Rules and Regulations. Final rule

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BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 680 [Docket No. 080129098-8743-02] RIN 0648-AW45 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS issues regulations implementing Amendment 26 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP).

These regulations amend the Crab Rationalization Program. Amendment 26 amends the FMP to exempt permanently quota share issued to crew members, and the annual harvest privileges derived from that quota share, from requirements for delivery to specific processors, delivery within specific geographic regions, and participation in an arbitration system to resolve price disputes. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the FMP, and other applicable law.

DATES: Effective July 21, 2008. ADDRESSES: Copies of Amendment 26, the Regulatory Impact Review (RIR)/Final Regulatory Flexibility Analysis

(FRFA)prepared for this action, and the Environmental Impact Statement

(EIS)prepared for the Crab Rationalization Program may be obtained from the NMFS Alaska Region, P. O. Box 21668, Juneau, AK 99802 or from the Alaska Region website at *http://www.fakr.noaa.gov* . FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228. SUPPLEMENTARY INFORMATION: The king and Tanner crab fisheries in the exclusive economic zone of the Bering Sea and Aleutian Islands

(BSAI)are managed under the FMP. The FMP was prepared by the North Pacific Fishery Management Council (Council) under the MSA as amended by the Consolidated Appropriations Act of 2004 (Public Law 108-199, section 801). Amendments 18 and 19 to the FMP implemented the BSAI Crab Rationalization Program (Program). Regulations implementing Amendments 18 and 19 were published on March 2, 2005 (70 FR 10174), and are located at 50 CFR part 680. Crab Rationalization Program Overview Under the Program, NMFS issued four types of quota share

(QS)to persons based on their qualifying harvest histories in the BSAI crab fisheries during a specific period of time defined under the Program. The first two types of QS were issued to holders of license limitation program

(LLP)licenses endorsed for a crab fishery. Catcher/processor LLP license holders were issued catcher/processor vessel owner

(CPO)QS based on the catch history of catcher processors using an LLP license, and catcher vessel LLP license holders were issued catcher vessel owner

(CVO)QS based on the catch history of catcher vessels using an LLP license. Under the Program, 97 percent of the QS was initially issued as CVO and CPO QS. The remaining 3 percent of the QS was initially issued to vessel captains and crew as “C shares,” based on their harvest histories as crew members onboard crab fishing vessels. Captains and crew onboard catcher/processor vessels were issued catcher/processor crew

(CPC)QS; and captains and crew onboard catcher vessels were issued catcher vessel crew

(CVC)QS. Each year, the QS issued to a person yields an amount of individual fishing quota (IFQ), which is a permit that provides an exclusive harvest privilege for a specific amount of raw crab pounds, in a specific crab fishery, in a given season. The size of each annual IFQ allocation is based on the amount of QS held by a person in relation to the total QS pool in a crab fishery. As an example, a person holding QS equal to one percent of the QS pool in a crab fishery would receive IFQ to harvest 1 percent of the annual total allowable catch

(TAC)in that crab fishery. NMFS can issue the resulting IFQ to the QS holder directly, or to a crab harvesting cooperative comprised of multiple QS holders. Crab harvesting cooperatives have been used extensively by QS holders to allow them to receive a larger IFQ pool and coordinate deliveries and price negotiations among numerous vessels. Most QS holders, including CVC and CPC QS holders, have joined cooperatives in the first two years of the Program, and are likely to continue to do so because of the economic and administrative benefits of consolidating their IFQ. The IFQ derived from CPO and CPC QS may be harvested and processed at sea and is not required to be delivered to a specific onshore processor or stationary floating crab processor, or within a specific geographic region. However, the IFQ derived from CVO QS is subject to

(1)delivery requirements to a specific onshore processor or stationary floating crab processor,

(2)delivery within specific geographic regions, also known as regionalization, and

(3)requirements to participate in an arbitration system. The IFQ derived from CVC QS must be delivered to onshore or stationary floating crab processors, but is currently exempt from delivery requirements to specific processors, regionalization requirements, and requirements to participate in the arbitration system. However, under the existing regulations, CVC QS and the resulting IFQ will be subject to the same delivery, regionalization, and arbitration system requirements as CVO QS/IFQ after June 30, 2008. When the Program was adopted in 2004, the Council recommended regularly scheduled reviews of the Program 18 months, three years, and five years after its implementation to assess specific issues. Beginning in February 2007, Council staff began preparation of the 18-month review. Among other issues examined during this review, Council staff provided a summary of the key issues and concerns relevant to applying delivery, regionalization, and arbitration system requirements to CVC QS/IFQ holders. Members of the public noted that applying these requirements to CVC QS/IFQ holders after June 30, 2008, would limit their ability to address logistical complications, not provide flexibility for CVC IFQ holders to deliver to alternative markets if desired, substantially increase the costs of operation, and not provide substantial additional stability to processors and communities. Based on these concerns, in April 2007, the Council tasked staff to prepare an analysis that would review the implications of permanently exempting CVC QS/IFQ from delivery, regionalization, and arbitration system requirements. The Council deliberated over the issue at subsequent meetings, and in December 2007, recommended permanently exempting CVC QS/IFQ from all three of these Program requirements. Notice of Availability and Proposed Rule NMFS published the notice of availability for Amendment 26 on March 21, 2008 (73 FR 15118), with a public comment period that closed on May 20, 2008. NMFS received no public comments on Amendment 26. The Secretary of Commerce approved Amendment 26 on June 6, 2008. NMFS published the proposed rule for this action on March 31, 2008 (73 FR 16830), with a public comment period that closed on May 15, 2008. NMFS received one public comment on the proposed rule, which is summarized and responded to below. Effects of the Action The following sections briefly describe the effects of permanently exempting CVC QS/IFQ holders from delivery, regionalization, and the arbitration system requirements. Additional discussion of the rationale and effects of this action is provided in the preamble to the proposed rule (73 FR 16830) and is not repeated here. *Processor delivery requirements.* The Program recognizes the historic participation of processors and communities dependent on crab processing in the BSAI crab fisheries by requiring that a portion of the annual TAC be delivered to specific onshore or stationary floating crab processors. The Program established this linkage by issuing processor quota shares

(PQS)to processors with historic participation in crab processing during a specific period. PQS yields individual processor quota

(IPQ)on an annual basis that represents a privilege to receive a certain amount of crab harvested. Currently, 90 percent of the IFQ derived from CVO QS holders is issued as Class A IFQ. NMFS issues one pound of IPQ for each pound of Class A IFQ, creating a one-to-one correspondence between Class A IFQ and IPQ. The remaining 10 percent of the annual CVO IFQ is issued as Class B IFQ, which may be delivered to any processor and are not required to be delivered to a processor with unused IPQ. The Council also recommended that because CVC QS was generated based on deliveries to onshore or stationary floating crab processors, it also should be issued as 90 percent Class A IFQ and 10 percent Class B IFQ. To facilitate CVC QS/IFQ holders and reduce the complex process matching of Class A IFQ to specific processors with IPQ, the Program exempted CVC IFQ from issuance as Class A/B IFQ and the prohibitions on CVC IFQ leasing for the first three crab fishing years. This period expires on June 30, 2008 (see 50 CFR 680.41(e) and 50 CFR 680.42(b)(6) and (c)(5)), and was intended to provide CVC QS/IFQ holders time to adapt to the Program before phasing in these additional restrictions. Further, the Council recommended that the appropriateness of applying Class A and B IFQ restrictions should be reviewed 18 months after the implementation of the Program. The Council anticipated that applying these restrictions to CVC QS may not be necessary to achieve the goals of providing additional stability to the processing sector and communities and could impose additional costs and complexity on CVC QS/IFQ holders. The RIR/FRFA prepared for this action by Council and NMFS staff indicates that the application of Class A IFQ delivery requirements to CVC IFQ would logistically complicate use of those shares (see ADDRESSES ). Public testimony received during the Council's deliberations that led to the adoption of Amendment 26 noted concerns about the complexity of matching shares and asserted that the potential advantages to processors and communities by establishing these delivery requirements were outweighed by the additional costs that CVC QS/IFQ holders would incur. Public testimony from processors and communities with processing facilities did not dispute this assertion and supported permanently exempting CVC QS from the requirements that it be issued as Class A and B IFQ. Permanently extending the exemption of the Class A/B IFQ delivery requirements to CVC QS/IFQ holders is not anticipated to have adverse effects on other participants given the limited number of these shares relative to CVO, CPO, and CPC QS/IFQ. This thesis is further supported by the fact that CVC QS/IFQ has been exempt from the Class A IFQ delivery requirement for the first three years of the Program and no negative effects were indicated in the RIR/FRFA prepared for this action. Public testimony provided during Council review of this issue did not indicate that there would be negative effects on processors or communities as a result of a permanent exemption from Class A/B designation for CVC IFQ. Additionally, based on a review of recent harvest patterns provided in the RIR/FRFA prepared for this action, CVC IFQ delivery patterns seem similar to those of Class A IFQ. These patterns could change in the future so that CVC IFQ would be more likely to be delivered independently of Class A IFQ to other markets; however, given the relatively small percentage of the total landings that are assigned to CVC IFQ onboard a vessel, NMFS does not expect delivery patterns for CVC IFQ to differ from the delivery patterns currently observed. Furthermore, even if the delivery patterns of CVC IFQ were to change in the future, NMFS believes that a shift in such a relatively small amount of IFQ likely would not have an appreciable effect on overall processor operations or deliveries to specific communities. *Regionalization.* In addition to processor share landing requirements, Class A IFQ and IPQ are subject to regional landing requirements. Those shares must be landed and processed in specified geographic regions. Those regions are described in the EIS prepared for the Program and the RIR/FRFA prepared for this action (see ADDRESSES ). The Class A IFQ regional delivery requirements vary depending on the specific crab fishery but generally ensure that a portion of the catch is delivered within areas that have communities that are active in crab processing. For most crab fisheries, there are two regions. One region is typically considered the more remote region. The requirement to land within the more remote region provides some assurance that the small number of processors and communities historically active within that region will continue to receive catch that could otherwise be diverted to the less remote region. If CVC IFQ were subject to a Class A/B IFQ designation, then 90 percent of the CVC IFQ would be defined as Class A IFQ and therefore subject to regionalization. Because the Program exempted CVC IFQ from a Class A/B IFQ designation through June 30, 2008, to reduce the initial complexities of matching shares and for the other reasons mentioned in the previous section, CVC IFQ also was exempted from regionalization. Given that CVC IFQ is currently exempt from regionalization, and CVC IFQ is delivered in conjunction with CVO Class A IFQ currently, NMFS believes that permanently exempting CVC IFQ from regionalization requirements will not have any noticeable effect on the overall delivery of CVC IFQ within a given region. Permanently exempting CVC IFQ from regionalization requirements could provide opportunities to CVC IFQ holders to use additional markets that would be foreclosed if those shares were subject to regionalization. *Arbitration System.* To aid participants in resolving price and delivery disputes that may arise among Class A IFQ and IPQ holders, the Council developed an arbitration system. Regulations at 50 CFR 680.20 require that Class A IFQ and IPQ holders join private arbitration organizations. These arbitration organizations, in turn, must enter into contracts that define the procedure for resolving price disputes. The arbitration system serves several functions to resolve price and delivery disputes, including establishing a mechanism for the orderly matching of Class A IFQ with IPQ, developing a market report and non-binding price formula to inform price negotiations, and providing a binding arbitration procedure to resolve impasses in negotiations. A more complete description of the arbitration system is provided in the RIR/FRFA prepared for this action and the EIS prepared for the Program (see ADDRESSES ). Because the arbitration system applies only to Class A IFQ, exempting CVC IFQ from Class A/B IFQ designation effectively exempts CVC IFQ from the arbitration system. *Summary.* This rule implements a permanent exemption to delivery, regionalization, and arbitration system requirements for CVC QS/IFQ holders. As described in greater detail in the preamble to the proposed rule (73 FR 16830) and the RIR/FRFA prepared for this action, permanently extending the exemption from delivery, regionalization, and arbitration system requirements will allow CVC QS/IFQ holders to avoid the additional costs and complexity that would result to them if these exemptions are not granted. Furthermore, providing these exemptions would not deprive processors and communities of any appreciable benefits if the delivery , regionalization, and arbitration system requirements were applied to CVC QS/IFQ. NMFS modified the Program regulations to remove all instances that either require or refer to CVC IFQ being redesignated as Class A/B IFQ after June 30, 2008. These references occur in regulatory text at 50 CFR 680.2, 680.20, 680.21, 680.40, and 680.42. Response to Comments *Comment 1:* Cut all quotas by 50 percent this year and by l0 percent each year thereafter. The commenter notes that NMFS also permitted harvests in the Alaska herring fishery and asserts that the herring fishery adversely affects marine life. *Response:* This final rule does not address the allocation of QS or TAC under the Program and modifying QS or TAC allocation is outside the scope of this action. This action modifies the nature of CVC IFQ. NMFS notes that the Alaska Department of Fish and Game manages herring fisheries in State of Alaska waters. No change in the regulations has been made based on this comment. Changes from the Proposed Rule NMFS did not make any changes from the proposed rule. Classification Consistency with the MSA and Other Laws The Assistant Administrator for Fisheries, NOAA, has determined that Amendment 26 is necessary for the conservation and management of the BSAI crab fisheries and that it is consistent with the MSA and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. An Environmental Impact Statement/Regulatory Impact Review/Initial Regulatory Flexibility Analysis/Social Impact Assessment was prepared for the Program that describes the management background, the purpose and need for the Program, the management alternatives, and the environmental, social, and economic impacts (see ADDRESSES ). With this final rule, NMFS is continuing to implement the Program. Final Regulatory Flexibility Analysis

