Notices. Notice
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BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-0321] Hospira, Inc., et al.; Withdrawal of Approval of One New Drug Application and Two Abbreviated New Drug Applications AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is withdrawing approval of one new drug application
(NDA)and two abbreviated new drug applications (ANDAs) for edetate disodium injection. The holders of these applications have agreed in writing to permit FDA to withdraw approval of the applications and have waived their opportunity for a hearing. DATES: Effective June 12, 2008. FOR FURTHER INFORMATION CONTACT: Florine P. Purdie, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6366, Silver Spring, MD 20993-0002, 301-796-3601. SUPPLEMENTARY INFORMATION: FDA informed the holders of the following applications that the agency believes a potential problem associated with edetate disodium is sufficiently serious that the following drug products should be removed from the market: Application No. Drug Applicant NDA 11-355 ENDRATE (edetate disodium) Injection Hospira, Inc., 275 North Field Dr., Lake Forest, IL 60045- 5046 ANDA 40-376 Edetate Disodium Injection Apotex Inc., 150 Signet Dr., Toronto, Ontario, Canada M9L 1T9 ANDA 40-437 Edetate Disodium Injection Bioniche Pharma, 272 E. Deerpath Rd., suite 304, Lake Forest, IL 60045 Edetate disodium is indicated for the treatment of hypercalcemia and for the control of ventricular arrhythmias associated with digitalis toxicity. Hospira, Inc. (Hospira), Apotex Inc. (Apotex), and Bioniche Pharma (Bioniche) have agreed in writing to permit FDA to withdraw approval of their respective applications (listed in the table of this document), and to voluntarily remove their respective products from the market, under § 314.150(d) (21 CFR 314.150(d)). On January 16, 2008, FDA issued a public health advisory to alert patients and healthcare professionals about important safety information concerning the drug edetate disodium (see “FDA Public Health Advisory: Edetate Disodium (Marketed as ENDRATE and Generic Products),” available on the Internet at *http://www.fda.gov/cder/drug/infopage/edetate_disodium/default.htm* ). As noted in the January 16, 2008, Public Health Advisory, there have been cases where children and adults have died when they were mistakenly given edetate disodium instead of edetate calcium disodium (calcium disodium versenate) or when edetate disodium was used for indications other than those approved by FDA. FDA asked Hospira, Apotex, and Bioniche to voluntarily remove their products (listed in the table of this document) from the market because of safety concerns. Hospira's NDA 11-355 for ENDRATE was initially approved in 1959 solely on the basis of safety. The 1962 amendments to the Federal Food, Drug, and Cosmetic Act (the act) required that drugs be shown to be effective as well. To accomplish this, FDA initiated the Drug Efficacy Study Implementation
(DESI)review to evaluate the effectiveness of drugs that had been previously approved on safety grounds alone. In its DESI review of edetate disodium, FDA concluded that edetate disodium was effective for the treatment of hypercalcemia and for the control of ventricular arrhythmias associated with digitalis toxicity, the two approved indications for the drug (35 FR 437, January 13, 1970). In a letter dated September 17, 2007, FDA informed Hospira that the agency was reevaluating the safety and efficacy of ENDRATE (edetate disodium) Injection based on reports of fatal medication errors and reports of serious adverse reactions associated with this product. In its September 17, 2007, letter, FDA asked Hospira for additional information related to the safety of ENDRATE (edetate disodium) Injection. On September 19, 2007, FDA sent letters to Apotex and Bioniche for ANDAs 40-376 and 40-437, respectively, requesting the same information for generic versions of edetate disodium. In a letter dated October 1, 2007, Hospira provided the postmarketing safety information FDA requested on ENDRATE (edetate disodium). In its October 1, 2007, letter, Hospira stated that “[b]ased on the limited indications for ENDRATE (edetate disodium) and the availability of alternate medical products that offer a superior risk-benefit profile,” Hospira determined that “the product is not medically necessary.” In a letter dated December 7, 2007, under § 314.150(d), FDA asked Hospira to waive its opportunity for a hearing (otherwise provided for under part 314 (21 CFR part 314)) to permit FDA to withdraw approval of NDA 11-355, and to voluntarily remove ENDRATE (edetate disodium) from the market. In a letter dated December 20, 2007, Hospira concurred with FDA's determination to withdraw approval of NDA 11-355, ENDRATE (edetate disodium), under § 314.150(d); waived its opportunity for a hearing; and agreed to voluntarily remove ENDRATE from the market. Hospira initiated a recall of the product. In separate telephone conversations on April 8, 2008, FDA asked Apotex and Bioniche, under § 314.150(d), to permit FDA to withdraw approval of ANDAs 40-376 and 40-437, respectively, for generic versions of edetate disodium, and to waive their opportunity for a hearing. Apotex and Bioniche, in letters dated April 9, 2008, and April 17, 2008, respectively, agreed to withdraw their ANDAs under § 314.150(d). Both Apotex and Bioniche indicated that alternative drug products that offer a superior risk-benefit profile are currently available for the approved indications for edetate disodium injection. Both Apotex and Bioniche waived their opportunity for a hearing (otherwise provided under part 314). In its April 9, 2008, letter, Apotex stated it has never marketed ANDA 40-376. In its April 17, 2008, letter, Bioniche agreed to voluntarily remove its edetate disodium product from the market. Therefore, under section 505(e) of the act (21 U.S.C. 355(e)), § 314.150(d), and under authority delegated to the Director, Center for Drug Evaluation and Research, by the Commissioner of Food and Drugs, approval of the applications listed in the table of this document, and all amendments and supplements thereto, is withdrawn (see DATES ). Distribution of these products in interstate commerce without an approved application is illegal and subject to regulatory action (see sections 505(a) and 301(d) of the act (21 U.S.C. 355(a) and 331(d)). On the basis of the circumstances described in this document that led to the withdrawal of approval of the applications listed in the table of this document, the agency will remove these products from the list of drug products with effective approvals published in FDA's “Approved Drug Products With Therapeutic Equivalence Evaluations,” referred to as the “Orange Book.” Dated: May 15, 2008. Douglas C. Throckmorton, Deputy Director, Center for Drug Evaluation and Research. [FR Doc. E8-13273 Filed 6-11-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(cX4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Member Conflicts: Musculoskeletal Tissue Engineering. *Date:* June 16, 2008. *Time:* 10 a.m. to 12:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* John P. Holden, PhD, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4211, MSC 7814, Bethesda, MD 20892, 301-496-8551, *holdenjo@csr.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Orthopaedic Device-associated Immunology. *Date:* June 20, 2008. *Time:* 8 a.m. to 9:30 a.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* John P. Holden, PhD, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4211, MSC 7814, Bethesda, MD 20892, 301-496-8551, *holdenjo@csr.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Member Conflict: CNS Disorders and Clinical Neuroscience. *Date:* July 8, 2008. *Time:* 3 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Alexander Yakovlev, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5206, MSC 7846, Bethesda, MD 20892, 301-435-1254, *yakovleva@csr.nih.gov* . *Name of Committee:* Center for Scientific Review Special Emphasis Panel; Minority Fellowships in Neurobiology and Development. *Date:* July 14, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Fairmont Washington, DC, 2401 M Street, NW., Washington, DC 20037. *Contact Person:* Cathy J. Wedeen, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3213, MSC 7808, Bethesda, MD 20892, 301-435-1191, *wedeenc@csr.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: June 4, 2008. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-13017 Filed 6-11-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, July 8, 2008, 8 a.m. to July 8, 2008, 5:30 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, which was published in the **Federal Register** on June 2, 2008, 73 FR 31493-31495. The meeting title has been changed to “Tomography for Chronic Diseases”. The meeting is closed to the public. Dated: June 4, 2008. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-13020 Filed 6-11-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Sciences and Disorders K. *Date:* June 19, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Willard InterContinental Washington, 1401 Pennsylvania Avenue, NW., Washington, DC 20004. *Contact Person:* Shanta Rajaram, PhD, Scientific Review Officer, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS/Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC9529, Bethesda, MD 20852,
(301)435-6033, *rajarams@mail.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Sciences and Disorders B. *Date:* June 19, 2008. *Time:* 8:30 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Melrose Hotel, 2430 Pennsylvania Avenue, NW., Washington, DC 20037. *Contact Person:* Ernest W. Lyons, PhD, Scientific Review Officer, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892-9529, 301-496-4056. This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Sciences and Disorders C. *Date:* June 20, 2008. *Time:* 8 a.m. to 5:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Melrose Hotel, 2430 Pennsylvania Avenue, NW., Washington, DC 20037. *Contact Person:* William C. Benzing, PhD, Scientific Review Administrator, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS/Neuroscience Center, 6001 Executive Boulevard, Suite 3208, MSC 9529, Bethesda, MD 20892,
(301)496-0660, *benzingw@mail.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Sciences and Disorders A. *Date:* June 26, 2008. *Time:* 8 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hilton Garden Inn Washington DC Downtown, 815 14th Street, NW., Washington, DC 20005. *Contact Person:* Richard D. Crosland, PhD, Scientific Review Officer, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20892-9529, 301-496-9223. This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS) Dated: June 4, 2008. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-13021 Filed 6-11-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; The NIDDK Special Emphasis Panel Telephone Review. *Date:* July 21, 2008. *Time:* 11 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Xiaodu Guo, MD, PhD, Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 761, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,
(301)594-4719, *guox@extra.niddk.nih.gov* . *Name of Committee:* National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Ancillary Studies. *Date:* July 29, 2008. *Time:* 1:30 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Thomas A. Tatham, PhD, Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 760, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,
(301)594-3993, *tathamt@mail.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; § 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS) Dated: June 5, 2008. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-13149 Filed 6-11-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Planning Grant in Life Style Interventions. *Date:* July 16, 2008. *Time:* 10 a.m. to 12 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Maria E. Davila-Bloom, PhD, Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 758, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,
(301)594-7637, *davila-bloomm@extra.niddk.nih.gov* . *Name of Committee:* National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; George M. O'Brien Urology Research Centers (P50). *Date:* July 21-22, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Crowne Plaza National Airport, 2650 Jefferson Davis Highway, Arlington, VA 22202. *Contact Person:* Paul A. Rushing, PhD, Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 747, 6707 Democracy Boulevard, Bethesda, MD 20892-5452,
(301)594-8895, *rushingp@extra.niddk.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS) Dated: June 5, 2008. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-13150 Filed 6-11-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request Periodically, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish a summary of information collection requests under OMB review, in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these documents, call the SAMHSA Reports Clearance Officer on
(240)276-1243. Project: Measures of Co-Occurring Infrastructure (OMB No. 0930-0284)—Revision SAMHSA's Center for Mental Health Services and Center for Substance Abuse Treatment conducts a data collection activity for provider-level performance measures about the screening, assessment, and treatment of co-occurring disorders. The measures were developed with active input from COSIG grantees. Their input was also sought regarding suggestions for making the implementation and reporting processes as smooth as possible. Based on suggestions from COSIG grantees, CSAT has taken the following actions to improve data quality: Clarified instructions, simplified minimum required reporting, developed optional reporting methods, allowed grantees time to work out internal processes, and held monthly conference calls to answer grantee questions and to allow grantees to share experiences with implementation. These steps allow CSAT to enhance working relationships with the grantees and improve the overall quality of the data collection process. Implementation will be limited to 16 of the States with Co-occurring State Incentive Grants (COSIG) and States receiving COSIG grants in future years. COSIG grants enable States to develop or enhance their infrastructure and capacity to provide accessible, effective, comprehensive, coordinated/integrated, and evidence-based treatment services to persons with co-occurring substance abuse and mental disorders. Only the immediate Office of the Governor of States may receive COSIG grants, because SAMHSA considers the Office of the Governor to have the greatest potential to provide the multi-agency leadership needed to accomplish COSIG goals. The COSIG program is part of SAMHSA's plan to achieve certain goals regarding services for persons with co-occurring substance use and mental disorders: • Increase percentage of treatment programs that screen for co-occurring disorders; • Increase percentage of treatment programs that assess for co-occurring disorders; • Increase percentage of treatment programs that treat co-occurring disorders through collaborative, consultative, and integrated models of care; • Increase the number of persons with co-occurring disorders served. These measures will enable SAMHSA to benchmark and track progress toward these goals within COSIG States. Information will be collected annually about the number and percentage of programs that offer screening, assessment, and treatment services for co-occurring disorders; and the number of clients actually screened, assessed, and treated through these programs. Information will also be collected annually about providers' policies regarding screening, assessment, and treatment services for persons with co-occurring disorders. A questionnaire, to be completed by providers, contains 47 items, answered either by checking a box or entering a number in a blank. The questionnaire is available both in printed form and electronically. Obtaining the information to enter on the questionnaire will require respondent providers to track screening, assessment, and treatment services for clients. COSIG States will be required to report information to SAMHSA for all providers directly participating in their COSIG projects. SAMHSA will consider sampling strategies for States with large numbers of participating providers and for providers serving large numbers of clients. Annual burden for the activities is shown below: Data collection Number of respondents Responses per respondent Hours per response
