmetal for which Hotmetal did not know that the merchandise it sold to an intermediary ( *e.g.* , a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the 162.14 percent all-others rate established in the original less than fair value
(LTFV)investigation if there is no rate for the intermediary involved in the transaction. *See Assessment Policy Notice* for a full discussion of this clarification. Notification to Interested Parties This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act and 19 CFR 351.221(b)(4). Dated: May 29, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-12751 Filed 6-5-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration A-570-890 Wooden Bedroom Furniture from the People's Republic of China: Preliminary Results of January 1, 2007 July 31, 2007 Semi-Annual New Shipper Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 31, 2007, the Department of Commerce (“the Department”) initiated semi-annual new shipper reviews (“NSRs”) of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (“PRC”) covering sales of subject merchandise made by Dongguan Mu Si Furniture Co., Ltd. (“Mu Si”) and Dongguan Bon Ten Furniture Co., Ltd. (“Bon Ten”). *See Wooden Bedroom Furniture From the People's Republic of China: Initiation of New Shipper Reviews* , 72 FR 52083 (September 12, 2007) (“Initiation of NSRs”). The Department preliminarily determines that Mu Si has made sales at less than normal value (“NV”), and Bon Ten has not made sales in the United States at less than NV. If these preliminary results are adopted in our final results of review, the Department will instruct U.S. Customs and Border Protection (“CBP”) to assess antidumping duties on entries of subject merchandise during the period of review (“POR”) for which the importer-specific assessment rates are above *de minimis* . EFFECTIVE DATE: June 6, 2008. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Hua Lu, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202)482-4474 and
(202)482-6478, respectively. SUPPLEMENTARY INFORMATION: Background The Department published an antidumping duty order on wooden bedroom furniture from the PRC on January 4, 2005. *See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture from the People's Republic of China* , 70 FR 329 (January 4, 2005) (“the Order”). On July 27, 2007, Mu Si and Bon Ten requested that the Department conduct NSRs of sales of their subject merchandise during the period of review POR January 1, 2007 through June 30, 2007. On July 31, 2007, Dongguan Sunshine Furniture Co., Ltd. (“Sunshine”) requested that the Department conduct an NSR covering its sales of subject merchandise. On August 31, 2007, the Department initiated semi-annual NSRs of Mu Si and Bon Ten. *See* Initiation of NSRs. The Department did not initiate a review of Sunshine's sales because CBP import data did not demonstrate that Sunshine sold subject merchandise to the United States during the POR. On October 5, 2007, the Department issued antidumping duty questionnaires to Mu Si and Bon Ten. Mu Si and Bon Ten submitted their section A questionnaire responses on November 5, 2007, and submitted their sections C and D questionnaire responses on November 20, 2007. The Department subsequently issued supplemental questionnaires to Bon Ten and to Mu Si on March 21, 2008 and April 2, 2008, respectively, to which they responded on April 14, 2008 and April 25, 2008, respectively. On February 28, 2008, the Department extended the deadline for the issuance of the preliminary results of these NSRs until May 27, 2008. *See Wooden Bedroom Furniture from the People's Republic of China: Extension of Time Limit for the Preliminary Results of New Shipper Reviews* , 73 FR 11395 (March 3, 2008). Period of Review The POR is January 1, 2007, through July 31, 2007. 1 1 In the Initiation of NSRs the Department stated, “As discussed above, under 19 CFR 351.214 (f)(2)(ii), when the sale of the subject merchandise occurs within the POR, but the entry occurs after the normal POR, the POR may be extended. Therefore, the POR for the new shipper reviews of Bon Ten and Mu Si is January 1 through July 31, 2007.” Scope of the Order The product covered by the Order is wooden bedroom furniture. Wooden bedroom furniture is generally, but not exclusively, designed, manufactured, and offered for sale in coordinated groups, or bedrooms, in which all of the individual pieces are of approximately the same style and approximately the same material and/or finish. The subject merchandise is made substantially of wood products, including both solid wood and also engineered wood products made from wood particles, fibers, or other wooden materials such as plywood, oriented strand board, particle board, and fiberboard, with or without wood veneers, wood overlays, or laminates, with or without non-wood components or trim such as metal, marble, leather, glass, plastic, or other resins, and whether or not assembled, completed, or finished. The subject merchandise includes the following items:
(1)wooden beds such as loft beds, bunk beds, and other beds;
(2)wooden headboards for beds (whether stand-alone or attached to side rails), wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds;
(3)night tables, night stands, dressers, commodes, bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type cabinets;
(4)dressers with framed glass mirrors that are attached to, incorporated in, sit on, or hang over the dresser;
(5)chests-on-chests, 2 highboys, 3 lowboys, 4 chests of drawers, 5 chests, 6 door chests, 7 chiffoniers, 8 hutches, 9 and armoires; 10
(6)desks, computer stands, filing cabinets, book cases, or writing tables that are attached to or incorporated in the subject merchandise; and
(7)other bedroom furniture consistent with the above list. 2 A chest-on-chest is typically a tall chest-of-drawers in two or more sections (or appearing to be in two or more sections), with one or two sections mounted (or appearing to be mounted) on a slightly larger chest; also known as a tallboy. 3 A highboy is typically a tall chest of drawers usually composed of a base and a top section with drawers, and supported on four legs or a small chest (often 15 inches or more in height). 4 A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short legs. 5 A chest of drawers is typically a case containing drawers for storing clothing. 6 A chest is typically a case piece taller than it is wide featuring a series of drawers and with or without one or more doors for storing clothing. The piece can either include drawers or be designed as a large box incorporating a lid. 7 A door chest is typically a chest with hinged doors to store clothing, whether or not containing drawers. The piece may also include shelves for televisions and other entertainment electronics. 8 A chiffonier is typically a tall and narrow chest of drawers normally used for storing undergarments and lingerie, often with mirror(s) attached. 9 A hutch is typically an open case of furniture with shelves that typically sits on another piece of furniture and provides storage for clothes. 10 An armoire is typically a tall cabinet or wardrobe (typically 50 inches or taller), with doors, and with one or more drawers (either exterior below or above the doors or interior behind the doors), shelves, and/or garment rods or other apparatus for storing clothes. Bedroom armoires may also be used to hold television receivers and/or other audio-visual entertainment systems. The scope of the Order excludes the following items:
(1)seats, chairs, benches, couches, sofas, sofa beds, stools, and other seating furniture;
(2)mattresses, mattress supports (including box springs), infant cribs, water beds, and futon frames;
(3)office furniture, such as desks, stand-up desks, computer cabinets, filing cabinets, credenzas, and bookcases;
(4)dining room or kitchen furniture such as dining tables, chairs, servers, sideboards, buffets, corner cabinets, china cabinets, and china hutches;
(5)other non-bedroom furniture, such as television cabinets, cocktail tables, end tables, occasional tables, wall systems, book cases, and entertainment systems;
(6)bedroom furniture made primarily of wicker, cane, osier, bamboo or rattan;
(7)side rails for beds made of metal if sold separately from the headboard and footboard;
(8)bedroom furniture in which bentwood parts predominate; 11
(9)jewelry armoires; 12
(10)cheval mirrors; 13
(11)certain metal parts; 14
(12)mirrors that do not attach to, incorporate in, sit on, or hang over a dresser if they are not designed and marketed to be sold in conjunction with a dresser as part of a dresser-mirror set; and
(13)upholstered beds. 15 11 As used herein, bentwood means solid wood made pliable. Bentwood is wood that is brought to a curved shape by bending it while made pliable with moist heat or other agency and then set by cooling or drying. *See* Customs' Headquarters' Ruling Letter 043859, dated May 17, 1976. 12 Any armoire, cabinet or other accent item for the purpose of storing jewelry, not to exceed 24″ in width, 18″ in depth, and 49″ in height, including a minimum of 5 lined drawers lined with felt or felt-like material, at least one side door (whether or not the door is lined with felt or felt-like material), with necklace hangers, and a flip-top lid with inset mirror. *See* Issues and Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, Concerning Jewelry Armoires and Cheval Mirrors in the Antidumping Duty Investigation of Wooden Bedroom Furniture from the People's Republic of China, dated August 31, 2004. *See also Wooden Bedroom Furniture from the People's Republic of China: Notice of Final Results of Changed Circumstances Review and Revocation in Part* , 71 FR 38621 (July 7, 2006). 13 Cheval mirrors are any framed, tiltable mirror with a height in excess of 50″ that is mounted on a floor-standing, hinged base. Additionally, the scope of the order excludes combination cheval mirror/jewelry cabinets. The excluded merchandise is an integrated piece consisting of a cheval mirror, *i.e.* , a framed tiltable mirror with a height in excess of 50 inches, mounted on a floor-standing, hinged base, the cheval mirror serving as a door to a cabinet back that is integral to the structure of the mirror and which constitutes a jewelry cabinet lined with fabric, having necklace and bracelet hooks, mountings for rings and shelves, with or without a working lock and key to secure the contents of the jewelry cabinet back to the cheval mirror, and no drawers anywhere on the integrated piece. The fully assembled piece must be at least 50 inches in height, 14.5 inches in width, and 3 inches in depth. *See Wooden Bedroom Furniture From the People's Republic of China: Final Results of Changed Circumstances Review and Determination To Revoke Order in Part* , 72 FR 948 (January 9, 2007). 14 Metal furniture parts and unfinished furniture parts made of wood products (as defined above) that are not otherwise specifically named in this scope ( *i.e.* , wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds) and that do not possess the essential character of wooden bedroom furniture in an unassembled, incomplete, or unfinished form. Such parts are usually classified under the Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 9403.90.7000. 15 Upholstered beds that are completely upholstered, *i.e.* , containing filling material and completely covered in sewn genuine leather, synthetic leather, or natural or synthetic decorative fabric. To be excluded, the entire bed (headboards, footboards, and side rails) must be upholstered except for bed feet, which may be of wood, metal, or any other material and which are no more than nine inches in height from the floor. *See Wooden Bedroom Furniture from the People's Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part* , 72 FR 7013, 7015 (February 14, 2007). Imports of subject merchandise are classified under subheading 9403.50.9040 of the HTSUS as “wooden . . . beds” and under subheading 9403.50.9080 of the HTSUS as “other . . . wooden furniture of a kind used in the bedroom.” In addition, wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds may also be entered under subheading 9403.50.9040 of the HTSUS as “parts of wood” and framed glass mirrors may also be entered under subheading 7009.92.5000 of the HTSUS as “glass mirrors . . . framed.” This order covers all wooden bedroom furniture meeting the above description, regardless of tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. Bona Fide Analysis Consistent with the Department's practice, the Department investigated the *bona fide* nature of the sales made by Mu Si and Bon Ten for these reviews. In evaluating whether or not a single sale in an NSR is commercially reasonable, and therefore *bona fide* , the Department considers, *inter alia* , such factors as:
(1)the timing of the sale;
(2)the price and quantity;
(3)the expenses arising from the transaction;
(4)whether the goods were resold at a profit; and
(5)whether the transaction was made on an arm's-length basis. *See* , *e.g.* , *Tianjin Tiancheng Pharmaceutical Co., Ltd. v. United States* , 366 F. Supp. 2d 1246, 1250 (CIT 2005). Accordingly, the Department considers a number of factors in its *bona fide* analysis, “all of which may speak to the commercial realities surrounding an alleged sale of subject merchandise.” *See Hebei New Donghua Amino Acid Co., Ltd. v. United States* , 374 F. Supp. 2d 1333, 1342 (CIT 2005) ( *citing Fresh Garlic From the People's Republic of China: Final Results of Antidumping Administrative Review and Rescission of New Shipper Review* , 67 FR 11283 (March 13, 2002), and accompanying Issues and Decision Memorandum). The Department preliminarily finds that the new shipper sales made by Mu Si and Bon Ten were made on a *bona fide* basis. Specifically, the Department finds that:
(1)the price and quantity of each new shipper sale was within the range of the prices and quantities of other entries of subject merchandise from the PRC into the United States during the POR;
(2)the new shippers and their respective customers did not incur any extraordinary expenses arising from the transactions;
(3)each new shipper sale was made between unaffiliated parties at arm's length;
(4)there is no record evidence that indicates that each new shipper sale was not made based on commercial principles;
(5)the merchandise was resold at a profit; and
(6)the timing of each of the new shipper sales does not indicate the sales were made on a non- *bona fide* basis. *See* the Memorandum regarding, “Antidumping Duty New Shipper Review of Wooden Bedroom Furniture from the People's Republic of China: *Bona Fide* Nature of the Sale Under Review for Dongguan Mu Si Furniture Co., Ltd.” dated May 27, 2008; and the Memorandum regarding, “Antidumping Duty New Shipper Review of Wooden Bedroom Furniture from the People's Republic of China: *Bona Fide* Nature of the Sale Under Review for Dongguan Bon Ten Furniture Co., Ltd.” dated May 27, 2008. Therefore, the Department has preliminarily found that Mu Si's and Bon Ten's sales of subject merchandise to the United States were *bona fide* for purposes of these NSRs. Non-Market Economy Country Status In every antidumping case conducted by the Department involving the PRC, the PRC has been treated as a non-market economy (“NME”) country. *See* , *e.g.* , *Brake Rotors From the People's Republic of China: Final Results and Partial Rescission of the 2004/2005 Administrative Review and Notice of Rescission of 2004/2005 New Shipper Review* , 71 FR 66304 (November 14, 2006). In accordance with section 771(18)(C)(i) of the the Tariff Act of 1930, as amended (“the Act”), any determination that a foreign country is an NME country shall remain in effect until revoked by the administering authority. None of the parties to this proceeding has contested such treatment. Accordingly, the Department calculated NV in accordance with section 773(c) of the Act, which applies to NME countries. Separate Rates In proceedings involving NME countries, the Department has a rebuttable presumption that all companies within the country are subject to government control and thus should be assessed a single antidumping duty rate. It is the Department's policy to assign all exporters of merchandise subject to investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. Exporters can demonstrate this independence through the absence of both *de jure* and *de facto* government control over export activities. The Department analyzes each entity exporting the subject merchandise under a test arising from the *Final Determination of Sales at Less Than Fair Value: Sparklers from the People's Republic of China* , 56 FR 20588 (May 6, 1991) (“ *Sparklers* ”), as further developed in the *Final Determination of Sales at Less Than Fair Value: Silicon Carbide from the People's Republic of China* , 59 FR 22585 (May 2, 1994) (“ *Silicon Carbide* ”). *See also* Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries (April 5, 2005), available at http://ia.ita.doc.gov/policy/bulletin05-1.pdf at p. 6 (stating: “ [w]hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME investigations will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of “combination rates” because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation. However, if the Department determines that a company is wholly foreign-owned or located in a market economy, then a separate-rate analysis is not necessary to determine whether it is independent from government control.”) Mu Si and Bon Ten are wholly Chinese-owned companies and are located in the PRC. Therefore, the Department must analyze whether they can demonstrate the absence of both *de jure* and *de facto* government control over their export activities. A. Absence of De Jure Control The Department considers the following *de jure* criteria in determining whether an individual company may be granted a separate rate:
(1)an absence of restrictive stipulations associated with an individual exporter's business and export licenses;
(2)any legislative enactments decentralizing control of companies; and
(3)other formal measures by the government decentralizing control of companies. *See Sparklers* , 56 FR at 20589. Throughout the course of this proceeding, Mu Si and Bon Ten have placed a number of documents on the record to demonstrate absence of *de jure* control including: business licenses, financial statements, and narrative information regarding government laws and regulations on corporate ownership, and the companies' operations and selection of management. For example, Mu Si and Bon Ten have placed on the record their articles of association, the “Foreign Trade Law of the People's Republic of China” and the “The Company Law of the People's Republic of China.” See Exhibit 1 of their respective Section A questionnaire responses dated November 5, 2007. The evidence provided by Mu Si and Bon Ten supports a preliminary finding of *de jure* absence of government control based on the following:
(1)an absence of restrictive stipulations associated with the individual exporters' business and export licenses;
(2)there are applicable legislative enactments decentralizing control of the companies; and
(3)and there are formal measures by the government decentralizing control of companies. B. Absence of De Facto Control Typically the Department considers four factors in evaluating whether each respondent is subject to *de facto* government control of its export functions:
(1)whether the export prices are set by or are subject to the approval of a government agency;
(2)whether the respondent has authority to negotiate and sign contracts and other agreements;
(3)whether the respondent has autonomy from the government in making decisions regarding the selection of management; and
(4)whether the respondent retains the proceeds of its export sales and makes independent decisions regarding disposition of profits or financing of losses. *See Silicon Carbide* , 59 FR at 22586-87; *see also Notice of Final Determination of Sales at Less Than Fair Value: Furfuryl Alcohol From the People's Republic of China* , 60 FR 22544, 22545 (May 8, 1995). The Department has determined that an analysis of *de facto* control is critical in determining whether respondents are subject to a degree of government control which would preclude the Department from assigning separate rates. The Department conducted a separate-rates analysis for both Mu Si and Bon Ten. In their questionnaire responses, Mu Si and Bon Ten submitted evidence indicating an absence of *de facto* government control over their export activities. The evidence placed on the record of this review by Mu Si and Bon Ten demonstrates an absence of *de facto* government control with respect to each of the exporters' exports of the merchandise under review, in accordance with the criteria identified in *Sparklers* and *Silicon Carbide* . Specifically, this evidence indicates that:
(1)Mu Si and Bon Ten set their own export prices independent of the government and without the approval of a government authority;
(2)Mu Si and Bon Ten retain the proceeds from their sales and make independent decisions regarding the disposition of profits or financing of losses;
(3)Mu Si and Bon Ten each has an executive director/ general manager who has the authority to negotiate and bind the company in an agreement;
(4)the executive director/general manager, the vice-manager, and the department managers are selected by the respective shareholders of each company; and
(5)there is no restriction on Mu Si's or Bon Ten's use of export revenues. Therefore, because Mu Si and Bon Ten have demonstrated a lack of *de jure* and *de facto* control, we have preliminarily determined they are eligible for a separate rate. Surrogate Country When the Department is reviewing imports from an NME country, section 773(c)(1) of the the Act directs it to base NV, in most circumstances, on the NME producer's factors of production (“FOPs”), valued in a surrogate market economy country or countries considered to be appropriate by the Department. In accordance with section 773(c)(4) of the Act, in valuing the FOPs, the Department shall utilize, to the extent possible, the prices or costs of FOPs in one or more market economy countries that are:
(1)at a level of economic development comparable to that of the NME country; and
(2)significant producers of comparable merchandise. The sources of the surrogate factor values are discussed under the “Normal Value” section below and in the Memorandum to the File, “New Shipper Review of Wooden Bedroom Furniture from the People's Republic of China: Surrogate Values for the Preliminary Results,” dated May 27, 2008 (“Factor Valuation Memorandum”). The Department has determined that India, Sri Lanka, Egypt, Indonesia, and the Philippines, are comparable to the PRC in terms of economic development. *See* the Memorandum regarding, “New Shipper Review of Wooden Bedroom Furniture from the People's Republic of China: Request for a List of Surrogate Countries,” dated October 3, 2007. It is the Department's practice to select from among these countries based on the availability and reliability of data. *See* Department Policy Bulletin No. 04.1: Non-Market Economy Surrogate Country Selection Process (March 1, 2004). In the final results of the first administrative review of the Order, the most recently completed segment of this proceeding, the Department used India as the surrogate country for the PRC. However, in the ongoing second administrative review, the Department preliminarily selected the Philippines as the surrogate country because, in addition to the Philippines meeting the economic comparability and significant producer factors, the financial data from the Philippines better reflected the overall experience of producers of comparable merchandise in a surrogate country. Unlike the ongoing administrative review, for these new shipper reviews, there is no information on the record which would enable us to consider the Philippines as a surrogate country. Therefore, the Department is preliminarily selecting India as the surrogate country for the PRC. India is at a level of economic development comparable to that of the PRC; it is a significant producer of comparable merchandise; and the Department has reliable, publicly available data from India that it can use to value the FOPs. Fair Value Comparisons To determine whether sales of the subject merchandise made by Mu Si and Bon Ten to the United States were at prices below NV, the Department compared each company's export price (“EP”) to NV, as described below. Export Price In accordance with section 772(a) of the Act, the Department calculated the EP for sales to the United States for Mu Si and Bon Ten because the first sale to an unaffiliated party was made before the date of importation and the use of constructed EP was not otherwise warranted. The Department calculated EP based on the price to unaffiliated purchasers in the United States. In accordance with section 772(c) of the Act, as appropriate, the Department deducted from the starting price to unaffiliated purchasers foreign inland freight, and brokerage and handling. For Mu Si and Bon Ten, each of these services was either provided by an NME vendor or paid for using an NME currency. Thus, the Department based the deduction of these movement charges on surrogate values. *See* Factor Valuation Memorandum for details regarding the surrogate values for movement expenses. Normal Value Section 773(c)(1) of the Act provides that the Department shall determine NV using an FOP methodology if:
(1)the merchandise is exported from an NME country; and
(2)the information does not permit the calculation of NV using home market prices, third country prices, or constructed value under section 773(a) of the Act. When determining NV in an NME context, the Department will base NV on FOPs because the presence of government controls on various aspects of these economies renders price comparisons and the calculation of production costs invalid under our normal methodologies. Under section 773(c)(3) of the Act, FOPs include but are not limited to:
(1)hours of labor required;
(2)quantities of raw materials employed;
(3)amounts of energy and other utilities consumed; and
(4)representative capital costs. The Department used FOPs reported by respondents for materials, energy, labor and packing. In accordance with 19 CFR 351.408(c)(1), the Department will normally use publicly available information to find an appropriate SV to value FOPs, but when a producer sources an input from a market economy and pays for it in market-economy currency, the Department may value the factor using the actual price paid for the input. *See Lasko Metal Products, Inc. v. United States* , 43 F.3d 1442, 1446 (Fed. Cir. 1994). However, when the Department has reason to believe or suspect that such prices may be distorted by subsidies, the Department will disregard the market economy purchase prices and use SVs to determine the NV. *See Brake Rotors From the People's Republic of China: Final Results of Antidumping Duty Administrative and New Shipper Reviews and Partial Rescission of the 2005-2006 Administrative Review* , 72 FR 42386 (August 2, 2007) (“ *Brake Rotors* ”), and accompanying Issues and Decision Memorandum at Comment 1. In avoiding the use of prices that may be subsidized, the Department does not conduct a formal investigation to ensure that such prices are not subsidized, but rather relies on information that is generally available at the time of its determination. *See* H.R. Rep. 100-576, at 590-91 (1988), reprinted in 1988 U.S.C.C.A.N. 1547, 1623-24. It is the Department's practice to find a reason to believe or suspect that inputs may be subsidized if the facts developed in the United States or third country countervailing duty findings indicate the existence of subsidies that appear to be used generally (in particular, broadly available, non-industry-specific export subsidies. *See Brake Rotors and China National Machinery Imp. & Exp. Corp. v. United States* , 293 F. Supp. 2d 1334, 1338-39 (CIT 2003). The Department has reason to believe or suspect that prices of inputs from Indonesia, South Korea, and Thailand may have been subsidized. Through other proceedings, the Department has learned that these countries maintain broadly available, non-industry-specific export subsidies and, therefore, finds it reasonable to infer that all exports to all markets from these countries may be subsidized. *See e.g.* , *Brake Rotors* at Comment 1. Accordingly, the Department has disregarded prices from Indonesia, South Korea, and Thailand in calculating the Indian import-based SVs. Factor Valuations In accordance with section 773(c) of the Act, the Department calculated NV based on FOPs reported by respondents for the POR. To calculate NV, the Department multiplied the reported per-unit factor consumption quantities by publicly available Indian SVs (except as noted below). In selecting the SVs, the Department considered the quality, specificity, and contemporaneity of the data. As appropriate, the Department adjusted input prices by including freight costs to make them delivered prices. Specifically, the Department added to Indian import SVs a surrogate freight cost using the shorter of the reported distance from the domestic supplier to the factory or the distance from the nearest seaport to the factory where appropriate ( *i.e.* , where the sales terms for the market-economy inputs were not delivered to the factory). This adjustment is in accordance with the decision of the U.S. Court of Appeals for the Federal Circuit in *Sigma Corp. v. United States* , 117 F.3d 1401, 1407-08 (Fed. Cir. 1997). For a detailed description of all SVs used to value the respondents' reported FOPs, *see* Factor Valuation Memorandum. During the POR, Mu Si and Bon Ten purchased all or a portion of certain inputs from a market economy supplier and paid for these inputs in a market economy currency. The Department has instituted a rebuttable presumption that market economy input prices are the best available information for valuing an input when the total volume of the input purchased from all market economy sources during the period of investigation or review exceeds 33 percent of the total volume of the input purchased from all sources during the period. *See Antidumping Methodologies: Market Economy Inputs, Expected Non-Market Economy Wages, Duty Drawback; and Request for Comments* , 71 FR 61716 (October 19, 2006) (“Market Economy Inputs”). In these cases, unless case-specific facts provide adequate grounds to rebut the Department's presumption, the Department will use the weighted-average market economy purchase price to value the input. Alternatively, when the volume of an NME firm's purchases of an input from market economy suppliers during the period is below 33 percent of its total volume of purchases of the input during the period, but where these purchases are otherwise valid and there is no reason to disregard the prices, the Department will weight average the weighted-average market economy purchase price with an appropriate SV according to their respective shares of the total volume of purchases, unless case-specific facts provide adequate grounds to rebut the presumption. Where the quantity of the input purchased from market-economy suppliers is insignificant, the Department will not rely on the price paid by an NME producer to a market-economy supplier because it cannot have confidence that a company could fulfill all its needs at that price. Furthermore, when a firm has made market economy input purchases that may have been dumped or subsidized, are not *bona fide* , or are otherwise not acceptable for use in a dumping calculation, the Department will exclude them from the numerator of the ratio to ensure a fair determination of whether valid market economy purchases meet the 33-percent threshold. Consistent with the aforementioned methodology, the Department valued Mu Si's and Bon Ten's inputs using the market economy prices paid for the inputs where the total volume of the input purchased from all market economy sources during the POR exceeded 33 percent of the total volume of the input purchased from all sources during that period. Alternatively, when the volume of Mu Si's and Bon Ten's purchases of an input from market economy suppliers during the POR was below 33 percent of the company's total volume of purchases of the input during the POR, the Department weight averaged the weighted-average market economy purchase price with an appropriate SV according to their respective shares of the total volume of purchases, as appropriate. Where appropriate, the Department increased the market economy prices of inputs by freight and brokerage and handling expenses. *See* Factor Valuation Memorandum; *see also* Memorandum to the File, “Company Analysis Memorandum in the Antidumping Duty New Shipper Review of Wooden Bedroom Furniture from the People's Republic of China: Mu Si,” dated May 27, 2008 and Memorandum to the File “Company Analysis Memorandum in the Antidumping Duty New Shipper Review of Wooden Bedroom Furniture from the People's Republic of China: Bon Ten,” dated May 27, 2008 (for a detailed description of all actual values used for market-economy inputs.). In order to calculate SVs for the reported FOPs purchased from NME sources, the Department used contemporaneous import data from the World Trade Atlas online, published by the Directorate General of Commercial Intelligence and Statistics, Ministry of Commerce of India. Among the FOPs for which the Department calculated SVs using Indian Import Statistics are plywood, woodscrews, dowels, glue, paint, drawerslides, abrasive paper, and packing materials. For a complete listing of all the inputs and the valuation for each mandatory respondent. *See* Factor Valuation Memorandum. Where the Department could not obtain information contemporaneous with the POR with which to value FOPs, the Department adjusted the SVs using, where appropriate, the Indian Wholesale Price Index (“WPI”) available at the website of the Office of the Economic Adviser, Ministry of Commerce and Industry, Government of India, http://eaindustry.nic.in/. *See* Factor Valuation Memorandum. For direct labor, indirect labor, and packing labor, consistent with 19 CFR 351.408(c)(3), the Department used the PRC regression-based wage rate as reported on Import Administration's website, Import Library, Expected Wages of Selected NME Countries, revised in May 2008, using 2005 data, http://ia.ita.doc.gov/wages/05wages/05wages-051608.html#table1. The source of these wage-rate data is the International Labour Organization, Geneva, Labour Statistics Database, Copyright International Labour Organization, 1998-2007 Yearbook, Selection: years: 2004-2005, Chapter 5B: Wages in Manufacturing. Because this regression-based wage rate does not separate the labor rates into different skill levels or types of labor, the Department has applied the same wage rate to all skill levels and types of labor reported by the respondents. *See* Factor Valuation Memorandum. To value electricity, the Department used data from the International Energy Agency *Key World Energy Statistics* (2003 edition). *See* Factor Valuation Memorandum. Because the value was not contemporaneous with the POR, the Department adjusted the rate for inflation. To calculate the value for domestic brokerage and handling, the Department used information from the public version of two questionnaire responses placed on the record of two separate antidumping proceedings. The first source was December 2003-November 2004 data contained in the public version of Essar Steel's February 28, 2005 questionnaire response submitted in the antidumping duty administrative review of hot-rolled carbon steel flat products from India. * See Certain Hot- Rolled Carbon Steel Flat Products from India: Notice of Preliminary Results of Antidumping Duty Administrative Review * , 71 FR 2018 (January 12, 2006) (unchanged in the final results, *Certain Hot-Rolled Carbon Steel Flat Products From India: Final Results of Antidumping Duty Administrative Review* , 71 FR 40694 (July 18, 2006)). This value was averaged with the February 2004-January 2005 data contained in the public version of Agro Dutch Industries Limited's (“Agro Dutch”) May 24, 2005 questionnaire response submitted in the administrative review of the antidumping duty order on certain preserved mushrooms from India. *See Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review* , 70 FR 37757 (June 30, 2005). The brokerage expense data reported by Essar Steel and Agro Dutch in their public versions are ranged data. The Department derived an average per-unit amount from each source and then adjusted each average rate for inflation using the WPI. The Department then averaged the two per-unit amounts to derive an overall average rate for the POR. *See* Factor Valuation Memorandum. The Department used Indian transport information in order to value the freight-in cost of the raw materials. The Department determined the best available information for valuing truck and rail freight to be from www.infreight.com. This source provides daily rates from six major points of origin to five destinations in India during the POR. The Department obtained a price quote on the first day of each month of the POR from each point of origin to each destination and averaged the data accordingly. *See* Factor Valuation Memorandum. To value factory overhead, selling, general, and administrative expenses (“SG&A”), and profit, the Department used the audited financial statements for the fiscal year ending March 31, 2007, from twelve Indian producers of comparable merchandise. From this information, the Department was able to determine factory overhead as a percentage of the total raw materials, labor and energy (“ML&E”) costs; SG&A as a percentage of ML&E plus overhead ( *i.e.* , cost of manufacture); and the profit rate as a percentage of the cost of manufacture plus SG&A. For further discussion, *see* Factor Valuation Memorandum. Preliminary Results of Reviews The Department preliminarily determines that the following weighted-average dumping margins exist for the period January 1, 2007, through July 31, 2007: Wooden Bedroom Furniture from the PRC Producer/Exporter Weighted-Average Margin (Percent) Dongguan Bon Ten Furniture Co., Ltd./Dongguan Bon Ten Furniture Co., Ltd. 0.00 Dongguan Mu Si Furniture Co., Ltd./Dongguan Mu Si Furniture Co., Ltd. 103.55 Disclosure and Public Comment The Department will disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit written comments no later than 30 days after the date of publication of these preliminary results of review. *See* 19 CFR 351.309(c). Rebuttals to written comments may be filed no later than five days after the written comments are filed. *See* 19 CFR 351.309(d). Further, parties submitting written comments and rebuttal comments are requested to provide the Department with an additional copy of those comments on diskette. Any interested party may request a hearing within 30 days of publication of these preliminary results. *See* 19 CFR 351.310(c). If requested, a hearing normally will be held seven days after the scheduled date for submission of rebuttal comments. *See* 19 CFR 351.310(d). The Department will issue the final results of these NSRs, which will include the results of its analysis of any issues raised in written comments, within 90 days of the date on which these preliminary results are issued, in accordance with 19 CFR 351.214(i)(1), unless the time limit is extended. *See* 19 CFR 351.214(i)(1). Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of reviews. If these preliminary results are adopted in our final results of reviews, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), the Department will calculate importer-specific (or customer) *ad valorem* duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. The Department will instruct CBP to assess antidumping duties on all appropriate entries covered by these reviews if any importer-specific assessment rate calculated in the final results of these reviews is above *de minimis* . Cash Deposit Requirements On August 17, 2006, the Pension Protection Act of 2006 (“H.R. 4”) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct CBP to collect a bond or other security in lieu of a cash deposit in NSRs. Therefore, the posting of a bond under section 751(a)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. The following cash deposit requirements will be effective upon publication of the final results of these NSRs for shipments of subject merchandise from the Mu Si and Bon Ten entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act:
(1)Subject merchandise produced and exported by Mu Si or produced and exported by Bon Ten, the cash deposit rate will be that established in the final results of these reviews;
(2)subject merchandise exported by Mu Si but not produced by MuSi and subject merchandise exported by Bon Ten but not produced by Bon Ten, the cash deposit rate will continue to be the PRC-wide rate of 216.01 percent;
(3)for subject merchandise produced by Mu Si or Bon Ten, and exported by any party but themselves, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The Department is issuing and publishing this determination in accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i) of the Act, and 19 CFR 351.214(h) and 351.221(b)(4). Dated: May 27, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-12762 Filed 6-5-08; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF COMMERCE International Trade Administration [A-423-808] Stainless Steel Plate in Coils From Belgium: Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel plate in coils
(SSPC)from Belgium. For the period May 1, 2006, through April 30, 2007, we have preliminarily determined that U.S. sales have been made below normal value (NV). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection
(CBP)to assess antidumping duties based on the difference between the constructed export price
(CEP)and NV. *See* “Preliminary Results of Review” section of this notice. Interested parties are invited to comment on these preliminary results. EFFECTIVE DATE: June 6, 2008. FOR FURTHER INFORMATION CONTACT: Cindy Robinson or George McMahon, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone
(202)482-3797 or
(202)482-1167, respectively. Background On May 1, 2007, the Department issued a notice of opportunity to request an administrative review of this order for the period of review
(POR)May 1, 2006, through April 30, 2007. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 72 FR 23796 (May 1, 2007). On May 31, 2007, the Department received timely requests for an administrative review of this order from the Petitioners, Allegheny Ludlum Corporation, North American Stainless, United Auto Workers Local 3303, Zanesville Armco Independent Organization, and the United Steelworkers of America, AFL-CIO/CLC (collectively, Petitioners), and the respondent, Ugine & ALZ Belgium (U&A Belgium), respectively. On June 29, 2007, we published a notice initiating an administrative review of the antidumping duty order on SSPC from Belgium covering one respondent, U&A Belgium. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review* , 72 FR 35690 (June 29, 2007). On May 11, 2007, the Department received a request from U&A Belgium for a scope determination that the antidumping and countervailing duty orders on SSPC from Belgium exclude stainless steel products with an actual thickness less than 4.75mm, regardless of nominal thickness. The Department initiated a formal scope inquiry of the SSPC orders 1 on July 23, 2007. On November 16, 2007, and on January 15, 2008, the Department extended the deadline to issue a final scope ruling under 19 CFR 351.302(b). *See* Memoranda To All Interested Parties RE: Stainless Steel Plate in Coils from Belgium Scope Inquiry, dated November 16, 2007 and January 15, 2008, respectively. 1 *See Notice of Amended Final Determinations: Stainless Steel Plate in Coils from Belgium and South Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate in Coils from Belgium, Italy and South Africa,* 64 FR 25288 (May 11, 1999); *Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan,* 64 FR 27756 (May 21, 1999); *Notice of Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan,* 68 FR 11520 (March 11, 2003); and *Amended Countervailing Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Italy, and South Africa,* 68 FR 11524 (March 11, 2003). On July 13, 2007, the Department issued a questionnaire to U&A Belgium. We received U&A Belgium's response to Section A of the Department's questionnaire on September 11, 2007, and Sections B-D on September 28, 2007. On January 18, 2008, the Department issued an extension of the deadline for the preliminary results of this antidumping duty administrative review from January 31, 2008, until May 30, 2008. *See Stainless Steel Plate in Coils From Belgium: Notice of Extension of Time Limit for Preliminary Results of Administrative Review* , 73 FR 3453 (January 18, 2008). On October 29, 2007, the Department received comments from the Petitioners on the Sections A through C responses for U&A Belgium. On January 24, 2008, the Petitioners submitted comments requesting that the Department conduct verification of the responses submitted by U&A Belgium. On February 5, 2008, U&A Belgium submitted comments urging the Department to reject the request for verification made by the Petitioners. After reviewing the Sections A through D responses from U&A Belgium, the Department issued supplemental questionnaires to U&A Belgium. The Department issued additional supplemental questions, after reviewing U&A Belgium's supplemental questionnaire response. On January 18, 2008, the Department postponed the preliminary results by 120 days. *See Stainless Steel Plate in Coils From Belgium: Notice of Extension of Time Limit for Preliminary Results of Administrative Review* , 73 FR 3453 (January 18, 2008). U&A Belgium's Reported Merger U&A Belgium reported that it is wholly owned by Arcelor S.A. and stated that Arcelor S.A. is in the process of merging with Mittal Steel, N.V. (Mittal) to form Arcelor Mittal S.A. Specifically, U&A Belgium reported that “{i}n June 2006, Arcelor and Mittal Steel signed a memorandum of understanding outlining the terms of a merger. The subsequent merger agreement was signed in May 2007.” *See* U&A Belgium's September 11, 2007, Section A Questionnaire Response at 10. U&A Belgium stated that the merger was structured as a two-step process. The first step, the merger of Mittal Steel into its wholly owned non-operating subsidiary ArcelorMittal, was completed in August 2007. The second step, the integration of ArcelorMittal into Arcelor S.A., was completed in November 2007, and the company was immediately renamed ArcelorMittal. As a result, the entire merger is now complete, effective November 2007. U&A Belgium stated that “{w}hile the merger was not technically completed during the review period, U&A Belgium prepared its responses to the Department's questionnaires as if ArcelorMittal were fully consolidated.” *See* U&A Belgium's April 15, 2008, Sections A-C Supplemental Questionnaire Response (April 15, 2008 SQR) at 1. U&A Belgium also reported “that the merger has had no impact on U&A Belgium's production and sale of subject merchandise. In particular, there has been no change to U&A Belgium's inputs from affiliates within the review period resulting from the merger with Mittal Steel. There has also been no change to U&A Belgium's sales to affiliates within the POR resulting from the merger with Mittal Steel.” *Id.* at 2. Quarterly Costs In its Section A-C questionnaire response dated January 29, 2008, at 39-44, U&A Belgium provided information regarding its input costs for the POR and claimed that the use of a single weighted average for the POR would distort the margin calculations. Therefore, instead of using single weighted-average CONNUM-specific costs for the POR, U&A Belgium urged the Department to consider employing a quarterly weighted-average cost methodology in this segment of the proceeding. On March 17, 2008, the Petitioners submitted comments claiming that the Department's standard practice of using a single weighted-average cost for the POR remains proper in the instant case. As a result, the Petitioners urge the Department to reject U&A Belgium's proposal to use quarterly weighted-average costs in this administrative review. On May 15, 2008, U&A Belgium provided rebuttal comments attesting that the record evidence and the extraordinary circumstances present in this review warrant a departure from the Department's normal practice of using annual costs. On May 22, 2008, the Petitioners submitted additional comments reiterating their claim that it is inappropriate for the Department to use quarterly costs in this review. The Petitioners argue that U&A Belgium has provided insufficient quantitative and qualitative analyses, particularly related to pricing practices and trends in the home market, to support using a quarterly cost methodology. On May 27, 2008, U&A Belgium submitted comments that rebut the comments addressed in the Petitioner's May 22, 2008, letter. Specifically, U&A Belgium rebuts that quarterly cost periods can be quantified, there is a sufficient number of sales to determine that prices changed significantly over the POR, and the alloy surcharge mechanism is a pass-through pricing mechanism. Furthermore, U&A Belgium contends that certain proprietary issues discussed by the Petitioners are irrelevant to the issue of quarterly costs, U&A Belgium correctly calculated its reported finance expenses, and there is no need for verification in this review. The Department considered the sales and cost information reported by U&A Belgium, in addition to the comments submitted by both the Petitioners and U&A Belgium. Based on our analysis, we preliminarily find that it is appropriate to use U&A Belgium's annual weighted-average costs for this review. The Department recently requested public comment regarding the impact of cost changes on the cost averaging period. *See Antidumping Methodologies for Proceedings that Involve Significant Cost Changes Throughout the Period of Investigation (POI)/Period of Review
(POR)that May Require Using Shorter Cost Averaging Periods; Request for Comment* , 73 FR 26364 (May 9, 2008) (Antidumping Methodologies; Request for Comment). Although the Department has calculated U&A Belgium's costs on an annual basis for these preliminary results, we intend to consider this issue further within the context of our analysis of the comments that will be received, pursuant to the Antidumping Methodologies; Request for Comment. We expect to provide a memorandum discussing the results of our analysis of the comments received, in order to give the parties to this proceeding an opportunity to comment for the final determination. Scope of the Order The product covered by this order is certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed ( *e.g.* , cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of this order are the following:
(1)Plate not in coils,
(2)plate that is not annealed or otherwise heat treated and pickled or otherwise descaled,
(3)sheet and strip, and