(FRFA)A FRFA was prepared for this rule, as required by section 604 of the Regulatory Flexibility Act (RFA). Copies of the FRFA prepared for this final rule are available from NMFS (see ADDRESSES ). The FRFA incorporates the IRFA, a summary of the significant issues raised by the public comments in response to the IRFA, NMFS( responses to those comments, and a summary of the analyses completed to support the action. A summary of the FRFA follows. Why Action by the Agency is Being Considered and Objectives of, and Legal Basis for, the Rule The FRFA describes in detail the reasons why this action is being proposed, describes the objectives and legal basis for the rule, and discusses both small and non-small regulated entities to adequately characterize the fishery participants. The MSA provides the legal basis for the rule, as discussed in this preamble. The objectives of the rule are to permanently exempt CVC QS/IFQ holders from delivery, regionalization, and arbitration system requirements allowing them to avoid the additional costs and complexity that will result to them if these exemptions are not granted. Number of Small Entities to Which the Final Rule Would Apply For purposes of a FRFA, the Small Business Administration

(SBA)has established that a business involved in fish harvesting is a small business if it is independently owned and operated, not dominant in its field of operation (including its affiliates), and if it has combined annual gross receipts not in excess of $4.0 million for all its affiliated operations worldwide. A seafood processor is a small business if it is independently owned and operated, not dominant in its field of operation, and employs 500 or fewer persons on a full-time, part-time, temporary, or other basis, at all its affiliated operations worldwide. Because the SBA does not have a size criterion for businesses that are involved in both the harvesting and processing of seafood products, NMFS has in the past applied and continues to apply SBA's fish harvesting criterion for these businesses because catcher/processors are first and foremost fish harvesting businesses. Therefore, a business involved in both the harvesting and processing of seafood products is a small business if it meets the $4.0 million criterion for fish harvesting operations. NMFS currently is reviewing its small entity size classification for all catcher/processors in the United States. However, until new guidance is adopted, NMFS will continue to use the annual receipts standard for catcher/processors. NMFS plans to issue new guidance in the near future. The FRFA contains a description and estimate of the number of small entities to which the rule would apply. The FRFA estimates that all of the 219 individuals hold CVC QS/IFQ and would be directly regulated by the proposed action. The FRFA notes that estimates of the number of small CVC QS/IFQ holders under the Program are complicated by limited share holder information, but, conservatively, the FRFA estimates that all of the individuals holding CVC QS/IFQ would be considered small entities. Public Comments Received on the IRFA NMFS received no public comments on the IRFA or on the economic impacts of the rule. Projected Reporting, Recordkeeping, and Other Compliance Requirements This rule would not change existing reporting, recordkeeping, or other compliance requirements. Comparison of Alternatives All the directly regulated individuals would be expected to benefit from the preferred alternative, Alternative 2 (described in this rule) relative to the status quo alternative because it relieves individuals from requirements that would increase their costs of operation. Of the two alternatives considered, status quo and this action, this action minimizes adverse economic impacts on the individuals that are directly regulated. Although the alternatives under consideration in this action would have distributional and efficiency impacts for individual participants, such as reducing some operational costs for CVC QS/IFQ holders, in no case are these impacts in the aggregate expected to be substantial. Although neither of the alternatives has substantial negative impacts on small entities, preferred Alternative 2 minimizes the potential negative impacts that could arise under Alternative 1, the status quo alternative. Differences in efficiency that could arise are likely to affect most participants in a minor way having an overall insubstantial impact. As a consequence, neither alternative is expected to have any significant economic or socioeconomic impacts. Nevertheless, Alternative 2 is preferable because it reduces costs of operations for small entities to a limited degree. Small Entity Compliance Guide NMFS has posted a small entity compliance guide on its website at *http://www.fakr.noaa.gov/sustainablefisheries/crab/crfaq.htm* to satisfy the Small Business Regulatory Enforcement Fairness Act of 1996 requirement for a plain language guide to assist small entities in complying with this rule. Contact NMFS to request a hard copy of the guide (see ADDRESSES ). List of Subjects in 50 CFR Part 680 Alaska, Fisheries. Dated: June 16, 2008. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 680 is amended as follows: PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 1. The authority citation for 50 CFR part 680 continues to read as follows: Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479. 2. In § 680.2, the definitions of “Arbitration IFQ”, and “Arbitration QS” are revised to read as follows: § 680.2 Definitions. *Arbitration IFQ* means:

(1)Class A catcher vessel owner

(CVO)IFQ held by a person who is not a holder of PQS or IPQ and who is not affiliated with any holder of PQS or IPQ, and

(2)IFQ held by an FCMA cooperative. *Arbitration QS* means CVO QS held by a person who is not a holder of PQS or IPQ and is not affiliated with any holder of PQS or IPQ. 3. In § 680.20, paragraphs (a)(1), (b)(1)(i), the introductory text to paragraph (c), and paragraph (e)(7) are revised to read as follows: § 680.20 Arbitration System.

(a)* * *

(1)*Arbitration System.* All CVO QS, Arbitration IFQ, Class A IFQ holders, PQS and IPQ holders must enter the contracts as prescribed in this section that establish the Arbitration System. Certain parts of the Arbitration System are voluntary for some parties, as specified in this section. All contract provisions will be enforced by parties to those contracts.

(b)* * *

(1)* * *

(i)Holders of CVO QS,

(c)*Preseason requirements for joining an Arbitration Organization.* All holders of CVO QS, PQS, Arbitration IFQ, Class A IFQ affiliated with a PQS or IPQ holder, and IPQ must join and maintain a membership in an Arbitration Organization as specified in paragraph

(d)of this section. All holders of QS, PQS, IFQ, or IPQ identified in the preceding sentence must join an Arbitration Organization at the following times:

(e)* * *

(7)*IFQ and IPQ issuance and selection of the Market Analyst, Formula Arbitrator, and Contract Arbitrator(s).* NMFS will not issue CVO IFQ and IPQ for a crab QS fishery until Arbitration Organizations establish by mutual agreement contracts with a Market Analyst, Formula Arbitrator, and Contract Arbitrator(s) for that fishery and notify NMFS. 4. In § 680.21, paragraph (a)(1)(iii)(B) is revised to read as follows: § 680.21 Crab harvesting cooperatives.

(a)* * *

(1)* * *

(iii)* * *

(B)Upon joining a crab harvesting cooperative for a CR fishery, NMFS will convert all of a QS holder's QS holdings for that CR fishery to crab harvesting cooperative IFQ. 5. In § 680.40, paragraphs (b)(1)(ii), (b)(2)(i)(B), (b)(2)(ii)(C), (c)(2)(v)(J), (c)(4) introductory text, (h)(2)(i), (h)(2)(ii), and (h)(6)(ii) are revised to read as follows: § 680.40 Quota Share (QS), Processor QS (PQS), Individual Fishing Quota (IFQ), and Individual Processor Quota

(IPQ)issuance.

(b)* * *

(1)* * *

(ii)*Catcher Vessel Crew

(CVC)QS* shall be initially issued to qualified persons defined in paragraph (b)(3) of this section based on legal landings of unprocessed crab.

(2)* * *

(i)* * *

(B)*South QS* if the legal landings that gave rise to the QS for a crab QS fishery were not landed in the North Region, and all CVO QS allocated to the WAI crab QS fishery; or

(ii)* * *

(C)CVC QS;

(c)* * *

(2)* * *

(v)* * *

(J)The percentage calculated in paragraph (c)(2)(v)(I) of this section may be adjusted according to the provisions at paragraphs (c)(3) and (c)(4) of this section. The amount calculated in paragraph (c)(2)(v)(H) of this section is multiplied by the percentage for each region. These regional QS designations do not apply to CVC QS.

(4)*Regional designation of Western Aleutian Islands golden king crab.* Fifty percent of the CVO QS that is issued in the WAG crab QS fishery will be initially issued with a West regional designation. The West regional designation applies to QS for delivery west of 174° W. longitude. The remaining 50 percent of the CVO QS initially issued for this fishery is not subject to regional designation (Undesignated QS). A person

(p)who would receive QS based on the legal landings in only one region will receive QS with only that regional designation. A person who would receive QS with more than one regional designation for that crab QS fishery would have his or her QS holdings regionally adjusted on a pro rata basis as follows:

(h)* * *

(2)* * *

(i)QS shall yield Class A or Class B IFQ if:

(A)Initially assigned to the CVO QS sector; or

(B)Transferred to the CVO QS sector from the CPO QS sector.

(ii)The Class A/B IFQ TAC is the portion of the TAC assigned as Class A/B IFQ under paragraphs (h)(2)(i)(A) and

(B)of this section.

(6)* * *

(ii)CVC IFQ is not subject to regional designation. 6. In § 680.42, paragraph (b)(6) is revised to read as follows: § 680.42 Limitations on use of QS, PQS, IFQ, and IPQ.