(min)Total burden hours Capacity to Screen, Assess, and Treat 298 1 4.5 1,341 Policy on Screening, Assessment, Referral, and Treatment 298 1 3 15 Total 298 1,356 Written comments and recommendations concerning the proposed information collection should be sent by July 14, 2008 to: SAMHSA Desk Officer, Human Resources and Housing Branch, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503; due to potential delays in OMB's receipt and processing of mail sent through the U.S. Postal Service, respondents are encouraged to submit comments by fax to:
(202)395-6974. Dated: June 6, 2008. Elaine Parry, Acting Director, Office of Program Services. [FR Doc. E8-13189 Filed 6-11-08; 8:45 am] BILLING CODE 4162-20-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-3286-EM] Ohio; Amendment No. 1 to Notice of an Emergency Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of an emergency declaration for the State of Ohio (FEMA-3286-EM), dated April 24, 2008, and related determinations. EFFECTIVE DATE: June 4, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for the State of Ohio is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared an emergency by the President in his declaration of April 24, 2008. Licking, Madison, and Marion Counties for emergency protective measures (Category B), including snow removal, under the Public Assistance program for any continuous 48-hour period during or proximate to the incident period. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13202 Filed 6-11-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1765-DR] Nebraska; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Nebraska (FEMA-1765-DR), dated May 30, 2008, and related determinations. EFFECTIVE DATE: May 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated May 30, 2008, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Nebraska resulting from severe storms, tornadoes, and flooding during the period of April 23-26, 2008, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Nebraska. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. If Other Needs Assistance under Section 408 of the Stafford Act is later requested and warranted, Federal funding under that program also will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency
(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Thomas A. Hall, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. The following areas of the State of Nebraska have been designated as adversely affected by this declared major disaster: Gage, Johnson, Morrill, Nemaha, and Pawnee Counties for Public Assistance. All counties within the State of Nebraska are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13201 Filed 6-11-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1758-DR] Arkansas; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Arkansas (FEMA-1758-DR), dated May 20, 2008, and related determinations. EFFECTIVE DATE: May 12, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this disaster is closed effective May 12, 2008. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13207 Filed 6-11-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1763-DR] Iowa; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related determinations. EFFECTIVE DATE: May 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Iowa is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 27, 2008. Black Hawk and Buchanan Counties for Public Assistance and Individual Assistance. Butler County for Public Assistance (already designated for emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) Delaware County for Public Assistance. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13206 Filed 6-11-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1765-DR] Nebraska; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Nebraska (FEMA-1765-DR), dated May 30, 2008, and related determinations. EFFECTIVE DATE: May 31, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Willie G. Nunn, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. This action terminates my appointment of Thomas A. Hall as Federal Coordinating Officer for this disaster. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidential Declared Disaster Assistance to Individuals and Households—Other Needs, 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13204 Filed 6-11-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1754-DR] Oklahoma; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1754-DR), dated May 9, 2008, and related determinations. EFFECTIVE DATE: June 2, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 9, 2008. Kingfisher County for Public Assistance. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidential Declared Disaster Assistance to Individuals and Households—Other Needs, 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13205 Filed 6-11-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5200-C-01A2] Notice of HUD's Fiscal Year
(FY)2008 General Section and FY2008 SuperNOFA for HUD's Discretionary Grant Programs; Correction AGENCY: Office of the Secretary, HUD. ACTION: Super Notice of Funding Availability (SuperNOFA) for HUD Discretionary Grant Programs; correction. SUMMARY: On March 19, 2008, HUD published its Notice of Fiscal Year
(FY)2008 Notice of Funding Availability (NOFA); Policy Requirements and General Section to HUD's FY2008 NOFAs for Discretionary Programs (General Section). On May 12, 2008, HUD published its FY2008 SuperNOFA, for HUD's Discretionary Grant Programs. This document corrects the hourly rate for consultants as published in the March 19, 2008, General Section. This document also makes corrections or clarifications to the following sections of the May 12, 2008, SuperNOFA: Appendix A of the Introduction to the SuperNOFA, the Lead-Based Paint Hazard Control Grant Program, Lead Hazard Reduction Demonstration Grant Program, and Operation Lead Elimination Action Program; the Lead Outreach Grant Program; the Housing Choice Voucher Family Self-Sufficiency Program; the Resident Opportunity and Self-Sufficiency
(ROSS)Service Coordinators Program; and the Self-Help Homeownership Opportunity Program (SHOP). Finally, this notice provides notice to all applicants regarding a technical issue with the Grants.gov SF-424 form and provides guidance to address the issue. DATES: The application submission dates for the Lead-Based Paint Hazard Control Grant Program, Lead Hazard Reduction Demonstration Grant Program, and Operation Lead Elimination Action Program NOFA, the Lead Outreach Grant Program NOFA, and the Resident Opportunity and Self-Sufficiency
(ROSS)Service Coordinators Program NOFA remain as published in the **Federal Register** on May 12, 2008. The deadline date for the Housing Choice Voucher Program has been moved to July 16, 2008. The deadline date for the Self-Help Homeownership Opportunity Program
(SHOP)has been moved to July 18, 2008. FOR FURTHER INFORMATION CONTACT: Questions regarding the General Section of March 19, 2008, should be directed to the NOFA Information Center between the hours of 10 a.m. and 6:30 p.m. Eastern Time at
(800)HUD-8929. Hearing-impaired persons may call 800-HUD-2209. For the programs listed in this notice, please contact the office or individual listed under section VII of the applicable program sections of the SuperNOFA, published on May 12, 2008. SUPPLEMENTARY INFORMATION: On March 19, 2008 (73 FR 14882), HUD published its Notice of Fiscal Year
(FY)2008 Notice of Funding Availability (NOFA); Policy Requirements and General Section to HUD's FY2008 NOFAs for Discretionary Programs (General Section). Early publication of the General Section was intended to provide prospective applicants additional time to become familiar with and address those provisions in the General Section that constitute part of almost every application. On May 12, 2008 (73 FR 27032), HUD published its Notice of HUD's Fiscal Year
(FY)2008 SuperNOFA for HUD's Discretionary Grant Programs. The FY 2008 SuperNOFA announced the availability of approximately $1.02 billion in HUD assistance. This notice published in today's **Federal Register** corrects the hourly rate for consultants as published in the March 19, 2008, General Section. This notice also makes technical corrections to the following sections of the May 12, 2008, SuperNOFA: Appendix A of the Introduction to the SuperNOFA; the Lead-Based Paint Hazard Control Grant Program, Lead Hazard Reduction Demonstration Grant Program, and Operation Lead Elimination Action Program; the Lead Outreach Grant Program; the Housing Choice Voucher Family Self-Sufficiency Program; the Resident Opportunity and Self-Sufficiency
(ROSS)Service Coordinators Program; and the Self-Help Homeownership Opportunity Program (SHOP). This notice also provides notice to all applicants regarding a technical issue with the Grants.gov SF-424 form in the funding opportunity Application Package and provides guidance to address the issue. I. Correction of General Section On March 19, 2008 (73 FR 14882), HUD published its General Section. At page 14887, section III.C.4.l., second column, HUD stated that the hourly wage for the equivalent of General Schedule 15, Step 10 base pay rate is $57.90. The correct hourly rate for the equivalent of General Schedule 15, Step 10 base pay rate is actually $59.42. Accordingly, at page 14887, section III.C.4.l., second column, in the March 19, 2008, Notice of HUD's FY2008, Notice of Funding Availability (NOFA), Policy Requirements and General Section to the SuperNOFA for HUD's Discretionary Grant Programs, the following correction is made: 1. *Salary Limitation for Consultants* . FY2008 funds may not be used to pay or to provide reimbursement for payment of the salary of a consultant, whether retained by the federal government or the grantee, at a rate more than the equivalent of General Schedule 15, Step 10 base pay rate for which the annual rate for FY2008 is $124,010. The hourly rate is $59.42. II. Summary of Technical Corrections On May 12, 2008, HUD published its FY2008 SuperNOFA. Today's publication corrects certain sections of the SuperNOFA. Summaries of the technical corrections made by this document follow. The page number shown in brackets identifies where the individual funding availability announcement that is being corrected can be found in the May 12, 2008, SuperNOFA. The technical correction described in today's **Federal Register** will also be reflected in the application instructions located on Grants.gov/Apply. Applicants who have submitted their applications prior to this publication can choose to resubmit an updated application that reflects the corrections and clarifications. The last application received and validated by Grants.gov by the deadline date will be the application that is reviewed and rated. Introduction to the SuperNOFA—Appendix A [27035] As discussed in this technical correction notice, HUD is moving the application deadline dates for the Housing Choice Voucher Family Self-Sufficiency and SHOP NOFAs. The new deadline date for the Housing Choice Voucher Family Self-Sufficiency NOFA will be July 16, 2008. The new deadline date for the SHOP NOFA will be July 18, 2008. HUD is, therefore, correcting the entries for the Housing Choice Voucher Family Self-Sufficiency Program and the SHOP NOFAs on Appendix A to reflect these changes. Lead-Based Paint Hazard Control Grant Program, Lead Hazard Reduction Demonstration Grant Program, and Operation Lead Elimination Action Program [27159] On page 27161, Section I.B.4., first column, and on page 27168, Section IV.F.2, first column, the deadline date for applicants to request a waiver of the 25 percent match requirement does not match the date posted on Grants.gov. HUD is correcting the deadline date to request a waiver in the SuperNOFA to match that listed on Grants.gov. Lead Outreach Grant Program [27188] On page 27189, Section II entitled “Eligibility Information”, third column, HUD inadvertently identified this section as section “II.” It should be section “III.” On page 27190, section III entitled “application and submission information”, second column, HUD inadvertently identified this section as section “iii.” it should be section “iv.” On page 27191, section v.a, third column, HUD incorrectly cross-referenced to information discussing threshold requirements and is deleting the incorrect cross-reference. On page 27193, section V.A.3.e.(3), second column, HUD is correcting the requirement for including a separate budget and budget narrative when sub-grantees receive a portion of the award. These corrections are also reflected in the instructions found on Grants.gov/Apply. Applicants must download the instructions to receive all forms and instructions related to this NOFA. Applicants are encouraged to read the instructions on Grants.gov/Apply prior to submitting your application in response to the Lead Outreach Program funding opportunity. Housing Choice Voucher Family Self-Sufficiency
(FSS)Program [27210] On page 27211, paragraph F under “Overview Information”, first column, as discussed in this notice, HUD is moving the deadline date for applications to July 16, 2008. On page 27213, section III.C.3.g. entitled “Affirmatively Furthering Fair Housing”, HUD is revising the timeline for applicants to submit their plans to affirmatively further fair housing (AFFH). Specifically, HUD is changing the date for applicants to submit this plan from prior to the application date to prior to the award of funding. This extension is required because implementation of an AFFH policy for the FSS program trigger a 45-day public comment period for the proposed AFFH policy followed by board approval of the policy prior to submission to HUD. The original application deadline did not allow sufficient time for PHAs to complete the steps required for approval and submission of their AFFH statements. These corrections are also reflected in the instructions found on Grants.gov/Apply. Applicants must download the instructions to receive all forms and instructions related to this NOFA. Applicants are encouraged to read the instructions on Grants.gov/Apply prior to submitting your application in response to the Housing Choice Voucher Family Self-Sufficiency Program funding opportunity Resident Opportunity and Self-Sufficiency Coordinators Program [27230] On page 27230, section I.B.1, third column, HUD is clarifying for applicants how the number of occupied units should be counted in order to determine the number of positions for which an applicant may apply. On page 27232, section II.C.1.a., third column, HUD is noting that more than one person may job-share a Service Coordinator position. On page 27239, section V.B.2., first column, entitled “Selection Process for all Grant Categories and All Applicants,” HUD is clarifying that all Resident Association applicants, even those that apply as nonprofits, must have a contract administrator. These corrections are also reflected in the instructions found on Grants.gov/Apply. Applicants must download the instructions to receive all forms and instructions related to this NOFA. Applicants are encouraged to read the instructions on Grants.gov/Apply prior to submitting your application in response to the Resident Opportunity and Self-Sufficiency Coordinators Program funding opportunity. Self-Help Homeownership Opportunity Program [27250] On page 27250, section F under “Overview Information,” first column, HUD is moving the deadline date for the SHOP NOFA to July 18, 2008. On page 27253, section III.C.4.e., first column, HUD is clarifying the requirement for applicants to reduce energy costs. On page 27254, section VI.C., second column entitled, “Submission Date and Time,” HUD is moving the deadline date for the SHOP NOFA to July 18, 2008. On page 27256, under “Submission Requirements for Rating Factor 3,” section d., third column entitled “Cost Effective to the Homebuyer,” HUD is clarifying the requirement for applicants to disclose the contract sales price to the homebuyer and the appraised or market value of the home. On page 27258, section V.A.5, second column entitled, “Rating Factor 5. Achieving Result and Program Evaluation (10 points),” HUD is clarifying that applicants should include actual or estimated costs for utilities and any applicable homeownership association fee when comparing total housing costs of new self-help units to previous rents. On page 27258, section V.A.5, third column entitled “Submission Requirements for Rating Factor 5,” HUD is revising this section to advises applicants that HUD has developed and posted on Grants.gov a revised eLogic Model form that incorporates the revision to Rating Factor 5 that instructs applicants to include actual or estimated utility and other costs. HUD encourages applicants to download and use the revised eLogic Model. These corrections are also reflected in the instructions found on Grants.gov/Apply. Applicants must download the instructions to receive all forms and instructions related to this NOFA. Applicants are encouraged to read the instructions on Grants.gov/Apply prior to submitting your application in response to the Self-Help Homeownership Opportunity Program funding opportunity. Accordingly, in the May 12, 2008, Notice of HUD's FY2008 SuperNOFA for HUD's Discretionary Grant Programs, beginning at 73 FR 27032, the following corrections are made. 1. Introduction to the SuperNOFA—Appendix A Beginning at Page 27035 At page 27035, as discussed in this notice, HUD is moving the deadline date for the Housing Choice Voucher Family Self-Sufficiency Program to July 16, 2008. HUD is also moving the deadline date for the SHOP NOFA to July 18, 2008. As a result, the entries for the Housing Choice Voucher Family Self-Sufficiency Program and SHOP NOFA on Appendix A at page 27035 should read as follows: Programs included in the FY2008 SuperNOFA Approximate funding amounts available Application deadline (All applications must be received and validated by Grants.gov no later than 11:59:59 p.m., eastern time on the application deadline date. See details in the General Section.) Housing Choice Voucher Family Self-Sufficiency