(4)flat bars. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this order is dispositive. Analysis Product Comparisons In accordance with section 771(16) of the Tariff Act of 1930, as amended (the Act), we considered all products produced by the respondent that are covered by the description contained in the “Scope of the Order” section above and were sold in the home market during the POR, to be the foreign like product for purposes of determining appropriate product comparisons to U.S. sales. Where there were no sales of identical merchandise in the home market to compare to U.S. sales, we compared U.S. sales to the most similar foreign like product on the basis of the characteristics listed in Appendix V of the initial antidumping questionnaire we provided to U&A Belgium. *See* U&A Belgium Antidumping Questionnaire, dated July 13, 2007, on the record in the Central Records Unit (CRU), Room 1117 of the Main Commerce Building. Normal Value Comparisons To determine whether sales of subject merchandise to the United States were made at less than normal value, we compared CEP to NV, as described in the “Constructed Export Price” and “Normal Value” sections of this notice. In accordance with section 777A(d)(2) of the Act, we calculated monthly weighted-average prices for NV and compared these to individual U.S. transaction prices. Home Market Viability In accordance with section 773(a)(1)(C) of the Act, to determine whether there was a sufficient volume of sales in the home market to serve as a viable basis for calculating NV, we compared U&A Belgium's volume of home market sales of the foreign like product to the volume of U.S. sales of the subject merchandise. Pursuant to section 773(a)(1)(B) and 19 CFR 351.404(b), because U&A Belgium's aggregate volume of home market sales of the foreign like product was greater than 5 percent of its aggregate volume of U.S. sales of the subject merchandise, we determined that the home market was viable. Moreover, there is no evidence on the record supporting a particular market situation in the exporting company's country that would not permit a proper comparison of home market and U.S. prices. Constructed Export Price In accordance with section 772(b) of the Act, CEP is the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of importation by or for the account of the producer or exporter of such merchandise, or by a seller affiliated with the producer or exporter, to a purchaser not affiliated with the producer or exporter. As stated at 19 CFR 351.401(i), the Department will use the respondent's invoice date as the date of sale unless another date better reflects the date upon which the exporter or producer establishes the essential terms of sale. U&A Belgium reported the invoice date as the date of sale for both the U.S. market and the home market because the date of invoice reflects the date on which the material terms of sale were finalized. For purposes of this review, U&A Belgium classified all of its export sales of SSPC to the United States as CEP sales. During the POR, U&A Belgium made sales in the United States through its U.S. affiliate, Arcelor Stainless USA (AS USA), which then resold the merchandise to unaffiliated customers in the United States. The Department calculated CEP based on packed prices to customers in the United States. We made deductions from the starting price, net of discounts, for movement expenses (foreign and U.S. movement, U.S. customs duty and brokerage, and post-sale warehousing) in accordance with section 772(c)(2) of the Act and 19 CFR 351.401(e). In addition, because U&A Belgium reported CEP sales, in accordance with section 772(d)(1) of the Act, we deducted from the starting price, credit expenses, warranty expenses, and indirect selling expenses, including inventory carrying costs, incurred in the United States and Belgium and associated with economic activities in the United States. Normal Value In accordance with section 773(a)(1)(B)(i) of the Act, we have based NV on the price at which the foreign like product was first sold for consumption in the home market, in the usual commercial quantities and in the ordinary course of trade. In addition, because the NV level of trade
(LOT)is at a more advanced stage of distribution than the CEP LOT, and available data provide no appropriate basis to determine an LOT adjustment between NV and CEP, we made a CEP offset pursuant to section 773(a)(7)(B) of the Act ( *see* “Level of Trade” section, below). We used sales to affiliated customers only where we determined such sales were made at arm's-length prices ( *i.e.* , at prices comparable to the prices at which the respondent sold identical merchandise to unaffiliated customers). Arm's-Length Test Sales to affiliated customers in the home market not made at arm's length were excluded from our analysis. To test whether these sales were made at arm's length, we compared the starting prices of sales to affiliated and unaffiliated customers net of all movement charges, direct selling expenses, discounts, and packing. In accordance with the Department's current practice, if the prices charged to an affiliated party were, on average, between 98 and 102 percent of the prices charged to unaffiliated parties for merchandise identical or most similar to that sold to the affiliated party, we consider the sales to be at arm's-length prices. *See* 19 CFR 351.403(c). Conversely, where the affiliated party did not pass the arm's-length test, all sales to that affiliated party have been excluded from the NV calculation. *See Antidumping Proceedings: Affiliated Party Sales in the Ordinary Course of Trade* , 67 FR 69186 (November 15, 2002). Cost of Production The Department disregarded sales below the cost of production
(COP)in the last completed review. *See Stainless Steel Plate in Coils From Belgium: Final Results of Antidumping Administrative Review* , 70 FR 72789 (December 7, 2005). We therefore have reasonable grounds to believe or suspect, pursuant to section 773(b)(2)(A)(ii) of the Act, that sales of the foreign like product under consideration for the determination of NV in this review may have been made at prices below COP. Thus, pursuant to section 773(b)(1) of the Act, we examined whether U&A Belgium's sales in the home market were made at prices below the COP. We compared sales of the foreign like product in the home market with model-specific COP figures. In accordance with section 773(b)(3) of the Act, we calculated COP based on the sum of the costs of materials and fabrication employed in producing the foreign like product, plus selling, general and administrative (SG&A) expenses, financial expenses and all costs and expenses incidental to placing the foreign like product in packed condition and ready for shipment. In our sales-below-cost analysis, we relied on home market sales and COP information provided by U&A Belgium in its questionnaire responses, except for the reported financial expense ratio. We made adjustments to the consolidated financial expense ratio to exclude long-term interest income and include certain financial costs and gains recognized by the parent company in its 2006 fiscal year income statement. *See* Memorandum from Angela Strom, Accountant, to Neal Halper, Director, Office of Accounting, entitled “Cost of Production and Constructed Value Calculation Adjustments for the Preliminary Determination Results—U&A Belgium,” dated May 30, 2008. We compared the weighted-average model-specific COPs to home market sales of the foreign like product, as required under section 773(b) of the Act, in order to determine whether these sales had been made at prices below the COP. In determining whether to disregard home market sales made at prices below the COP, we examined whether such sales were made
(1)within an extended period of time in substantial quantities, and
(2)at prices which did not permit recovery of all costs within a reasonable period of time in the normal course of trade, in accordance with sections 773(b)(1)(A) and
(B)of the Act. On a product-specific basis, we compared the COP to home market prices, less any movement charges, discounts, and direct and indirect selling expenses. Pursuant to section 773(b)(2)(C) of the Act, where less than 20 percent of the respondent's sales of a given product were at prices which represent less than the COP, we did not disregard any below-cost sales of that product because the below-cost sales were not made in substantial quantities within an extended period of time. Where 20 percent or more of the respondent's sales of a given product were at prices which represented less than the COP, we determined that they were made in substantial quantities within an extended period of time, in accordance with section 773(b)(2)(C) of the Act. Because we compared prices to POR-average costs, we also determined that the below-cost prices did not permit the recovery of costs within a reasonable period of time, in accordance with section 773(b)(1)(B) of the Act. Therefore, we disregarded the below-cost sales and used the remaining sales, if any, as the basis for NV, in accordance with section 773(b)(1) of the Act. CEP to NV Comparison For those sales at prices above COP, we based NV on home market prices to affiliated (when made at prices determined to be at arm's length) or unaffiliated parties, in accordance with 19 CFR 351.403. Home market starting prices were based on packed prices to affiliated or unaffiliated purchasers in the home market, net of discounts. We made adjustments, where applicable, for packing and movement expenses, in accordance with sections 773(a)(6)(A) and
(B)of the Act. We also made adjustments for differences in costs attributable to differences in physical characteristics of the merchandise pursuant to section 773(a)(6)(C)(ii) of the Act. For comparison to CEP, we deducted home market direct selling expenses pursuant to section 773(a)(6)(C)(iii) of the Act and 19 CFR 351.410(c). Section 773(a)(4) of the Act provides that where NV cannot be based on comparison-market sales, NV may be based on constructed value (CV). Accordingly, for those products for which we could not determine the NV based on comparison-market sales, either because there were no useable sales of a comparable product or all sales of the comparable products failed the COP test, we based NV on CV. Section 773(e) of the Act provides that CV shall be based on the sum of the cost of materials and fabrication for the imported merchandise, plus amounts SG&A and interest expenses, profit, and U.S. packing costs. We calculated the cost of materials and fabrication based on the methodology described in the “Cost of Production Analysis” section, above. We based SG&A and interest expenses and profit on the actual amounts incurred and realized by respondent in connection with the production and sale of the foreign like product in the ordinary course of trade for consumption in the home market, in accordance with section 773(e)(2)(A) of the Act. We made adjustments to CV for differences in circumstances of sale in accordance with section 773(a)(8) of the Act and 19 CFR 351.410. For comparisons to CEP, we made circumstance-of-sale adjustments by deducting comparison market direct selling expenses from CV. *See* 19 CFR 351.410(c). Level of Trade In accordance with section 773(a)(1)(B)(i) of the Act, to the extent practicable, we determined NV based on sales in the comparison market at the same LOT as the U.S. sales. *See* 19 CFR 351.412. The NV LOT is the level of the starting-price sale in the comparison market or, when NV is based on CV, the level of the sales from which we derive SG&A and profit. For EP, the U.S. LOT is also the level of the starting-price sale, which is usually from exporter to importer. For CEP, it is the level of the constructed sale from the exporter to the importer. *See* 19 CFR 351.412. As noted above, U&A Belgium classified all its exported sales of SSPC as CEP sales. To determine whether NV sales are at a different LOT than CEP, we examine stages in the marketing process and selling functions along the chain of distribution between the producer and the unaffiliated customer. If the comparison-market sales are at a different LOT, and the difference affects price comparability, as manifested in a pattern of consistent price differences between the sales on which NV is based and comparison-market sales at the LOT of the export transaction, we make a LOT adjustment under section 773(a)(7)(A) of the Act. For CEP sales, if the NV level is at a more advanced stage of distribution than the CEP LOT and the data available do not provide a basis to determine a LOT adjustment, we adjust NV under section 773(a)(7)(B) of the Act (the CEP offset provision). *See, e.g., Final Determination of Sales at Less Than Fair Value: Greenhouse Tomatoes From Canada* , 67 FR 8781 (February 26, 2002); *see also Notice of Final Determination of Sales at Less than Fair Value: Certain Cut-to-Length Carbon Steel Plate from South Africa* , 62 FR 61731 (November 19, 1997) and *Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from Brazil; Preliminary Results of Antidumping Duty Administrative Review* , 70 FR 17406 (April 6, 2005). For CEP sales, we consider only the selling activities reflected in the price after the deduction of expenses and CEP profit under section 772(d) of the Act. *See Micron Technology Inc.* v. *United States* , 243 F.3d 1301, 1314-1315 (Fed. Cir. 2001). We expect that, if the claimed LOTs are the same, the functions and activities of the seller should be similar. Conversely, if a party claims that the LOTs are different for different groups of sales, the functions and activities of the seller should be dissimilar. *See Porcelain-on-Steel Cookware from Mexico: Final Results of Administrative Review* , 65 FR 30068 (May 10, 2000). In the current review, U&A Belgium reported seven customer categories and indicated that its sales were made at a single channel of distribution for the sale of SSPC in Belgium through one LOT in the comparison market. Specifically, U&A Belgium reported that it sells SSPC to customers in the home market through its affiliated sales agents, U&A Benelux (regional sales office) and U&A S.A. (principal sales agent). U&A Belgium performs a variety of distinct selling functions in the comparison market. *See* Appendix A-15 of the September 11, 2007, Questionnaire Response. We examined the selling functions performed for the seven customer categories and found that the selling activities and services do not vary among them. *See* Memorandum from George McMahon to The File “Calculation Memorandum for Ugine & ALZ, N.V. Belgium (U&A Belgium) for the Preliminary Results of the Sixth Administrative Review of Stainless Steel Plate in Coils
(SSPC)from Belgium,” dated May 30, 2008 (Sales Calculation Memorandum). Therefore, we preliminarily conclude that U&A Belgium's sales in the home market constitute one LOT. U&A Belgium reported two channels of distribution and two LOTs in the U.S. market. U&A Belgium's two U.S. channels of distribution are: 1) Direct sales by AS USA of made-to-order merchandise produced by U&A Belgium to end-users and unaffiliated distributors, and 2) warehouse sales by AS USA of merchandise imported from U&A Belgium and stocked by AS USA. *See* September 11, 2007, Section A, Volume I, Questionnaire Response at 16-17; *see also* April 15, 2008 SQR at 20. U&A Belgium performed several selling functions in the United States in connection with the sale of SSPC. The selling functions that U&A Belgium independently performed for its U.S. sales are limited to: handling product information and training sessions, freight arrangements, packing, and technical services. In addition, U&A Belgium and AS USA performed the following four sales functions jointly in both sales channels in the United States: Product information and training sessions, advertising to customers, freight arrangements, and after sales servicing support or claims. In our comparison of the U.S. and home market LOTs, we eliminated from consideration selling functions performed by AS USA and only considered the portion of the selling functions performed by U&A Belgium after making adjustments under section 772(d) of the Act. Our analysis of these selling functions performed by U&A Belgium in the United States shows that the selling activities and services do not vary according to the type of customer for sales within each channel of distribution. Because we find that there is no variation in type or level of services provided by U&A Belgium for the channels of distribution in the United States, we preliminarily determine that there is only one LOT in the U.S. market. *See* “Sales Calculation Memorandum.” Moreover, we find that the distribution channels and selling functions reported by U&A Belgium for the instant review are consistent with those reported in the prior administrative review of SSPC from Belgium, in which case the Department determined that U&A Belgium sold through only one LOT in the U.S. market. *See* Memorandum entitled “Analysis for Ugine & ALZ, N.V. Belgium (U&A Belgium) for the Preliminary Results of the Fifth Administrative Review of Stainless Steel Plate in Coils
(SSPC)from Belgium,” dated May 31, 2005, at 2. U&A Belgium and its affiliated agent for global sale and distribution of stainless steel flat products produced in Belgium and France, U&A S.A., perform all home market selling activities. Selling functions for the U.S. market, as indicated above, are primarily performed by AS USA, with the exception of two selling functions handled solely by U&A Belgium, and two selling functions that are performed jointly by Arcelor Stainless International (ASI), AS USA, and U&A S.A. We compared the U.S. and home market LOTs and preliminarily determined that, after eliminating from consideration selling functions performed by AS USA (pursuant to section 772(d) of the Act), U&A Belgium's home market LOT is at a more advanced stage of distribution than the CEP LOT. Due to the proprietary nature of the discussion, *see* the “Sales Calculation Memorandum” for additional detail. We then considered whether we could make a LOT adjustment. In this case, U&A Belgium only sold at one LOT in the comparison market; therefore, there is no information available to determine a pattern of consistent price differences between the sales on which NV is based and the comparison market sales at the LOT of the export transaction, in accordance with the Department's normal methodology as described above. *See* 19 CFR 351.412(d). Further, we do not have record information which would allow us to examine pricing patterns based on the respondent's sales of other products, and there are no other respondents or other record information on which such an analysis could be based. Accordingly, because only one LOT exists in the home market we could not make a LOT adjustment. However, because the LOT in the comparison market is at a more advanced stage of distribution than the LOT of the CEP transactions, we made a CEP offset adjustment in accordance with section 773(a)(7)(B) of the Act and 19 CFR 351.412(f). This offset is equal to the amount of indirect selling expenses incurred in the comparison market not exceeding the amount of indirect selling expenses and commissions deducted from the U.S. price in accordance with section 772(d)(1)(D) of the Act. For a detailed discussion, *see* “Sales Calculation Memorandum.” Currency Conversion We made currency conversions pursuant to 19 CFR 351.415 based on the exchange rates certified by the Federal Reserve Bank. Preliminary Results of Review We preliminarily determine that for the period May 1, 2006, through April 30, 2007, the following dumping margin exists: Manufacturer/Exporter Margin (percent) U&A Belgium 12.68 Duty Assessment and Cash Deposit Requirements The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b), the Department calculates an assessment rate for each importer of the subject merchandise for each respondent. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of this review. Furthermore, the following cash deposit rates will be effective with respect to all shipments of SSPC from Belgium entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as provided for by section 751(a)(1) of the Act:
(1)For U&A Belgium, the cash deposit rate will be the rate established in the final results of this review;
(2)for previously reviewed or investigated companies not listed above, the cash deposit rate will be the company-specific rate established for the most recent period;
(3)if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value
(LTFV)investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and
(4)if neither the exporter nor the manufacturer is a firm covered by this review, a prior review, or the LTFV investigation, the cash deposit rate shall be the all-others rate established in the LTFV investigation, which is 9.86 percent. *See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Plate in Coils From Belgium* , 64 FR 15476 (March 31, 1999). These deposit rates, when imposed, shall remain in effect until further notice. Public Comment Pursuant to 19 CFR 351.224(b), the Department will disclose to parties to the proceeding any calculations performed in connection with these preliminary results within five days after the date of publication of this notice. Pursuant to 19 CFR 351.309, interested parties may submit written comments in response to these preliminary results. Unless extended by the Department, case briefs are to be submitted within 30 days after the date of publication of this notice, and rebuttal briefs, limited to arguments raised in case briefs, are to be submitted no later than five days after the time limit for filing case briefs. Parties who submit arguments in this proceeding are requested to submit with the argument:
(1)a statement of the issues, and
(2)a brief summary of the argument. Case and rebuttal briefs must be served on interested parties in accordance with 19 CFR 351.303(f). Also, pursuant to 19 CFR 351.310(c), within 30 days of the date of publication of this notice, interested parties may request a public hearing on arguments to be raised in the case and rebuttal briefs. Unless the Secretary specifies otherwise, the hearing, if requested, will be held two days after the date for submission of rebuttal briefs. Parties will be notified of the time and location. The Department will publish the final results of this administrative review, including the results of its analysis of issues raised in any case or rebuttal brief, no later than 120 days after publication of these preliminary results, unless extended. *See* 19 CFR 351.213(h). Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results of this administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-12779 Filed 6-5-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [C-423-809] Stainless Steel Plate in Coils From Belgium: Preliminary Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is conducting an administrative review of the countervailing duty order on stainless steel plate in coils from Belgium for the period January 1, 2006, through December 31, 2006. We preliminarily find that Ugine & ALZ Belgium received countervailable subsidies during the period of review. If these preliminary results are adopted in our final results of this review, we will instruct the U.S. Customs and Border Protection to assess countervailing duties as detailed in the “Preliminary Results of Review” section of this notice. Interested parties are invited to comment on these preliminary results. See the “Public Comment” section of this notice. EFFECTIVE DATE: June 6, 2008. FOR FURTHER INFORMATION CONTACT: David Neubacher or Alicia Winston, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202)482-5823 and
(202)482-1785, respectively. SUPPLEMENTARY INFORMATION: Background On May 11, 1999, the Department of Commerce (“the Department”) published a countervailing duty order on stainless steel plate in coils (“SSPC”) from Belgium. *See Notice of Amended Final Determinations: Stainless Steel Plate in Coils from Belgium and South Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate in Coils from Belgium, Italy and South Africa,* 64 FR 25288 (May 11, 1999) ( *“CVD Order”* ). On March 11, 2003, as a result of litigation, the Department published an amended countervailing duty order on stainless steel plate in coils from Belgium. *See Notice of Amended Countervailing Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Italy, and South Africa,* 68 FR 11524 (March 11, 2003) ( *“Amended CVD Order”* ). On May 1, 2007, the Department published a notice of “Opportunity to Request Administrative Review” for this countervailing duty order. *See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review,* 72 FR 23796, 23797 (May 1, 2007). On May 31, 2007, we received a request for review from U&A. 1 In accordance with 19 CFR 351.221(c)(1)(i) (2004), we published a notice of initiation of the review on June 29, 2007. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review,* 72 FR 35690, 35693 (June 29, 2007) ( *“Initiation Notice”* ). 1 On June 20, 2007, Ugine & ALZ Belgium (“U&A”) provided a letter to the Department stating that the company was formerly ALZ N.V. (“ALZ”). On July 13, 2007, we issued countervailing duty questionnaires to the Government of Belgium (“GOB”), the Commission of the European Union (“EC”), and U&A. We received responses to these questionnaires on September 21, and 24, 2007. On April 3, 2008, we issued supplemental questionnaires to the GOB and U&A. We issued a further supplemental questionnaire to U&A on April 24, 2008. We received a response from U&A for both supplemental questionnaires on April 28, 2008. The GOB requested an extension to file its supplemental response, which we granted. The GOB, however, did not respond to the supplemental questionnaire by the extended deadline. We issued additional supplemental questionnaires to U&A on May 1, and 8, 2008, and received responses to our supplemental questionnaires on May 8, 13, 2008, and 16, 2008. On May 20, 2008, Allegheny Ludlum Corporation; North American Stainless; United Auto Workers Local 3303; Zanesville Arco Independent Organization; and the United Steelworkers of America, AFL-CIO/CLC (collectively, “the petitioners”) submitted comments for consideration in the preliminary results. We received a response from U&A to petitioners' pre-preliminary comments on May 22, 2008. On January 9, 2008, we published a postponement of the preliminary results in this review until May 30, 2008. *See Stainless Steel Plate in Coils from Belgium: Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review,* 73 FR 1599 (January 9, 2008). Scope of the Order The products covered by this order are imports of certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed ( *e.g.* , cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of this order are the following:
(1)Plate not in coils,
(2)plate that is not annealed or otherwise heat treated and pickled or otherwise descaled,
(3)sheet and strip, and
(4)flat bars. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (“HTSUS”) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05, 7219.12.00.06, 7219.12.00.20, 7219.12.00.21, 7219.12.00.25, 7219.12.00.26, 7219.12.00.50, 7219.12.00.51, 7219.12.00.55, 7219.12.00.56, 7219.12.00.65, 7219.12.00.66, 7219.12.00.70, 7219.12.00.71, 7219.12.00.80, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department's written description of the scope of this order remains dispositive. This scope language reflects the March 11, 2003, amendment of the antidumping and countervailing duty orders and suspension of liquidation which the Department implemented in accordance with the Court of International Trade (“CIT”) decision in *Allegheny Ludlum v. United States,* Slip Op. 02-147 (Dec. 12, 2002). *See,* also, *Notice of Amended Antidumping Orders; Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan,* 68 FR 11520 (March 11, 2003) and *Amended CVD Order.* Period of Review The period for which we are measuring subsidies, *i.e.* , the period of review (“POR”), is January 1, 2006, through December 31, 2006. Use of Facts Otherwise Available Sections 776(a)(1) and
(2)of the Act, provide that the Department shall apply “facts otherwise available” if, *inter alia,* necessary information is not on the record or an interested party or any other person:
(A)Withholds information that has been requested;
(B)fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and
(e)of section 782 of the Act;
(C)significantly impedes a proceeding; or
(D)provides information that cannot be verified as provided by section 782(i) of the Act. Where the Department determines that a response to a request for information does not comply with the request, section 782(d) of the Act provides that the Department will so inform the party submitting the response and will, to the extent practicable, provide that party the opportunity to remedy or explain the deficiency. If the party fails to remedy the deficiency within the applicable time limits and subject to section 782(e) of the Act, the Department may disregard all or part of the original and subsequent responses, as appropriate. Section 782(e) of the Act provides that the Department “shall not decline to consider information that is submitted by an interested party and is necessary to the determination but does not meet all applicable requirements established by the administering authority” if the information is timely, can be verified, is not so incomplete that it cannot be used, and if the interested party acted to the best of its ability in providing the information. Where all of these conditions are met, the statute requires the Department to use the information if it can do so without undue difficulties. In this case, the Department sent a supplemental questionnaire to the GOB seeking confirmation that U&A did not receive benefits during the 15-year average useful life of renewable physical assets (“AUL”) for programs under the program headings “Industrial Reconversion Zones;” “Regional Subsidies under the Economic Expansion Law of 1970 (GOB)” and “Regional Subsidies under the Economic Expansion Law of 1970 (Government of Flanders (“GOF”))”. The GOB, through U&A, requested an extension to respond to the supplemental questionnaire, which was granted until April 28, 2008. The GOB did not provide a response to the supplemental questionnaire by this deadline, but we received an extension request on May 6, 2008. The Department granted the GOB's request, but the GOB did not file a response by the May 19, 2008, deadline. On May 23, 2008, the Department received a letter from the GOB stating it was still working on providing a response to the supplemental questions and would submit an answer as soon as it becomes available. Thus, in reaching our finding for the preliminary results, pursuant to sections 776(a)(2)(A) and
(C)of the Act, we are relying on facts otherwise available to determine the countervailable subsidy conferred by the GOB under the “Industrial Reconversion Zones” and both “Economic Expansion Law of 1970” programs. Section 776(b) of the Act further provides that the Department may use an adverse inference in applying the facts otherwise available when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Section 776(b) of the Act also authorizes the Department to use as adverse facts available (“AFA”) information derived from the petition, the final determination, a previous administrative review, or other information placed on the record. Section 776(c) of the Act provides that, when the Department relies on secondary information rather than on information obtained in the course of an investigation or review, it shall, to the extent practicable, corroborate that information from independent sources that are reasonably at its disposal. Secondary information is defined as “{i}nformation derived from the petition that gave rise to the investigation or review, the final determination concerning the subject merchandise, or any previous review under section 751 concerning the subject merchandise.” *See Statement of Administrative Action*
(SAA)accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d Cong., 2d Session
(1994)at 870. Corroborate means that the Department will satisfy itself that the secondary information to be used has probative value. *See* SAA at 870. To corroborate secondary information, the Department will, to the extent practicable, examine the reliability and relevance of the information to be used. The SAA emphasizes, however, that the Department need not prove that the selected facts available are the best alternative information. *See* SAA at 869. The Department states in *Certain In-shell Roasted Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty New Shipper Review,* 73 FR 9993 (February 25, 2008), and accompanying Issues and Decision Memorandum at Comment 2 ( *“Pistachios from Iran 2008”* ), that where the foreign government fails to adequately respond to the Department's questionnaires, the Department's practice is to apply adverse inferences and assume the alleged subsidy programs constitute a financial contribution and are specific within the meaning of sections 771(5)(D) and 771(5A) of the Act, respectively. However, if information on the record indicates that the respondent did not use the program, the Department will find the program not used, regardless of whether the foreign government participated to the best of its ability. In its September 24, 2007, questionnaire response, the GOB and U&A responded fully to the Department's questions regarding potential subsidy programs during the POR. In a subsequent supplemental questionnaire to the GOB, the Department asked the GOB to confirm that U&A did not receive benefits during the AUL period for programs under the “Industrial Reconversion Zones” and both “Economic Expansion Law of 1970” programs. Upon examination of the programs listed under each of these headings, we note that several of the programs described are recurring subsidy programs that are associated with tax programs (Industrial Reconversion Zones: Albufin and Regional Subsidies under the Economic Expansion Law of 1970 (GOB): Real Estate Tax Exemption and Accelerated Depreciation). As such, we have examined U&A's responses on these programs and find that statements by U&A in its questionnaire and supplemental questionnaire responses regarding the use of these programs during the POR, as well as documentation ( *e.g.* , financial statements and U&A's 2006 tax return) on the record, support the company's assertion that it did not receive benefits under these recurring programs in 2006. Although the GOB did not respond to the Department's questions regarding these programs, the information on the record supports U&A's assertion that it did not use these programs during the POR. Therefore, we preliminarily find that U&A did not receive benefits under these programs according to section 771(5)(E) of the Act. For the programs under the Regional Subsidies under the 1970 Law
(GOF)(Corporate Income Tax Exemption, Capital Registration Tax Exemption Government Loan Guarantees, and 1993 Loan Grant programs), the Department found these programs to be not used by U&A in the investigation and first administrative review (the only administrative review for which a request for a review was made). We note that no new information on the record contradicts our previous finding of non-use for the above GOF programs. Moreover, U&A's submitted documentation (2006 financial statements and 2006 tax returns) provides additional support that the recurring subsidy programs within this group continue to be not used. Therefore, consistent with our previous findings of non-use and no new information on the record that U&A started to use these programs, we preliminarily continue to find the programs under the Regional Subsidies under the 1970 Law
(GOF)not used. The remaining program under these headings involves one non-recurring program (Industrial Reconversion Zones: Alfin). The Department found this program countervailable during the investigation and stated that the benefit found had been fully allocated by the end of the first administrative review. In the GOB's and U&A's responses to the Department regarding this program, both parties stated that the benefit the Department found countervailable had been fully allocated out in the first administrative review POR, that the program had not changed, and that no benefits were provided/received in the POR. The GOB and U&A, however, did not address whether benefits were conferred upon U&A during the full AUL period. In its supplemental questionnaire to the GOB, the Department attempted to clarify those statements and confirm that no benefits were provided to U&A for the full AUL period. The GOB did not respond to the supplemental questionnaire, and as stated above, U&A only provided an incomplete answer in its questionnaire response. Thus, the Department has no information on the record from which to analyze whether the GOB provided additional benefits to U&A under this program over the full AUL period. In selecting from among the facts available for U&A, the Department has determined that an adverse inference is warranted, pursuant to section 776(b) of the Act. The Department preliminarily determines that records relating to subsidy distribution by the GOB are records that are, or should be kept by both the GOB and U&A. Further, by failing to submit a response to the Department's supplemental CVD questionnaire, we preliminarily determine that the GOB did not cooperate to the best of its ability in providing pertinent information on non-recurring programs over the full AUL period. Further, U&A failed to provide a complete response to the Department's questionnaire addressing the full AUL period. As no information on the record exists for the program beyond the original countervailable benefit and POR of this review, and neither the GOB nor U&A provided an adequate response for this program, we find, as adverse facts available, that the GOB conferred a benefit to U&A under the Industrial Reconversion Zones: Alfin program, during the AUL period, as per section 771(5)(E) of the Act. We note that supplemental questions regarding the use of the above programs during the full AUL period were directed only at the GOB. Therefore, we will issue an additional supplemental questionnaire to U&A that will request supporting documentation regarding the usage of the above programs during the full AUL period. Selection of the Partial Adverse Facts Available Rate In deciding which facts to use as AFA, section 776(b) of the Act and 19 CFR 351.308(c)(1) authorize the Department to rely on information derived from
(1)the petition,
(2)a final determination in the investigation,
(3)any previous review or determination, or
(4)any information placed on the record. It is the Department's practice to select, as AFA, the highest calculated rate in any segment of the proceeding. *See, e.g., Certain In-shell Roasted Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty Administrative Review,* 71 FR 66165 (November 13, 2006), and accompanying Issues and Decision Memorandum at “Analysis of Programs.” Therefore, the Department has preliminarily assigned the first administrative review rate of 0.17% (the highest calculated rate for the program during any previous segment) subsidy rate to the “Industrial Reconversion Zones: Alfin” program. In order to satisfy itself that such information has probative value, the Department will examine, to the extent practicable, the reliability and relevance of the information used. With regard to the reliability aspect of corroboration, unlike other types of information, such as publicly available data on the national inflation rate of a given country or national average interest rates, there typically are no independent sources for data on company-specific benefits resulting from countervailable subsidy programs. The only source for such information normally is administrative determinations. In the instant case, no evidence has been presented or obtained which contradicts the reliability of the evidence relied upon in previous segments of this proceeding. With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal as to whether there are circumstances that would render benefit data not relevant. Where circumstances indicate that the information is not appropriate as adverse facts available, the Department will not use it. *See Fresh Cut Flowers from Mexico; Final Results of Antidumping Duty Administrative Review,* 61 FR 6812 (February 22, 1996). In the instant case, no evidence has been presented or obtained which contradicts the relevance of the benefit data relied upon in previous segments of this proceeding. Thus, in the instant case, the Department finds that the information used has been corroborated to the extent practicable. Changes in Ownership Effective June 30, 2003, the Department adopted a new methodology for analyzing privatizations in the countervailing duty context. *See Notice of Final Modification of Agency Practice Under Section 123 of the Uruguay Round Agreements Act,* 68 FR 37125 (June 23, 2003) (“ *Modification Notice* ”). The Department's new methodology is based on a rebuttable “baseline” presumption that non-recurring, allocable subsidies continue to benefit the subsidy recipient throughout the allocation period (which normally corresponds to the AUL of the recipient's assets). *Id.* , at 37127. However, an interested party may rebut this baseline presumption by demonstrating that, during the allocation period, a change in ownership occurred in which the former owner sold all or substantially all of a company or its assets, retaining no control of the company or its assets, and that the sale was an arm's-length transaction for fair market value. *Id.* U&A's ownership changed during the AUL period as a result of mergers and ownership changes. However, during the current administrative review, U&A has not attempted to rebut the Department's baseline presumption that the non-recurring, allocable subsidies received prior to any changes in ownership continue to benefit the company throughout the allocation period. *See* U&A's September 24, 2007, questionnaire response at pages 12-13. Subsidies Valuation Information Responding Producers In earlier proceedings, we found that ALZ N.V.'s (“ALZ's”) parent company, Sidmar N.V. (“Sidmar”), owned either directly or indirectly 100 percent of ALZ's voting shares and was the overall majority shareholder of U&A Belgium. *See Final Affirmative Countervailing Duty Determination; Stainless Steel Plate in Coils from Belgium,* 64 FR 15567 (March 31, 1999) (“ *SSPC from Belgium Investigation”); Stainless Steel Plate in Coils from Belgium: Final Results of Countervailing Duty Administrative Review,* 66 FR 45007 (August 27, 2001), and accompanying Issues and Decision Memorandum (“ *SSPC from Belgium First Review* ”). Therefore, in accordance with section 351.525(a)(6)(iii) of the Department's regulations, because ALZ was a fully consolidated subsidiary of Sidmar, any untied subsidies provided to Sidmar are attributable to ALZ. In the current review, U&A provided evidence on the record that it is wholly owned by Arcelor and that Sidmar transferred shares to Arcelor pursuant to the 2002 merger of Sidmar's parent, Arbed, with Aceralia and Usinor. Certain details of this transfer are proprietary in nature and are discussed in *U&A's Calculation Memo. See* Memorandum to Susan Kuhbach, Director, regarding “Calculations for the Preliminary Results for U&A Belguim” (May 30, 2008) (“ *U&A's Calculation Memo* ”). Based on the information provided, we preliminary find it appropriate to attribute any non-recurring subsidy benefits provided to Sidmar and that are still outstanding during the POR to U&A's sales. Allocation Period In *SSPC from Belgium Investigation* , in accordance with a CIT decision, we calculated company-specific allocation periods for non-recurring subsidies using company-specific AUL data. *See British Steel plc* v. *United States,* 929 F. Supp. 426, 439 (CIT 1996). We determined that the AUL for ALZ was 15 years, and that the AUL for Sidmar was 19 years. *See SSPC from Belgium* , 64 FR at 15568. In the first administrative review, the Department adopted new CVD regulations, which were applicable to the review, and determined to use a 15-year AUL for the review including any new subsidies received by Sidmar. *See SSPC from Belgium First Review* , and accompanying Issues and Decision Memorandum at Comment 2. However, with respect to non-recurring subsidies received prior to the first administrative review which had already been countervailed and allocated based on an allocation period established in *SSPC from Belgium Investigation* , we continued to allocate those non-recurring subsidies over 19 years for Sidmar. As we noted at the time, this methodology was consistent with our approach in *Certain Carbon Steel Products from Sweden; Final Results of Countervailing Duty Administrative Review* , 62 FR 16549 (April 7, 1997) and *Certain Pasta from Italy: Final Results of Third Countervailing Duty Administrative Review* , 66 FR 11269 (February 23, 2001) and accompanying Issues and Decision Memorandum at “Allocation Period.” *See SSPC from Belgium First Review,* and accompanying Issues and Decision Memorandum at Comment 2. During the current administrative review, U&A has not commented on the Department's use of the 15-year AUL period or the use of a 19-year AUL for Sidmar's non-recurring subsidies received by the company in the investigation. For the preliminary results, we will continue to employ our previous methodology and use the 15-year AUL for U&A and allocate any non-recurring subsidies received by Sidmar in the investigation over the 19-year AUL. Benchmarks for Discount Rate Because Sidmar did not obtain long-term commercial loans in the year in which the grant was received, as described in section 351.505(a)(2)(iii), we used a national average rate for long-term, fixed-rate debt as the discount rate. *See* section 351.505(a)(3)(ii) of the Department's regulations. Analysis of Programs *I. Program Previously Determined To Confer Subsidies* We examined the following program determined to confer subsidies in the investigation and the first administrative review and preliminarily find that U&A continued to receive benefits under this program during the POR. SidInvest SidInvest was incorporated on August 31, 1982, as a holding company jointly owned by Sidmar and the Societe Nationale d'Investissement, S.A. (“SNI”) (a government financing agency). SidInvest was given drawing rights on SNI to finance specific projects. The drawing rights took the form of conditional refundable advances (“CRAs”), which were interest-free, but repayable to SNI based on a company's profitability. *See SSPC From Belgium Investigation* , 64 FR at 15572. SidInvest made periodic repayments of the CRAs it had drawn from SNI. However, in 1987, the GOB moved to accelerate the repayment of the CRAs. Later, in July 1988, an agreement was reached for the government agency Nationale Maatschappig voor de Herstructurering van de Nationale Sectoren (“NMNS”) to become a shareholder in SidInvest by contributing the CRAs owed to the government by SidInvest in exchange for SidInvest stock. The Sidmar Group then repurchased the SidInvest shares obtained by NMNS. *Id.* We determined that this program conferred a countervailable subsidy within the meaning of section 771(5) of the Tariff Act of 1930, as amended (“the Act”). *Id.* This program provided a financial contribution as described in section 771(5)(D)(i) of the Act. *Id.* Moreover, because the right to establish “Invests” (and, consequently, any forgiveness of loans given to the Invests) was limited to the five national sectors, we determined that the program was specific under section 771(5A)(D)(i) of the Act. *Id.* In this administrative review, no new information has been placed on the record which would warrant reconsideration of this determination. To measure the benefit arising from the events of July 29, 1988, we have deducted from SidInvest's outstanding indebtedness the cash received by the GOB. We have treated the remainder as a grant and allocated the benefit over Sidmar's 19-year AUL. We divided the total benefit attributable to 2006 by U&A Belgium's total sales during 2006. On this basis, we preliminarily determine the countervailable subsidy for 2006 to be 0.31 percent *ad valorem.* Industrial Reconversion Zones: Alfin As noted in the “Use of Facts Otherwise Available ”section above, we preliminarily find U&A to have benefitted from the Industrial Reconversion Zones: Alfin program during the POR in the amount of 0.17 percent. II. Programs Preliminarily Determined To Be Not Used We examined the following programs and preliminarily determine that U&A did not apply for or receive benefits under these programs during the POR: A. Government of Belgium Programs 1. Subsidies Provided to Sidmar That Are Potentially Attributable to ALZ: a. Water Purification Grants 2. Societe Nationale pour la Reconstruction des Secteurs Nationaux 3. Regional subsidies under the 1970 Law Investment and Interest Subsidies 4. Regional Subsidies under the Economic Expansion Law of 1970 a. Expansion Real Estate Tax Exemption b. Accelerated Depreciation 5. Reduced Social Security Contributions Pursuant to the Maribel Scheme (Article 35 of the Law of June 29, 1981) 6. 1987 ALZ Common Share Transaction Between the GOB and Sidmar (also identified as 1985 ALZ Share Subscriptions and Subsequent Transactions in the *CVD Order* ) 7. Industrial Reconversion Zones: a. Albufin 8. Belgian Industrial Finance Company (“Belfin”) Loans 9. Societe Nationale de Credite a l'Industrie (“SNCI”) Loans 10. Conversion of Sidmar's Debt to Equity (OCPC-to-PB) in 1985 *B. Government of Flanders Programs* 1. Regional subsidies under the 1970 Law a. Corporate Income Tax Exemption b. Capital Registration Tax Exemption c. Government Loan Guarantees d. 1993 Expansion Grant 2. Special Depreciation Allowance 3. Preferential Short-Term Export Credit 4. Interest Rate Rebates C. Programs of the European Commission 1. ECSC Article 54 Loans and Interest Rebates 2. ECSC Article 56 Conversion Loans, Interest Rebates and Redeployment Aid 3. European Social Fund Grants 4. European Regional Development Fund Grants 5. Resider II Program *III. Issues for Which More Information Is Required* On May 1, 2008, the Department sought information from U&A concerning amounts appearing in its 2005 and 2006 financial statements. U&A submitted some requested information on May 8, 2008, and May 13, 2008. In addition, in its May 22, 2008, response to petitioners' pre-preliminary comments, U&A stated that it had inadvertently not included all of its divisions and cross-owned companies in its submitted total sales and export data. After reviewing the provided documentation, we have determined that we do not have sufficient information at this time to make a finding on these amounts or the revised sales value and export data. Therefore, we intend to seek further information on these amounts and revised data and to issue an interim analysis describing our preliminary findings with respect to these items before the final results so that parties will have the opportunity to comment. Preliminary Results of Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated an individual subsidy rate for U&A, the only producer/exporter subject to this administrative review. For the period January 1, 2006, through December 31, 2006, we preliminarily determine the net subsidy rate for U&A to be 0.48 percent *ad valorem.* This rate is less than 0.5 percent. Consequently, if these preliminary results are adopted in our final results of this review, the Department will instruct CBP to liquidate shipments of SSPC by U&A 2 entered or withdrawn from warehouse, for consumption from January 1, 2006, through December 31, 2006, without regard to countervailing duties. *See* 19 CFR 351.106(c)(1). These instructions will be issued fifteen days after publication of the final results of this review. 