(b)* * *

(6)Any person harvesting crab under a Class B IFQ, CPO IFQ, CVC IFQ, or CPC IFQ permit may deliver that crab to any RCR. [FR Doc. E8-14012 Filed 6-19-08; 8:45 am] BILLING CODE 3510-22-S 73 120 Friday, June 20, 2008 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0644; Directorate Identifier 2007-NM-321-AD] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited (Jetstream) Model 4101 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive

(AD)that applies to all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. The existing AD currently requires repetitive tests for free movement of the capsule/bearing of the nose landing gear (NLG), and related investigative and corrective actions. This proposed AD would require a modified test for free movement of the capsule/bearing of the NLG at reduced repeat intervals, and replacement of the NLG assembly with a modified assembly. This proposed AD results from additional reports of the NLG failing to extend fully on an airplane that had been inspected in accordance with AD 2004-14-07. We are proposing this AD to prevent failure of the NLG to extend fully, which could result in reduced controllability of the airplane during landing. DATES: We must receive comments on this proposed AD by July 21, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal* : Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0644; Directorate Identifier 2007-NM-321-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On June 29, 2004, we issued AD 2004-14-07, amendment 39-13716 (69 FR 41413, July 9, 2004), for all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. That AD requires a test for free movement of the capsule/bearing of the nose landing gear (NLG), and related investigative, significant, and corrective actions. That AD resulted from incidents in which the NLG did not fully extend, necessitating an emergency landing. We issued that AD to prevent failure of the NLG to extend fully, which could result in reduced controllability of the airplane during landing. Actions Since Existing AD Was Issued Since we issued AD 2004-14-07, we have received additional reports of the NLG failing to extend fully on an airplane that had been inspected in accordance with AD 2004-14-07. Initial investigations suggest that high levels of friction can develop in the upper and lower sliding bearings, causing the shortening mechanism capsule of the NLG to bind, which prevents the NLG from extending fully. The high friction is caused by dirt contamination of the grease, along with wear in the composite material bearings. The manufacturer of the NLG has developed a NLG assembly that incorporates new aluminum bearings that have improved corrosion protection, and a new lubrication fitting between the bearings that allows clean grease to be applied without the need to remove the capsule exposing it to contamination. Relevant Service Information BAE Systems (Operations) Limited has issued Service Bulletin J41-A32-082, Revision 3, dated March 30, 2007. (We referred to Revision 1, dated February 20, 2004, of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082 in AD 2004-14-07 as the applicable source of service information for doing the actions required in that AD.) The procedures described in this service bulletin are essentially the same as those described in Revision 1; however, Revision 3 also describes procedures for cleaning and re-lubricating the NLG shortening mechanism capsule. In addition, Revision 3 also specifies reporting any failures to the manufacturer. BAE Systems (Operations) Limited Service Bulletin J41-A32-082, Revision 3, refers to APPH Service Bulletin AIR83586-32-22, Revision 3, dated December 2006, as an additional source of service information for doing the actions specified in BAE Systems (Operations) Limited Service Bulletin J41-A32-082. BAE Systems (Operations) Limited has also issued Service Bulletin J41-32-084, dated November 30, 2005. The service bulletin describes procedures for installing a modified NLG assembly, which has new aluminum bearings with improved corrosion protection, and a new lubrication fitting between the bearings to allow clean grease to be applied without the need to remove the capsule. In addition, the service bulletin specifies inspecting the free movement of the NLG capsule in accordance with BAE Systems (Operations) Limited Service Bulletin J41-A32-082. BAE Systems (Operations) Limited Service Bulletin J41-32-084 refers to APPH Service Bulletin AIR83586-32-25, dated October 2005, as an additional source of service information for doing the actions specified in BAE Systems (Operations) Limited Service Bulletin J41-32-084. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, mandated the service information and issued European airworthiness directive 2006-0131, dated May 18, 2006, to ensure the continued airworthiness of these airplanes in Europe. Explanation of British Airworthiness Authority Paragraph (a)(4) of the existing AD (paragraph (f)(4) of this NPRM) specifies making repairs using a method approved by either the FAA or the Civil Aviation Authority

(CAA)(or its delegated agent). The EASA has assumed responsibility for the airplane model subject to this AD. Therefore, we have revised paragraph (f)(4) of this NPRM to specify making repairs using a method approved by the FAA, the CAA (or its delegated agent), or the EASA (or its delegated agent). FAA's Determination and Requirements of the Proposed AD These airplanes are manufactured in the United Kingdom and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, EASA has kept the FAA informed of the situation described above. We have examined EASA's findings, evaluated all pertinent information, and determined that AD action is necessary for airplanes of this type design that are certificated for operation in the United States. This proposed AD would supersede AD 2004-14-07 and would retain the requirements of the existing AD. This proposed AD would also require accomplishing the actions specified in the service information described previously. Change to Existing AD This proposed AD would retain the requirements of AD 2004-14-07. Since AD 2004-14-07 was issued, the AD format has been revised, and certain paragraphs have been rearranged. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table: Revised Paragraph Identifiers Requirement in AD 2004-14-07 Corresponding requirement in this proposed AD paragraph

(a)paragraph (f). paragraph

(b)paragraph (g). paragraph

(c)paragraph (h). paragraph

(d)paragraph

(l)Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Testing for free movement of the NLG capsule/bearing (required by AD 2004-14-07) 6 $80 $0 $480, per cleaning, lubrication, and inspection cycle 7 $3,360, per cleaning, lubrication, and inspection cycle. Cleaning, lubrication, and inspecting for free movement of the NLG capsule/bearing (new proposed action) 6 80 10 $490, per cleaning, lubrication, and inspection cycle 7 $3,430, per cleaning, lubrication, and inspection cycle NLG assembly replacement 6 80 3,100 $3,580 7 $25,060. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-13716 (69 FR 41413, July 9, 2004) and adding the following new airworthiness directive (AD): **BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Docket No. FAA-2008-0644; Directorate Identifier 2007-NM-321-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by July 21, 2008. Affected ADs

(b)This AD supersedes AD 2004-14-07. Applicability

(c)This AD applies to all BAE Systems (Operations) Limited Model Jetstream 4101 airplanes, certificated in any category. Unsafe Condition

(d)This AD results from additional reports of the NLG failing to extend fully on an airplane that had been inspected in accordance with AD 2004-14-07. We are issuing this AD to prevent failure of the NLG to extend fully, which could result in reduced controllability of the airplane during landing. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Restatement of the Requirements of AD 2004-14-07 Service Bulletin Reference and Clarifications

(f)The term “service bulletin,” as used in this AD, means BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1, dated February 20, 2004; and the Accomplishment Instructions and the flow chart provided in paragraph 1.N. of BAE Systems (Operations) Limited Service Bulletin J41-A32-082, Revision 3, dated March 30, 2007. After the effective date of this AD, only Revision 3 of the service bulletin may be used.

(1)The term “flow chart,” as used in this AD, means the flow chart following paragraph 1.M. of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1; or following paragraph 1.N. of BAE Systems (Operations) Limited Service Bulletin J41-A32-082, Revision 3.

(2)BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1, refers to APPH Service Bulletin AIR83586-32-22, Revision 1, dated February 2004, as an additional source of service information for accomplishing the actions in the BAE Systems (Operations) Limited service bulletin. BAE Systems (Operations) Limited Alert Service Bulletin J41-J32-082, Revision 3, refers to APPH Service Bulletin AIR83586-32-22, Revision 3, dated December 2006, as an additional source of service information for accomplishing the actions in the BAE Systems (Operations) Limited service bulletin.

(3)Actions accomplished before the effective date of this AD per the Accomplishment Instructions of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, dated February 11, 2004; Revision 1, dated February 20, 2004; or Revision 2, dated November 25, 2005; are considered acceptable for the corresponding actions required by this AD. (The original issue of BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082 refers to the original issue of APPH Service Bulletin AIR83586-32-22, dated February 2004, as an additional source of service information for accomplishing the actions in the BAE Systems (Operations) Limited service bulletin.)

(4)Where BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1; BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3; and APPH Service Bulletin AIR83586-32-22, Revision 1; specify to contact BAE Systems or APPH for repair instructions: Before further flight, repair per a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; the Civil Aviation Authority

(CAA)(or its delegated agent); or EASA (or its delegated agent).

(5)Where the flow chart in BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1; or BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3; specifies “flying hours,” for the purposes of this AD, this means “flight hours.”

(6)Where BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 1; or BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-082, Revision 3; specifies to complete a reporting form and return it to the manufacturer, this AD does not require that action.

(7)BAE Systems (Operations) Limited Alert Service Bulletin J41-A32-084, dated November 30, 2005, refers to APPH Service Bulletin AIR83586-32-25, dated October 2005, as an additional source of service information for accomplishing the actions in the BAE Systems (Operations) Limited service bulletin. Initial Test

(g)Within 300 flight cycles or 30 days after August 13, 2004 (the effective date of AD 2004-14-07), whichever occurs first: Perform a test for free movement of the NLG capsule/bearing, as specified in the flow chart of the service bulletin. Do all of the actions per the Accomplishment Instructions of the service bulletin. Note 1: As specified in the flow chart in the service bulletin, only the actions in paragraph 2.A. (Part 1) of the Accomplishment Instructions of APPH Service Bulletin AIR83586-32-22, Revision 1, dated February 2004, are required by paragraph

(f)of this AD. Related Investigative, Significant, and Corrective Actions

(h)Perform related investigative, significant, and corrective actions as specified in the flow chart of the service bulletin, at the compliance times specified in the flow chart of the service bulletin. Do all of the actions per the Accomplishment Instructions of the service bulletin, except as provided by paragraph (f)(4) of this AD. During any test, if the movement of the capsule/bearing is restricted, the applicable corrective actions must be accomplished before further flight. Parts Installation

(i)As of August 13, 2004, no person may install a NLG on any airplane unless it has been inspected in accordance with the requirements of paragraphs

(g)and

(h)of this AD. New Requirements of This AD Repetitive Cleanings, Lubrications, and Inspections for Free Movement of the NLG Capsule

(j)Within 400 flight hours after the effective date of this AD, or within 800 flight hours after the last test done in accordance with paragraph

(g)of this AD, whichever is later, but not exceeding 3,000 flight hours after the last test done in accordance with paragraph

(g)of this AD; and before further flight after each scheduled or unscheduled NLG replacement: Clean, lubricate, and inspect for free movement of the NLG capsule/bearing in accordance with the service bulletin.

(1)For NLG capsules that have adequate free movement: At the applicable interval specified in paragraphs (j)(1)(i) and (j)(1)(ii) of this AD, repeat the cleaning, lubrication, and inspection for free movement of the NLG capsule/bearing in accordance with the service bulletin.

(i)For airplanes on which the modification specified in BAe Systems (Operations) Limited Service Bulletin J41-A32-084 (Modification JM41670), dated November 30, 2005, has not been accomplished, repeat the actions specified in paragraph (j)(1) of this AD at intervals not to exceed 800 flight hours after the last inspection done in accordance with paragraph

(j)of this AD.

(ii)For airplanes on which the modification specified in BAe Systems (Operations) Limited Service Bulletin J41-A32-084 (Modification JM41670), dated November 30, 2005, has been accomplished, repeat the actions specified in paragraph (j)(1) of this AD at intervals not to exceed 3,000 flight hours after the last inspection done in accordance with paragraph

(j)of this AD.