(FSS)Program $49,000,000 July 16, 2008. CFDA No: 14,871 OMB Approval No.: 2577-0178 Self-Help Homeownership Opportunity Program
(SHOP)26,500,000 July 18, 2008. CFDA No: 14,247 OMB Approval No.: 2506-0157 2. Lead-Based Paint Hazard Control Grant Program, Lead Hazard Reduction Demonstration Grant Program, and Operation Lead Elimination Action Program [27159] On page 27161, Section I.B.4., first column, HUD is correcting this section to read as follows: 4. Applicants to the LHRD grant program may request a waiver of the 25 percent match requirement, if the applicant submits a request that meets HUD's criteria. See unit III.B.2, Eligibility Information, below. The request for the waiver of the match, with supporting narrative and documentation, must be submitted in accordance with unit IV.F.2, below, to be received no later than June 23, 2008. On page 27168, section IV.F.2, first column, HUD is correcting this section to read as follows: 2. Lead Hazard Reduction Demonstration Grant Program match waiver. Lead Hazard Reduction Demonstration Grant Program applicants requesting a waiver from the 25 percent match requirement are required to submit a request by e-mail. LHRD match waiver requests must be submitted no later than 11:59 pm on June 23, 2008, and should be submitted to Jonnette Hawkins, Director, Programs Division, Office of Healthy Homes and Lead Hazard Control, at *Jonnette.G.Hawkins@hud.gov* . HUD will respond to the LHRD match waiver requests by e-mail no later than July 2, 2008, and, if a mailing address is provided in a request, by letter within 5 working days thereafter. 3. Lead Outreach Grant Program Beginning at Page 27188 On page 27189, Section II entitled “Eligibility Information”, third column, is corrected to read as follows: III. Eligibility Information On page 27190, section III entitled “Application and Submission Information”, second column, is corrected to read as follows: IV. Application and Submission Information On page 27191, section V.A, third column, HUD is correcting this paragraph to read as follows: A. *Criteria* . Applications that meet all of the threshold requirements will be eligible to be scored and ranked, based on the total number of points allocated for each of the rating factors described in this NOFA. The application must receive a total score of at least 75 points to be considered for funding. On page 27193, section V.A.3.e.(3), second column, HUD is correcting this section to read as follows:
(3)Include a separate budget (HUD-424-CBW) and budget narrative for any sub-grantee receiving more than 10 percent of total budget request. 4. Housing Choice Voucher Family Self-Sufficiency
(FSS)Program beginning at page 27210 On page 27211, paragraph F under “Overview Information”, first column, is corrected to read as follows: F. *Dates:* The application deadline date is July 16, 2008. Please see the General Section for timely receipt requirements. On page 27213, section III.C.3.g. entitled “Affirmatively Furthering Fair Housing,” HUD is revising the second sentence of this paragraph to read as follows: Prior to the award of funding under this NOFA, each applicant must submit to the public housing director in the applicant's local HUD field office an addendum to the applicant's HCV administrative plan that outlines reasonable steps the applicant will take to affirmatively further fair housing in its HCV FSS program and how it will maintain records of those steps and their impacts. 5. Resident Opportunity and Self-Sufficiency Coordinators Program Beginning at Page 27230 On page 27230, section I.B.1, third column, HUD is correcting this paragraph to read as follows: 1. *For PHA and Tribe/TDHE applicants* , the number of positions is determined by number of ACC units. PHAs must use the number of occupied conventional public housing units as of September 30, 2007. Tribes/TDHEs must use the number of units counted as Formula Current Assisted Stock for FY 2007 as defined in 24 CFR 1000.316. Tribes that have not previously received funds from the Department under the U.S. Housing Act of 1937 should count housing units under management that are owned and operated by the Tribe and that are identified in their housing inventory as of September 30, 2007. Applicants may apply for up to 3 Service Coordinators depending on the size and type of the applicant. Program ratio for number of eligible Service Coordinators is in the table above under “Award Amounts.” On page 27232, section II.C.1.a., third column, correcting this section to read as follows: a. Salaries and fringe benefits of one or more Service Coordinators. A part-time Service Coordinator may be retained where appropriate, however, the minimum units served remains the same. One or more PHAs may share a full-time position if that is deemed most appropriate for the applicant's program. More than one person may job-share a Service Coordinator position. Although the exact role for the SC shall be designed to meet the needs of the project's community, below is a listing of recommended functions for an SC: On page 27239, section V.B.2., first column, entitled “Selection Process for all Grant Categories and All Applicants, HUD is correcting this section to read as follows: 2. Selection Process for All Grant Categories and All Applicants. All qualified applications will be awarded based on a lottery. Per statute, twenty-five percent (25%) of funds will be set aside for Resident Associations and all qualifying Resident Association applications will be funded first, up to 25 percent of the funding amount. Even if applying as non-profits, state, national, and other incorporated non-profit Resident Associations will be included in this set-aside. To be included in this Resident Association Category, you must indicate your status on the HUD-52768. If an applicant indicates that they are a resident council for the purposes of this lottery designation, they must also supply a contract administrator partner agreement, even if applying as a nonprofit applicant. If there are more qualified resident organizations than 25% of the available funding, there will be an initial lottery for all resident organizations, then the remaining resident organizations will be put together with the rest of the qualified applicants for a second general lottery. 6. Self-Help Homeownership Opportunity Program Beginning at Page 27250 On page 27250, section F under “Overview Information,” first column, HUD is moving the deadline date for the SHOP NOFA to July 18, 2008, therefore, this section is corrected to read as follows: F. *Dates:* The application deadline date for electronic submission and validation in Grants.gov is July 18, 2008. Applications submitted through *http://www.grants.gov* must be received and validated by Grants.gov no later than 11:59:59 Eastern time on the application deadline date. The validation process may take up to 72 hours. On page 27253, section III.C.4.e., first column, HUD is clarifying the requirement for applicants to reduce energy cost to read as follows. e. *Reduce Energy Costs* . Applicants are required to take specific energy-saving actions. In the new construction of self-help housing, SHOP applicants must incorporate energy-efficiency measures in the design and construction of self-help housing units. All newly constructed units assisted with SHOP funds provided under this NOFA must qualify and receive Energy Star Certification by an independent Home Energy Rater
(HER)upon completions and only Energy Star labeled products and appliances may be used in these units. On page 27254, section VI.C., second column entitled, “Submission Date and Time,” HUD is moving the deadline date for the SHOP NOFA to July 18, 2008, therefore, this section is corrected to read as follows: C. Submission Date and Time The electronic application must be *received and validated* no later than 11:59:59 p.m. Eastern time by Grants.gov on the application deadline date, which is July 18, 2008. The validation process may take 24-48 hours. Applicants are advised to submit applications 72 hours in advance. By doing so, if your application fails validation and Grants.gov rejects the application, you have time to correct the noted problems prior to the deadline date. If an applicant is granted a waiver to the electronic application submission requirement, the application must be received at HUD Headquarters by the application deadline date (see General Section). On page 27256, under “Submission Requirements for Rating Factor 3,” section d., third column entitled “Cost Effective to the Homebuyer,” HUD is clarifying the requirement for applicants to disclose the contract sales price to the homebuyer and the appraised or market value of the home to read as follows: d. *Cost Effective to the Homebuyer (7 points)* . State how the sales price for SHOP-assisted units is established (provide a table outlining separate costs for land purchase and infrastructure improvements paid by the affiliate; land and infrastructure improvements charged to the homebuyer; construction and project-related soft costs, such as architectural, engineering and related professional services; and any other costs charged to the homebuyer including 2nd or additional mortgages that must be repaid by the homebuyer upon sale of the property). You must include in the table the contract sales price to the homebuyer and the appraised or market value. You *must demonstrate* the extent to which the investment of SHOP funds, the contribution of sweat equity and volunteer labor, donations (e.g., land or building materials), in-kind contributions, and financing subsidies, further reduce the sales price to the homebuyer below the appraised value of the house or market value of comparable housing in the neighborhood. This must be demonstrated for homebuyers receiving both USDA and non-USDA construction assistance. Applicants showing a larger reduction of the sales price to the homebuyer from the appraised or market value as a result of the use of the SHOP funds for costs that are not charged to the homebuyer, the SHOP homebuyer's sweat equity, volunteer labor, and other contributions and subsidies not repaid by the homebuyer will receive a higher score. On page 27258, section V.A.5, second column entitled, “Rating Factor 5. Achieving Result and Program Evaluation (10 points),” HUD is revising the first paragraph of this section to read as follows: 5. *Rating Factor 5. Achieving Results and Program Evaluation (10 points)* This factor emphasizes HUD's determination to track whether applicants meet commitments made in their applications. HUD requires SHOP applicants to develop an effective, quantifiable, outcome-oriented evaluation plan for measuring performance and determining whether goals have been met using the Master Logic Model for SHOP, which can be found in the download instructions portion at *http://www.grants.gov/applicants/apply_for_grants.jsp* . Applicants must clearly identify the “Outputs” and “Outcomes” to be achieved and measured. Completed newly constructed or rehabilitated self-help housing units are outputs. Outcomes are benefits accruing to the families and/or communities during or after participation in SHOP. Examples of outcomes include increasing the homeownership rate in a neighborhood or among low-income families by a certain percentage, increasing the property tax base by a certain value, or increasing housing stability (e.g., increasing assets of the low-income homebuyer households by creating household equity or reducing total housing costs compared to rents that SHOP participants previously paid. When comparing the total housing costs of new self-help housing units to rents previously paid by homebuyers, applicants should include actual or estimated costs of utilities for the rental units and any applicable homeowner association fees and estimated utilities for the new housing units.) during and beyond the grantee's period for reporting on property completions. See Reporting in section VI.C. In addition, applicants must establish interim benchmarks for which outputs lead to the ultimate achievement of outcomes. “Interim benchmarks” are steps or stages in your activities that, if reached or completed successfully, will result in outputs for your program. Examples of interim benchmarks for SHOP include acquisition of land, completion of infrastructure, identification of income-qualified homebuyers, obtaining building permits, or securing construction materials and equipment. On page 27258, section V.A.5, third column entitled “Submission Requirements for Rating Factor 5,” HUD is revising this section to read as follows: Submission Requirements for Rating Factor 5 *Program Evaluation Plan and Logic Model (10 Points)* . The FY 2008 application requires submission of a written program evaluation plan and a completed eLogicModel TM . The eLogicModel TM allows the applicant to select from drop down menus the elements of their program that are captured in the Logic Model. Instructions for the eLogic Model TM are found in Tab 1 of the form HUD-96011 found in the instructions download to your electronic application. The Master Logic Model listing also identifies the unit of measure that HUD will collect for the output(s) and outcome(s) selected. Applicants must identify a unit of measure and establish a goal for each output and outcome. HUD has designated mandatory outputs and outcomes that must be addressed by the applicant. For both “Housing Constructed” and “Housing Rehabilitated,” applicants must address the following five mandatory Outputs:
(1)Sweat Equity (hours);
(2)Volunteer Labor (hours);
(3)Design incorporates energy efficiency measures and Energy Star Standards (units);
(4)Policy Priority—Design incorporates universal design (units); and
(5)Policy Priority—Design incorporates visitability standards (units). For both “New construction” and “Rehabilitated units,” applicants must address the following four mandatory Outcomes:
(1)one of the three sets of “average reduced sales price” from 1-10 % (dollars and units) or from 11-30% (dollars and units) or greater than 30% (dollars and units)—each set counts as two outcomes;
(2)Increased housing stability—average decreased housing costs (dollars); and