2 During the current review U&A has placed the following information on the record. In 2002, ALZ in Belgium merged with Ugine, a French producer of stainless steel sheet and strip, to become U&A. The Department has reviewed the information provided by U&A with regard to the merger and evaluated the company and its affiliates for receipt of countervailable subsidies. In addition, we have reviewed entry data provided by U.S. Customs and Border Protection (“CBP”) to confirm that U&A is the only manufacturer of subject merchandise exported from Belgium during the period of review. Therefore, for countervailing duty review purposes, we will consider ALZ to be U&A for cash deposit and assessment purposes. The final results of this review shall be the basis for future deposits of estimated duties. If the cash deposit rate calculated in the final results is zero or *de minimis* , no cash deposit will be required. The cash deposit requirement, when imposed, shall remain in effect until further notice. We will instruct CBP to continue to collect cash deposits for non-reviewed companies covered by this order at the most recent company-specific rate applicable to the company. Accordingly, the cash deposit rate that will be applied to non-reviewed companies covered by this order will be the rate for that company established in the investigation or most recent administrative review. *See CVD Order.* The “all others” rate shall apply to all non-reviewed companies that have not received an individual rate. Public Comment Interested parties may submit written arguments in case briefs within 30 days of the date of publication of this notice. *See* 19 CFR 351.309(c)(ii). Rebuttal briefs, limited to issues raised in case briefs, may be filed not later than five days after the date of filing the case briefs. *See* 19 CFR 351.309(d). Parties who submit briefs in this proceeding should provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. *See* 19 CFR 351.309(c)(2) and (d)(2). Copies of case briefs and rebuttal briefs must be served on interested parties in accordance with 19 CFR 351.303(f). Interested parties may request a hearing within 30 days after the date of publication of this notice. *See* 19 CFR 351.310(c). Unless otherwise specified, the hearing, if requested, will be held two days after the scheduled date for submission of rebuttal briefs. *See* 19 CFR 351.310(d)(1). The Department will publish a notice of the final results of this administrative review within 120 days from the publication of these preliminary results. *See* section 751(a)(3)(A) of the Act. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8-12777 Filed 6-5-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XI31 Marine Mammals; File Nos. 715-1706 and 545-1761 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of applications for amendments. SUMMARY: Notice is hereby given that Fred Sharpe, Ph.D., Alaska Whale Foundation, 4739 University Way NE, #1239, Seattle, Washington 98105 has requested an amendment to scientific research Permit No. 751-1706-00; and North Gulf Oceanic Society (Craig O. Matkin, Principal Investigator), 2030 Mary Allen Avenue, Homer, AK 99603 has requested an amendment to Permit No. 545-1761-00. DATES: Written, telefaxed, or e-mail comments must be received on or before July 7, 2008. ADDRESSES: The amendment requests and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521; and Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907)586-7221; fax (907)586-7249. Written comments or requests for a public hearing on this request should be submitted to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular amendment request would be appropriate. Comments may also be submitted by facsimile at (301)427-2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is *NMFS.Pr1Comments@noaa.gov* . Include in the subject line of e-mail comments the following document identifiers: File No. 716-1705 (Fred Sharpe) or File No. 545-1761 (North Gulf Oceanic Society). FOR FURTHER INFORMATION CONTACT: Amy Sloan or Carrie Hubard, (301)713-2289. SUPPLEMENTARY INFORMATION: The subject amendments to Permit No. 716-1705-00, issued on June 30, 2004, and Permit No. 545-1761-00 issued on September 16, 2005, are requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226). Permit No. 716-1705-00 authorizes Dr. Sharpe to conduct research on the behavior, social structure, and foraging ecology of North Pacific humpback whales ( *Megaptera novaeangliae* ), including close approach for photo-identification and behavioral observation, takes by acoustic recordings and playbacks of conspecific sound, and takes by suction cup tagging with Crittercam/TDR dive tags. Dr. Sharpe is also permitted to conduct opportunistic photo-identification and behavioral observation of killer whales (Orcinus orca). Research occurs in the waters of southeastern Alaska including Chatham Strait, Dixon Entrance, Cross Sound, and Icy Strait and the waters of Washington state. The permit expires on June 30, 2009. The permit holder requests authorization to use a novel filming technique, a mini-helicopter, during an opportunistic, limited time period in southeast Alaska during July and August 2008. The applicant indicates that the use of the mini-helicopter would provide information that could be used for:
(1)predicting energetic models of lunge-feeding humpback whales;
(2)discerning physical positioning to determine whether lunge-feeding whales maintain specialized positions; and
(3)studying the functional morphology of engulfment feeding. Such information would complement the already permitted behavioral study of lunge-feeding humpback whales. Based on video documentation of the use of the mini-helicopter to film humpback whales in foreign waters, this technique is not expected to result in added harassment to the whales, and in fact, is expected to reduce potential harassment from boat approaches. Permit No. 545-1761-00 authorizes the North Gulf Oceanic Society to conduct population studies on numerous cetacean species with a particular emphasis on killer whales. The research focuses on the study of:
(1)mating and social systems and feeding behavior of killer whales; and
(2)diving behavior, feeding, movement and contaminant loads of several cetacean species. Takes may occur by close approach for vessel surveys, photo-identification, behavioral observation, passive acoustic recording, tagging, biopsy sampling, export of parts, and incidental harassment. Research takes place in waters off Alaska, including Glacier Bay/Icy Strait, Sitka Sound, Prince William Sound, Kenai Fjords, Resurrection Bay, Eastern Aleutian chain, and Kodiak Island. The permit expires on September 15, 2010. The permit holder requests authorization to use the same mini-helicopter, during an opportunistic, limited time period in Alaska during August/September 2008. The mini-helicopter would be used to measure total body length of killer whales in order to assess individual growth, make population size comparisons, and model the energetic requirements of killer whales. Data obtained from the mini-helicopter would allow researchers to obtain proportional measurements of blowhole-dorsal and full body length, which can be used to construct a regression to describe this relationship. Concurrent with the publication of this notice in the **Federal Register** , NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: June 2, 2008. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-12716 Filed 6-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XH63 Permits; Foreign Fishing AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of foreign fishing application; reopening of comment period. SUMMARY: NMFS reopens the public review and comment period that closed May 30, 2008, for information regarding a foreign fishing application submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Comments must be received by June 20, 2008. ADDRESSES: Send comments or requests for a copy of the application to NMFS, Office of International Affairs, 1315 East-West Highway, Silver Spring, MD 20910. Comments on this notice may also be submitted by e-mail to *nmfs.foreignfishing@noaa.gov* . Include in the subject line the following document identifier: RIN 0648-XH63. FOR FURTHER INFORMATION CONTACT: Christopher Rogers, Office of International Affairs,
(301)713-9090. SUPPLEMENTARY INFORMATION: Background Section 204(d) of the Magnuson-Stevens Act (16 U.S.C. 1824(d)) provides, among other things, that the Secretary of Commerce (Secretary) may issue a transshipment permit which authorizes a vessel other than a vessel of the United States to engage in fishing consisting solely of transporting fish or fish products at sea from a point within the U.S. Exclusive Economic Zone
(EEZ)or, with the concurrence of a state, within the boundaries of that state to a point outside the United States. In addition, Public Law 104-297, sec. 105(e) directs the Secretary to issue section 204(d) permits for up to 14 Canadian transport vessels to receive Atlantic herring harvested by United States fishermen within the boundaries of the State of Maine or within the portion of the EEZ east of the line 69 degrees 30 minutes west and within 12 nautical miles from the seaward boundary of that State. Section 204(d)(3)(D) of the Magnuson-Stevens Act provides that an application may not be approved until the Secretary determines that “no owner or operator of a vessel of the United States which has adequate capacity to perform the transportation for which the application is submitted has indicated ... an interest in performing the transportation at fair and reasonable rates.” NMFS is publishing this notice as part of its effort to make such a determination with respect to the application described below. Summary of Application NMFS has received an application requesting authorization for 11 Canadian transport vessels to receive transfers of herring from U.S. purse harvesting vessels for the purpose of transporting the herring to processing plants in Canada. The transshipment operations will occur within the boundaries of the State of Maine or within the portion of the exclusive economic zone east of the line 69 degrees 30 minutes west and within 12 nautical miles from the seaward boundary of that State. Interested U.S. vessel owners and operators may obtain a copy of the complete application from NMFS (see ADDRESSES ). Dated: June 2, 2008. Rebecca Lent, Director, Office of International Affairs, National Marine Fisheries Service. [FR Doc. E8-12737 Filed 6-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XI22 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public workshops. SUMMARY: NMFS announces free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in July, August, and September 2008. Certain fishermen and shark dealers are required to attend a workshop to meet new regulatory requirements and maintain valid permits. The Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held in 2008 and announced in the **Federal Register** . DATES: The Atlantic Shark Identification Workshops will be held July 31, August 28, and September 16 and 30, 2008. The Protected Species Safe Handling, Release, and Identification Workshops will be held July 22 and 29, August 27, and September 3, 2008. See SUPPLEMENTARY INFORMATION for further details. ADDRESSES: The Atlantic Shark Identification Workshops will be held in Charleston, SC; Richmond, TX; and South Daytona, FL. The Protected Species Safe Handling, Release, and Identification Workshops will be held in Panama City, FL; Bohemia, NY; Port Aransas, TX; and Ocean City, MD. See SUPPLEMENTARY INFORMATION for further details on workshop locations. FOR FURTHER INFORMATION CONTACT: Greg Fairclough by phone:(727) 824-5399, or by fax:
(727)824-5398. SUPPLEMENTARY INFORMATION: The workshop schedules, registration information, and a list of frequently asked questions regarding these workshops are posted on the internet at: *http://www.nmfs.noaa.gov/sfa/hms/workshops/* . Atlantic Shark Identification Workshop Effective December 31, 2007, an Atlantic shark dealer may not receive, purchase, trade, or barter for Atlantic shark unless a valid Atlantic Shark Identification Workshop certificate is on the premises of each business listed under the shark dealer permit (71 FR 58057; October 2, 2006). Dealers who attend and successfully complete a workshop will be issued a certificate for each place of business that is permitted to receive sharks. Dealers may send a proxy to an Atlantic Shark Identification Workshop, however, if a dealer opts to send a proxy, the dealer must designate a proxy for each place of business covered by the dealer's permit. Only one certificate will be issued to each proxy. A proxy must be a person who: is currently employed by a place of business covered by the dealer's permit; is a primary participant in the identification, weighing, and/or first receipt of fish as they are offloaded from a vessel; and fills out dealer reports. Additionally, after December 31, 2007, an Atlantic shark dealer may not renew a Federal shark dealer permit unless a valid Atlantic Shark Identification Workshop certificate for each business location has been submitted with the permit renewal application. Sixteen free Atlantic Shark Identification Workshops were held in 2007. Workshop Dates, Times, and Locations 1. July 31, 2008, from 9 a.m. - 3 p.m., Center for Coastal Environmental Health and Biomolecular Research, 219 Fort Johnson Road, Charleston, SC 29412. 2. August 28, 2008, from 9:30 a.m. - 3 p.m., George Memorial Library, 1001 Golfview Drive, Richmond, TX 77649. 3. September 16, 2008, from 9 a.m. - 3 p.m., Piggotte Community Center, 504 Big Tree Road, South Daytona, FL 32119. 4. September 30, 2008, from 9 a.m. - 3 p.m., Piggotte Community Center, 504 Big Tree Road, South Daytona, FL 32119. Registration To register for a scheduled Atlantic Shark Identification Workshop, please contact Eric Sander by email at *esander@peoplepc.com* or by phone at
(386)852-8588. Registration Materials To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following items to the workshop: Atlantic shark dealer permit holders must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable permit, and proof of identification. Atlantic shark dealer proxies must bring documentation from the shark dealer acknowledging that the proxy is attending the workshop on behalf of the Atlantic shark dealer, a copy of the appropriate permit, and proof of identification. Workshop Objectives The shark identification workshops are designed to reduce the number of unknown and improperly identified sharks reported in the dealer reporting form and increase the accuracy of species-specific dealer-reported information. Reducing the number of unknown and improperly identified sharks will improve quota monitoring and the data used in stock assessments. These workshops will train shark dealer permit holders or their proxies to properly identify Atlantic shark carcasses. Protected Species Safe Handling, Release, and Identification Workshop Effective January 1, 2007, shark limited access and swordfish limited access permit holders must submit a copy of their Protected Species Safe Handling, Release, and Identification Workshop certificate in order to renew either permit (71 FR 58057; October 2, 2006). As such, vessel owners who have not attended a workshop and received a NMFS certificate must attend one of the workshops offered in July, August, or September 2008 to fish with or renew either permit. Additionally, new shark and swordfish limited access permit applicants must attend a Protected Species Safe Handling, Release, and Identification Workshop and must submit a copy of their workshop certificate before such permits will be issued. In addition to certifying permit holders, all longline and gillnet vessel operators fishing on a vessel issued a limited access swordfish or limited access shark permit are required to attend a Protected Species Safe Handling, Release, and Identification Workshop. Vessels that have been issued a limited access swordfish or limited access shark permit may not fish unless both the vessel owner and operator have valid workshop certificates. Vessel operators must possess on board the vessel valid workshop certificates for both the vessel owner and the operator at all times. Seven free Protected Species Safe Handling, Release, and Identification Workshops were held in 2006, and 34 were held in 2007. Workshop Dates, Times, and Locations 1. July 22, 2008, from 9 a.m. - 5 p.m., Hilton Garden Inn, 1101 North Highway 231, Panama City, FL 32405. 2. July 29, 2008, from 9 a.m. - 5 p.m., La Quinta Inn and Suites, Islip MacArthur Airport, 10 Aero Road, Bohemia, NY 11716. 3. August 27, 2008, from 9 a.m. - 5 p.m., Holiday Inn Express, 727 South 11 th Street, Port Aransas, TX 78373. 4. September 3, 2008, from 9 a.m. - 5 p.m., Holiday Inn Oceanfront, 67 th Street Oceanside, Ocean City, MD 21842. Registration To register for a scheduled Protected Species Safe Handling, Release, and Identification Workshop, please contact Aquatic Release Conservation ((877) 411-4272), 1870 Mason Ave., Daytona Beach, FL 32117. Registration Materials To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following items with them to the workshop: Individual vessel owners must bring a copy of the appropriate permit(s), a copy of the vessel registration or documentation, and proof of identification. Representatives of a business owned or co-owned vessel must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable permit(s), and proof of identification. Vessel operators must bring proof of identification. Workshop Objectives The protected species safe handling, release, and identification workshops are designed to teach longline and gillnet fishermen the required techniques for the safe handling and release of entangled and/or hooked protected species, such as sea turtles, marine mammals, and smalltooth sawfish. Identification of protected species will also be taught at these workshops in an effort to improve reporting. Additionally, individuals attending these workshops will gain a better understanding of the requirements for participating in these fisheries. The overall goal for these workshops is to provide participants the skills needed to reduce the mortality of protected species, which may prevent additional regulations on these fisheries in the future. Grandfathered Permit Holders Participants in the industry-sponsored workshops on safe handling and release of sea turtles that were held in Orlando, FL (April 8, 2005) and in New Orleans, LA (June 27, 2005) were issued a NOAA workshop certificate in December 2006 that is valid for three years. Grandfathered permit holders must include a copy of this certificate when renewing limited access shark and limited access swordfish permits each year. Failure to provide a valid NOAA workshop certificate may result in a permit denial. Dated: June 2, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-12711 Filed 6-5-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Notice of Availability for the Draft Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report for the Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project, Los Angeles County, CA AGENCY: Department of the Army—U.S. Army Corps of Engineers, DoD. ACTION: Notice of availability. SUMMARY: The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Supplemental Environmental Impact Statement/Subsequent Environmental Impact Report (SEIS/SEIR) for the Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act for a new crude oil marine terminal at Berth 408 on Pier 400 including: Construction of a new marine terminal to receive crude oil from marine vessels and transfer the oil to tank farm facilities via a new 42-inch-diameter, high-volume pipeline; construction of two tank farms, Tank Farm Site 1 located on Pier 400 and Tank Farm Site 2 located on Pier 300 at Seaside Avenue/ Terminal Way; construction of new pipelines to connect the new tank farm facilities to existing pipeline facilities, with the new tank farm facilities connected to the existing ExxonMobil Southwest Terminal on Terminal Island, the existing Ultramar/Valero Refinery on Anaheim Street near the Terminal Island Freeway, and to Plains All American pipeline systems near Henry Ford Avenue and Alameda Street via new and existing 36-inch, 24-inch, and 16-inch pipelines, and with all new pipelines installed belowground, with the exception of the water crossings at the Pier 400 causeway bridge and at the Valero utility/pipe bridge that crosses the Dominguez Channel west of the Ultramar/Valero Refinery. The new tank farm facilities would provide a total of 4.0 million barrels
(bbl)of capacity, primarily receiving crude oil, partially refined crude oil, and occasional deliveries of Marine Gas Oil (MGO). FOR FURTHER INFORMATION CONTACT: Questions or comments concerning the Draft SEIS/SEIR should be directed to Dr. Spencer D. MacNeil, Senior Project Manager, North Coast Branch, Regulatory Division, U.S. Army Corps of Engineers, P.O. Box 532711, Los Angeles, CA, 90053-2325,
(805)585-2152. SUPPLEMENTARY INFORMATION: The Port of Los Angeles and U.S. Army Corps of Engineers will jointly hold a public meeting on June 26, 2008 in the Board of Harbor Commissioner Hearing Room in San Pedro, California, to receive public comments and to assess public concerns regarding this Draft SEIS/SEIR and proposed project. Written comments will be accepted until the close of the public review period on July 29, 2008. Aaron O. Allen, Acting Chief, Regulatory Division, Los Angeles District. [FR Doc. E8-12614 Filed 6-5-08; 8:45 am] BILLING CODE 3710-KF-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 5, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, *e.g.* new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: June 2, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* National Longitudinal Transition Study-2 (NLTS2) Wave 5 Interviews and Questionnaires. *Frequency:* Biennial. *Affected Public:* Individuals or household. *Reporting and Recordkeeping Hour Burden:* Responses: 3,912. Burden Hours: 1,423. *Abstract:* This ICR is for Wave 5 data collection for the National Longitudinal Transition Study-2 (NLTS2). This study was begun in 2000 with a sample of approximately 12,000 youth who were aged 13 through 16 and receiving educational services. Wave 5 data collection will take place in the 9th year of the project and will consist of parent and youth interviews conducted by phone or mail.This will be the last round of data collection for NLTS2 and will focus primarily on early adulthood, including postsecondary education, employment, and community adjustment. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3698. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-12683 Filed 6-5-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 5, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: June 2, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Federal Student Aid *Type of Review:* Extension. *Title:* Federal Family Education Loan
(FFEL)School Letter. *Frequency:* One time. *Affected Public:* Not-for-profit institutions; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* Responses: 500. Burden Hours: 125. *Abstract:* On March 4, 2008, a letter was sent via e-mail to 4,155 financial aid administrators at institutions that participate in the Federal Family Educational Loan Program. The purpose of the letter is to inform the financial aid administrators that the Department of Education is monitoring the current uncertainty in the credit markets and the impact of that uncertainty on student loan programs. The letter invites the financial aid administrator to provide the Department with any information he or she has related to any lender that plans to reduce, suspend, or discontinue making student loans. The letter requests this information for both federal and non-federal student loans. The Department uses the information received from the financial aid administrators to prepare an analysis and summary for presentation to the Secretary. The Secretary continues to use the information to make her decisions related to ensuring the continued availability of educational loans for students and their families. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3657. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-12686 Filed 6-5-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Small, Rural School Achievement Program AGENCY: Office of Elementary and Secondary Education, Department of Education. ACTION: Notice announcing application deadline. Catalog of Federal Domestic Assistance
(CFDA)Number 84.358A. SUMMARY: Under the Small, Rural School Achievement
(SRSA)Program, the U.S. Department of Education (Department) awards grants on a formula basis to eligible local educational agencies
(LEAs)to address the unique needs of rural school districts. In this notice, we establish the deadline for submission of fiscal year
(FY)2008 SRSA grant applications. An eligible LEA that is required to submit an application must do so electronically by the deadline in this notice. If it submits its application after this deadline, the LEA will receive a grant award only to the extent that funds are available after the Department awards grants to other eligible LEAs under the program. *Application Deadline:* June 30, 2008, 4:30 p.m. Washington, DC time. SUPPLEMENTARY INFORMATION: Which LEAs Are Eligible for an Award Under the SRSA Program? An LEA is eligible for an award under the SRSA program if—
(a)The total number of students in average daily attendance at all of the schools served by the LEA is fewer than 600, *or* each county in which a school served by the LEA is located has a total population density of fewer than 10 persons per square mile; and