(2)For NLG capsules that do not have adequate free movement: Before further flight, replace the NLG assembly with a serviceable assembly in accordance with the service bulletin. Thereafter, repeat the actions specified in paragraph

(j)of this AD at the applicable interval specified in paragraph (j)(1) of this AD. Replace the NLG Assembly With a Modified NLG Assembly

(k)Within 48 months after the effective date of this AD: Replace the NLG assembly with a modified assembly, in accordance with BAE Systems (Operations) Limited Service Bulletin J41-32-084, dated November 30, 2005. Thereafter, repeat the actions specified in paragraph

(j)of this AD at the applicable interval specified in paragraph (j)(1) of this AD. Parts Installation

(l)As of the effective date of this AD, no person may install a NLG on any airplane unless it has been inspected in accordance with paragraph

(j)of this AD. Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information

(n)European Aviation Safety Agency airworthiness directive 2006-0131, dated May 18, 2006, also addresses the subject of this AD. Issued in Renton, Washington, on June 9, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-13919 Filed 6-19-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0645; Directorate Identifier 2007-NM-358-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 707 Airplanes and Model 720 and 720B Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

(AD)for all Boeing Model 707 airplanes and Model 720 and 720B series airplanes. This proposed AD would require performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by August 4, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)917-6438; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0645; Directorate Identifier 2007-NM-358-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This report prompted us to review the service history of all Boeing airplane models, and we found instances of loose and leaking fuel line fittings. This condition, if not corrected, could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Explanation of Relevant Service Information We have reviewed Boeing Alert Service Bulletin A3527, dated November 7, 2007. The service bulletin describes procedures for performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. The other related testing includes doing a vacuum test on the applicable engine for leakage if an engine's N1, N2, or fuel- flow parameters deteriorate during the test. If any leakage is found in the couplings, the o-rings should be replaced; if any leakage is found in the fuel line, the fuel line should be replaced. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Costs of Compliance We estimate that this proposed AD would affect 21 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $1,680, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0645; Directorate Identifier 2007-NM-358-AD. Comments Due Date

(a)We must receive comments by August 4, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to all Boeing Model 707-100 long body, -200, -100B long body, and -100B short body series airplanes; and Model 707-300, -300B, -300C, and -400 series airplanes; and Model 720 and 720B series airplanes; certificated in any category. Unsafe Condition

(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance

(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Specified Actions

(f)Within 18 months after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin A3527, dated November 7, 2007. Repeat the operational test thereafter at intervals not to exceed 6,000 flight hours. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)917-6438; fax

(425)917-6590, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Issued in Renton, Washington on June 9, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-13925 Filed 6-19-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0646; Directorate Identifier 2007-NM-359-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 727 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

(AD)for certain Boeing Model 727 airplanes. This proposed AD would require performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by August 4, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6438; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0646; Directorate Identifier 2007-NM-359-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This report prompted us to review the service history of all Boeing airplane models, and we found instances of loose and leaking fuel line fittings. This condition, if not corrected, could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Explanation of Relevant Service Information We have reviewed Boeing Service Bulletin 727-28-80, dated June 21, 1985. The service bulletin describes procedures for performing an operational test of the engine fuel suction feed of the fuel system, and other related testing if necessary. The other related testing includes doing a vacuum test on the applicable engine for leakage if an engine's N1, N2, or fuel-flow parameters deteriorate during the test. If any leakage is found the corrective actions include inspecting and repairing or replacing any leaking Gamah fittings with new fittings, and inspecting and repairing any major welded tube assemblies that are leaking. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between the Proposed AD and Service Information.” Differences Between the Proposed AD and Service Information The service bulletin recommends accomplishing the initial operational test “at the next regularly scheduled C-check following accumulation of 20,000 total flight hours or seven years age,” we have determined that this imprecise compliance time would not address the identified unsafe condition in a timely manner. In developing an appropriate compliance time for this AD, we considered not only the manufacturer's recommendation, but the degree of urgency associated with addressing the subject unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the modifications. In light of all of these factors, we find a compliance time of 7,000 flight hours for completing the required actions to be warranted, in that it represents an appropriate interval of time for affected airplanes to continue to operate without compromising safety. This difference has been coordinated with Boeing. Part II of the Accomplishment Instructions of the service bulletin specifies that operators may accomplish the other specified actions (a vacuum test of the fuel feed system) using an operator's equivalent procedure (with substitute test equipment). However, this proposed AD would require operators to accomplish the actions using the procedures specified in Figure 4 of the service bulletin. An “operator's equivalent procedure” may be used only if approved as an alternative method of compliance according to paragraph

(h)of this AD. Costs of Compliance We estimate that this proposed AD would affect 709 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $56,720, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0646; Directorate Identifier 2007-NM-359-AD. Comments Due Date

(a)We must receive comments by August 4, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to Boeing Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F series airplanes, certificated in any category. Unsafe Condition

(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Specified Actions

(f)Within 7,000 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-28-80, dated June 21, 1985. Repeat the operational test thereafter at intervals not to exceed 7,000 flight hours. Operator's Equivalent Procedure

(g)If any discrepancy is found, and Boeing Service Bulletin 727-28-80, dated June 21, 1985, specifies that certain actions (i.e., a vacuum test of the fuel feed system) may be accomplished using an operator's “equivalent procedure” (with substitute test equipment): The actions must be accomplished in accordance with Figure 4 of the service bulletin. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6438; fax

(425)917-6590, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Issued in Renton, Washington, on June 9, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-13920 Filed 6-19-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0643; Directorate Identifier 2008-NM-094-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 and 440) Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

(AD)for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank safety standards * * *. [A]ssessment showed that supplemental maintenance tasks [for certain bonding jumpers, wiring harnesses, and hydraulic systems, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by July 21, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*

(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone

(516)228-7331; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0643; Directorate Identifier 2008-NM-094-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On February 28, 2008, we issued AD 2008-06-02, Amendment 39-15414 (73 FR 13100, March 12, 2008). That AD required actions intended to address an unsafe condition on the products listed above. Since we issued AD 2008-06-02, we have determined that, for certain airplanes, the initial compliance times for doing the tasks specified in paragraph (f)(1) of that AD must be reduced. AD 2008-06-02 resulted from Canadian Airworthiness Directive CF-2007-29, dated November 22, 2007 (referred to after this as “the MCAI”). The MCAI does not provide an initial compliance time for doing the tasks for certain airplanes. In AD 2008-06-02, for those airplanes, we required an initial compliance time that started from the effective date of the AD, or the date of issuance of the original Canadian standard airworthiness certificate or the date of issuance of the original Canadian export certificate of airworthiness, whichever occurs later. Although the initial compliance time for doing the tasks is unstated in the MCAI, we have determined that the intent of the MCAI is for the initial compliance time to start from the initial delivery date of the airplane in order to address the identified unsafe condition in a timely manner. This proposed AD would require reduced thresholds for the initial compliance times for the airplanes and tasks that are not identified in paragraphs (f)(2), (f)(3), and (f)(4) of AD 2008-06-02. You may obtain further information by examining the MCAI in the AD docket. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 689 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $55,120, or $80 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-15414 (73 FR 13100, March 12, 2008) and adding the following new AD: **Bombardier, Inc. (Formerly Canadair):** Docket No. FAA-2008-0643; Directorate Identifier 2008-NM-094-AD. Comments Due Date

(a)We must receive comments by July 21, 2008. Affected ADs

(b)The proposed AD supersedes AD 2008-06-02, Amendment 39-15414. Applicability

(c)This AD applies to all Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category, all serial numbers. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (h)(1) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject

(d)Air Transport Association

(ATA)of America Code 28: Fuel. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: Bombardier Aerospace has completed a system safety review of the aircraft fuel system against fuel tank standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment

(NPA)2002-043. The identified non-compliances were then assessed using Transport Canada Policy Letter No. 525-001, to determine if mandatory corrective action is required. The assessment showed that supplemental maintenance tasks [for certain bonding jumpers, wiring harnesses, and hydraulic systems, among other items] are required to prevent potential ignition sources inside the fuel system, which could result in a fuel tank explosion. Revision has been made to Canadair Regional Jet Model CL-600-2B19 Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations” to introduce the required maintenance tasks. The corrective action is revising the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Restatement of Certain Requirements of AD 2008-06-02

(f)Unless already done, do the following actions.

(1)Within 60 days after April 16, 2008 (the effective date of AD 2008-06-02), revise the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate the inspection and maintenance requirements, as applicable, in Canadair Regional Jet Model CL-600-2B19 Airworthiness Requirements in the Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations,” Revision 7, dated May 10, 2007 (“the MRM”), task numbers 28-11-00-601, 28-11-00-602, 28-11-00-603, 28-11-00-604, 29-33-01-601, and 29-33-01-602. Except as required by paragraph (g)(1) of this AD, for those task numbers, the initial compliance times start at the applicable time specified in paragraphs (f)(2), (f)(3), and (f)(4) of this AD, and the repetitive inspections must be accomplished thereafter at the interval specified in the MRM, except as provided by paragraphs (f)(5) and (h)(1) of this AD. Accomplishing the revision in accordance with a later revision of the MRM is an acceptable method of compliance if the revision is approved by the Manager, New York Aircraft Certification Office (ACO), FAA), or Transport Canada Civil Aviation

(TCCA)(or its delegated agent).

(2)For airplanes having more than 15,000 flight hours as of April 16, 2008, the initial compliance time for Tasks 28-11-00-601, 28-11-00-602, 28-11-00-603, and 28-11-00-604 is within 5,000 flight hours after April 16, 2008. Thereafter, these tasks must be accomplished within the repetitive interval specified in Canadair Regional Jet Model CL-600-2B19, Airworthiness Requirements in the Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations,” Revision 7, dated May 10, 2007.

(3)For Task 29-33-01-601, the initial compliance time is within 5,000 flight hours after April 16, 2008. Thereafter, task 29-33-01-601 must be accomplished within the repetitive interval specified in Canadair Regional Jet Model CL-600-2B19, Airworthiness Requirements in the Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations,” Revision 7, dated May 10, 2007.

(4)For airplanes having more than 27,500 flight hours as of April 16, 2008, the initial compliance time for Task 29-33-01-602 is within 2,500 flight hours after April 16, 2008. Thereafter, this task must be accomplished within the repetitive interval specified in Canadair Regional Jet Model CL-600-2B19, Airworthiness Requirements in the Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations,” Revision 7, dated May 10, 2007.

(5)After accomplishing the actions specified in paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) of this AD, no alternative inspections/limitation tasks or inspection/limitation task intervals may be used unless the inspections/limitation tasks or inspection/limitation task intervals are part of a later approved revision of Canadair Regional Jet Model CL-600-2B19, Airworthiness Requirements in the Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations,” Revision 7, dated May 10, 2007, that is approved by the Manager, New York ACO, FAA, or TCCA (or its delegated agent); or unless the inspection/limitation task or inspection/limitation task interval is approved as an alternative method of compliance

(AMOC)in accordance with the procedures specified in paragraph (h)(1) of this AD. New Requirements of This AD: Actions and Compliance

(g)Unless already done, do the following actions.

(1)At the times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD, as applicable, do the initial inspection for Tasks 28-11-00-601, 28-11-00-602, 28-11-00-603, 28-11-00-604, and 29-33-01-602, as applicable, in the MRM, and thereafter repeat the inspection at the applicable interval specified in the MRM, except as provided by (g)(2) of this AD.

(i)For airplanes not identified in paragraph (f)(2) of this AD, the initial compliance time for Tasks 28-11-00-601, 28-11-00-602, 28-11-00-603, and 28-11-00-604 is before the accumulation of 20,000 total flight hours, or within 5,000 flight hours after the effective date of this AD, whichever occurs later.

(ii)For airplanes not identified in paragraph (f)(4) of this AD, the initial compliance time for Task 29-33-01-602 is before the accumulation of 30,000 total flight hours, or within 2,500 flight hours after the effective date of this AD, whichever occurs later.