(3)Increased housing stability—average increased assets in savings (dollars). HUD has revised the eLogic Model TM form HUD-96011, Tab 9 labeled “Outcomes,” Column 5, Achievement Outcomes Goals and Indicator. Instead of “percentage,” the double asterisks (**) footnote should state: “This is the average dollars of reduced housing costs to the families or increased assets to the families.” HUD is also clarifying that for the projected outcome “Increased housing stability—Average increased assets in savings,” applicants are not asked to report on homebuyers' existing savings. This outcome requires applicants to measure the equity in the units at the time properties are completed and families close on their units. This equity increases any other assets in savings homebuyers may have at the time of closing. If an applicant's program consists of new construction or rehabilitation, but not both, the five mandatory outputs and four outcomes applicable to the program must be selected. If an applicant's program includes both new construction and rehabilitation, applicant must address all mandatory outputs/outcomes. However, applicants are expected to select additional outputs and outcomes identified in their work plan. Further, interim benchmarks, program indicators, outputs, and outcomes must be quantifiable. You must summarize your program evaluation plan that measures your own program performance. Your plan must measure the performance of individual consortium members and affiliates, including the standards and measurement methods, and the steps you have in place or how you plan to make adjustments if you begin to fall short of established benchmarks and time frames. Applicants that include both mandatory and optional outputs and outcomes and interim benchmarks, and prepare a written evaluation plan that meets the specified content requirements will receive a higher score. HUD will rate the eLogicModel TM submission based upon the matrix contained in Attachment 1 to the General Section. III. Guidance To Address Grants.gov SF-424 Issue The Department has been informed that applicants have experienced trouble completing the Application for Federal Assistance SF-424 electronic form in the Grants.gov funding opportunity application package. Specifically, the Department has been alerted that if an applicant checks “No” to question number 20 (Is the Applicant Delinquent On Any Federal Debt?) and inadvertently places his or her cursor and clicks on the space on page 4 entitled “Applicant Federal Debt Delinquency Explanation,” the SF-424 will make the space a mandatory field that is yellow in color. The SF-424 will not allow applicants to enter text in the mandatory field. The reason for this behavior is that Adobe Reader 8.1.1 and 8.1.2 opens with a default with the Text Select Tool pointer (which look like a finger). This default was intended by Adobe Reader. The issue that this causes for Grants.gov forms is that the Text Select Tool, if clicked in a read-only form field will make the field mandatory without any means to fill in text or change it back to read only. As a result, HUD is advising applicants to avoid placing their cursors in the explanation space provided on the form if they check the response to question 20 as “No.” If an applicant inadvertently triggers the creation of the mandatory field, the way to clear the form of the problem is to go back to question 20, click the “Yes” box and then click the “No” box. This brings the form back to the original state and eliminates the explanation field from being a mandatory field. An alternative way to address the issue is to go to the menu bar, select “Tools,” select from the drop-down bar “Select and Zoom” and then select “Hand Tool.” The Grants.gov help desk has been alerted to this issue and can help applicants address this issue. In addition, applicants are alerted that the form contains edit checks. To avoid a rejection notice, please make sure that dates provided in response to question 17, “Proposed Project Start and end date,” are internally consistent and that the project does not end prior to its proposed start date. If an applicant mistakenly provides a project end date that is prior to the start date, the package will be rejected by Grants.gov due to an internal inconsistency. HUD again strongly advises applicants to submit their application to Grants.gov 72 hours in advance to the deadline date so that if they receive a rejection error, there is sufficient time for the applicant to cure the problem and resubmit in time to meet the deadline date requirements. Dated: June 9, 2008. Keith A. Nelson, Assistant Secretary for Administration. [FR Doc. E8-13285 Filed 6-11-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-R-2008-N0087; 40136-1265-0000-S3] Wolf Island National Wildlife Refuge, McIntosh County, GA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; draft comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the Fish and Wildlife Service (Service), announce the availability of a draft comprehensive conservation plan and environmental assessment (Draft CCP/EA) for Wolf Island National Wildlife Refuge for public review and comment. In this Draft CCP/EA, we describe the alternative we propose to use to manage this refuge for the 15 years following approval of the Final CCP. DATES: To ensure consideration, we must receive your written comments by July 14, 2008. A meeting will be held to present the Draft CCP/EA to the public. Mailings, newspaper articles, and posters will be the avenues to inform the public of the date and time for the meeting. ADDRESSES: Requests for copies of the Draft CCP/EA should be addressed to: Jane Griess, Project Leader, Savannah Coastal Refuges' Complex, 1000 Business Center Drive, Suite 10, Savannah, Georgia 31405; Telephone: 912/652-4415. The Draft CCP/EA may also be accessed and downloaded from the Service's Internet Site: *http://southeast.fws.gov/planning.* Comments on the Draft CCP/EA may be submitted to the above address or by e-mail to Mr. Randy Williams at: *rwilliams@mangi.com.* FOR FURTHER INFORMATION CONTACT: Randy Williams; *Telephone:* 985/264-1979. SUPPLEMENTARY INFORMATION: Introduction With this notice, we continue the CCP process for Wolf Island National Wildlife Refuge. We started the process through a notice in the **Federal Register** on October 30, 2006 (71 FR 63344). Wolf Island National Wildlife Refuge is approximately 12 miles off the coast of Darien, Georgia, in McIntosh County. It was established on April 3, 1930, to provide protection and habitat for migratory birds. The barrier island refuge consists of Wolf Island and two smaller islands, Egg and Little Egg. More than 75 percent of the refuge's 5,126 acres are composed of saltwater marsh. Wolf Island National Wildlife Refuge was designated a National Wilderness Area in 1975, and is maintained as such, with its primary purpose being to provide protection for migratory birds and such threatened and endangered species as the loggerhead sea turtle and the piping plover. Background The CCP Process The National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee), which amended the National Wildlife Refuge System Administration Act of 1966, requires us to develop a CCP for each national wildlife refuge. The purpose in developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Improvement Act and NEPA. Significant issues addressed in the Draft CCP/EA include: threatened and endangered species; habitat protection; neotropical migratory birds; conservation of a remnant maritime forest; visitor services (e.g., wildlife observation, wildlife photography, and environmental education and interpretation); funding and staffing; cultural resources; land acquisition; and invasive species management. CCP Alternatives, Including Our Proposed Alternative We developed three alternatives for managing the refuge and chose Alternative C as the proposed alternative. A full description of each alternative is in the Draft CCP/EA. We summarize each alternative below. Alternative A—No Action Alternative Wolf Island National Wildlife Refuge is part of the Altamaha River Ecosystem and is an important part of the Western Hemisphere Shorebird Reserve Network. As such, the refuge is of significant importance to migrating and wintering shorebirds and has been designated as part of critical habitat for the Great Lakes population of the endangered piping plover. Under Alternative A, management of the refuge would continue at its current level of participation in these initiatives throughout the 15-year duration of the CCP. Current approaches to managing wildlife and habitats, protecting resources, and disallowing public use would remain unchanged. Wolf Island National Wildlife Refuge, as a designated National Wilderness Area, provides protection for threatened and endangered species, including the loggerhead sea turtle and the piping plover. Due to its status as a Wilderness Area, no public use facilities exist or are planned on the refuge. Although the waters surrounding the refuge are open to a variety of recreational activities, all beach, marsh, and upland areas are closed to the public. Under this alternative, none of the above would change. Current management practices, which are primarily custodial in nature, would continue. Alternative B—Optimize Biological Program Under Alternative B, the refuge would strive to optimize its biological program, recognizing that there may be tradeoffs and opportunity costs between the various elements of the biological programs envisioned. Alternative B stresses the principle of optimization rather than maximization of wildlife and habitat outputs. The refuge would conduct baseline inventorying and monitoring programs with several partners to provide a solid foundation of the current condition of refuge habitat and wildlife. We would continue to furnish benefits to migratory birds and resident wildlife species. We would aim to increase the refuge's knowledge base about shorebirds by developing and implementing monitoring programs while continuing to provide habitats for the benefit of migratory birds. The refuge would also continue to furnish benefits to federally threatened and endangered species. Land acquisition and resource protection efforts at Wolf Island National Wildlife Refuge would be intensified. Efforts to control invasive species would commence and efforts would be made to reduce beach erosion. In the Service's Private Lands Program, staff would work with private landowners of adjacent properties to manage and improve habitats. Staff would also explore opportunities with partners to expand land and habitat protection efforts. The refuge would develop and begin to implement a Cultural Resources Management Plan (CRMP). Until such time as the CRMP is completed and implemented, the refuge would follow standard Service protocols and procedures in conducting cultural resource surveys by qualified professionals in consultation with the Regional Historic Preservation Officer
(RHPO)and the State Historic Preservation Officer (SHPO). Alternative C—Ecosystem Management (Proposed Action) Under Alternative C, the refuge would practice ecosystem management, recognizing the ecological role of Wolf Island National Wildlife Refuge within the interrelated Altamaha River Basin and coastal barrier island ecosystem. Human activities and natural processes within these ecosystems influence the refuge in a variety of ways. Alternative C explicitly commits the Service to acknowledge these influences and cooperate with other stakeholders in ways that will ensure the continued protection and enhancement of the ecosystem's natural resources. As with Alternative B, the refuge would strive to optimize its biological program, recognizing that there may be tradeoffs and opportunity costs between the various elements of the biological programs envisioned. However, Alternative C emphasizes a broader ecosystem approach than Alternative B, which is narrowly focused on the refuge. The refuge would conduct baseline inventorying and monitoring programs with several partners to investigate threats and opportunities within the ecosystem as they may impact refuge goals and objectives. The Service and our partners would continue to furnish benefits to the ecosystem's native flora and fauna under Alternative C. The refuge would also continue to furnish benefits to federally threatened and endangered species. Under Alternative C, land acquisition and resource protection within the ecosystem would be intensified. Control of invasive species would commence and efforts would be made to reduce beach erosion. Service staff would work with partners to manage and improve habitats within the ecosystem. Staff would also explore opportunities with partners to expand land and habitat protection efforts. The refuge would develop and begin to implement a CRMP. Until such time as the CRMP is completed and implemented, the refuge would follow standard Service protocol and procedures in conducting cultural resource surveys by qualified professionals in consultation with the RHPO and the SHPO. Next Step After the comment period ends, we will analyze the comments and address them in the form of a final CCP and Finding of No Significant Impact. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: April 24, 2008. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E8-13166 Filed 6-11-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [F-14839-A, F-14839-A2; AK-965-1410-KC-P] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Kongnikilnomuit Yuita Corporation. The lands are in the vicinity of Bill Moores Slough, Alaska, and are located in: U.S. Survey No. 10963, Alaska. Containing 5.67 acres. Seward Meridian, Alaska T. 33 N., R. 74 W., Secs. 2, 10, 11, and 14; Secs. 15, 22, 23, and 26; Secs. 27, 34, and 35. Containing approximately 5,661 acres. T. 32 N., R. 75 W., Secs. 1, 2, 11, and 12; Secs. 13, 14, and 23; Containing approximately 4,336 acres. T. 31 N., R. 76 W., Secs. 6, 7, and 10. Containing approximately 1,800 acres. T. 31 N., R. 77 W., Sec. 1. Containing approximately 540 acres. T. 32 N., R. 77 W., Secs. 2, 23, and 26. Containing approximately 1,694 acres. T. 33 N., R. 77 W., Secs. 12 and 36. Containing approximately 908 acres. Aggregating approximately 14,944.67 acres. A portion of the subsurface estate in these lands will be conveyed to Calista Corporation when the surface estate is conveyed to Kongnikilnomuit Yuita Corporation. The remaining lands lie within Clarence Rhode National Wildlife Range, established January 20, 1969. The subsurface estate in the refuge lands will be reserved to the United States at the time of conveyance. Notice of the decision will also be published four times in the Tundra Drums. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until July 14, 2008 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at *ak.blm.conveyance@ak.blm.gov.* Persons who use a telecommunication device
(TTD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Robert Childers, Land Law Examiner, Land Transfer Adjudication II. [FR Doc. E8-13172 Filed 6-11-08; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR National Park Service Notice of Availability for the Draft Elk Management Plan and Environmental Impact Statement for Wind Cave National Park, South Dakota AGENCY: National Park Service. ACTION: Notice of Availability for the Draft Elk Management Plan and Environmental Impact Statement for Wind Cave National Park, South Dakota. SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the National Park Service
(NPS)announces the availability of a draft Elk Management Plan and Environmental Impact Statement
(EIS)for Wind Cave National Park, South Dakota (Park). DATES: The draft EIS will remain available for public review for 60 days following the publishing of the notice of availability in the **Federal Register** by the U.S. Environmental Protection Agency. Public meetings will be held during the 60-day review period, but the specific dates and locations will be announced in local and regional media sources of record and on the Park's Web site. You may submit your comments by any one of several methods. You may comment via the Internet through the NPS Planning, Environment, and Public Comment Web site ( *http://parkplanning.nps.gov/wica* ); simply click on the link to Elk Management Plan. You may mail comments to Superintendent Davila, Wind Cave National Park, 26611 U.S. Highway 385, Hot Springs, South Dakota 57747-9430. You may send comments to the Superintendent by facsimile at 605-745-4207. Finally, you may hand-deliver comments to the Park headquarters at the address above. ADDRESSES: Copies of the draft EIS are available from the Superintendent, Wind Cave National Park, 26611 U.S. Highway 385, Hot Springs, South Dakota 57747-9430. SUPPLEMENTARY INFORMATION: The Park is proposing to manage its elk population, primarily to prevent impacts to other natural resources in the park, which would occur as the herd size increases. The principal tool the Park had been using to keep population numbers in line with its historic management goals, translocation of live elk, is no longer an option because chronic wasting disease