(b)All of the schools served by the LEA are designated with a school locale code of 7 or 8 by the Department's National Center for Education Statistics (using the NCES school locale methodology in place at the time of NCLB's enactment), or the Secretary has determined, based on a demonstration by the LEA and concurrence of the SEA, that the LEA is located in an area defined as rural by a governmental agency of the State. Which Eligible LEAs Must Submit an Application To Receive a FY 2008 SRSA Grant Award? An eligible LEA must submit an application to receive a FY 2008 SRSA grant award if it falls under any of the following categories: 1. The LEA never submitted an application for SRSA funds in any prior year; 2. The LEA received an SRSA grant award for FY 2005 and, as of February 15, 2008, had not drawn down from the Department's Grant Administration and Payment System any of its FY 2005 SRSA funds; or 3. The LEA received an SRSA grant award for FY 2006 and, as of March 31, 2008, had not drawn down from the Department's Grant Administration and Payment System any of its FY 2006 SRSA funds. Under the regulations in 34 CFR 75.104(a), the Secretary makes grants only to an eligible party that submits an application. Given the limited purpose served by the application under the SRSA program, the Secretary considers the application requirement to be met if the LEA submitted an SRSA application for any prior year and does not fall under any of the categories listed above requiring the submission of a new application. In this circumstance, unless the LEA advises the Secretary by the application deadline that it is withdrawing its application, the Secretary deems the application that the LEA previously submitted to remain in effect for FY 2008 funding, and the LEA does not have to submit an additional application. We intend to provide, by May 23, 2008, a list of LEAs eligible for FY 2008 funds on the Department's Web site at *http://www.ed.gov/programs/reapsrsa/index.html* under the “Eligibility” hyperlink. The Web site will also indicate which of these eligible LEAs must submit a new application to the Department to receive their FY 2008 SRSA grant award, and which eligible LEAs are considered already to have met the application requirement. Eligible LEAs that must submit a new application in order to receive FY 2008 SRSA funds must do so electronically by the deadline established in this notice. Electronic Submission of Applications An eligible LEA that is required to submit an application to receive FY 2008 SRSA funds must submit an electronic application by June 30, 2008, 4:30 p.m., Washington, DC time. Submission of an electronic application involves the use of the Department's Electronic Grant Application System (e-Application) available through the Department's e-GRANTS system. You can access the electronic application for the SRSA Program at: *http://e-grants.ed.gov.* Once you access this site, you will receive specific instructions regarding the information to include in your application. The regular hours of operation of the e-Grants Web site are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until midnight, Saturday (Washington, DC time). Please note that the system is unavailable on Sundays, Federal holidays, and after 7 p.m. on Wednesdays for maintenance (Washington, DC time). FOR FURTHER INFORMATION CONTACT: Mr. Eric Schulz, U.S. Department of Education, 400 Maryland Avenue, SW., room 3E108, Washington, DC 20202. Telephone:
(202)401-0039 or via Internet: *reap@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the FRS at 1-800-877-8339. Individuals with disabilities may obtain this notice in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . *Electronic Access to This Document:* You can view this document, as well as other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format (PDF), on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll-free, at 1-888-293-6498; or in the Washington DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official version of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Program Authority: 20 U.S.C. 7345-7345b. Dated: June 3, 2008. Kerri L. Briggs, Assistant Secretary for Elementary and Secondary Education. [FR Doc. E8-12744 Filed 6-5-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Agency Information Collection Extension AGENCY: Department of Energy. ACTION: Submission for Office of Management and Budget
(OMB)review; comment request. SUMMARY: The Department of Energy
(DOE)has submitted an information collection request to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The information collection requests a three-year extension of its Weatherization Assistance Program (WAP), OMB Control Number 1910-5127. The Department of Energy
(DOE)Weatherization Assistance Program
(WAP)is a formula grant program. DOE has developed four forms designed to reduce the length of time to input information and provide a consistent format for all States to submit as part of their State Application and Plan process. This activity will benefit the program and State because all forms are in electronic format that will populate a database for program information. The program information captured will be used to provide the most current program information for budget, congressional and public inquiries to the program. The forms will be used as part of the Grants.gov process. DATES: Comments regarding this collection must be received on or before July 7, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-4650. ADDRESSES: Written comments should be sent to the DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503; and Elnora Long, EE-2K, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290, Fax #:
(202)586-1233, *elnora.long@ee.doe.gov* . FOR FURTHER INFORMATION CONTACT: Elnora Long, EE-2K, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290, Fax #:
(202)586-1233, *elnora.long@ee.doe.gov* . SUPPLEMENTARY INFORMATION: This information collection request contains:
(1)*OMB No.* 1910-5127;
(2)*Information Collection Request Title:* Weatherization Assistance Program;
(3)*Purpose:* The Weatherization Assistance Program provides grants to States, the District of Columbia and Native American Tribes annually;
(4)*Estimated Number of Respondents:* 52 (Fifty Two) States and Territories;
(5)*Estimated Total Burden Hours:* 3 hours per respondent;
(6)*Number of Collections:* The information collection request contains 3 information and/or recordkeeping requirements. Statutory Authority: 10 CFR part 440 Issued in Washington, DC, on June 2, 2008. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E8-12678 Filed 6-5-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Agency Information Collection Extension AGENCY: Department of Energy. ACTION: Submission for Office of Management and Budget
(OMB)review; comment request. SUMMARY: The Department of Energy
(DOE)has submitted an information collection request to the OMB for extension under the provisions of the Paperwork Reduction Act of 1995. The information collection requests a three- year extension of its State Energy Program (SEP), OMB Control Number 1910-5126. This information collection request pertains to Department's State Energy Program, which provides grants to States that are intended to promote energy conservation and renewable energy in 55 areas specified in the collection instrument (e.g., agriculture, geothermal, biomass, traffic signals, home energy ratings, building codes). Requested information includes matters such as which one of the following six broad categories that the grant request pertains to (buildings, electric power and renewable energy, energy education, industry, policy planning and energy security, and transportation); the State; the program year; the area or areas of the 55 referred to above; estimated annual energy savings; a description of the requested grant's goals and objectives program year milestones; and program year funds by source. DATES: Comments regarding this collection must be received on or before July 7, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202-395-4650. ADDRESSES: Written comments should be sent to the following officials: DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503 and Elnora Long, U.S. Department of Energy, 1000 Independence Ave SW., Washington, DC 20585-1290, Fax #:
(202)586-1233, *elnora.long@ee.doe.gov.* FOR FURTHER INFORMATION CONTACT: Elnora Long, U.S. Department of Energy, 1000 Independence Ave SW. , Washington, DC 20585-1290, Fax #:
(202)586-1233, *elnora.long@ee.doe.gov.* SUPPLEMENTARY INFORMATION: This information collection request contains:
(1)*OMB No.* 1910-5126;
(2)I *nformation Collection Request Title:* State Energy; Program
(3)*Purpose:* Promote the conservation of energy, reduce the rate of growth of energy demand, and reduce dependence on imported oil;
(4)*Estimated Number of Respondents:* 56 (Fifty Six) States and Territories;
(5)*Estimated Total Burden Hours:* 162;
(6)*Number of Collections:* The information collection request contains one
(1)information and/or recordkeeping requirement. Statutory Authority: 10 CFR 420. State Energy Program. Issued in Washington, DC, on June 2, 2008. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E8-12747 Filed 6-5-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY State Energy Advisory Board AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of Open Teleconference. SUMMARY: This notice announces a teleconference of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92-463; 86 Stat. 770) requires that public notice of these teleconferences be announced in the **Federal Register** . DATES: June 19, 2008 from 2 p.m. to 3 p.m. EDT. FOR FURTHER INFORMATION CONTACT: Gary Burch, STEAB Designated Federal Officer, Acting Assistant Manager, Office of Commercialization and Project Management, Golden Field Office, U.S. Department of Energy, 1617 Cole Boulevard, Golden, CO 80401, Telephone 303/275-4801. SUPPLEMENTARY INFORMATION: *Purpose of the Board:* To make recommendations to the Assistant Secretary for the Office of Energy Efficiency and Renewable Energy regarding goals and objectives, programmatic and administrative policies, and to otherwise carry out the Board's responsibilities as designated in the State Energy Efficiency Programs Improvement Act of 1990 (Pub. L. No. 101-440). *Tentative Agenda:* Update members on routine business matters. *Public Participation:* The teleconference is open to the public. Written statements may be filed with the Board either before or after the meeting. Members of the public who wish to make oral statements pertaining to agenda items should contact Gary Burch at the address or telephone number listed above. Requests to make oral comments must be received five days prior to the conference call; reasonable provision will be made to include requested topic(s) on the agenda. The Chair of the Board is empowered to conduct the call in a fashion that will facilitate the orderly conduct of business. This notice is being published less than 15 days before the date of the meeting due to programmatic issues that had to be resolved prior to publication. Notes: The notes of the teleconference will be available for public review and copying within 60 days on the STEAB Web site, *http://www.steab.org* . Issued at Washington, DC, on June 3, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-12676 Filed 6-5-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12598-011] Birch Power Company; Turnbull Hydro, L.L.C.; Notice cf Application for Transfer of License and Soliciting Comments, Motions To Intervene and Protests May 30, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Transfer of License. b. *Project No.:* 12598-011. c. *Date filed:* April 28, 2008. d. *Applicants:* Birch Power Company (transferor). Turnbull Hydro, L.L.C. (transferee). e. *Name and Location of Project:* Upper Turnbull Drop Project is located on the Spring Valley Canal in Teton County Montana. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). g. *Applicant Contact:* For both transferor and transferee: Ted S. Sorenson, 5203 South 11th East, Idaho Falls, ID 83404. h. *FERC Contact:* Steven Sachs,
(202)502-8666. i. *Deadline for filing comments, protests and motions to intervene:* July 14, 2008. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12598-011) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Upper Turnbull Drop Project from Birch Power Company to Turnbull Hydro, L.L.C. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail FERCONLINESUPPORT@FERC.GOV. For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item g above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicants specified in the particular application. o. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicants. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicants' representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-12663 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12597-011] Birch Power Company; Turnbull Hydro, L.L.C.; Notice of Application for Transfer of License and Soliciting Comments, Motions To Intervene and Protests May 30, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Transfer of License. b. *Project No.:* 12597-011. c. *Date filed:* April 28, 2008. d. *Applicants:* Birch Power Company (transferor); Turnbull Hydro, L.L.C. (transferee). e. *Name and Location of Project:* Lower Turnbull Drop Project is located on the Spring Valley Canal in Teton County Montana. f. *Filed Pursuant to:* Federal Power Act, 16 USC. 791(a)-825(r). g. *Applicant Contact:* For both transferor and transferee: Ted S. Sorenson, 5203 South 11th East, Idaho Falls, ID 83404. h. *FERC Contact:* Steven Sachs,
(202)502-8666. i. *Deadline for filing comments, protests and motions to intervene:* July 14, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number (P-12597-011) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Lower Turnbull Drop Project from Birch Power Company to Turnbull Hydro, L.L.C. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCONLINESUPPORT@FERC.GOV* . For TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item g above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicants specified in the particular application. o. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicants. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicants' representatives. Kimberly D. Bose, Secretary. [FR Doc. E8-12662 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-404-000; PF08-2-000] MarkWest Pioneer, LLC; Notice of Application May 30, 2008. Take notice that on May 20, 2008, MarkWest Pioneer, LLC (MarkWest), 1515 Arapahoe Street, Tower 2, Suite 700, Denver, Colorado 80202-2126, filed in the above referenced docket an application pursuant to section 7(c) of the Natural Gas Act (NGA), for an order granting a certificate of public convenience to construct, own, and operate approximately 50 miles of new natural gas pipeline with a capacity of 638,000 dekatherms per day (Dth/d), approximately 19,500 horsepower
(HP)of total compression at two compressor stations, and related appurtenances in Coal, Atoka, and Bryan Counties in southeastern Oklahoma (Arkoma Connector Pipeline Project). MarkWest also proposes a pro forma FERC Gas Tariff, including proposed initial recourse rates for the Arkoma Connector Pipeline Project. Additionally, MarkWest requests blanket certificates authorizing the construction, rearrangement, and abandonment of facilities and other activities permitting under Part 157, Subpart F, of the Commission's regulation and for self-implementing interstate transportation of natural gas under Part 284, Subpart G, of the Commission's regulations, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at *FERCOnlineSupport@gerc.gov* or call toll-free,
(886)208-3676 or TTY,
(202)502-8659. Any questions concerning this application may be directed to David Williams, MarkWest Hydrocarbon, Inc., 1515 Arapahoe Street, Tower 2, Suite 700, Denver, Colorado 80202-2126, at
(303)925-9232, or *DWilliams@markwest.com* , or Robert Powell, MarkWest Hydrocarbon, Inc., 2500 Citywest Blvd., Houston, Texas 77042, at
(713)666-6747, or *BPowell@markwest.com* , or Joseph S. Koury, Wright & Talisman, PC, 1200 G Street, NW., Suite 600, Washington, DC 20005, at
(202)393-1200, or *koury@wrightlaw.com* . On October 18, 2007, the Commission staff granted MarkWest's request to utilize the Pre-Filing Process and assigned Docket No. PF08-2-000 to staff activities involving the Arkoma Connector Pipeline Project. Now as of the filing of the May 20, 2008 application, the Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP08-404-000, as noted in the caption of this Notice. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* June 20, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-12665 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 6066-031] McCallum Enterprises I Limited Partnership; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests May 30, 2008. Take notice that the following application has been filed with the Commission and is available for public inspection. a. *Application Type:* Amendment to Recreation Plan. b. *Project No.:* 6066-031. c. *Dated Filed:* March 27, 2008. d. *Applicant:* McCallum Enterprises I Limited Partnership. e. *Name of Project:* Derby Dam Project. f. *Location:* The project is located on the Housatonic River in New Haven and Fairfield Counties, Connecticut. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Application Contact:* Joseph Szarmach, Jr., Vice President, McCallum Enterprises I Limited Partnership, 2874 Main Street, Stratford, Connecticut 06614, telephone:
(203)386-1745, fax:
(203)377-8228. i. *FERC Contact:* Any questions on this notice should be addressed to Mr. John Mark at
(212)273-5940, or e-mail address: *john.mark@ferc.gov* . j. *Deadline for filing comments and/or motions:* June 30, 2008. All documents (original and eight copies) should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. k. *Description of Request:* The licensee filed an amendment application to relocate the fishing and canoe portage access on the Shelton, Connecticut, side of the project (on the right bank of the Housatonic River) to an area downstream immediately adjacent to the main outer gate of the project and a boat lock and adjacent to a public parking area which will be more convenient to the public. The proposed relocation is for the safety and convenience of the public and will be part of the City of Shelton's Redevelopment Plan for Canal Street with new residential development and increased levels of foot traffic. The proposed change will limit access to the Shelton canal which has proven to be a safety hazard to the public l. *Location of the Application:* A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling
(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* , for TTY, call
(202)502-8659. A copy is also available for inspection and reproduction at the address in item
(h)above. m. Individuals desiring to be included on the Commission's e-mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST, or “MOTION TO INTERVENE”, as applicable, and the Project Number (P-6066-031) of the particular application to which the filing refers. All documents (original and eight copies) should be filed with: Honorable Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests, and interventions may be filed electronically, via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-12664 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-410-000; Docket No. CP02-74-000] West Texas Gas, Inc.; Reef International, L.L.C.; Notice of Application To Transfer Natural Gas Act Section 3 Authorization and Presidential Permit May 30, 2008. On May 22, 2008, West Texas Gas, Inc. (West Texas) and Reef International, L.L.C.
(Reef)filed a joint application in Docket No. CP08-410-000 pursuant to section 3 of the Natural Gas Act
(NGA)and section 153 of the Commission's Regulations and Executive Order No. 10485, as amended by Executive Order No. 12038, and the Secretary of Energy's Delegation Order No. 00-004.00A, effective May 16, 2006, seeking authorization to transfer Reef's existing NGA section 3 authorization and Presidential Permit 1 to West Texas, all as more fully set forth in the application which is on file with the Commission and open to the public for inspection. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at (866)208-3676, or for TTY, contact (202)502-8659. 1 99 FERC ¶ 61,221
(2002)Any questions regarding the application may be directed to: Richard D. Hatchett, 211 North Colorado, Midland, Texas 79701, or call
(432)682-4349 or e-mail *rhatchett@westtexasgas.com.* Specifically, West Texas and Reef request the Commission to issue an order:
(1)Transferring Reef's NGA section 3 authorization to West Texas for the operation and maintenance of facilities used to export natural gas at the International Border near Eagle Pass, Maverick County, Texas, to Coahuila, Mexico; and
(2)authorizing the assignment of Reef's May 30, 2002, Presidential Permit for the operation and maintenance of facilities at the Coahuila, Mexico/Texas export point. The export facilities consist of approximately 400 feet of 12-inch diameter pipeline extending from certain intrastate pipeline facilities in Texas to an interconnection with pipeline facilities owned by Compania National de Gas, S.A. (Conagas) in Coahuila, Mexico. West Texas would continue to operate and maintain these border crossing facilities in its own name rather than as Reef. West Texas and Reef state that no new facilities would be constructed. West Texas and Reef state that the border facilities will remain in place and operation following the requested transfer and assignment. West Texas and Reef also state that the border crossing facilities would be used for transportation services subject to the jurisdiction of the Texas Railroad Commission. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* June 20, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-12657 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-6-000] Midcontinent Express Pipeline, LLC; Notice of Availability of the Final Environmental Impact Statement for the Midcontinent Express Pipeline Project May 30, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared this Final Environmental Impact Statement
(EIS)for the natural gas pipeline facilities proposed by Midcontinent Express Pipeline Company, LLC
(MEP)under the above-referenced docket. MEP's Midcontinent Express Pipeline Project (Project) would be located in various counties and parishes in Oklahoma, Texas, Louisiana, Mississippi, and Alabama. The Final EIS was prepared to satisfy the requirements of the National Environmental Policy Act. The U.S. Army Corps of Engineers (COE), U.S. Fish and Wildlife Service (FWS), National Park Service (NPS), Natural Resources Conservation Service (NRCS), U.S. Environmental Protection Agency (EPA), Louisiana Department of Environmental Quality (LDEQ), Louisiana Department of Wildlife and Fisheries (LDWF), Texas Parks and Wildlife Department (TPWD), Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP), and Alabama Department of Conservation and Natural Resources (ADCNR) are cooperating agencies for the development of this EIS. A cooperating agency has jurisdiction by law or special expertise with respect to any environmental impact involved with the proposal and is involved in the NEPA analysis. The general purpose of the proposed Project is to transport up to 1,500,000 dekatherms per day of natural gas from production fields in Texas, Oklahoma, and Arkansas to markets in the eastern region of the United States. The Final EIS addresses the potential environmental impacts resulting from the construction and operation of the following facilities: • Approximately 506.1 miles of new 30-, 36-, and 42-inch-diameter interstate natural gas pipeline extending from Bryan County, Oklahoma to a terminus in Choctaw County, Alabama; • An approximately 4.2-mile-long, 16- and 24-inch-diameter lateral pipeline in Richland and Madison Parishes, Louisiana; • A total of approximately 111,720 horsepower
(hp)of compression at one booster and four new mainline compressor stations; • 14 new metering and regulating (M/R) stations; and • Other appurtenant ancillary facilities including, mainline valves
(MLV)and pig 1 launcher and receiver facilities. 1 A “pig” is a mechanical device used to clean or inspect the pipeline. Dependent upon Commission approval, MEP proposes to complete construction and begin operating the proposed Project in February 2009. The Final EIS also evaluates alternatives to the proposal, including alternative energy sources, system alternatives, alternative sites for compressor stations, and alternative pipeline routes. Based on the analysis presented in this Final EIS, the FERC staff concludes that the proposed Project, with the appropriate mitigation measures as recommended, would have limited adverse environmental impact. The Final EIS has been placed in the public files of the FERC and is available for public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426,
(202)502-8371. A limited number of copies of the Final EIS are available from the Public Reference Room identified above. In addition, CD-ROM copies of the Final EIS have been mailed to affected landowners; various federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; local libraries and newspapers; intervenors; and other individuals that expressed an interest in the proposed Project. Hard copies of the Final EIS have also been mailed to those who requested that format during the scoping and comment periods for the proposed Project. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC
(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ). Using the “eLibrary link,” select “General Search” and enter the project docket number excluding the last three digits (i.e., CP08-6) in the “Docket Number” field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or TTY