(2)After accomplishing the actions specified in paragraphs (g)(1)of this AD, no alternative inspections/limitation tasks or inspection/limitation task intervals may be used unless the inspections/limitation tasks or inspection/limitation task intervals are part of a later approved revision of Canadair Regional Jet Model CL-600-2B19, Airworthiness Requirements in the Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations,” Revision 7, dated May 10, 2007, that is approved by the Manager, New York ACO, FAA, or TCCA (or its delegated agent); or unless the inspection/limitation task or inspection/limitation task interval is approved as an alternative method of compliance

(AMOC)in accordance with the procedures specified in paragraph (h)(1) of this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

(h)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone

(516)228-7331; fax

(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(i)Refer to MCAI Canadian Airworthiness Directive CF-2007-29, dated November 22, 2007, and Canadair Regional Jet Model CL-600-2B19, Airworthiness Requirements in the Maintenance Requirements Manual, CSP A-053, Part 2, Appendix D, “Fuel System Limitations,” Revision 7, dated May 10, 2007; for related information. Issued in Renton, Washington, on June 10, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-13922 Filed 6-19-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0642; Directorate Identifier 2008-NM-039-AD] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive

(AD)that applies to all EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The existing AD currently requires replacing the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with non-conductive hoses. This proposed AD would add airplanes to the applicability of the existing AD. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0642; Directorate Identifier 2008-NM-039-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On June 1, 2007, we issued AD 2007-12-17, amendment 39-15095 (72 FR 32780, June 14, 2007), for certain EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That AD requires replacing the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with non-conductive hoses. That AD resulted from fuel system reviews conducted by the manufacturer. We issued that AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane. Actions Since Existing AD Was Issued Since we issued AD 2007-12-17, we have been notified by the airplane manufacturer that additional airplanes are also subject to the unsafe condition identified in the existing AD. Relevant Service Information EMBRAER has issued Service Bulletin 145-28-0023, Revision 11, dated December 4, 2007. The procedures specified in Revision 11 of the service bulletin are essentially the same as those described in EMBRAER Service Bulletin 145-28-0023, Revision 07, dated February 7, 2007. We referred to Revision 07 of the service bulletin in AD 2007-12-17 as the appropriate source of service information for actions required in that AD for certain airplanes. However, Revision 11 of the service bulletin includes airplanes that are not identified in Revision 07. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. U.S. Type Certification of the Airplane These airplane models are manufactured in Brazil and are type-certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. This proposed AD would supersede AD 2007-12-17 and would retain the requirements of the existing AD. This proposed AD would also add airplanes to the applicability of the existing AD. Differences Between the Proposed AD and Service Information This proposed AD is applicable to all EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The EMBRAER service bulletins were revised to add airplanes to the effectivities of those documents, but they do not apply to all airplanes. We have coordinated this difference with both EMBRAER and the Agência Nacional de Aviaço Civil (ANAC). It should be noted that ANAC is not issuing a parallel airworthiness directive because they have previously issued Brazilian airworthiness directive 2006-06-02, effective June 28, 2006, addressing the identified unsafe condition; that airworthiness directive is applicable to “all EMBRAER EMB-145( ) and EMB-135( ) aircraft models in operation.” Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. The average labor rate is $80 per work hour. Estimated Costs Action Work hours Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Tube replacement (required by AD 2007-12-17) 1 $1,121 (for Model EMB-135BJ airplanes) $1,201 30 $36,030 1 $1,788 (for remaining airplanes) 1,868 593 1,107,724 Tube replacement for additional airplanes 1 $1,121 (for Model EMB-135BJ airplanes) 1,201 11 13,211 1 $1,788 (for remaining additional airplanes) 1,868 75 140,100 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-15095 (72 FR 32780, June 14, 2007) and adding the following new airworthiness directive (AD): **Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Docket No. FAA-2008-0642; Directorate Identifier 2008-NM-039-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by July 21, 2008. Affected ADs

(b)This AD supersedes AD 2007-12-17. Applicability

(c)This AD applies to all EMBRAER Model EMB-135ER, -135KE, -135KL, -135LR, and -135BJ airplanes; and all Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated in any category. Unsafe Condition

(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an ignition source inside the fuel tank that could ignite fuel vapor and cause a fuel tank explosion and loss of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 2007-12-17 Including Additional Airplanes Tube Replacement

(f)For airplanes identified in the applicable service bulletins specified in paragraphs (f)(1) and (f)(2) of this AD: Within 5,000 flight hours or 48 months after July 19, 2007 (the effective date of AD 2007-12-17), whichever occurs first, replace the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with new, improved, non-conductive hoses, in accordance with the Accomplishment Instructions of the service bulletins specified in paragraph (f)(1) or (f)(2) of this AD, as applicable.

(1)For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service Bulletin 145-28-0023, Revision 07, dated February 7, 2007.

(2)For Model EMB-135BJ airplanes: EMBRAER Service Bulletin 145LEG-28-0018, Revision 01, dated April 20, 2005.

(g)For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes that are not identified in paragraph (f)(1) of this AD: Within 5,000 flight hours or 48 months after the effective date of this AD, whichever occurs first, replace the metallic tubes enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with new, improved, non-conductive hoses; in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0023, Revision 11, dated December 4, 2007. Credit for Actions Done Using Previous Service Information

(h)Actions accomplished before the effective date of this AD in accordance with the service information specified in Table 1 of this AD are considered acceptable for compliance with the corresponding actions of this AD. Table 1.—Acceptable EMBRAER Service Information EMBRAER Service Bulletin Revision level Date 145-28-0023 Original April 19, 2004. 145-28-0023 01 June 9, 2004. 145-28-0023 02 November 8, 2004. 145-28-0023 03 April 27, 2005. 145-28-0023 04 November 7, 2005. 145-28-0023 05 May 15, 2006. 145-28-0023 06 October 31, 2006. 145-28-0023 07 February 7, 2007. 145-28-0023 08 May 25, 2007. 145-28-0023 09 July 30, 2007. 145-28-0023 10 October 28, 2007. 145LEG-28-0018 Original April 23, 2004. Compliance (AMOCs) (i)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information

(j)None. Issued in Renton, Washington, on June 6, 2008. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-13923 Filed 6-19-08; 8:45 am] BILLING CODE 4910-13-P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket Number: SSA-2008-0031] RIN 0960-AG68 Technical Amendments to Definition of Persons Closely Approaching Retirement Age AGENCY: Social Security Administration. ACTION: Notice of proposed rulemaking. SUMMARY: We propose to modify our rules on age used in determining disability under titles II and XVI of the Social Security Act (“The Act”) to revise the definition of persons “closely approaching retirement age” from “60-64” to “60 or older.” The purpose of these changes is to acknowledge that we make disability determinations for individuals over age 64. These proposed changes are technical corrections that would help to explain how we currently determine disability for such individuals and would not have any substantive effect. DATES: To ensure that we consider your comments, we must receive them no later than August 19, 2008. ADDRESSES: You may submit comments by any one of four methods—Internet, facsimile, regular mail, or hand-delivery. Commenters should not submit the same comments multiple times or by more than one method. Regardless of which of the following methods you choose, please state that your comments refer to Docket No. SSA-2008-0031 to ensure that we can associate your comments with the correct regulation: 1. Federal eRulemaking portal at *http://www.regulations.gov.* (This is the most expedient method for submitting your comments and we strongly urge you to use it.) In the “Comment or Submission” section of the webpage, type “SSA-2008-0031,” select “Go,” and then click “Send a Comment or Submission.” The Federal eRulemaking portal will issue you a tracking number when you submit a comment. 2. Telefax to

(410)966-2830. 3. Letter to the Commissioner of Social Security, P.O. Box 17703, Baltimore, MD 21235-7703. 4. Deliver your comments to the Office of Regulations, Social Security Administration, 922 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, between 8 a.m. and 4:30 p.m. on regular business days. All comments are posted on the Federal eRulemaking portal, although they may not appear for several days after receipt of the comment. You may also inspect the comments on regular business days by arranging with the contact person shown in this preamble. *Caution:* All comments we receive from members of the public are available for public viewing on the Federal eRulemaking portal at *http://www.regulations.gov.* You should be careful to include in your comments only information that you wish to make publicly available on the Internet. We strongly urge you not to include any personal information, such as your Social Security number or medical information, in your comments. FOR FURTHER INFORMATION CONTACT: Helen Droddy, Regulations Analyst, 934 Altmeyer Building, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401,

(410)965-1483, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* Change to Definition of Persons “Closely Approaching Retirement Age” In an effort to keep our regulations current, we regularly review our regulations to eliminate or modify any rules affected by legal or policy changes. Our current rules define individuals “closely approaching retirement age” as those who are “age 60-64.” 20 CFR 404.1563(e) (2007); 20 CFR 416.963(e) (2007). An individual can establish entitlement to benefits based on disability or blindness until the month in which he or she attains full retirement age under title II. When we first published these rules, we did not make disability determinations for individuals who were over 64 years of age because age 65 was full retirement age under title II. In 1983, Congress legislated a gradual increase in “full retirement age” (“FRA”) from 65 to 67. As a result, we are now processing disability claims for individuals who are over age 64. Under title XVI, we sometimes must determine whether individuals age 65 or older are disabled in order to determine, among other things, benefit eligibility of “qualified” aliens, eligibility for certain State supplements, the applicability of work incentive provisions, or the appropriate evaluation of income and resources. Currently, when we determine whether such individuals are disabled, we generally use the same rules as we do for individuals who are age 60-64. We propose to modify our rules at §§ 404.1563(e); 404.1568(d)(4); 416.963(e); 416.968(d)(4); and part 404, subpart P, appendix 2, §§ 202.00(f), and 203.00(c) to include individuals over age 64 in the subcategory of those “closely approaching retirement age” for benefits based on disability under titles II and XVI of the Act. This modification would make the definition consistent with our definition of FRA and acknowledge that we make disability determinations for individuals over age 64 under title XVI. The proposed changes are technical corrections and would not have any substantive effect. In 2005, we published an NPRM that would have redefined all of the age categories. However, this NPRM does not incorporate the changes suggested in the 2005 NPRM nor modify our existing policy in any manner. Clarity of These Proposed Rules Executive Order (“E.O.”) 12866, as amended, requires each agency to write all rules in plain language. In addition to your substantive comments on these proposed rules, we invite your comments on how to make them easier to understand. For example: • Would more (but shorter) sections be better? • Are the requirements in the rules clearly stated? • Have we organized the material to suit your needs? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rules easier to understand? • Do the rules contain technical language or jargon that is not clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rules easier to understand? When Will We Start To Use These Rules? We will not use these rules until we evaluate the public comments we receive on them, determine whether they should be issued as final rules, and issue final rules in the **Federal Register** . If we publish final rules, we will explain in the preamble how we will apply them, and summarize and respond to the public comments. Until the effective date of any final rules, we will continue to use our current rules. Regulatory Procedures Executive Order 12866, as Amended We have consulted with the Office of Management and Budget (“OMB”) and determined that these proposed rules do not meet the criteria for a significant regulatory action under Executive Order 12866, as amended. Thus, they are not subject to OMB review. Regulatory Flexibility Act We certify that these final rules will not have a significant economic impact on a substantial number of small entities as they affect individuals only. Therefore, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act These regulations impose no reporting or recordkeeping requirements subject to OMB clearance. (Catalog of Federal Domestic Assistance Program Nos. 96.001 Social Security—Disability Insurance; 96.006 Supplemental Security Income.) List of Subjects 20 CFR Part 404 Administrative practice and procedure; Blind; Disability benefits; Old-Age, Survivors, and Disability Insurance; Reporting and recordkeeping requirements; Social security. 20 CFR Part 416 Administrative practice and procedure; Aged: Blind; Disability benefits; Public assistance programs; Reporting and recordkeeping requirements; Supplemental Security Income (SSI). Dated: June 12, 2008. Michael J. Astrue, Commissioner of Social Security. For the reasons set out in the preamble, we propose to amend 20 CFR parts 404 and 416 as follows: PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950—) Subpart P—[Amended] 1. The authority citation for subpart P of part 404 continues to read as follows: Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), 221(a) and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note). 2. Amend § 404.1563 to revise paragraph

(e)to read as follows: § 404.1563 Your age as a vocational factor.