(CWD)is present in the elk population. Therefore, this planning process and the EIS were needed to examine alternatives to translocation. The purpose of this EIS is to identify elk management strategies for the Park that will help achieve elk population levels that are in balance with other native species in the Park, including wildlife and vegetation communities, natural ecosystem functions, and other Park resources. Several alternative actions, including the No Action, were considered in the development of the draft EIS. These are summarized briefly here. Other alternatives were explored but dismissed; these are discussed in some detail in the draft EIS. • Alternative A—No Action: No new management actions beyond those utilized as of the commencement of the EIS analysis would be undertaken to manage elk. • Alternative B (Preferred)—Hunting Outside the Park: Wildlife “gates” would be installed along the boundary fence to allow elk but not bison movement. The gates would be closed during hunting seasons to minimize elk reentry into the Park. Hazing may be used to ensure the appropriate number of elk leave the Park. • Alternative C—Roundup/Live Ship or Euthanasia within Park: The preferred method in this alternative is capture elk and ship them for slaughter and donation, assuming a partner(s) can be found to be responsible for the transport, slaughter/processing and donation of meat. Donations would be in accordance with the NPS Public Health Program guidelines and no CWD-positive carcasses would be donated. If no partner can be found, the elk would be killed at the park and the carcasses incinerated. • Alternative D—Sharpshooting: Authorized agents (which include skilled volunteers) would reduce and maintain elk numbers in the Park. Carcasses would be removed from the backcountry and incinerated, or left in place if managers believe their breakdown is environmentally preferred. The CWD test samples will be taken from adult carcasses. The following alternatives (E and F) are analyzed solely for maintenance of the elk population after initial reduction. At this time, the use of these methods not been proven through science to effectively manage wildlife populations. The park would not use either of these alternatives unless future scientific studies prove these methods to be effective and efficient means of elk population control, and the preferred and adaptive management efforts fail to maintain elk population within the target range. Should this occur alternatives B and F may be carried out as follows. • Alternative E—Sterilization: Reproductive cow elk would be surgically sterilized to reduce recruitment and growth of the herd. Because these techniques have not been used on free-ranging elk, this option would be used to maintain target population after initial reduction efforts. Sterilized cows would be marked (ear tag, freeze branding, etc.) to reduce the risk of these animals being hunted outside the Park or recaptured for sterilization inside the Park. • Alternative F—Fertility Control Agents: Cow elk would be treated with chemical fertility control agents to limit calving. It is considered a population maintenance tool after initial reduction efforts. No chemical contraceptives meeting Park needs are currently available; however, future agents may become available and would be considered for use if they are: Effective with a single treatment, at least 85 percent effective, have appropriate approvals and certifications, safe for treated animals, without recognizable behavioral effects, safe for non-target animals, and effective for more than 1 year. FOR FURTHER INFORMATION CONTACT: Contact Superintendent Davila at the address above or by telephone at 605-745-4600. Before including your address, telephone number, electronic mail address, or other personal identifying information in your comments, you should be aware that your entire comment (including your personal identifying information) may be made publicly available at any time. While you can ask us in your comments to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will make all submissions from organizations or businesses, from individuals identifying themselves as representatives or officials, of organizations or businesses, available for public inspection in their entirety. Dated: June 2, 2008. Ernest Quintana, Regional Director, Midwest Region. [FR Doc. E8-12992 Filed 6-11-08; 8:45 am] BILLING CODE 4312-AC-P DEPARTMENT OF THE INTERIOR National Park Service Notice of Intent To Prepare a General Management Plan/Environmental Impact Statement for Jefferson National Expansion Memorial, Missouri AGENCY: National Park Service, DOI. SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service
(NPS)is preparing a General Management Plan/Environmental Impact Statement (GMP/EIS) for Jefferson National Expansion Memorial (Memorial). The GMP/EIS will prescribe the resource conditions and visitor experiences that are to be achieved and maintained at the Memorial over the next 15 to 20 years. To facilitate sound planning and environmental assessment, the NPS intends to gather information necessary for the preparation of the GMP/EIS and obtain suggestions and information from other Agencies and the public on the scope of issues to be addressed in the GMP/EIS. Comments and participation in this scoping process are invited. Participation in the planning process will be encouraged and facilitated by various means, including newsletters and public meetings. The NPS will conduct public scoping meetings to explain the planning process and to solicit opinion about issues to address in the GMP/EIS. Notification of all such meetings will be announced in the local press and in the NPS newsletters. ADDRESSES: If you wish to comment on any issues associated with the GMP/EIS, you may submit your comments by any one of several methods. You may mail or hand-deliver comments to the Superintendent, Jefferson National Expansion Memorial, 11 North 4th Street, St. Louis, Missouri 63102. You also may provide comments electronically by entering them into the NPS's Planning, Environment, and Public Comment Web site *http://parkplanning.nps.gov.* Information will be available for public review and comment from the Office of the Superintendent at the above address. Requests to be added to the project mailing list should be sent by mail to Superintendent, Jefferson National Expansion Memorial, 11 North 4th Street, St. Louis, Missouri 63102, by telephone 314-655-1700 or by electronic mail (e-mail) to *JEFF_Superintendent@nps.gov* . Before including your address, telephone number, e-mail address, or other personal identifying information in your comments, you should be aware that your entire comments (including your personal identifying information) may be made publicly available at any time. While you can ask us in your comments to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will make all submissions from organizations or businesses, from individuals identifying themselves as representatives or officials, or organizations or businesses, available for public inspection in their entirety. FOR FURTHER INFORMATION CONTACT: Superintendent, Jefferson National Expansion Memorial, 11 North 4th Street, St. Louis, Missouri 63102, by telephone 314-655-1700. SUPPLEMENTARY INFORMATION: The Memorial consists of the Gateway Arch and its surrounding grounds, the Museum of Westward Expansion, and St. Louis' Old Courthouse. During a nationwide competition in 1947-48, architect Eero Saarinen's inspired design for a 630-foot stainless steel arch was chosen as a perfect monument to the spirit of the western pioneers. The grounds were designed by landscape architect Dan Kiley, with significant input from Saarinen. With the collaboration of two great designers, the Arch and its grounds became merged, with one reflecting the other, achieving a landscape both modern and unique. In 1987, the Gateway Arch and its surrounding grounds were designated a National Historic Landmark. The Museum of Westward Expansion, located below the Arch, contains an extensive collection of artifacts, mounted animal specimens, an authentic American Indian tipi, and an overview of the Lewis and Clark expedition. Located just two blocks west of the Arch is the Old Courthouse, one of the oldest standing buildings in St. Louis, begun in 1839. It was here that the first two trials of the Dred Scott case were held in 1847 and 1850. Today, the building houses a museum charting the history of the city of St. Louis and restored courtrooms. The GMP/EIS will prescribe the resource conditions and visitor experiences that are to be achieved and maintained in the Memorial over the next 15 to 20 years. The clarification of what must be achieved according to law and policy will be based on review of the unit's purpose, significance, special mandates, and the body of laws and policies directing park management. Based on determinations of desired conditions, the GMP/EIS will outline kinds of resource management activities, visitor activities, and appropriate future development. A range of reasonable management alternatives will be developed through this planning process and will include, at a minimum, a no-action alternative and a preferred alternative. To facilitate sound analysis of environmental impacts, the NPS is gathering information necessary for the preparation of an associated EIS. The types of changes considered under the GMP/EIS process would include accessible walkways to the underground visitor center and museum, and to the grounds from the riverfront. The plan would also examine a pedestrian walkway over Memorial Drive and the Interstate Highway that would connect the Arch grounds to the grounds near the Old Courthouse. Such a walkway could allow visitors to move from downtown to the Arch more safely. Streetscape changes (plantings, pedestrian access changes) would be considered to make the environment surrounding the Memorial more inviting and visitor friendly. Minor modifications could be made to the interior of the Old Court House, and wayside exhibits added to the grounds to enhance the visitor experience and learning at the Memorial. Expansion of the existing museum space or modifications to other existing facilities would be considered to provide greater learning and interpretative services. Consideration would also be given to the addition of food service (temporary/seasonal/portable self-contained refreshment vendors), restrooms, modified security checkpoints, and other changes suggested in the past by the public. Dated: May 8, 2008. David N. Given, Acting Regional Director, Midwest Region. [FR Doc. E8-13187 Filed 6-11-08; 8:45 am] BILLING CODE 4312-AW-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-015] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: June 19, 2008 at 2 p.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202)205-2000. Status: Open to the public. Matters to be Considered: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-991 (Review) (Silicon Metal from Russia)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before June 30, 2008.) 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: June 10, 2008. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-13306 Filed 6-11-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Settlement Agreement Under the Resource Conservation and Recovery Act
(RCRA)Notice is hereby given that on June 6, 2008, a proposed Settlement Agreement was lodged in the United States District Court for the Southern District of Texas in *United States of America* v. *Encycle/Texas, Inc. and Asarco Inc.* , No. H-99-1136. The Settlement Agreement is among the United States on behalf of the Environmental Protection Agency, the State of Texas on behalf of the Texas Commission on Environmental Quality, Debtors Asarco LLC and Encycle/Texas, Inc., and the Bankruptcy Trustee for Encycle/Texas, Inc. and relates to the Encycle Site, a facility in Corpus Christi, Texas, located at 5500 Up River Road, Corpus Christi, Nueces County, Texas. The proposed Settlement Agreement previously was approved by the United States Bankruptcy Court for the Southern District of Texas in *In re ASARCO LLC* , No. 05-21207, and *In re Encycle/Texas, Inc.* , No. 05-21304, by Orders dated May 7, 2008 and May 8, 2008. The settlement agreement requires the approval of the U.S. District Court for the Southern District of Texas of modification of a Consent Decree under the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. 6901, *et seq.* , entered in October 1999, and amended in August 2004, in *United States* v. *Encycle/Texas, Inc., and Asarco, Inc.* , No. H-99-1136. Among other things, the Settlement Agreement provides that the United States, the State of Texas and the Encycle Trustee will receive a combined allowed general unsecured claim against ASARCO LLC in the amount of $10 million. Proceeds distributed on account of that allowed claim must be used by the Encycle Trustee to perform RCRA closure and corrective action requirements at the Encycle Facility pursuant to the terms of the Consent Decree and other work required under applicable environmental law at the Site. The Department of Justice will receive comments relating to the proposed Settlement Agreement for a period of thirty
(30)days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, United States Department of Justice, Washington, DC 20044-7611, and should refer to *In re Encycle/Texas, Inc.* , DJ Ref. No. 90-7-1-910/4. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). The proposed Agreement may be examined at the office of the United States Attorney for the Southern District of Texas, 919 Milam, Suite 1500, Houston, Texas 77002, and at the United States EPA's Region VI office at 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. During the public comment period, the proposed Agreement may also be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . In addition, a copy of the proposed Agreement may be obtained by mail from the Consent Decree Library, P.O. Box 7611, United States Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Ms. Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no. 202-514-0097, phone confirmation number 202-514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $4.50 (25 cents per page reproduction cost) payable to the United States Treasury. Robert Maher, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-13156 Filed 6-11-08; 8:45 am] BILLING CODE 4410-15-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration
(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before July 14, 2008. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division
(NWML)using one of the following means: Mail: NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. E-mail: *requestschedule@nara.gov.* FAX: 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Telephone: 301-837-1539. E-mail: *records.mgt@nara.gov.* SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form
(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. The schedules listed in this notice are media neutral unless specified otherwise. An item in a schedule is media neutral when the disposition instructions may be applied to records regardless of the medium in which the records are created and maintained. Items included in schedules submitted to NARA on or after December 17, 2007, are media neutral unless the item is limited to a specific medium. (See 36 CFR 1228.24(b)(3).) No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of the Army, Agency-wide (N1-AU-08-2, 2 items, 2 temporary items). Records relating to materiel release, fielding, and transfer, including materiel type classification documentation, milestone decision memorandums, and documents verifying materiel safety, suitability, and supportability requirements. 2. Department of the Army, Agency-wide (N1-AU-08-3, 2 items, 2 temporary items). Records relating to the Integrated Logistics Support program, including materiel development supporting strategies, supporting analysis, and documents on analytical support concepts, design trade-offs, and personnel requirements. 3. Department of Homeland Security, Domestic Nuclear Detection Office (N1-563-08-13, 8 items, 8 temporary items). Records collected on spikes in radiation levels above accepted thresholds across the nation, reports, letters to vendors, assessments, and case files created and maintained to evaluate nuclear detection equipment and systems. The significant activities of this office are documented in executive level records such as strategic plans and annual reports, which were previously approved for permanent retention. 4. Department of Homeland Security, Office of the Chief Procurement Officer (N1-563-08-8, 8 items, 6 temporary items). Acquisition alerts, reviews of proposed acquisition regulations, listings of contracting opportunities, applications and approvals of waivers and deviations, and lists of contractors debarred and suspended from contracting with the agency. Proposed for permanent retention are the agency acquisition manual and acquisition regulations. 5. Department of Homeland Security, Science and Technology Directorate (N1-563-07-20, 4 items, 2 temporary items). National interoperability baseline survey records and interoperability case study records relating to non-significant events. Proposed for permanent retention are interoperability case study records relating to significant events and scientific publications assessing chemical and biological threats to homeland security. 6. Department of the Interior, Bureau of Reclamation (N1-115-08-8, 1 item, 1 temporary item). Master files of an electronic information system that makes available commonly used geospatial data themes for a variety of bureau programs. The proposed disposition instructions are limited to electronic records. 7. Department of Justice, Criminal Division (N1-60-08-17, 1 item, 1 temporary item). Master file for the Witness Security Tracking system, which tracks information on applicants and individuals accepted into the Federal Witness Security Program. 