(202)502-8659. The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. In addition, the FERC now offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm.* Kimberly D. Bose, Secretary. [FR Doc. E8-12658 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1012-000] PPL Renewable Energy, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization May 30, 2008. This is a supplemental notice in the above-referenced proceeding of PPL Renewable Energy, LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR Part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR Part 34, of future issuances of securities and assumptions of liability, is June 19, 2008. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* . or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-12659 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 May 29, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP07-310-002. *Applicants:* Mojave Pipeline Company. *Description:* Mojave Pipeline Company submits its Refund Report. *Filed Date:* 05/23/2008. *Accession Number:* 20080527-0100. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 4, 2008. *Docket Numbers:* RP08-388-000. *Applicants:* Gulf South Pipeline Company, LP. *Description:* Gulf South Pipeline Company LP submits Four Revised Sheet 20 *et al.* to FERC Gas Tariff, Sixth Revised Volume 1, to become effective 3/27/08. *Filed Date:* 05/27/2008. *Accession Number:* 20080528-0048. *Comment Date:* 5 p.m. Eastern Time on Monday, June 9, 2008. *Docket Numbers:* RP08-389-000. *Applicants:* Natural Gas Pipeline Company of America. *Description:* Natural Gas Pipeline Company of America LLC submits First Revised Sheet 33C *et al.* to FERC Gas Tariff, Seventh Revised Volume 1, to become effective 6/26/08. *Filed Date:* 05/27/2008. *Accession Number:* 20080528-0047. *Comment Date:* 5 p.m. Eastern Time on Monday, June 9, 2008. *Docket Numbers:* CP08-79-001. *Applicants:* Mardi Gras Midstream, L.L.C. *Description:* Mardi Gras Midstream, LLC. submit its agreement with Temple Inland, showing the applicable rates and terms and conditions of service. *Filed Date:* 05/09/2008. *Accession Number:* 20080509-5110. *Comment Date:* 5 p.m. Eastern Time Thursday, June 5, 2008. *Docket Numbers:* CP08-393-000. *Applicants:* Public Service Company of New Mexico. *Description:* Public Service Company of New Mexico filed a joint abbreviated application for an order approving abandonment by sales and issuing limited jurisdiction certificates of public convenience and necessity and for grant of related waivers of Public Service Company of New Mexico. *Filed Date:* 05/09/2008. *Accession Number:* 20080512-5021. *Comment Date:* 5 p.m. Eastern Time Thursday, June 5, 2008. *Docket Numbers:* CP08-406-000. *Applicants:* Columbia Gulf Transmission Company. *Description:* Columbia Gulf Transmission Company and Transcontinental Gas Pipe Line Corporation submit a joint application for permission and approval to abandon Columbia Gulf's Rate Schedules X-53 *et al.* *Filed Date:* 5/20/2008. *Accession Number:* 20080522-0168. *Comment Date:* 5 p.m. Eastern Time Thursday, June 5, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-12697 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings # 1 May 28, 2008. Take notice that the Commission received the following electric corporate filings: *Docket Numbers:* EC08-92-000. *Applicants:* Lowell Cogeneration Company Limited Partnership. *Description:* Lowell Cogeneration Company Limited Partnership submits Application for Authorization for Disposition of Jurisdictional Facilities and Request for Expedited Action. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0048. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. Take notice that the Commission received the following exempt wholesale generator filings: *Docket Numbers:* EG08-74-000. *Applicants:* Happy Jack Windpower, LLC. *Description:* Self Certification Notice as an Exempt Wholesale Generator of Happy Jack Windpower, LLC. *Filed Date:* 05/21/2008. *Accession Number:* 20080521-5075. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER05-6-106; EL04-135-109; EL02-111-126; EL03-212-122. *Applicants:* Midwest ISO. *Description:* Jersey Central Power and Light Company's CD *et al.* containing Stipulation and Agreement, Explanatory Statement. *Filed Date:* 05/21/2008. *Accession Number:* 20080521-4033. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER05-168-004; ER06-274-009; EL05-19-005. *Applicants:* Southwestern Public Service Company. *Description:* Golden Spread Electric Coop, Inc., *et al.* submits Substitute First Revised Sheet 12 et al to FERC Rate Schedule 132. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0069. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER05-1255-002; ER95-1374-019. *Applicants:* Horizon Power, Inc.; National Fuel Resources, Inc. *Description:* National Fuel Resources, Inc., submits an explanation of why Horizon Power, Inc., *et al.* qualify as Category 1 Sellers of wholesale electricity in the Northeast region of the United States and in all other regions specified. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0092. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER07-940-002. *Applicants:* Midwest Independent Transmission System, PJM Interconnection, L.L.C. *Description:* PJM Interconnection, L.L.C and the Midwest ISO submits a Compliance Filing with the directive that the RTOs indicate the NERC's approved termination date of the twelve-month market flow threshold field test pursuant to the 5/15/08 Order. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-5037. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-169-003. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc., submits an proposed to Attachment P of the Midwest ISO's Open Access Transmission and Energy Markets Tariff, FERC Electric Tariff, Third Revised Volume 1 etc. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0094. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-340-001. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc., submits compliance filing providing for revisions to its Open Access Transmission Tariff. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0038. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER08-404-002. *Applicants:* Midwest Independent Transmission System. *Description:* Midwest Independent Transmission System Operator, Inc., submits an proposed revisions to its Open Access Transmission and Energy Markets Tariff. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0093. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-413-003. *Applicants:* Startrans IO, L.L.C. *Description:* Startrans IO, LLC submits updated Statements AV and BK reflecting their updated capital structure and transmission revenue requirement. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0037. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER08-720-001. *Applicants:* Consolidated Edison Co. of New York, Inc. *Description:* Consolidated Edison Company of New York, Inc., informs FERC that they were contacted by the Commission Staff concerning the issue of conforming the Power Purchase Agreement to the requirements of Order 614. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0095. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-995-000. *Applicants:* Southwest Power Pool. *Description:* Southwest Power Pool, Inc., proposes to revise portions of its Open Access Transmission Tariff relating to its real-time energy imbalance service market. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0068. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER08-996-000. *Applicants:* CBA Endeavors, LLC. *Description:* CBA Endeavors, LLC submits a petition for acceptance of FERC Electric Tariff, Original Volume 1. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0065. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER08-997-000. *Applicants:* Westar Energy, Inc. *Description:* Westar Energy, Inc., submits their Seventh Revised Sheet 4 and 1 to the Wholesale Electric Service Agreement, designated as First Revised Rate Schedule 233. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0064. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER08-998-000. *Applicants:* Westar Energy, Inc. *Description:* Westar Energy, Inc., submits their Petition for Approval of Settlement Agreement. *Filed Date:* 05/21/2008. *Accession Number:* 20080527-0050. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 11, 2008. *Docket Numbers:* ER08-999-000. *Applicants:* Northeast Utilities Service Company. *Description:* Connecticut Light and Power Company submits the executed Design, Engineering, and Procurement Agreement for Baldwin Substation Improvements by and between CL&P and Waterbury Generation LLC. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0100. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-1000-000. *Applicants:* Maine Public Service Company. *Description:* Maine Public Service Company submits proposed revisions to its FERC Open Access Transmission Tariff. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0099. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-1001-000. *Applicants:* Ameren Services Company. *Description:* Central Illinois Public Service Company submits an executed service agreement for Wholesale Distribution Service with Wabash Valley Power Association, Inc., as agent for MJM Electric Cooperative, Inc. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0098. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-1002-000. *Applicants:* Westar Energy, Inc. *Description:* Westar Energy, Inc., *et al.* submits Second Revised Sheet 1 and 11 to First Revised Rate Schedule FERC 168, the electric Power Supply Agreement, dated 2/3/88 etc. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0097. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* ER08-1003-000. *Applicants:* Oklahoma Gas and Electric Company. *Description:* Oklahoma Gas and Electric Company submits Amended and Restated Network Integration Transmission Service Agreement, dated 4/28/08 between OG&E and the Purcell Public Works Authority. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0096. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. Take notice that the Commission received the following electric securities filings: *Docket Numbers:* ES08-50-000. *Applicants:* Aquila, Inc. *Description:* Application of Aquila, Inc. for Authorization of Issuance of Long-Term Debt Securities Under Section 204 of the Federal Power Act. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-5002. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. Take notice that the Commission received the following foreign utility company status filings: *Docket Numbers:* FC08-3-000. *Applicants:* Arasmeta Captive Power Company Private L. *Description:* Self Certification Notice of Arasmeta Captive Power Company Private Limited. *Filed Date:* 05/22/2008. *Accession Number:* 20080522-5034. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* FC08-4-000. *Applicants:* Sitapuram Power Limited. *Description:* Notification of Self-Certification of Foreign Utility Company Status of Sitapuram Power Limited. *Filed Date:* 05/22/2008. *Accession Number:* 20080522-5036. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* FC08-5-000. *Applicants:* Regency Power Corporation Private Limited. *Description:* Notice of Self-Certification of Foreign Utility Company Status of Regency Power Corporation Private Limited. *Filed Date:* 05/22/2008. *Accession Number:* 20080522-5041. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. Take notice that the Commission received the following open access transmission tariff filings: *Docket Numbers:* OA07-100-001. *Applicants:* Black Hills Power, Inc. *Description:* Black Hills Power submits compliance filing to make two modifications to Attachment C. *Filed Date:* 05/22/2008. *Accession Number:* 20080523-0091. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. *Docket Numbers:* OA08-54-002; OA08-55-002; OA08-56-002; OA08-57-002; OA08-99-001; OA08-118-000. *Applicants:* Deseret Generation & Transmission Co-op.; Idaho Power Company; NorthWestern Corporation; PacifiCorp; Black Hills Power, Inc.; Portland General Electric Company. *Description:* Deseret Generation & Transmission Co-operative, Inc *et al.* submits modifications to Rate Schedule FERC 23 *et al.* to reflect the addition of an additional party, Horizon Wind Energy etc. *Filed Date:* 05/22/2008. *Accession Number:* 20080527-0031. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. Take notice that the Commission received the following public utility holding company filings: *Docket Numbers:* PH08-27-000. *Applicants:* Sendero SMGC Limited Acquisition Company. *Description:* FERC-65A Exemption Notification of Sendero SMGC Limited Acquisition Company, LLC. *Filed Date:* 05/22/2008. *Accession Number:* 20080522-5000. *Comment Date:* 5 p.m. Eastern Time on Thursday, June 12, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-12698 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER08-797-000; ER08-797-001] HEEP Fund, Inc.; Notice of Issuance of Order May 30, 2008. HEEP Fund, Inc. (HEEP Fund) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. HEEP Fund also requested waivers of various Commission regulations. In particular, HEEP Fund requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by HEEP Fund. On May 30, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by HEEP Fund, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is June 30, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, HEEP Fund is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of HEEP Fund, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of HEEP Fund's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-12661 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER08-441-000; ER08-441-001; ER08-441-002; ER08-441-003] Velocity American Energy Master I, L.P.; Notice of Issuance of Order May 30, 2008. Velocity American Energy Master I, L.P. (Velocity American Energy) filed an application for market-based rate authority, with an accompanying rate schedule. The proposed market-based rate schedule provides for the sale of energy and capacity at market-based rates. Velocity American Energy also requested waivers of various Commission regulations. In particular, Velocity American Energy requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by Velocity American Energy. On May 30, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by Velocity American Energy, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is June 30, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, Velocity American Energy is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of Velocity American Energy, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of Velocity American Energy's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov* , using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-12660 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P FEDERAL ENERGY REGULATORY COMMISSION [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice April 18, 2008. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication. Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)
(1)(v). The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at (866)208-3676, or for TTY, contact (202)502-8659. Exempt: Docket No. Date received Presenter or requester 1. CP07-208-000 5-5-08 Hon. Charles A. Wilson. Kimberly D. Bose, Secretary. [FR Doc. E8-12656 Filed 6-5-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2008-0438; FRL-8576-7] Agency Information Collection Activities; Proposed Collection; Comment Request; Microbial Rules (Renewal); EPA ICR No. 1895.04, OMB Control No. 2040-0205 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is scheduled to expire on September 30, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before August 5, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-2008-0438, by one of the following methods: • *http://www.regulations.gov* (our preferred method): Follow the on-line instructions for submitting comments. • *E-mail: OW-Docket@epa.gov* . • *Mail:* U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Water Docket, MC: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* EPA Docket Center, Public Reading Room, EPA Headquarters West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OW-2008-0438. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: Richard Naylor, Drinking Water Protection Division, Office of Ground Water and Drinking Water, (MC: 4606M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-3847; fax number: 202-564-3755; e-mail address: *naylor.richard@epa.gov* . SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OW-2008-0438, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Water Docket is 202-566-2426. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested In? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply to? *Affected entities:* New and existing public water systems (PWS), primacy agencies, and EPA. *Title:* Microbial Rules (Renewal). *ICR numbers:* EPA ICR No. 1895.04, OMB Control No. 2040-0205. *ICR status:* This ICR is currently scheduled to expire on September 30, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The Microbial Rules Renewal ICR examines public water system, primacy agency and EPA burden and costs for recordkeeping and reporting requirements in support of the microbial drinking water regulations. These recordkeeping and reporting requirements are mandatory for compliance with 40 CFR parts 141 and 142. The following microbial regulations are included: Surface Water Treatment Rule (SWTR), Total Coliform Rule (TCR), Interim Enhanced Surface Water Treatment Rule (IESWTR), Filter Backwash Recycling Rule (FBRR), Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR), and Ground Water Rule. Future microbial-related rulemakings will be added to this consolidated ICR after the regulations are finalized and the initial, rule-specific, ICRs are due to expire. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.79 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 161,274. *Frequency of response:* Varies by requirement (i.e., on occasion, monthly, quarterly, semi-annually, and annually). *Estimated total average number of responses for each respondent:* 72. *Estimated total annual burden hours:* 9,151,424 hours. *Estimated total annual costs:* $118,653,327. This includes an estimated burden cost of $14,698,327 and an estimated cost of $22,793,000 for capital investment and $81,162,000 for maintenance and operational costs. Are There Changes in the Estimates From the Last Approval? There is an increase of 526,559 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase is primarily due to restructuring adjustments (i.e., incorporation of the approved burden hours from the previously stand-alone ICRs for the Long Term 2 Enhanced Surface Water Treatment Rule, and Ground Water Rule What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: June 2, 2008. Cynthia C. Dougherty, Director, Office of Ground Water and Drinking Water. [FR Doc. E8-12708 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2008-0437; FRL-8576-8] Agency Information Collection Activities; Proposed Collection; Comment Request; Public Water System Supervision Program (Renewal); EPA ICR No. 0270.43, OMB Control No. 2040-0090 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request
(ICR)to the Office of Management and Budget (OMB). This ICR is scheduled to expire on September 30, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before August 5, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-2008-0437, by one of the following methods: • *http://www.regulations.gov* (our preferred method): Follow the on-line instructions for submitting comments. • *E-mail: OW-Docket@epa.gov* . • *Mail:* U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Water Docket, MC: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* EPA Docket Center, Public Reading Room, EPA Headquarters West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OW-2008-0437. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an ”anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: Richard Naylor, Drinking Water Protection Division, Office of Ground Water and Drinking Water, (MC: 4606M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-564-3847; fax number: 202-564-3755; e-mail address: *naylor.richard@epa.gov* . SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OW-2008-0437, which is available for online viewing at *http://www.regulations.gov* , or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Water Docket is 202-566-2426. Use *http://www.regulations.gov* to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:
(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(ii)evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(iii)enhance the quality, utility, and clarity of the information to be collected; and
(iv)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES . 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. What Information Collection Activity or ICR Does This Apply To? *Affected entities:* New and existing public water systems (PWS), primacy agencies, and EPA. *Title:* Public Water System Supervision Program (Renewal). *ICR numbers:* EPA ICR No. 0270.43, OMB Control No. 2040-0090. *ICR status:* This ICR is currently scheduled to expire on September 30, 2008. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The Public Water System Supervision
(PWSS)Program Renewal ICR examines public water system, primacy agency, EPA and tribal operator certification provider burden and costs for “cross-cutting” recordkeeping and reporting requirements (i.e., the burden and costs for complying with drinking water information requirements that are not associated with contaminant-specific rulemakings). These activities which have recordkeeping and reporting requirements that are mandatory for compliance with 40 CFR parts 141 and 142 include the following: Consumer Confidence Reports (CCRs), Primacy Regulation Activities, Variance and Exemption Rule (V/E Rule), General State Primacy Activities, Public Notification
(PN)and Proficiency Testing Studies for Drinking Water Laboratories. The information collection activities for both the Operator Certification/Expense Reimbursement Program and the Capacity Development Program are driven by the grant withholding and reporting provisions under sections 1419 and 1420, respectively, of the Safe Drinking Water Act. Although the Tribal Operator Certification Program is voluntary, the information collection is driven by grant eligibility requirements outlined in the Drinking Water Infrastructure Grant Tribal Set-Aside Program Final Guidelines and the Tribal Drinking Water Operator Certification Program Guidelines. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 6.5 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: *Estimated total number of potential respondents:* 161,682. *Frequency of response:* Varies by requirement (i.e., on occasion, monthly, quarterly, semi-annually, and annually). *Estimated total average number of responses for each respondent:* 3.1. *Estimated total annual burden hours:* 3,249,695 hours. *Estimated total annual costs:* $119,174,000. This includes an estimated burden cost of $97,636,000 and an estimated cost of $21,538,000 for capital investment or maintenance and operational costs. Are There Changes in the Estimates From the Last Approval? There is an increase of about 23,668 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase is due to restructuring adjustments (i.e., incorporation of the approved burden hours from the previously stand-alone ICR for the Proficiency Testing Studies for Drinking Water Laboratories). What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another **Federal Register** notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT . Dated: June 2, 2008. Cynthia C. Dougherty, Director, Office of Ground Water and Drinking Water. [FR Doc. E8-12709 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0145; FRL-8576-9] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; National-Scale Activity Survey (N-SAS); EPA ICR No. 2293.01, OMB Control No. 2060-NEW AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before July 7, 2008. ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2008-0145, to