(e)*Person of advanced age.* We consider that at advanced age (age 55 or older), age significantly affects a person's ability to adjust to other work. We have special rules for persons of advanced age and for persons in this category who are closely approaching retirement age (age 60 or older). See § 404.1568(d)(4). 3. Amend § 404.1568 to revise the fifth sentence of paragraph (d)(4) to read as follows: § 404.1568 Skill requirements.

(d)*Skills that can be used in other work (transferability).* * * *

(f)to read as follows: b. In section 203.00, revise the third sentence of paragraph

(c)to read as follows: Appendix 2 to Subpart P of Part 404—Medical-Vocational Guidelines 202.00 *Maximum sustained work capability limited to light work as a result of severe medically determinable impairment(s).*

(f)For a finding of transferability of skills to light work for individuals of advanced age who are closely approaching retirement age (age 60 or older), there must be very little, if any, vocational adjustment required in terms of tools, work processes, work settings, or the industry. 203.00 *Maximum sustained work capability limited to medium work as a result of severe medically determinable impairment(s).*

(c)* * * Further, for individuals closely approaching retirement age (60 or older) with a work history of unskilled work and with marginal education or less, a finding of disabled is appropriate. PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart I—[Amended] 5. The authority citation for subpart I of part 416 continues to read as follows: Authority: Secs. 221(m), 702 (a)(5), 1611, 1614, 1619, 1631(a), (c), and (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C. 421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), and (d)(1), and (p), and 1383(b); secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L. 98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 note, and 1382h note). 6. Amend § 416.963 to revise paragraph

(e)to read as follows: § 416.963 Your age as a vocational factor.

(e)*Person of advanced age.* We consider that at advanced age (age 55 or older), age significantly affects a person's ability to adjust to other work. We have special rules for persons of advanced age and for persons in this category who are closely approaching retirement age (age 60 or older). See § 416.968(d)(4). 7. Amend § 416.968 to revise the fifth sentence of paragraph (d)(4) to read as follows: § 416.968 Skill requirements.

(d)*Skills that can be used in other work (transferability).* * * *

(4)*Transferability of skills for individuals of advanced age.* * * * If you are *closely approaching retirement age* (age 60 or older) and you have a severe impairment(s) that limits you to no more than *light* work, we will find that you have skills that are transferable to skilled or semiskilled light work only if the light work is so similar to your previous work that you would need to make very little, if any, vocational adjustment in terms of tools, work processes, work settings, or the industry. * * * [FR Doc. E8-13789 Filed 6-19-08; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF LABOR Employees Compensation Appeals Board 20 CFR Part 501 RIN 1290-AA22 Rules of Procedure AGENCY: Employees' Compensation Appeals Board, Department of Labor. ACTION: Notice of Proposed Rulemaking (NPRM); Request for Comments. SUMMARY: The Department of Labor (DOL or Department) is issuing this Notice of Proposed Rulemaking

(NPRM)to update the regulations providing for appeals before the Employees' Compensation Appeals Board (Board). The Board has jurisdiction over appeals arising under the Federal Employees' Compensation Act (FECA). 5 U.S.C. 8149. Over the forty-six years since the last major revisions to the Board's procedural regulations, several aspects of the current rules have become outdated by case law precedent or technological advances. These proposed revisions will provide updated rules and guidance to all federal employees who seek to appeal from the decisions of the Office of Workers' Compensation Programs

(OWCP)under FECA. DATES: The Department invites interested persons to submit comments on this proposed rule. To ensure consideration, comments must be in writing and must be received on or before August 19, 2008. ADDRESSES: You may submit comments, identified by Regulatory Identification Number

(RIN)1290-AA22, by either one of the two following methods: • *Federal e-Rulemaking Portal: http://www.regulations.gov.* Follow the Web site instructions for submitting comments. • *Mail/Hand Delivery/Courier:* Written comments, disk and CD-Rom submissions may be mailed or delivered by hand delivery/courier to Alec J. Koromilas, Chairman and Chief Judge, Employees' Compensation Appeals Board, via the Office of the Clerk of the Appellate Boards, 200 Constitution Avenue, NW., Washington, DC 20210. The Office of the Clerk is open during business hours on all days except Saturdays, Sundays and Federal Holidays, from 8:30 a.m. to 5 p.m., Eastern Time. Additional information on submitting and reviewing comments is found in Section IV. FOR FURTHER INFORMATION CONTACT: Alec J. Koromilas, Chairman and Chief Judge, Employees' Compensation Appeals Board, 200 Constitution Avenue, NW., Room S-5220, Washington, DC, 20210; E-mail *contact-oas@dol.gov* ; Telephone

(202)693-6406 (VOICE) (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: This preamble is divided into four sections. Section I provides general background information on the development of the proposed revisions to 20 CFR part 501. Section II is a section-by-section analysis of the proposed regulatory text. Section III covers the administrative requirements for this proposed rulemaking. Section IV provides additional information and instructions to those wishing to comment on the rule. I. Background The Employees' Compensation Appeals Board was created by the Reorganization Plan No. 2 of 1946 and transferred to the Department of Labor in 1950 by Reorganization Plan No. 19 of 1950. *See* 5 U.S.C. 8145 notes. Under the Federal Employees' Compensation Act, the Secretary of Labor must provide for an Employees' Compensation Appeals Board “* * * with the authority to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of employees.” 5 U.S.C. 8149. It has been forty-six years since the last major revisions to the Board's procedural regulations, and the Department has not revised the Part 501 rule at all since 1988. *See* 53 Fed. Reg. 49491 (December 7, 1988). Since these last amendments, administrative procedures have been updated by Board case law and practice. This proposed rule incorporates and codifies current Board operating procedures to provide more thorough and accurate rules and guidance to Appellants and the Representatives who come before the Board. In addition, the proposed rule includes three major revisions: amending the time provided for appeal, the procedures regarding requests for oral argument and attorney fees. First, the proposed regulations provide all Appellants 180 days in which to file an appeal of a decision issued by OWCP. This is a change from the current regulations, which require an appeal to be filed within 90 days of the issuance of an OWCP decision for U.S. and Canadian residents, and 180 days for those residing outside the U.S. and Canada. Current regulations also permit the Board to waive the 90-day or 180-day requirement and allow an appeal to be filed within one year of the date of the OWCP decision, “for good cause shown,” without defining or describing what constitutes “good cause.” The proposed regulations establish a uniform appeal time, but give the Board discretion to increase the timeframe for any Appellant who demonstrates compelling circumstances. Given a claimant's ability to request reconsideration before the OWCP, and because the Board's review of the case is limited to the evidence before the OWCP at the time of the decision under review, the Board believes that allowing a uniform 180 days for the filing of an appeal (with the discretion to extend the 180 days for an Appellant who demonstrates compelling circumstances) provides sufficient time for an Appellant to achieve review of a decision by the Director. Second, the proposed regulations provide for oral argument at the discretion of the Board on its own, or in response to a written request made within 60 days of the filing of the appeal that establishes the need for oral argument. This is a change from the current regulations that provide Appellants with a right to an oral argument before the Board. Although oral argument can be beneficial in the context of novel issues presented by the appeal, or in other contexts such as resolving a perceived conflict between Board decisions on similar issues, there are other situations in which oral argument is unlikely to add to the record before the Board and therefore the Board is proposing to make the granting of oral argument a matter within the Board's discretion. Finally, an explicit articulation of the requirement for requesting consideration and approval by the Board of any proposed fees for work before the Board is provided in this revision. In drafting the proposed regulations, the Board has anticipated that technological advances may, in the future, allow the filing, notice, service and presentation of documents and argument by electronic means. These proposed regulations in no way limit the Board's discretion in utilizing technological advances. II. Summary and Discussion of Regulatory Provisions: Rules of Procedure Section 501.1 Definitions In this subsection, the Board has amended and added certain defined terms. In paragraph (a), “FECA” replaces “Act” to more clearly reference the Federal Employees' Compensation Act. A definition of the Chief Judge and Chairman of the Board is provided for the first time in (c), as is the definition of other Board members and their roles in a new (d). In paragraph (e), “OWCP” has been substituted for “Office” to more clearly reference the Office of Workers' Compensation Programs. As proceedings before the Board are non-adversarial, references to “party” have been removed from section 501.1 and throughout the rule. In place of the term “party,” this section contains new paragraphs (f), (g), and

(h)for the terms “Director,” “Appellant” and “Representative.” The definition of “counsel” under the former paragraph

(f)is incorporated into the definition of “Representative” in the new paragraph (h). These terms also are used throughout the proposed regulations. The definition of “Director” in paragraph

(f)deletes references to the Canal Zone and Panama Canal Company as those entities ceased to operate following the October 1, 1979 enactment of the Panama Canal Act of 1979. Workers hired after that date are covered under the social security system of the Republic of Panama. Workers hired before that date or who are U.S. citizens continue to be covered under FECA. *See* Exec. Order 12,652, 53 FR 36775 (Sept. 19, 1988). Paragraph

(f)recognizes that the Director may delegate his or her authority. Finally, paragraph

(f)states that the Director is represented before the Board by an attorney designated by the Solicitor of Labor. New subsection

(i)defines the term “Decision.” Paragraph

(j)defines the term “Clerk or Office of the Clerk.” Section 501.2 Scope and Applicability of Rules; Compensation and Jurisdiction of the Board In paragraph (b), clarification is provided regarding the appointment of three permanent judges and other alternate judges by the Secretary of Labor. The Board has used alternate judges (formerly “members”) since at least 1950; the Board's use of alternate judges was approved in *Norred* v. *Brock,* Civ. A. No. 86-887 SSH, 1987 WL 18742 (D.D.C., October 7, 1987). In addition, a sentence is added to reflect that the Board's functions are quasi-judicial in nature, because the Board inherited the quasi-judicial functions of the Employees' Compensation Commission when the Board was established in 1946. *See Clinton K. Yingling,* 4 ECAB 529, 533-537 (1952). Paragraph

(c)provides that the Board's jurisdiction on appeal extends only to the record considered by OWCP. During the pendency of an appeal, Appellants often submit new evidence to the Board that cannot be considered, or Appellants simultaneously seek an appeal and a request for reconsideration before OWCP with the submission of new evidence. The Board clarifies its procedure in subsection (c). Subsection (c)(i) articulates that any evidence not previously considered by OWCP will not be considered by the Board on appeal; (c)(ii) states that there is no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency of a case (an example of an interlocutory matter is a remand by an OWCP Hearing Representative to the district office for further development); and (c)(iii) codifies Board practice that once an appeal is docketed by the Board, OWCP cannot retain jurisdiction to consider a simultaneous request for reconsideration or hearing on the same issue until after the Board relinquishes jurisdiction. Section 501.3 Notice of Appeal In this section, the Board clarifies the elements of a Notice of Appeal. Paragraphs