8. Department of Justice, Criminal Division (N1-60-08-18, 1 item, 1 temporary item). Master file for the Phonelog Tracking system, which records details of phone calls made and received by attorneys in advisory capacities. 9. Department of Justice, Justice Management Division (N1-60-08-2, 1 item, 1 temporary item). Master file for the Consolidated Debt Collection System, which tracks records of civil and criminal debts referred by agencies to the Department of Justice for litigation and enforcement. 10. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-3, 2 items, 2 temporary items). Inputs and master file of the Explosives Catalog System, which stores and retrieves identifying information on explosive products. 11. Department of Justice, Federal Bureau of Investigation (N1-5-08-15, 1 item, 1 temporary item). This schedule requests authority to destroy cases 29J-BF-32354 and 29C-MP-56276, which pertain exclusively to the investigation of the captioned individuals. This request responds to a Federal Pre-Trial Diversion Program court order to delete the records of the captioned individuals. 12. Department of Justice, Federal Bureau of Investigation (N1-65-08-16, 1 item, 1 temporary item). This schedule requests authority to destroy case 265A-SI-52450, which pertains exclusively to the investigation of the captioned individual. This request responds to a Federal Pre-Trial Diversion Program court order to delete the records of the captioned individual. 13. Department of the Navy, Naval Meteorology and Oceanography Command (N1-NU-07-7, 20 items, 17 temporary items). Scientific data and other records relating to all phases of oceanographic, meteorological, and hydrographic functions. Proposed for permanent retention are primary program records at specific command levels, weather phenomena records, and information products. 14. Department of the Navy, United States Marine Corps (N1-NU-07-9, 1 item, 1 temporary item). Master file associated with an electronic information system that tracks claims for Marine Corps service members who experience a serious traumatic injury. The proposed disposition instructions are limited to electronic records. 15. Department of State, Bureau of Consular Affairs (N1-59-08-6, 5 items, 4 temporary items). Calendars, reading files, and e-mail files created and maintained by the bureau front office. Proposed for permanent retention are subject files. The proposed disposition instructions for subject files are limited to paper records. 16. Department of State, Bureau of South and Central Asian Affairs (N1-59-08-9, 7 items, 4 temporary items). Subject files, background files, copies of briefing books, and departmental task force/working group files. Proposed for permanent retention are bureau-level task force/working group files, geographic office briefing books, and unique collections of records documenting historically significant events within the geographic region covered by the bureau. The proposed disposition instructions for permanent items are limited to paper records. 17. Department of the Treasury, Internal Revenue Service (N1-58-08-11, 1 item, 1 temporary item). Internal Revenue Form 11370, Certification of Annual UNAX Awareness Briefing, used to document employee attendance at disclosure briefings. 18. Department of the Treasury, Internal Revenue Service (N1-58-08-12, 1 item, 1 temporary item). Internal Revenue Form 13592, Receipt and Control Final Candling Log, used to validate and record documents and/or remittances left inside envelopes after extractions have occurred. 19. Environmental Protection Agency, Agency-wide (N1-412-07-60, 9 items, 9 temporary items). This schedule authorizes the agency to apply the existing disposition instructions to records of the Office of Air and Radiation, regardless of recordkeeping medium. The records include radon action files, radiation facility and site files, radiological emergency planning files, certification of waste isolation pilot plant files, emergency planning program for radiological incidents files, and protective action planning manual work files. Paper recordkeeping copies of these files were previously approved for disposal. 20. Environmental Protection Agency, Agency-wide (N1-412-07-67, 5 items, 5 temporary items). This schedule authorizes the agency to apply the existing disposition instructions to records of the Office of Enforcement and Compliance Assurance, regardless of recordkeeping medium. The records include closed cases not referred for criminal prosecution, pre-product registration audits, and printouts of pesticide production and distribution. Paper recordkeeping copies of these files were previously approved for disposal. 21. Federal Communications Commission, Consumer and Governmental Affairs Bureau (N1-173-07-1, 12 items, 12 temporary items). Inputs, outputs, and master files for electronic information systems related to complaints received by the Consumer Inquiries and Complaints Division. 22. Federal Energy Regulatory Commission, Agency-wide (N1-138-07-1, 1 item, 1 temporary item). Quarterly filings by interstate gas pipeline utilities listing transportation and storage customers. The proposed disposition instructions are limited to electronic records. 23. Federal Maritime Commission, Bureau of Trade Analysis (N1-358-08-06, 10 items, 10 temporary items). Reading files, Office of Service Contracts and Tariffs subject files, freight and terminal operator tariffs, tariff filing exemptions, applications for permissions to deviate from tariff filing requirements, tariff registration files that provide tariff publication locations for shippers and the public, investigation files of terminals and carriers, copies of docketed files, and rejection letters and complaint files. 24. Millennium Challenge Corporation, Agency-wide (N1-561-08-3, 1 item, 1 temporary item). Master file for an electronic information system used to perform analysis of data gathered from countries partnered with the agency. Dated: June 5, 2008. Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC. [FR Doc. E8-13248 Filed 6-11-08; 8:45 am] BILLING CODE 7515-01-P NATIONAL ENDOWMENT FOR THE ARTS Submission for OMB Review; Comment Request June 2, 2008. The National Endowment for the Arts, on behalf of the Federal Council on the Arts and the Humanities, has submitted the following public information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the National Endowment for the Arts' Indemnity Administrator, Alice Whelihan (202-682-5574). Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the National Endowment for the Arts, Office of Management and Budget, Room 10235, Washington, DC 20503 (202-395-4718), within thirty days of this publication in the **Federal Register** . The OMB is particularly interested in comments which: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; —Enhance the quality, utility and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. *Agency:* National Endowment for the Arts. *Title:* Application for Domestic Indemnification. *OMB Number:* 3135-0094. *Frequency:* Every three years. *Affected Public:* Non-profit, tax exempt organizations, and governments. *Number of Respondents:* Estimate 100 per year. *Estimated Time per Respondent:* 45 hours. *Estimate Cost per Respondent:* $1,800. *Total Burden Hours:* 4,500. *Total Annualized Capital/Startup Costs:* 0. *Total Annual Costs (Operating/Maintaining Systems or Purchasing Services):* $125,000. *Description:* This application form is used by non-profit, tax-exempt organizations (primarily museums), individuals and governmental units to apply to the Federal Council on the Arts and the Humanities (through the National Endowment for the Arts) for indemnification of eligible works of art and artifacts, borrowed from public and private collections in the United States for exhibition in the United States. The indemnity agreement is backed by the full faith and credit of the United States. In the event of loss or damage to an indemnified object, the Federal Council certifies the validity of the claim and requests payment from Congress. 20 U.S.C. 973 *et seq.* requires such an application and specifies information which must be supplied. This statutory requirement is implemented by regulation at 45 CFR 1160.4. Kathleen Edwards, Director, Administrative Services. [FR Doc. E8-13182 Filed 6-11-08; 8:45 am] BILLING CODE 7537-01-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Advisory Panel Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), as amended, notice is hereby given that twelve meetings of the Arts Advisory Panel to the National Council on the Arts will be held at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC, 20506 as follows (ending times are approximate): *Visual Arts (application review):* July 1-3, 2008 in Room 716. This meeting, from 9 a.m. to 5:30 p.m. on July 1st, from 9 a.m. to 6 p.m. on July 2nd, and from 9 a.m. to 3 p.m. on July 3rd, will be closed. *Opera (application review):* July 7-8, 2008 in Room 716. A portion of this meeting, from 4 p.m. to 5 p.m. on July 8th, will be open to the public for a policy discussion. The remainder of the meeting, from 8:45 a.m. to 5 p.m. on July 7th and from 9 a.m. to 4 p.m. on July 8th, will be closed. *Theater (application review):* July 8-11, 2008 in Room 730. A portion of this meeting, from 11:30 a.m. to 12:30 p.m. on July 11th, will be open to the public for a policy discussion. The remainder of the meeting, from 9 a.m. to 6 p.m. on July 8th-10th and from 9 a.m. to 11:30 a.m. and 12:30 p.m. to 5 p.m. on July 11th, will be closed. *Opera (application review):* July 9-10, 2008 in Room 716. This meeting, from 8:45 a.m. to 5 p.m. on July 9th and from 9 a.m. to 4 p.m. on July 10th, will be closed. *Music (application review):* July 14-16, 2008 in Room 714. This meeting, from 9 a.m. to 6 p.m. on July 14th, from 8:30 a.m.-6 p.m. on July 15th, and from 8:30 a.m. to 5:45 p.m. on July 16th, will be closed. *Museums (application review):* July 15-18, 2008 in Room 716. This meeting, from 9 a.m. to 5:30 p.m. on July 15th-17th and from 9 a.m. to 3 p.m. on July 18th, will be closed. *Music (application review):* July 17, 2008 in Room 714. A portion of this meeting, from 4:15 p.m. to 5:45 p.m., will be open to the public for a policy discussion. The remainder of the meeting, from 9 a.m. to 4:15 p.m., will be closed. *Theater (application review):* July 22-25, 2008 in Room 730. A portion of this meeting, from 11:30 a.m. to 12:30 p.m. on July 25th, will be open to the public for a policy discussion. The remainder of the meeting, from 9 a.m. to 6 p.m. on July 22nd-24th and from 9 a.m. to 11:30 a.m. and 12:30 p.m. to 5 p.m. on July 25th, will be closed. *Presenting (application review):* July 23-25, 2008 in Room 716. This meeting, from 8:30 a.m. to 5:30 p.m. on July 23rd-24th and from 8:30 a.m. to 3:45 p.m. on July 25th, will be closed. *AccessAbility (application review):* July 24, 2008 in Room 716. This meeting, by teleconference from 2 p.m. to 3:30 p.m., will be closed. *Dance (application review):* July 28-August 1, 2008 in Room 716. This meeting, from 9 a.m. to 6 p.m. on July 28th-31st and from 9 a.m. to 3 p.m. on August 1st, will be closed. *Music (application review):* July 29-31, 2008 in Room 714. This meeting, from 9 a.m. to 5:45 p.m. on July 29th, from 8:30 a.m. to 6 p.m. on July 30th, and from 8:30 a.m. to 4:15 p.m. on July 31st, will be closed. The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of February 28, 2008, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code. Any person may observe meetings, or portions thereof, of advisory panels that are open to the public, and if time allows, may be permitted to participate in the panel's discussions at the discretion of the panel chairman. If you need special accommodations due to a disability, please contact the Office of AccessAbility, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202-682-5532, TDY-TDD 202-682-5496, at least seven
(7)days prior to the meeting. Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC, 20506, or call 202-682-5691. Dated: June 9, 2008. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. E8-13193 Filed 6-11-08; 8:45 am] BILLING CODE 7537-01-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Institute of Museum and Library Services; Sunshine Act Meeting of the National Museum and Library Services Board AGENCY: Institute of Museum and Library Services (IMLS), NFAH. ACTION: Notice of Meeting. SUMMARY: This notice sets forth the agenda of the forthcoming meeting of the National Museum and Library Services Board. This notice also describes the function of the Board. Notice of the meeting is required under the Sunshine in Government Act. Time and Date: Monday, June 23, 2008 from 1 p.m. to 4 p.m. Agenda: Fifteenth National Museum and Library Services Board Meeting: I. Welcome II. Approval of Minutes III. Financial Update IV. Legislative Update V. Board Program: Connecting to Collections & Youth Initiatives VI. Board Updates VII. Adjournment (Open to the Public) Place: The meeting will be held in the Gates Room on Level Five of the Denver Public Library, 10 W 14th Avenue Parkway, Denver, Colorado. Telephone:
(720)865-1111. FOR FURTHER INFORMATION CONTACT: Elizabeth Lyons, Special Events and Board Liaison, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC 20036. Telephone:
(202)653-4676. SUPPLEMENTARY INFORMATION: The National Museum and Library Services Board is established under the Museum and Library Services Act, 20 U.S.C. Section 9101 *et seq.* The Board advises the Director of the Institute on general policies with respect to the duties, powers, and authorities related to Museum and Library Services. If you need special accommodations due to a disability, please contact: Institute of Museum and Library Services, 1800 M Street, NW., 9th Fl., Washington, DC 20036. Telephone:
(202)653-4676; TDD
(202)653-4614 at least seven
(7)days prior to the meeting date. Dated: June 2, 2008. Kate Fernstrom, Chief of Staff. [FR Doc. E8-12919 Filed 6-11-08; 8:45 am] BILLING CODE 7036-01-M NATIONAL SCIENCE FOUNDATION Agency Information Collection Activities: Comment Request AGENCY: National Science Foundation. ACTION: Submission for OMB Review; Comment Request. SUMMARY: The National Science Foundation
(NSF)has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. This is the second notice for public comment; the first was published in the **Federal Register** at 73 FR 14276, and no comments were received. NSF is forwarding the proposed renewal submission to the Office of Management and Budget
(OMB)for clearance simultaneously with the publication of this second notice. The full submission may be found at: *http://www.reginfo.gov/public/do/PRAMain.* Comments regarding
(a)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;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the 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 should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 725—17th Street, NW., Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230 or via e-mail to *splimpto@nsf.gov.* Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556. NSF may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. SUPPLEMENTARY INFORMATION: *Title of Collection:* Monitoring for the National Science Foundation's Math and Science Partnership
(MSP)Program. *OMB Control No.:* 3145-0199. *Expiration Date of Approval:* September 30, 2008. 1. Abstract This document has been prepared to support the clearance of data collection instruments to be used in the evaluation of the Math and Science Partnership
(MSP)program. The goals for the program are to
(1)ensure that all K-12 students have access to, are prepared for, and are encouraged to participate and succeed in challenging curricula and advanced mathematics and science courses;
(2)enhance the quality, quantity, and diversity of the K-12 mathematics and science teacher workforce; and
(3)develop evidence-based outcomes that contribute to our understanding of how students effectively learn mathematics and science. The motivational force for realizing these goals is the formation of partnerships between institutions of higher education
(IHEs)and K-12 school districts. The role of IHE content faculty is the cornerstone of this intervention. In fact, it is the rigorous involvement of science, mathematics, and engineering faculty—and the expectation that both IHEs and K-12 school systems will be transformed—that distinguishes MSP from other education reform efforts. The components of the overall MSP portfolio include active projects whose initial awards were made prior to MSP competitions:
(1)Comprehensive Partnerships that implement change in mathematics and/or science educational practices in both higher education institutions and in schools and school districts, resulting in improved student achievement across the K-12 continuum;
(2)Targeted Partnerships that focus on improved K-12 student achievement in a narrower grade range or disciplinary focus within mathematics or science;
(3)Institute Partnerships: Teacher Institutes for the 21st Century that focus on the development of mathematics and science teachers as school- and district-based intellectual leaders and master teachers; and
(4)Research, Evaluation and Technical Assistance
(RETA)projects that build and enhance large-scale research and evaluation capacity for all MSP awardees and provide them with tools and assistance in the implementation and evaluation of their work. The MSP monitoring information system, comprised of eight Web-based surveys and one paper survey, collects a common core of data about each component of MSP. The Web application for MSP has been developed with a modular design that incorporates templates and self-contained code modules for rapid development and ease of modification. A downloadable version will also be available for respondents who prefer a paper version that they can mail or fax to the external contractor. *Use of the information:* This information is required for effective program planning, administration, communication, program and project monitoring and evaluation, and for measuring attainment of NSF's program, project and strategic goals, as required by the President's Management agenda as represented by the Office of Management and Budget's (OMB's) Program Assessment Rating Tool (PART); the Deficit Reduction Act of 2005 (Pub. L. 109-171) which established the Academic Competitiveness
(ACC)and the NSF's Strategic Plan. The Foundation's FY 2006-2011 Strategic Plan describes four strategic outcome goals of Discovery, Learning, Research Infrastructure, and Stewardship. NSF's complete strategic plan may be found at: *http://www.nsf.gov/publications/pub_summ.jsp?ods_key=nsf0648.* 2. Expected Respondents Individuals or households, not-for-profit institutions, business or other for profit, and Federal, State, local or tribal government. The expected respondents are principal investigators of all partnership and RETA projects; STEM and education faculty members and administrators who participated in MSP; school districts and IHEs that are partners in an MSP project; and teachers participating in Institute Partnerships. 3. Burden on the Public *Number of Respondents:* 3,149. *Burden on the Public:* The total estimate for this collection is 50,322 annual burden hours. This figure is based upon the previous 3 years of collecting information under this clearance and anticipated collections. The average annual reporting burden is estimated to be between 2 and 22 hours per respondent depending on whether a respondent is a direct participant who is self-reporting or representing a project and reporting on behalf of many project participants. The majority of respondents (60%) are estimated to require fewer than two hours to complete the survey. The burden on the public is negligible because the study is limited to project participants that have received funding from the MSP Program. Dated: June 9, 2008. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. E8-13186 Filed 6-11-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-389] Florida Power & Light Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-16 issued to the Florida Power and Light Company (the licensee) for operation of the St. Lucie Plant, Unit 2, located in St. Lucie County, Florida. The proposed amendment would change the Technical Specifications to modify the facilities operating licensing bases to adopt the alternative source term as allowed in 10 CFR 50.67 and described in Regulatory Guide 1.183. Through reanalysis of the following radiological consequences of the Updated Final Safety Analysis Report Chapter 15 accidents: Loss-of-Coolant Accident, Fuel Handling Accident, Main Steam Line Break, Steam Generator Tube Rupture, Reactor Coolant Pump Shaft Seizure, Control Element Assembly Ejection, Letdown Line Break, and Feedwater Line Break. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not
(1)Involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. The proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. Alternative source term calculations have been performed for St. Lucie Unit 2 which demonstrate that the dose consequences remain below limits specified in NRC Regulatory Guide 1.183 and 10 CFR 50.67. The proposed changes modify the setpoint for Control Room Isolation radiation monitoring instrumentation and add a new surveillance requirement. Control Room Isolation radiation monitoring instrumentation does not adversely affect accident initiators or precursors or prevent the ability of structures, systems, and components to perform their intended function to mitigate the consequences of an initiating event within the assumed acceptance limits. The modified setpoint and new surveillance requirement will ensure that the Control Room is isolated within the limits assumed in the AST analysis. The use of the AST only changes the regulatory assumptions regarding the analytical treatment of the design basis accidents and has no direct effect on the probability of any accident. The AST has been utilized in the analysis of the limiting design basis accidents listed above. The results of the analyses, which include the proposed changes to the Technical Specifications, demonstrate that the dose consequences of these limiting events are all within the regulatory limits. The proposed Technical Specification [TS] changes are consistent with, or more restrictive than, the current TS requirements, with the possible exception of the alarm/trip setpoint for Control Room Isolation radiation monitoring instrumentation. The current alarm/trip setpoint of ≤ 2 times background is variable. A background reading of approximately 40 cpm is typical for the Control Room Isolation radiation monitors. It is possible that the background reading could increase to above 160 cpm. Revising the Control Room Isolation alarm/trip setpoint from ≤ 2 times background to ≤ 320 cpm will establish a maximum setpoint value and ensure automatic actuation of the control room emergency ventilation system for the limiting case event with adequate margin for the bounding total loop uncertainty of 200%. None of the affected systems, components or programs are related to accident initiators. As such, the revised TS requirements can not affect the probability of an accident and can only reduce the consequences of analyzed accidents. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. The proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. Other than discussed below, the proposed change does not affect any plant structures, systems, or components. The operation of plant systems and equipment will not be affected by this proposed change. Neither implementation of the alternative source term methodology nor establishing more restrictive TS requirements have the capability to introduce any new failure mechanisms or cause any analyzed accident to progress in a different manner. The proposed changes associated with the Control Room Isolation radiation monitoring instrumentation setpoint and new surveillance requirement are not accident initiators. These proposed changes do not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a significant change in the methods governing normal plant operation. These changes do not alter any safety analysis assumptions and will not affect or degrade the ability of structures, systems, and components to perform their specified safety function. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. The proposed amendment does not involve a significant reduction in the margin of safety. The proposed implementation of the alternative source term methodology is consistent with NRC Regulatory Guide 1.183. The proposed Technical Specification changes are consistent with, or more restrictive than, the current TS requirements with the possible exception of the alarm/trip setpoint for Control Room Isolation radiation monitoring instrumentation. The current alarm/trip setpoint of ≤ 2 times background is variable. A background reading of approximately 40 cpm is typical for the Control Room Isolation radiation monitors. It is possible that the background reading could increase to above 160 cpm. Revising the Control Room Isolation radiation monitoring instrumentation alarm/trip setpoint from ≤ 2 times background to ≤ 320 cpm will establish a maximum setpoint value and ensure automatic actuation of control room emergency ventilation system for the limiting case event with adequate margin for the bounding total loop uncertainty of 200%. These TS requirements support the AST revisions to the limiting design basis accidents. As such, the current plant margin of safety is preserved. Conservative methodologies, per the guidance of RG 1.183, have been used in performing the accident analyses. The radiological consequences of these accidents are all within the regulatory acceptance criteria associated with use of the alternative source term methodology. The proposed changes continue to ensure that the doses at the exclusion area and low population zone boundaries and in the Control Room are within the corresponding regulatory limits of RG 1.183 and 10 CFR 50.67. The margin of safety for the radiological consequences of these accidents is considered to be that provided by meeting the applicable regulatory limits, which are set at or below the 10 CFR 50.67 limits. An acceptable margin of safety is inherent in these limits. Therefore, the proposed change does not involve a significant reduction in the margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the Internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten
(10)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submissions. For further details with respect to this license amendment application, see the application for amendment dated July 16, 2007, as supplemented June 2, 2008, which is available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 6th day of June 2008. For the Nuclear Regulatory Commission. Lois M. James, Chief, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-13197 Filed 6-11-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 72-4] Duke Power Company LLC d/b/a Duke Energy Carolinas, LLC; Notice of Docketing, Notice of Proposed Action, and Notice of Opportunity for a Hearing for Renewal of Special Nuclear Material License SNM-2503 for the Oconee Nuclear Generating Station Independent Spent Fuel Storage Installation AGENCY: Nuclear Regulatory Commission. ACTION: Notice of license renewal, and opportunity to request a hearing. DATES: A request for hearing and/or petition for leave to intervene must be filed by August 11, 2008. FOR FURTHER INFORMATION CONTACT: Ronald A. Burrows, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:
(301)492-3335; fax number:
(301)492-3348; e-mail: *ronald.burrows@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC or Commission) is considering an application dated January 30, 2008, from Duke Power Company LLC d/b/a Duke Energy Carolinas, LLC (applicant or Duke) for the renewal of its Special Nuclear Material License No. SNM-2503, under the provisions of 10 CFR part 72, for the receipt, possession, storage and transfer of spent fuel, reactor-related Greater than Class C
(GTCC)waste and other radioactive materials associated with spent fuel storage at the Oconee Nuclear Station
(ONS)Independent Spent Fuel Storage Installation (ISFSI), located at the ONS site in Oconee County, South Carolina. If granted, the renewed license will authorize the applicant to continue to store spent fuel in a dry cask storage system at the applicant's ONS ISFSI. Pursuant to the provisions of 10 CFR 72.42, the renewal term of the license for the ISFSI would be twenty
(20)years; however, the applicant has submitted a separate exemption request with the license renewal application, which, if granted, would allow the license to be renewed for 40 years. This application was docketed under 10 CFR part 72; the ISFSI Docket No. is 72-4. An NRC administrative review, documented in a letter to Duke dated April 24, 2008, found that the application contains sufficient information for the NRC staff to begin its technical review. The Commission will approve the license renewal application if it determines that the application meets the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations, including the findings required by 10 CFR 72.40. These findings will be documented in a Safety Evaluation Report. The NRC will complete an environmental evaluation, in accordance with 10 CFR Part 51, to determine if the preparation of an environmental impact statement is warranted or if an environmental assessment and finding of no significant impact are appropriate. This action will be the subject of a subsequent notice in the **Federal Register** . II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an application for the renewal of Special Nuclear Material License No. SNM-2503 issued to Duke for its ISFSI located at the ONS site in Oconee County, South Carolina. Any person whose interest may be affected by this proceeding, and who desires to participate as a party, must file a request for a hearing and a specification of the contentions which the person seeks to have litigated in the hearing, in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). All documents filed in NRC adjudicatory proceedings, including documents filed by interested governmental entities participating under 10 CFR 2.315(c) and any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, must be filed in accordance with the E-Filing rule. The E-Filing rule requires participants to submit and serve all adjudicatory documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten
(10)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV* , or by calling
(301)415-1677, to request
(1)a digital Identification
(ID)certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor, or its counsel or representative, already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* . Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemakings and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include Social Security numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. The formal requirements for documents contained in 10 CFR 2.304(c)-(e) must be met. If the NRC grants an electronic document exemption in accordance with 10 CFR 2.302(g)(3), then the requirements for paper documents, set forth in 10 CFR 2.304(b) must be met. In accordance with 10 CFR 2.309(b), a request for a hearing must be filed by August 11, 2008. In addition to meeting other applicable requirements of 10 CFR 2.309, the general requirements involving a request for a hearing filed by a person other than an applicant must state: 1. The name, address, and telephone number of the requestor; 2. The nature of the requestor's right under the Act to be made a party to the proceeding; 3. The nature and extent of the requestor's property, financial or other interest in the proceeding; 4. The possible effect of any decision or order that may be issued in the proceeding on the requestor's interest; and 5. The circumstances establishing that the request for a hearing is timely in accordance with 10 CFR 2.309(b). In accordance with 10 CFR 2.309(f)(1), a request for hearing or petitions for leave to intervene must set forth with particularity the contentions sought to be raised. For each contention, the request or petition must: 1. Provide a specific statement of the issue of law or fact to be raised or controverted; 2. Provide a brief explanation of the basis for the contention; 3. Demonstrate that the issue raised in the contention is within the scope of the proceeding; 4. Demonstrate that the issue raised in the contention is material to the findings that the NRC must make to support the action that is involved in the proceeding; 5. Provide a concise statement of the alleged facts or expert opinions which support the requestor's or petitioner's position on the issue and on which the requestor or petitioner intends to rely to support its position on the issue; and 6. Provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant's environmental report and safety report) that the requestor or petitioner disputes and the supporting reasons for each dispute or, if the requestor or petitioner believes the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the requestor's or petitioner's belief. In addition, in accordance with 10 CFR 2.309(f)(2), contentions must be based on documents or other information available at the time the request or petition is to be filed, such as the application, supporting safety analysis report, environmental report or other supporting document filed by the applicant, or otherwise available to the requestor or petitioner. On issues arising under the National Environmental Policy Act, the requestor or petitioner shall file contentions based on the applicant's environmental report. The requestor or petitioner may amend those contentions or file new contentions if there are data or conclusions in the NRC draft or final environmental impact statement or if appropriate, the environmental assessment and associated draft or final finding of no significant impact, or any supplements relating thereto, that differ significantly from the data or conclusions in the applicant's documents. Otherwise, contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. Technical—primarily concerns issues relating to matters discussed or referenced in the Safety Evaluation Report for the proposed action. 