(1)EPA online using *www.regulations.gov* (our preferred method), by e-mail to *a-and-r-Docket@epa.gov* , or by mail to: EPA Docket Center, Environnemental Protection Agency, Air and Radiation Docket and Information Center, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Zachary Pekar, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C504-06, Research Triangle Park, NC 27711; telephone: 919-541-3704; fax: 919-541-0237; e-mail: *pekar.zachary@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On February 28, 2008 (73 FR 10765), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ\OAR-2008-0145, which is available for online viewing at *www.regulations.gov* , or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air and Radiation Docket is 202-566-1742. Use EPA's electronic docket and comment system at *www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *www.regulations.gov.* *Title:* National-Scale Activity Survey (N-SAS). *ICR numbers:* EPA ICR No. 2293.01, OMB Control No. 2060-NEW. *ICR Status:* This ICR is for a new information collection activity. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* EPA supports the Air Quality Index (AQI), a program that uses data from air quality monitors to forecast pollution levels and to notify the public of health hazards associated with air pollution, primarily ozone and particulate matter pollution (PM). EPA, specifically the Office of Air Quality Planning and Standards, which manages the AQI program, is interested in assessing the public's awareness, knowledge and both stated and actual behavioral response to AQI warnings. To address this need, OAQPS wishes to conduct the National-Scale Activity Surveys (N-SAS) to gather information on perceptions, awareness, attitudes, and stated and actual behaviors in response to AQI warnings. EPA is requesting permission from OMB to conduct a survey of 1,600 individuals age 35 or older who meet minimal activity requirements living in Washington, DC; Sacramento (also other cities in San Joaquin Valley—San Joaquin, Stanislaus, Merced, Madera, Fresno), Chicago, Dallas, Houston, Atlanta, Philadelphia, or St. Louis. The data will be collected through a web-based survey of members from Knowledge Network's web panel. The N-SAS consists of a series of nine surveys. A screening survey at the beginning and a debriefing survey at the end will provide information on the research participants, their awareness and knowledge of air pollution and the Air Quality Index (AQI), risk perceptions regarding health effects, and reported behaviors on high ozone days. After the screening survey, research participants will be administered a set of seven activity diaries administered on both high and low ozone days to collect information on actual behavior. The information obtained from N-SAS will be used by EPA to assess hypotheses for the N-SAS research participants regarding: • Extent of awareness of and knowledge about the AQI; • The effects of the AQI-based warnings on behavior in eight cities with significant pollution problems; • The correlation between awareness, knowledge, stated behavior on high pollution days and data on behavior reported in the activity diariesl; • Differences in behavior, awareness and knowledge among different sub-samples of the N-SAS research participants. In addition to assessing the effectiveness of AQI-based ozone warnings, the data will also be used to supplement the limited data available to develop exposure profiles for older Americans. Participation in N-SAS and response to individual questions are voluntary. The respondents will be anonymous to EPA and contractor staff and Knowledge Networks keeps identify of respondents confidential. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.25 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Members of the Knowledge Networks web panel
(1)age 35 or older,
(2)who respond yes to “During the past month, did you participate in any physical activities or exercises such as running, calisthenics, golf, gardening, or walking for exercise?” and
(3)live in Washington, DC; Sacramento (also other cities in San Joaquin Valley—San Joaquin, Stanislaus, Merced, Madera, Fresno), Chicago, Dallas, Houston, Atlanta, Philadelphia, or St. Louis. *Estimated Number of Respondents:* 1,600. *Frequency of Response:* Up to 10 responses per respondent over 4 months. *Estimated Total Annual Hour Burden:* 828 hours. *Estimated Total Annual Cost:* $22,803, includes $0 annualized capital or O&M costs. Dated: June 2, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-12729 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6699-6] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements
(EISs)was published in FR dated April 11, 2008 (73 FR 19833). Draft EISs *EIS No. 20080057, ERP No. D-AFS-J65509-MT,* Young Dodge Project, Proposed Timber Harvest and Associate Activities, Prescribed Burning, Road and Recreation Management, Kootenai National Forest, Rexford Ranger District, Lincoln County, MT. Summary: EPA supports activities to reduce hazardous fuels and fire risk in wildland and urban interface, and restore declining tree species. However, EPA expressed environmental concerns about the impacts from disturbance to soil, water, wildlife and habitat connectivity, and recommended modifications to the preferred alternative, including additional road segment closure to reduce these impacts. Rating EC2. *EIS No. 20080059, ERP No. D-AFS-J65510-UT,* Uinta National Forest Oil and Gas Leasing, Implementation, Identify National Forest Systems Land with Federal Mineral Rights, Wasatch, Utah, Juab, Tooele, and Sanpete Counties, UT Summary: EPA expressed environmental concerns about air quality, wetlands, and inventoried roadless areas, and recommended confirmation of the anticipated air impacts and clarification of the wetlands and roadless area impacts. Rating EC2. *EIS No. 20080095, ERP No. D-NOA-L39065-OR,* Bull Run Water Supply Habitat Conservation Plan, Application for and Incidental Take Permit to cover the Continued Operation and Maintenance, Sandy River Basin, City of Portland, OR Summary: EPA does not object to the proposed project. Rating LO. *EIS No. 20080117, ERP No. D-AFS-L65550-00,* Selway-Bitterroot Wilderness Plants Management Project, To Prevent the Establishment of New Invaders and Reduce the Impacts of Established Invasive Plants on Native Plant Community Stability, Sustainability and Diversity, Nez Perce, Clearwater, Lolo, and Bitterroot National Forests, ID and MT. Summary: EPA expressed environmental concerns about potential herbicide treatment impacts to water quality within waterbodies that presently do not meet water quality standards. The final EIS should include information demonstrating that weed treatments would be protective of water quality. Rating EC2. *EIS No. 20080126, ERP No. D-AFS-L65551-ID,* Corralled Bear Project, Management of Vegetation, Hazardous Fuels, and Access, Plus Watershed Improvements, Palouse Ranger District, Clearwater National Forest, Latah County, ID. Summary: EPA supports the management direction proposed under Alternative 3 and requested that the final EIS include additional clarification on the proposed OHV route designations. Rating LO. *EIS No. 20080153, ERP No. DS-NOA-E91021-00,* Snapper Grouper Amendment 15B, Fishery Management Plan, Updated Information on the Economic Analysis for the Bag Limit Sales Provision, Update Management Reference Point for Golden Tilefish (Lopholatilus chamaeleonticeps); Define Allocations for Snowy Grouper (Epinephelus niveatus) and Red Porgy (Pagrus pagrus), NC, SC, FL, and GA. Summary: EPA does not object to the proposed action. Rating LO. Final EISs *EIS No. 20080157, ERP No. F-AFS-L65522-WA,* Gifford-Pinchot National Forest and Columbia River Gorge National Scenic Area (Washington Portion) Site-Specific Invasive Plant Treatment Project, Implementation, Skamania, Cowlitz, Lewis, Clark, Klickitat Counties, WA. Summary: No formal comment letter was sent to the preparing agency. Dated: June 3, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8-12710 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0143; FRL-8366-5] The Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group; Notice of Public Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) will hold a 2-day meeting, beginning on June 23, 2008 and ending June 24, 2008. This notice announces the location and times for the meeting and sets forth the tentative agenda topics. DATES: The meeting will be held on Monday, June 23, 2008 from 8:30 a.m. to 5 p.m. and 8:30 a.m. to 12 noon on Tuesday, June24, 2008. To request accommodation of a disability, please contact the person listed under FOR FURTHER INFORMATON CONTACT , preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. ADDRESSES: The meeting will be held at EPA, One Potomac Yard (South Bldg) 2777 Crystal Drive, Arlington, VA., 4th Floor South Conference Room. FOR FURTHER INFORMATION CONTACT: Georgia McDuffie, Field and External Affairs Division, 7506P. Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)605-0195; fax number:
(703)308-1850; e-mail address: *mcduffie.georgia@epa.gov* or Grier Stayton, SFIREG Executive Secretary, P.O. Box 466, Milford, DE 19963; telephone number:
(302)422-8152; fax
(302)422-2435; e-mail address: *grier stayton.aapco-sfireg@comcast.net.* SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are interested in SFIREG information exchange relationship with EPA regarding important issues related to human health, environmental exposure to pesticides, and insight into EPA's decision-making process are invited and encouraged to attend the meetings and participate as appropriate. Potentially affected entities may include, but are not limited to: Those persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug and Cosmetic Act (FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket.* EPA has established a docket for this action under docket ID number EPA-HQ-OPP-2008-0143. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs
(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. Background 1. Web Based Labeling for Pesticides 2. Report from OPP and Office of Water on Cooperation on Pesticide Issues 3. Enforceability/Accountability of Label Language 4. PR Notice on HAVC Labeling and Regulated Community Concerns 5. Endangered Species Implementation 6. Update on Container/Containment Regulations and Revisions 7. Recycling Regulations 8. Tribal Pesticide Program Council Update 9. OPP and OECA Program Updates 10. AAPSE Update 11. Regional Reports 12. Working Committee Reports 13. Part Measures and Goals 14. Drift Mitigation Statements for Pyrethroids and 2,4-D 15. Update on Region 5 Pilot Project on Water Quality Benchmark Methods. List of Subjects Environmental protection. Dated: May 16, 2008 William R. Diamond, Director, Field External Affairs Division, Office of Pesticide Programs. [FR Doc. E8-12616 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA—New England Region I—EPA-R01-OW-2008-0213; FRL-8574-6] Massachusetts Marine Sanitation Device Standard—Receipt of Petition AGENCY: Environmental Protection Agency (EPA). ACTION: Notice—receipt of petition. SUMMARY: Notice is hereby given that a petition has been received from the Commonwealth of Massachusetts requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for all Boston Harbor waters of the Inner and Outer Harbor and will extend into Massachusetts Bay to encompass all of the islands in the Boston Harbor Islands National Park Area, including the Brewster Islands and the Graves. It will include sections of the Chelsea, Mystic, Charles, Neponset, Weymouth Fore, Weymouth Back and Weir Rivers, all of which feed into the harbor. The waters of the proposed NDA fall within the jurisdictions of Boston, Braintree, Cambridge, Chelsea, Everett, Hingham, Hull, Milton, Newton, Quincy, Watertown, Weymouth, and Winthrop. DATES: July 7, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-OW-2008-0213 by one of the following methods: *http://www.regulations.gov* , Follow the on-line instructions for submitting comments. *E-mail:* *rodney.ann@epa.gov.* *Fax:*
(617)918-0538. *Mail and hand delivery:* U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. Deliveries are only accepted during the Regional Office's normal hours of operation (8 a.m.-5 p.m., Monday through Friday, excluding legal holidays), and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R01-OW-2008-0213. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* , or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copy-righted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. Such deliveries are only accepted during the Regional Office's normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office is open from 8 a.m.-5 p.m., Monday through Friday, excluding legal holidays. The telephone number is
(617)918-1538. FOR FURTHER INFORMATION CONTACT: Ann Rodney, U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. Telephone:
(617)918-1538, Fax number:
(617)918-0538; e-mail address: *rodney.ann@epa.gov* . SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has been received from the Commonwealth of Massachusetts requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, pursuant to section 312(f)(3) of Public Law 92-500 as amended by Public Law 95-217 and Public Law 100-4, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the area within the following boundaries: The seaward boundary of the NDA is defined by municipal boundaries and, where possible, aids to navigation. Waterbody/General area Latitude Longitude Landside Town boundary between Revere and Winthrop 42° 23′ 30″ N 70° 58′ 50″ W Offshore town boundary between Nahant, Revere, and Winthrop 42° 24′ 28″ N 70° 57′ 33″ W Offshore town boundary between Nahant and Winthrop 42° 23′ 13″ N 70° 55′ 28″ W Offshore town boundary between Nahant and Winthrop 42° 23′ 04″ N 70° 54′ 04″ W Offshore town boundary between Nahant and Winthrop 42° 23′ 32″ N 70° 51′ 28″ W Aid to Navigation RW “BG” Mo (A), 1.6nm NNE of the Graves 42° 23′ 27″ N 70° 51′ 30″ W Aid to Navigation G “5” Fl G 4s WHISTLE, 0.8nm NE of the Graves 42° 22′ 34″ N 70° 51′ 29″ W Aid to Navigation R “2” Fl R 4s BELL, Three & One-Half Fathom Ledge 42° 21′ 04″ N 70° 50′ 31″ W Aid to Navigation G “1” Q G WHISTLE, Thieves Ledge 42° 19′ 32″ N 70° 49′ 51″ W Offshore town boundary between Hull and Cohasset 42° 18′ 34″ N 70° 47′ 25″ W Landside boundary between Hull and Cohasset 42° 15′ 54″ N 70° 49′ 34″ W The landward boundaries of the proposed NDA are: Waterbody/General area Latitude Longitude The Saratoga Street bridge between Winthrop and Boston 42° 22′ 58″ N 70° 59′ 40″ W The railway bridge on the Chelsea River between Chelsea and Revere 42° 24′ 06″ N 71° 00′ 40″ W The Amelia Earhart Dam on the Mystic River 42° 23′ 42″ N 71° 04′ 30″ W The Watertown Dam on the Charles River 42° 21′ 55″ N 71° 11′ 22″ W The Baker Dam on the Neponset River 42° 16′ 15″ N 71° 04′ 08″ W The Shaw Street bridge on the Weymouth Fore River 42° 13′ 20″ N 71° 58′ 25″ W Where Bridge Street crosses the Weymouth Back River between Weymouth and Hingham 42° 14′ 50″ N 70° 55′ 52″ W Where Nantasket Avenue crosses the Weir River between Hingham and Hull 42° 15′ 37″ N 70° 50′ 41″ W The proposed NDA boundary includes the municipal waters of Boston, Braintree, Cambridge, Chelsea, Everett, Hingham, Hull, Milton, Newton, Quincy, Watertown, Weymouth, and Winthrop. Massachusetts has provided documentation indicating that the total vessel population is estimated to be 8,720 in the proposed area. It is estimated that 4,047 of the total vessel population may have a Marine Sanitation Device
(MSD)of some type. There are marinas, yacht clubs and public landings/piers in the proposed area with a combination of mooring fields and dock space for the recreational and commercial vessels. Massachusetts has certified that there are 35 pumpout facilities within the proposed area available to the boating community and four additional facilities pending. The majority of facilities are connected directly into the local wastewater treatment system. A list of the facilities, phone numbers, locations, and hours of operation is provided at the end of this petition. Boston Harbor is rich in natural resources and includes the Boston Harbor Islands National Park Area, four state-recognized Areas of Critical Environmental Concern (Rumney Marshes, Neponset River Estuary, Weir River Estuary, and Weymouth Back River), and numerous local parks and beaches. Boston Harbor has eelgrass beds, salt marshes, estuaries and mud flats that provide suitable habitat for blue mussels, razor clams, soft shell clams, lobsters, coastal and pelagic birds (including 5 listed species), striped bass, smelt, alewives and herring. The area supports over 300 migratory bird species. In addition to the natural resources, the area has regional and national attractions such as the Children's Museum, New England Aquarium, Faneuil Hall Marketplace, the USS Constitution, Navy Yard Historical Park, and many other attractions that bring an estimated 16 million visitors per year. Pumpout Facilities Within Proposed No Discharge Area Name Location Contact information Hours Mean low water depth
(ft)Boston Harbor Shipyard and Marina Boston
(617)561-1400, VHF 9 7 a.m.-8 p.m., On call 25 ft. N/A. The Marina at Rowes Wharf Boston
(617)439-3131, VHF 9 8 a.m.-4 p.m., May 1-Oct. 31 10 ft. Boston Waterboat Marina Boston
(617)523-1027, VHF 9 7 a.m.-7 p.m., Call ahead 5 ft to 25 ft. N/A. Boston Yacht Haven Boston
(617)367-5050, VHF 9 8 a.m.-7 p.m. 10 ft. Black Falcon Pier Boston
(617)946-4417 9 a.m.-5 p.m. 35 ft. Boston Harbor Cruises ** Boston
(617)227-4321 6:30 a.m.-8:30 p.m. (weekdays), 10 a.m.-6:30 p.m. (weekends) 22 ft. Boston Towing & Transportation Boston
(617)567-9100 24/7 N/A. City of Boston * Boston TBD TBD N/A. Berth 10 * Boston
(617)918-6203 TBD Mass Bays Lines ** Boston
(617)542-8000. Charles River Yacht Club Cambridge
(617)354-8881, VHF 9 8 a.m.-8 p.m. N/A. Charles Riverboat Company ** Cambridge
(617)621-3001. Constitution Marina Charlestown
(617)241-9818, VHF 69 9 a.m.-8 p.m. (summer), 9 a.m.-5 p.m. (winter) 30 ft. N/A. Mystic Marine Charlestown
(617)293-6247, VHF 72 7 a.m.-7 p.m. (Mon-Fri) 35 ft. 35 ft. Shipyard Quarters Marina Charlestown
(617)242-2020, VHF 7, 9, 16 8 a.m.-7 p.m. 20 ft. N/A. Charlestown Pier 4 Charlestown
(617)918-6231 Appointment Only 30 ft. Charlestown Pier 3 * Charlestown
(617)918-6201 TBD. Constellation Tug ** Charlestown
(617)561-0223 24/7 N/A. Marine at Admirals Hill Chelsea
(617)889-4002, VHF 9, 10 8 a.m.-5 p.m. 6 ft. Dorchester Yacht Club Dorchester
(617)436-1002, VHF 9 8 a.m.-6 p.m. 7 ft. Port Norfolk Yacht Club Dorchester
(617)822-3333, VHF 9, 11 24/7, self-service 7.5 ft. Town of Hingham Hingham
(781)741-1450, VHF 12, 16 3 p.m.-7 p.m. (Tue, Thurs, Sat & Sun) N/A. Town of Hull Hull
(781)925-0316, VHF 9, 16 8 a.m.-4 p.m. N/A. *TBD. Quincy Bay Quincy
(617)908-9757, VHF 9 8 a.m.-4 p.m. (weekend), High-tide (weekday) N/A. Bay Pointe Marina Quincy
(617)471-1777, VHF 9 Call ahead 8 ft. Captain's Cove Marina Quincy
(617)328-3331, VHF 69 24/7 6 ft. Marina Bay on Boston Harbor Quincy
(617)847-1800, VHF 10 7:30 a.m.-8 p.m. N/A. Town River Yacht Club Quincy
(617)471-2716, VHF 71 Call ahead 35 ft. Harbor Express ** Quincy
(617)542-8000. Watertown Yacht Club Watertown
(617)924-9848 8 a.m.-4 p.m. (Tue-Thur, Sat), 11 a.m.-7 p.m.
(Fri)6 ft. Wessagussett Yacht Club Weymouth VHF 71 6 a.m.-8 p.m. (Mon-Fri), 9 a.m.-9 p.m. (Sat-Sun) 8 ft. Town of Winthrop Winthrop
(617)839-4000, VHF 9, 16 10 a.m.-8 p.m. N/A. 8 to 30 ft. * = Pending facilities. ** = Private commercial facilities. Dated: May 23, 2008. Robert W. Varney, Regional Administrator, New England Region. [FR Doc. E8-12224 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6699-5] Environmental Impacts Statements; Notice of Availability *Responsible Agency:* Office of Federal Activities, General Information
(202)564-7167 or *http://www.epa.gov/compliance/nepa/* Weekly receipt of Environmental Impact Statements Filed 05/26/2008 through 05/30/2008. Pursuant to 40 CFR 1506.9. *EIS No. 20080215, Draft EIS, SFW, AK,* Kenai National Wildlife Refuge Draft Revised Comprehensive Conservation Plan, Implementation, AK, Comment Period Ends: 09/01/2008, Contact: Rob Campellone 907-786-3982. *EIS No. 20080216, Final EIS, BPA, MT,* Libby
(FEC)to Troy Section of BPA's Libby to Bonner Ferry 115-kilovolt Transmission Line Project, Rebuilding Transmission Line between Libby and Troy, Lincoln County, MT , Wait Period Ends: 07/07/2008, Contact: Tish Eaton 503-230-3469. *EIS No. 20080217, Draft Supplement, COE, CA,* Pacific Los Angeles Marine Terminal Crude Oil Marine Terminal, Construction and Operation of a New Marine Terminal from Pier 400, Berth 408 Project, U.S. Army COE Section 10 and 404 Permits, Port of Los Angeles, Los Angeles County, CA, Comment Period Ends: 07/29/2008, Contact: Dr. Spencer D. MacNeil 805-585-2152. *EIS No. 20080218, Draft EIS, AFS, SD,* West Rim Project, Proposes to Implement Multiple Resource Management Actions, Northern Hills Ranger District, Black Hills National Forest, Lawrence County, SD, Comment Period Ends: 07/21/2008, Contact: Chris Stores 605-642-4622. *EIS No. 20080219, Draft EIS, NOA, 00,* PROGRAMMATIC—Coral Restoration in the Florida Keys and Flower Garden Banks National Marine Sanctuaries, Implementation, FL, TX, and LA, Comment Period Ends: 07/21/2008, Contact: Alice Stratton 203-882-6515. *EIS No. 20080220, Draft EIS, FHW, CA,* Jepson Parkway Project, Proposes to Upgrade and Link a Series of Existing Two and Four-Lane Roadways, Right-of-Way, Endangered Species Act Section 7 and U.S. Army COE Section 404 Permits, Solano County, CA, Comment Period Ends: 07/21/2008, Contact: Melanie Brent 510-286-5231. *EIS No. 20080221, Final EIS, AFS, ID,* Bussel 484 Project Area, Manage the Project Area to Achieve Desired Future Conditions for Vegetation, Fire, Fuels, Recreation, Access, Wildlife, Fisheries, Soil and Water, Idaho Panhandle National Forest, St. Joe Ranger District, Shoshone County, ID , Wait Period Ends: 07/07/2008, Contact: Cornie Hudson 208-245-2531. *EIS No. 20080222, Draft EIS, COE, FL,* South Florida Water Management District (SFWMD) Project, Propose to Construct and Operate Stormwater Treatment Areas STAs) on Compartment B and C of the Everglades Agriculture Area, U.S. Army COE Section 404 Permit, Palm Beach and Hendry Counties, FL, Comment Period Ends: 07/21/2008, Contact: Tori White 561-472-3517. *EIS No. 20080223, Final EIS, AFS, MT,* Beartooth Ranger District Travel Management Planning, Proposing to Designate Routes for Public Motorized Use, and Change Management of Pack and Saddle Stock on Certain Trail, Beartooth Ranger District, Custer National Forest, Carbon, Stillwater, Sweet Grass, and Park Counties, MT, Wait Period Ends: 07/07/2008, Contact: Doug Epperly 406-657-6205, Ext-225. *EIS No. 20080224, Final EIS, STB, TX,* Southwest Gulf Railroad Project, Construction and Operation Exemption, To Transport Limestone from Vulcan Construction Materials
(VCM)Quarry to Del Rio Subdivision, Medina County, TX, Wait Period Ends: 07/07/2008, Contact: Diana Wood 202-245-0302. *EIS No. 20080225, Draft EIS, AFS, SD,* South Project Area, Proposes Multiple Resource Management Actions, Hell Canyon Ranger District, Black Hills National Forest, Custer County, SD, Comment Period Ends: 07/21/2008, Contact: Betsy Koncerak 605-673-4853. *EIS No. 20080226, Final EIS, FRC, 00,* Midcontinent Express Pipeline Project, (Docket Nos. CP08-6-000), Construction and Operation to Facilitate the Transport of 1,500, 000 dekatherms per day of Natural Gas from Production Fields in eastern TX, OK, and AR to Market Hub, Located in various counties and parishes in OK, TX, LA, MS and AL , Wait Period Ends: 07/07/2008, Contact: Patricia Schaub 1-866-208-3372. Amended Notices *EIS No. 20060490, Draft EIS, OSM, 00,* Black Mesa Project, Revisions to the Life-of-Mine Operation and Reclamation for the Kayenta and Black Mesa Surface-Coal Mining Operations, Right-of-Way Grant, Mohave, Navajo, Coconino and Yavapai Counties, AZ and Clark County, NV, Comment Period Ends: 07/07/2008, Contact: Dennis Winterringer 303-293-5048. Revision to FR Notice Published 12/01/2006: Correction to Contact Person Name and Telephone. *EIS No. 20080205, Revised Final EIS, FHW, TX,* Grand Parkway/TX-99 Segment F-1 Highway Construction, U.S. 290 to TX-249, Funding and U.S. Army COE Section 404 Permit Issuance, Harris, Montgomery, Fort Bend, Liberty, Brazoria, Galveston and Chambers Counties, TX, Wait Period Ends: 07/10/2008, Contact: Brett Jackson 512-536-5946. Revision of FR Published 05/30/2008: Correction to Title and Contact Person Name and Telephone. *EIS No. 20080213, Final EIS, COE, NC,* PCS Phosphate Mine Continuation, New Information on Additional Alternative “L” and “M”, Proposes to Expand its Existing Open Pit Phosphate Mining Operation into a 3,412 Acre Tract, Pamlico River and South Creek, near Aurora, Beaufort County, NC, Wait Period Ends: 07/09/2008, Contact: Tom Walker 828-271-7980 Ext. 222. Revision of FR Notice Published 05/30/2008: Extending Comment Period from 6/30/2008 to 07/09/2008. Dated: June 3, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8-12714 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL HOUSING FINANCE BOARD Sunshine Act Meeting Notice; Announcing a Partially Open Meeting of the Board of Directors Time and Date: The open meeting of the Board of Directors is scheduled to begin at 10 a.m., on Wednesday, June 11, 2008. The closed portion of the meeting will follow immediately the open portion of the meeting. Place: Board Room, First Floor, Federal Housing Finance Board, 1625 Eye Street NW., Washington DC 20006. Status: The first portion of the meeting will be open to the public. The final portion of the meeting will be closed to the public. Matter to be Considered at the Open Portion: Amendment to the Capital Structure Plan of the Federal Home Loan Bank of Dallas. Matter to be Considered at the Closed Portion: Periodic Update of Examination Program Development and Supervisory Findings. Contact Person for More Information: Shelia Willis, Paralegal Specialist, Office of General Counsel, at 202-408-2876 or *williss@fhfb.gov.* Dated: June 2, 2008. By the Federal Housing Finance Board. Christopher T. Curtis, General Counsel. [FR Doc. 08-1331 Filed 6-4-08; 10:17 am]
Connectionstraces to 38
Traces to 38 documents
CFR
31 references not yet in our index
  • 50 CFR 622
  • 7 USC 7701-7772
  • 7 CFR 2.22
  • 41 USC 46-48c
  • 41 CFR 51
  • 41 USC 47(a)(2)
  • 366 F. Supp. 2d 1246
  • 374 F. Supp. 2d 1333
  • 43 F.3d 1442
  • 293 F. Supp. 2d 1334
  • 117 F.3d 1401
  • 243 F.3d 1301
  • 929 F. Supp. 426
  • 50 CFR 216
  • 50 CFR 222
  • Pub. L. 104-297
  • 20 USC 7345-7345b
  • 10 CFR 440
  • 10 CFR 420
  • Pub. L. 92-463
  • Pub. L. 101-440
  • 18 CFR 34
  • 40 CFR 1501.6
  • 40 CFR 9
  • 5 CFR 1320.12
  • 5 CFR 1320.5(a)(1)(iv)
  • 5 CFR 1320.8(d)
  • Pub. L. 92-500
  • Pub. L. 95-217
  • Pub. L. 100-4
  • 40 CFR 1506.9
Citation graph
cites case law
Rules and Regulations
Notice of Availability of an amendment to a fishery management plan; request for comments
U.S.C.§ 1801
Fed. Reg.Presidential Documents
C.F.R.§ 351.213
C.F.R.§ 351.212
C.F.R.§ 351.106
C.F.R.§ 351.402
C.F.R.§ 351.305
C.F.R.§ 351.309
C.F.R.§ 351.221
F. Supp.366 F. Supp. 2d 1246
F. Supp.374 F. Supp. 2d 1333
F. App'x43 F.3d 1442
Cites 69 · showing 12Cited by 0 across 0 sources
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