(a)and

(b)contain essentially the same language as the current regulation regarding who may file an appeal and where an appeal is to be filed. Subsections (c)(i)-(v) expand upon the elements that must be contained in an Appeal Notice. Additional requirements of providing the date of the appeal, the phone numbers of the Appellant and any duly appointed Representative, a signed authorization for that Representative, and the Appellant's signature on the notice of appeal have been added. These items are intended to increase the Clerk's ability to timely contact Appellant or his or her Representative during the pendency of the appeal, and to verify the Representative named in the appeal. The addition of this data achieves consistency with the information requested through the optional use of the Form AB-1, which may be used but is not required. Paragraph

(d)incorporates case law for the circumstances that allow substitution for a deceased Appellant. When an employee properly files an appeal before the Board but then dies prior to the Board's disposition of the appeal, the appeal may proceed to adjudication only if there is a substitution of a proper appellant. The request must be made by motion, providing documentation of the death and requesting a determination as to whether a substitution of an appropriate party in interest has been proposed. *See John J. Cremo* , 38 ECAB 153, 155-156 (1986). The proposed paragraph

(e)provides 180 days for the filing of all appeals, regardless of where the Appellant lives. Currently, the rule provides 90 days for persons living in the United States or Canada and 180 days for persons living outside the United States or Canada. As discussed above, the Board believes 180 days is a sufficient amount of time for a claimant to appeal an adverse decision, given a claimant's ability to request reconsideration before the OWCP, and because the Board's review of the case is limited to the evidence before the OWCP at the time of the decision under review. Additionally, paragraph

(e)states that should compelling circumstances prevent an Appellant from meeting this 180-day limitation, the Board has retained discretion to extend this time period, but only on specific application to the Board. As paragraph

(e)states, “compelling circumstances” are “circumstances beyond the Appellant's control” and do not include “delay caused by failure of an individual to exercises due diligence in submitting a notice of appeal.” The Board has adopted a new term, “compelling circumstances,” in place of “good cause,” for the standard describing its discretion in accepting an appeal filed after the 180 days. The phrase “compelling circumstances” has been substituted in the proposed rule to insure that an objective standard for accepting an appeal after 180 days is being uniformly followed. The standard of “good cause” which appears in the current regulations concerning time limits for appeals was not being enforced in practice. For example, “compelling circumstances” could include a medical condition that renders the Appellant incompetent or military service in a war zone. The Board will, in its discretion, consider any such request on a case-by-case basis. Date of filing requirements have been moved from Section 501.3(d)(3) to paragraph

(f)and include more extensive discussion of these requirements to assist Appellants. The new language in (f)(i) replaces language currently found in 501.10(c) by acknowledging that commercial delivery services may be used by Appellants in place of the U.S. Mail Service, but only the date of receipt by the Clerk will then be used to determine timeliness. If, however, the U.S. Mail Service is used, the Board will continue to look to the date of mailing to establish timeliness if the date of receipt by the Clerk would make the appeal untimely. Subsection (f)(ii) contains provisions in current section 501.10(d)(1) and also incorporates case law and current Board practice that the determination of timeliness of the appeal starts the day after the date of the OWCP decision. *See Angel M. Labron, Jr.* , 51 ECAB 488 (2000), *citing to John B. Montoya* , 43 ECAB 1148 (1992), *citing to Marguerite J. Dvorak* , 33 ECAB 1682 (1982). While section 501.3(f)(ii) only addresses timelines with respect to filing dates, the Board will consistently apply this section's method of computing time for all actions in the unlikely event that time computation becomes an issue for another action under this Part. The provisions for the filing of pleadings currently found in section 501.3(e) are moved in the proposed regulation to section 501.4(c) and (d). The term “pleadings” is broadly construed to include all written communications from an Appellant or Representative to the Board, including briefs, statements of law, memoranda in justification, motions, and the optional form AB-1. Proposed paragraph

(g)clarifies that if an appeal is filed more than 180 days from the date of the OWCP decision without a successful request to extend time due to compelling circumstances, the appeal will be dismissed and there will be no further review of the OWCP decision. Proposed paragraph

(h)discusses the procedures used by the Clerk upon receipt of an incomplete appeal, currently found at the end of section 501.3(c). The proposed paragraph

(h)specifies that it is the Clerk who will specify a reasonable time for Appellant to submit all required information missing from the appeal. Additionally, paragraph

(h)states that if the needed information is not received in the time specified, the appeal will be dismissed. Section 501.4 Case Record; Inspection; Submission of Pleadings and Motions The current regulations regarding service of an appeal on OWCP and transmission of the OWCP record to ECAB, now at 501.4(a) and (b), are essentially restated in the proposed 501.4(a), except for the reference to the Solicitor of Labor acting as a conduit for transmission of the OWCP records from OWCP to the Board. The Office of the Solicitor's role as Representative of OWCP is now referenced in section 501.1(f)'s definition of the Director. Paragraph

(b)describes the different options available to an Appellant who wishes to inspect, or receive a copy of, the OWCP record that is on appeal to the Board. This paragraph incorporates many of the provisions regarding inspection of the ECAB docket and record that are currently found in Section 501.8(b). However, the proposed paragraph no longer states that the docket of the Board is open to public inspection. This change acknowledges that the docket is maintained in a Privacy Act system of records, DOL/ECAB-1, Employees' Compensation Appeals Board Docket Records, 67 Fed. Reg. 16867 (April 8, 2002). Consequently, release of information from the docket is no longer automatic; any release of information from the docket must be in conformity with the requirements of the Privacy Act, 5 U.S.C. 552a, and the Department of Labor's implementing regulations found at 29 CFR part 71. Paragraphs

(c)and

(d)expand current Section 501.3(e), which allows applications for review to be accompanied by a brief or supporting statement, by providing for the filing of pleadings (including supporting statements, briefs, and memoranda of law), and motions. Consistent with current Board practice, pleadings generally provide any type of information to the Board, whereas motions request Board action. Motions may include a request that the Board dismiss the appeal, affirm the OWCP decision or remand for further consideration, approve a substitution on appeal, or other such matter. The Board on its own may also take action regarding a pending appeal. In addition, the Clerk is solely responsible for the service of a copy of all pleadings and motions filed with the Board on the Appellant, his or her Representative and the Director. This change to the original provision in subsection 501.10(b), which has been deleted, is intended to ensure that all documents filed with the Board are provided to Appellants, their Representatives and the Director. In addition, provisions originally contained in 501.10(d)(3) regarding motions for extension of time to file a paper other than a notice of appeal or petition for reconsideration are now contained in section 501.4(d). Paragraph

(e)requires the filing of an original and two copies of all papers with the Clerk, replacing Section 501.10(a). This is an increase from one to two copies to facilitate the processing efficiency of the Clerk. Section 501.5 Oral Argument This proposed section revises and expands upon the current regulation's provisions regarding oral argument, also found at section 501.5. Proposed paragraph

(a)provides that the granting of oral argument is within the discretion of the Board and not automatically scheduled upon the request of an Appellant or the Director. This is a change in the availability of oral argument. As previously discussed, while oral argument can provide the Board valuable assistance in addressing and evaluating the issues presented on appeal, the Board has concluded that automatic availability of oral argument on request of an Appellant or the Director is not necessary. The Board still retains the ability to grant oral argument in an appropriate case. The Board may grant oral argument, for example, when the case presents an issue not previously considered by the Board, when oral argument will assist the Board in carrying out the intent of FECA, in the interests of justice, or when oral argument will resolve a conflict in Board decisions on a substantial question of law. Proposed paragraph

(b)provides that a request for oral argument must specify the issue(s) to be addressed, provide a statement supporting the need for oral argument, and be submitted in writing no later than 60 days from the date of the appeal. If not granted, the Board will proceed to a decision on the record. Revised paragraph

(c)provides that the Clerk will notify the Appellant and Director at least 30 days before the date set for the argument, and the notice of oral argument will state the issues to be heard. The increase from 10 to 30 days is designed to give Appellants more time to prepare for oral argument and to arrange travel to Washington, DC. Paragraphs

(d)and

(e)specify that thirty minutes will be provided for the argument by either the Appellant or his or her Representative, not both. This changes the current regulations statement that “generally not more than 1 hour shall be allowed for oral argument.” However, the proposed regulation retains the Board's discretion to extend the new 30 minute time limit. In new paragraph (f), the Board emphasizes that costs associated with travel to oral argument, held in Washington, DC, are borne by the Appellant. This is consistent with current practice. Proposed paragraph

(g)codifies the current practice that a continuance may only be granted for good cause shown and only if the request is received by the Board at least 15 days prior to the date scheduled for oral argument. Paragraph

(h)continues the Board's discretion, now found at current section 501.5(c), to determine that non-appearance by either Appellant or the Director will not delay the Board's resolution of an appeal and the Board may treat the appeal as submitted on the record. Section 501.6 Decisions and Orders The Board is revising this section to provide more information regarding the Board's practice in the issuance of decisions and orders. Paragraph

(a)states that the Board's decision will be in writing and the types of decisions that the Board may make. Paragraph

(b)states the number of judges on a panel and the number needed to make a decision. Paragraph

(c)provides new language, consistent with Board practice, regarding how the date of issuance is determined. Proposed paragraph

(d)combines the provisions found in current paragraphs

(c)and (d), stating that the Board's decision will become final 30 days from the date of issuance and that at that point the Board will no longer retain jurisdiction over the appeal unless a petition for reconsideration is submitted and granted or unless the Board fixes another date for finality. *See* Section 501.7. Paragraph

(e)explains dispositive orders. Paragraph

(f)states that the Board will send a copy of its opinion to the Appellant as well as the Director and notes that, where Appellant has authorized a Representative on appeal, service of the Board's opinion will be made to both the Appellant and to the Representative. Section 501.7 Petition for Reconsideration The proposed revisions to this section expand upon the information in the current section 501.7 regarding the Board's practice and procedures regarding requests for reconsideration. Paragraph

(a)maintains a 30 day time period for filing a petition for reconsideration, with time measured from the date of the issuance of a decision or order, unless the Board sets another time period. Paragraph

(b)changes the instructions on where to file the petition, and newly stipulates that the Clerk will ensure that Appellants, their Representatives and the Director are served with copies of the petition for reconsideration. Paragraph

(c)states what information must be in the petition. Paragraph

(d)describes the panel of judges who will review the petition, noting that it is the Board's practice to assign the same panel to hear a petition for reconsideration if at all possible. This codification of agency practice provides continuity and efficiency in the consideration of reconsideration requests. Paragraph

(e)allows, but does not require, an answer to be filed. Paragraph

(f)notes that, at the Board's discretion, an oral argument may be allowed prior to the Board's decision on the petition for reconsideration. Section 501.8 Clerk of the Office of the Appellate Boards; Docket of Proceedings; Records Section 501.8 is revised to provide more information regarding the Clerk's office, the docket and record maintained by the Board. Paragraph

(a)gives the address and business hours for the Clerk. Business hours of the Clerk are provided by the Board to clarify “close of business” for purposes of section 501.3(f). Paragraph

(b)states that the Clerk will maintain the docket in the chronological order in which notices of appeal are received, but that the Board retains discretion regarding the order in which it will hear appeals. Provisions and proposed amendments to current regulation section 501.8(b), including the elimination of the provision providing public inspection of the ECAB docket, and clarifications regarding the public availability of the OWCP record, have been moved to proposed section 501.4(b). Paragraph