2. Environmental—primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the proposed action. 3. Emergency Planning—primarily concerns issues relating to matters discussed or referenced in the Emergency Plan as it relates to the proposed action. 4. Physical Security—primarily concerns issues relating to matters discussed or referenced in the Physical Security Plan as it relates to the proposed action. 5. Miscellaneous—does not fall into one of the categories outlined above. If the requestor or petitioner believes a contention raises issues that cannot be classified as primarily falling into one of these categories, the requestor or petitioner must set forth the contention and supporting bases, in full, separately for each category into which the requestor or petitioner asserts the contention belongs with a separate designation for that category. Requestors or petitioners should, when possible, consult with each other in preparing contentions and combine similar subject matter concerns into a joint contention, for which one of the co-sponsoring requestors or petitioners is designated the lead representative. Further, in accordance with 10 CFR 2.309(f)(3), any requestor or petitioner that wishes to adopt a contention proposed by another requestor or petitioner must do so, in accordance with the E-Filing rule, within ten days of the date the contention is filed, and designate a representative who shall have the authority to act for the requestor or petitioner. In accordance with 10 CFR 2.309(g), a request for hearing or a petition for leave to intervene may also address the selection of hearing procedures, taking into account the provisions of 10 CFR 2.310. III. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are: License Renewal Application dated January 30, 2008 (ML081280084) and the acceptance review letter dated April 24, 2008 (ML081200183). If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr.resource@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 30th day of May 2008. For the Nuclear Regulatory Commission. Ronald A. Burrows, Project Manager, Licensing Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards. [FR Doc. E8-13198 Filed 6-11-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Final Regulatory Guide: Issuance, Availability AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Issuance, Availability of Regulatory Guide 4.21. FOR FURTHER INFORMATION CONTACT: Edward O'Donnell, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-6265 or e-mail to *Edward.ODonnell@nrc.gov.* SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission
(NRC)is issuing a new regulatory guide, RG 4.21, “Minimization of Contamination and Radioactive Waste Generation: Life-Cycle Planning.” The NRC's regulatory guides describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. This guide describes a method that the staff of the NRC considers acceptable for use in implementation of Title 10 of the Code of Federal Regulations, Section 20.1406 (10 CFR 20.1406), “Minimization of Contamination.” Section 20.1406 requires applicants for licenses, design certification, approval of standard designs, and manufacturing licenses under 10 CFR Part 52, “Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear Power Plants,” to submit information with regard to design and operational procedures for
(1)minimizing radioactive waste generation, contamination of the facility and the environment, and
(2)facilitating decommissioning. In July 2007, the NRC published a draft of this guide as DG-4012. The public comment period closed on November 1, 2007. The staff's responses to the public comments are located in the NRC's Agencywide Documents Access and Management System (ADAMS), Accession Number ML080700256. Electronic copies of RG 4.21 are available through the NRC's public Web site under “Regulatory Guides” at *http://www.nrc.gov/reading-rm/doc-collections/.* In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at
(301)415-4737 or
(800)397-4209, by fax at
(301)415-3548, and by e-mail to *PDR@nrc.gov.* Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Dated at Rockville, Maryland, this 5th day of June, 2008. For the Nuclear Regulatory Commission. Makuteswara Srinivasan, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E8-13217 Filed 6-11-08; 8:45 am] BILLING CODE 7590-01-P POSTAL REGULATORY COMMISSION [Docket Nos. CP2008-8, CP2008-9 and CP2008-10; Order No. 81] Global Plus Postal Contracts AGENCY: Postal Regulatory Commission. ACTION: Notice. SUMMARY: This document announces the filing of three Postal Service notices regarding Global Plus contracts and related Commission review. Publication of this document satisfies procedural requirements. It also allows interested persons an opportunity to comment. DATES: Postal Service filings are due June 13, 2008. Public comments are due June 19, 2008. ADDRESSES: Submit comments electronically via the Commission's Filing Online system at *http://www.prc.gov.* FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202-789-6820 and *stephen.sharfman@prc.gov.* SUPPLEMENTARY INFORMATION: On June 2, 2008, the Postal Service filed three notices, which have been assigned to Docket Nos. CP2008-8, CP2008-9 and CP2008-10, announcing prices and classification changes for competitive products not of general applicability. The notice in Docket No. CP2008-8 informs the Commission that “the Governors have established prices and classifications for competitive products not of general applicability for Global Plus Contracts.” 1 The Postal Service attached a revision of the draft Mail Classification Schedule
(MCS)(section 2610.5) concerning Global Plus contracts to the Notice. 2 Docket No. CP2008-8 has been filed pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5 and 3020.90. In support of this docket, the Postal Service has also filed materials under seal, including the Governors' decision. The Postal Service claims that “[c]ontract prices are highly confidential in the business world * * * [and that its] ability * * * to negotiate individual contracts would be severely compromised if prices for these types of agreements were publicly disclosed.” Notice at 1-2. 1 Notice of United States Postal Service of Governors' Decision Establishing Prices and Classifications for Global Plus Contracts, June 2, 2008, at 1 (Notice). 2 The draft MCS remains under review. The Commission anticipates providing interested persons an opportunity to comment on the draft MCS in the near future. Modifications to the MCS, such as proposed in Docket No. CP2008-8, should, in the future, be filed in the dockets designated by the “MC” prefix. Contracts executed pursuant to those requested classifications are appropriately filed as “CP” dockets. The notices in Docket Nos. CP2008-9 and CP2008-10 announce individual negotiated service agreements, namely, specific Global Plus contracts that the Postal Service has entered into with individual mailers. 3 In support of these dockets, the Postal Service has also filed materials, including the contracts and supporting materials, under seal. 4 The Postal Service asserts that “[t]he names of customers who enter into respective contracts and the related contract prices are highly confidential business information.” Docket No. CP2008-9 Pricing Notice at 1; Docket No. CP2008-10 Pricing Notice at 1. 3 Docket No. CP2008-9, Notice of United States Postal Service Filing of a Global Plus Contract, June 2, 2008 (Docket No. CP2008-9 Pricing Notice); Docket No. CP2008-10, Notice of United States Postal Service of Filing a Global Plus Contract, June 2, 2008 (Docket No. CP2008-10 Pricing Notice). 4 The Postal Service's filings under seal did not comply with the Commission's procedural rules. The Postal Service is reminded that a cover sheet must be attached to all documents being filed under seal. The cover sheet must contain the caption and title pursuant to 39 CFR 3001.11(a). Consistent with previous practice, documents filed under seal should contain a statement similar to the following: “CONFIDENTIAL—DOCUMENT FILED UNDER SEAL.” *See, e.g.* , Docket No. MC2005-3, P.O. Ruling MC2005-3/2, at Attachment para. 10. The Postal Service's filings in these dockets are related. Docket No. CP2008-8 establishes, in essence, a shell classification, while Docket Nos. CP2008-9 and CP2008-10 are specific agreements negotiated pursuant to the conditions of the shell classification. Given this interrelationship, the Commission reviews these proceedings together in this order. 5 5 While this order treats these proceedings together due to their interrelated nature, future filings should be made in the docket related to the issues being addressed. In Order No. 43, the Commission issued regulations establishing a modern system of rate regulation, including a list of competitive products. PRC Order No. 43, October 29, 2007, 3061, 4013. Among other things, the Commission determined that each negotiated service agreement would initially be classified as a separate product. The Commission also acknowledged, however, the possibility of grouping functionally equivalent agreements as a single product if they exhibit similar cost and market characteristics. *Id.* 2177 and 3001. In its filings, the Postal Service does not contend or provide support for the proposition that these two agreements are premised on similar cost and market characteristics. Thus, the specific Global Plus agreements filed in Docket Nos. CP2008-9 and CP2008-10 will be classified as new products. As noted above, the Postal Service filed all three above-captioned dockets pursuant to 39 CFR 3015.5. 6 Recognizing that the Postal Service's filings in these proceedings represent a series of recent filings involving competitive rates not of general applicability under 39 U.S.C. 3632(b)(3), the Commission will proceed as if the Global Plus negotiated service agreements also had been filed pursuant to 39 CFR part 3020, subpart B. 7 As a consequence, the Commission will also review the dockets pursuant to 39 CFR 3020.34. Because the Commission in its own discretion will review these dockets under 39 CFR 3020.34, the Postal Service may, if it wishes to do so, supplement the materials already filed with the Commission. 8 6 Docket No. CP2008-8 was also filed pursuant to 39 CFR 3020.90. 7 In Order Nos. 78 and 79, the Commission provided guidance on the filing procedures that should be used for such filings in the future. *See* PRC Order No. 78 at 3, n.6. 8 The Commission characterizes the Governors' decision and associated materials filed in Docket No. CP2008-8 as material that supports the specific negotiated service agreements filed in Docket Nos. CP2008-9 and CP2008-10. In addition, the Commission directs the Postal Service to identify and list any contracts currently in existence (and their respective expiration dates) that would no longer qualify as Global Plus contracts under proposed revised section 2610.5 to the draft MCS attached to the Notice in Docket No. CP2008-8. The Commission also directs the Postal Service to provide a detailed justification for why it believes that Global Plus contracts' expiration dates (without disclosing the identity of the customers) should not be made publicly available. The Postal Service must also address the reasons why the entire Governors' decision is considered to be highly confidential or otherwise entitled to be filed under seal. Under the negotiated service agreements at issue, mailers would pay discounted rates prior to necessary regulatory approval for such rates subject to subsequent collection of the full rate if regulatory approval is not obtained. The Postal Accountability and Enhancement Act does not appear to contemplate this arrangement for new products. *See* 39 U.S.C. 3642(e). The Postal Service should address this issue in its comments. Answers to the Commission's questions and any supplemental materials that the Postal Service plans to provide are due no later than June 13, 2008. Interested persons may express views and offer comments on whether the planned changes are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642. Comments are due no later than June 19, 2008. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to serve as officer of the Commission (Public Representative) to represent the interests of the general public in the above-captioned dockets. *It is ordered:* 1. Responses to the Commission's questions set forth in the body of this order and any supplemental materials that the Postal Service wishes to provide are due no later than June 13, 2008. 2. Comments by interested persons on issues in these proceedings are due no later than June 19, 2008. 3. The Commission appoints Paul L. Harrington as Public Representative to represent the interests of the general public in these proceedings. 4. The Secretary shall arrange for publication of this order in the **Federal Register** . By the Commission. Steven W. Williams, Secretary. [FR Doc. E8-13161 Filed 6-11-08; 8:45 am] BILLING CODE 7710-FW-P SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In the Matter of: Struthers, Inc. (n/k/a Global Marine, Ltd.), Sun Vacation Properties Corp., and Sunshine Mining & Refining Co.,; Order of Suspension of Trading June 10, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Struthers, Inc. (n/k/a Global Marine Ltd.) because it has not filed any periodic reports since the period ended September 30, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Sun Vacation Properties Corp. because it has not filed any periodic reports since the period ended December 31, 2003. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Sunshine Mining & Refining Co. because it has not filed any periodic reports since September 30, 2001. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to section 12(k) of the Securities Exchange Act of 1934, that trading in the above-listed companies is suspended for the period from 9:30 a.m. EDT on June 10, 2008, through 11:59 p.m. EDT on June 23, 2008. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. 08-1347 Filed 6-10-08; 10:23 am]
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CFR
- Withdrawal of approval of an application or abbreviated application.§ 314.150
- How is the Formula Current Assisted Stock (FCAS) Component developed?§ 1000.316
- Accident source term.§ 50.67
- Notice for public comment; State consultation.§ 50.91
- Issuance of amendment.§ 50.92
- Hearing requests, petitions to intervene, requirements for standing, and contentions.§ 2.309
- Filing of documents.§ 2.302
- Duration of license; renewal.§ 72.42
- Issuance of license.§ 72.40
- Participation by a person not a party.§ 2.315
- Formal requirements for documents; signatures; acceptance for filing.§ 2.304
- Selection of hearing procedures.§ 2.310
- Minimization of contamination.§ 20.1406
U.S. Code
- New drugs§ 355
- Public assistance pilot program§ 777
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Congressional findings§ 6901
- Imminent hazard§ 6973
- Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records§ 3303a
- Application for indemnity agreements§ 973
- General definitions§ 9101
- Action of the Governors§ 3632
- New products and transfers of products between the market-dominant and competitive categories of mail§ 3642
- Officer of the Postal Regulatory Commission representing the general public§ 505
register
20 references not yet in our index
- 21 CFR 314
- 42 USC 5121-5206
- 16 USC 668dd-668ee
- Pub. L. 105-57
- 43 CFR 2650.7(d)
- 43 CFR 4
- 36 CFR 1228.24(b)(3)
- Pub. L. 104-13
- 45 CFR 1160.4
- Pub. L. 92-463
- Pub. L. 109-171
- 10 CFR 2
- 10 CFR 72
- 10 CFR 51
- 10 CFR 52
- 39 CFR 3015.5
- 39 CFR 3001.11(a)
- 39 CFR 3020
- 39 CFR 3020.34
- 39 CFR 3020.90
Citation graph
cites case law
Notices
Notice
Cite21 CFR 314
Cite42 USC 5121-5206
Cite16 USC 668dd-668ee
Cites 45 · showing 12Cited by 0 across 0 sources