(c)continues to state that final decisions of the Board will be published in a form readily available for inspection by the general public. This proposed regulation will not change current Board practices in publication of final decisions. The phrase “readily available” means the Board will provide copies of its decisions in a form that complies with section 508 of the Rehabilitation Act of 1973, 29 U.S.C. 701 *et seq.* The Board, through its written decisions, has the responsibility for interpreting the FECA and resolving matters raised on appeal. The written decisions of the Board set forth the relevant facts of each claim, evaluate the facts in terms of applicable workers' compensation law, and affirm OWCP's decision or direct corrective action or discretionary relief, or order such action as may be appropriate depending on the case. The Board has the responsibility to establish a sound body of case precedent in the interpretation of the FECA, its implementing regulations, and procedures in order to provide guidance in the administration of Federal workers' compensation claims. The Board's decisions are cited in OWCP motions and decisions as well as by courts and legal authorities. Due to budgetary considerations, however, the Board is not able to include every written decision in its annual paper bound volume of published decisions, *Digest and Decisions of the Employees' Compensation Appeals Board,* but takes great care selecting those decisions that represent important case precedent. The annual volume does not include routine cases or procedural orders. *The Digest and Decisions of the ECAB* is available at various law libraries throughout the country. A complete collection of Board final decisions is posted on the DOL Web site and Board final decisions also are available in print form from the Clerk's office upon request and through various commercial vendors providing research services. The Board notes that copies of its final decisions are included in the Board docket, which is maintained in a system of records (DOL/ECAB-1) covered by the Privacy Act. Release of ECAB decisions are permitted in accordance with the DOL/ECAB-1's routine use provisions. *See* 67 Fed. Reg. 16867 (April 8, 2002). Section 501.9 Representation; Appearances and Fees Section 501.9 incorporates and expands upon information currently contained in section 501.11. This proposed section defines representation in paragraph

(a)and notes that a Representative may be either an attorney or non-attorney, but that representation by former DOL employees and judges is governed by the Department's ethics regulations. Paragraph

(b)states that an Appellant must file a written authorization with the Board for any Representative. Paragraph

(c)requires that changes of address be reported to the Clerk. Proposed paragraph

(d)continues the current section 501.11(c) regarding rules of Representative debarment and debarment appeals. Proposed section 501.9(e) amends the attorney and other fee provisions now found in section 501.11(d). Board experience has demonstrated that the statutory requirement that attorney and other fee requests must be approved by the Board for work before it, *see* 5 U.S.C. 8127, is often not followed. Therefore, in paragraph

(e)the Board has clarified the requirements regarding review of all fee applications to ensure that Appellants are aware of and understand the mandatory requirement for Board consideration and approval of any fee application by a Representative or Counsel. Paragraph

(e)also expands the list of factors that the Board will evaluate when reviewing fee requests. This section also provides information to those practicing before ECAB about the federal criminal law provision relating to Representatives in the FECA process, as failure to receive an approval from ECAB for collecting a fee may constitute a violation of federal law under 18 U.S.C. 292. Section 501.10 Number of Copies This section has been deleted and its requirements incorporated into section 501.4. Section 501.11 Appearances This section has been deleted and its requirements incorporated into section 501.9. Section 501.12 Intervention This section has been deleted in its entirety. The intervention process, used only occasionally by OWCP prior to the 1989 transfer of Panama Canal Commission cases to the OWCP, has not been utilized in recent years and is deleted as unnecessary. Section 501.13 Place of Proceedings This section has been deleted and its requirements incorporated into section 501.3. III. Administrative Requirements for the Proposed Rulemaking Executive Order 12866 The Office of Management and Budget has not reviewed this proposed rule because it is not economically significant. This proposed rule will not materially alter the budgetary impact of entitlements, grants, user fees, or loan programs; nor will it have an annual effect on the economy of $100 million or more; nor will it adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities in any material way. Furthermore, it does not raise a novel legal or policy issue arising out of legal mandates, the President's priorities or the principles set forth in the Executive Order. Regulatory Flexibility Act of 1980 This proposed rule has been reviewed in accordance with the Regulatory Flexibility Act of 1980, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612. The Department has concluded that the rule does not involve regulatory and informational requirements regarding businesses, organizations, and governmental jurisdictions subject to regulation. Paperwork Reduction Act

(PRA)The Department certifies that this proposed rule has been assessed in accordance with the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* (PRA). The Department concludes that the requirements of the PRA do not apply to this rulemaking, as this rulemaking involves administrative actions to which the Federal government is a party and that occur after an administrative case file has been opened regarding a particular individual. *See* 5 CFR 1320.4(a)(2), (c). The National Environmental Policy Act of 1969 The Department certifies that this proposed rule has been assessed in accordance with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321 *et seq.* (NEPA). The Department concludes that NEPA requirements do not apply to this rulemaking because this proposed rule includes no provisions impacting the maintenance, preservation or enhancement of a healthful environment. Federal Regulations and Policies on Families The Department has reviewed this proposed rule in accordance with the requirements of section 654 of the Treasury and General Government Appropriations Act of 1999, 5 U.S.C. 601 note. These proposed regulations were not found to have a potential negative affect on family well-being as it is defined thereunder. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The Department certifies that this proposed rule has been assessed regarding environmental health risks and safety risks that may disproportionately affect children. These proposed regulations were not found to have a potential negative affect on the health or safety of children. Unfunded Mandates Reform Act of 1995 and Executive Order 13132 The Department has reviewed this proposed rule in accordance with the requirements of Exec. Order No. 13132, 64 Fed. Reg 43,225 (Aug. 10, 1999) and the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 *et seq.,* and has found no potential or substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. As there is no Federal mandate contained herein that could result in increased expenditures by State, local or tribal governments or by the private sector, the Department has not prepared a budgetary impact statement. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments The Department has reviewed this proposed rule in accordance with Exec. Order 13,175, 65 FR 67,249 (Nov. 9, 2000), and has determined that it does not have “tribal implications.” The proposed rule does not “have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.” Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights The Department has reviewed this proposed rule in accordance with Exec. Order 12630, 53 FR 8859 (Mar. 15, 1988) and has determined that it does not contain any “policies that have takings implications” in regard to the “licensing, permitting, or other condition requirements or limitations on private property use, or that require dedications or exactions from owners of private property.” Executive Order 13211: Energy Supply, Distribution, or Use The Department has reviewed this proposed regulation and has determined that the provisions of Exec. Order 13211, 66 FR 28355 (May 18, 2001) are not applicable as this is not a significant regulatory action and there are no direct or implied effects on energy supply, distribution, or use. The Privacy Act of 1974, 5 U.S.C. 552a, as Amended The Department has reviewed these proposed rules under the Privacy Act, 5 U.S.C. 552a, and has determined that this proposed rule will not require that any new information be processed, filed or collected during an appeal before the Board. Case files will continue to be released or not released consistent with the provisions of the Privacy Act and current published systems of record notices. Therefore, the Department has determined this proposed rule would not require revision of the current Privacy Act System of Records, DOL/GOVT-1, Office of Workers' Compensation Programs, Federal Employees' Compensation Act File, 67 Fed. Reg. 16826 (April 8, 2002) and DOL/ECAB-1, Employees' Compensation Appeals Board Docket Records, 67 Fed. Reg. 16867 (April 8, 2002). Clarity of This Regulation Executive Order 12866, 58 FR 51735 (September 30, 1993), and the President's memorandum of June 1, 1998, require each agency to write all rules in plain language. The Department invites comments on how to make this proposed rule easier to understand. List of Subjects in 20 CFR Part 501 Rules of Procedure for practice before the Employees' Compensation Appeals Board, including definitions; scope and applicability of rules; composition and jurisdiction; notice of appeal; case record, inspection and submission of pleadings and motions; oral argument; decisions and orders; petitions for reconsideration; clerk, docket and records; and representation, appearances and fees. IV. Instructions for Providing Comments APA Requirements for Notice and Comment The majority of changes proposed here consist of amendments to rules of agency organization, procedure and practice, and consequently are exempt from the notice and public comment requirements of the Administrative Procedures Act, *see* 5 U.S.C. 553(b)(3)(A). However, the Board and the Department wish to provide the public with an opportunity to submit comments on any aspect of the entire proposed rule. Methods of Filing Comments Please submit only one copy of your comments via any of the methods noted in the addresses section. All submissions received must include the agency name, as well as RIN 1290-AA22. Also, please note that due to security concerns, postal mail delivery in Washington, DC may be delayed. Therefore, in order to ensure that comments are received on time, the Department encourages the public to submit comments via the Internet as indicated above. Publication of Comments Submitted Electronically Please be advised that the Department will post all comments received on *http://www.regulations.gov* without making any change to the comments, including any personal information provided. The *http://www.regulations.gov* Web site is the Federal e-rulemaking portal and all comments posted there are available and accessible to the public. Therefore, the Department recommends that commenters safeguard their personal information by not including Social Security Numbers, personal addresses, telephone numbers, and e-mail addresses in comments. It is the responsibility of the commenter to safeguard his or her information. Rulemaking Docket In addition to the electronic comments available on *http://www.regulations.gov,* the Department will make all the comments it receives available for public inspection during normal business hours at the above address. If you need assistance to review the comments, the Department will provide you with appropriate aids such as readers or print magnifiers. The Department will make copies of the proposed rule available, upon request, in large print or electronic file on computer disc. The Department will consider providing the proposed rule in other formats upon request. To schedule an appointment to review the comments and/or obtain the proposed rule in an alternate format, contact the office of Alec J. Koromilas, Chairman and Chief Judge, Employees' Compensation Appeals Board at

(202)693-6406 (VOICE)(this is not a toll-free number) or

(877)889-5627 (TTY/TDD). You may also contact Chairman Koromilas' office at the address listed above. Signed at Washington, DC, on June 16, 2008. Howard M. Radzely, Deputy Secretary, U.S. Department of Labor. For the reasons stated in the preamble, the Department of Labor proposes to revise 20 CFR part 501 to read as follows: PART 20—THE EMPLOYEES' COMPENSATION APPEALS BOARD—RULES OF PROCEDURE Sec. 501.1 Definitions 501.2 Scope and Applicability of Rules; Composition and Jurisdiction of the Board 501.3 Notice of Appeal 501.4 Case Record; Inspection; Submission of Pleadings and Motions 501.5 Oral Argument 501.6 Decisions and Orders 501.7 Petition for Reconsideration 501.8 Clerk of the Office of the Appellate Boards; Docket of Proceedings; Records 501.9 Representation; Appearances and Fees Authority: 5 U.S.C. 8101 *et seq.* § 501.1 Definitions.

(a)*FECA* means the Federal Employees' Compensation Act, 5 U.S.C. 8145, and any statutory extension or application thereof.

(b)*The Board* means the Employees' Compensation Appeals Board.

(c)*Chief Judge and Chairman of the Board* means the Chairman of the Employees' Compensation Appeals Board.

(d)*Judge or Alternate Judge* means a member designated and appointed by the Secretary of Labor with authority to hear and make final decisions on appeals taken from determinations and awards by the OWCP in claims arising under the FECA.

(e)*OWCP* means the Office of Workers' Compensation Programs, Employment Standards Administration, U.S. Department of Labor.

(f)*Director* means the Director of the Office of Workers' Compensation Programs or a person delegated authority to perform the functions of the Director. The Director of OWCP is represented before the Board by an attorney designated by the Solicitor of Labor.

(g)*Appellant* means any person adversely affected by a final decision or order of the OWCP who files an appeal to the Board.

(h)*Representative* means an individual properly authorized by an Appellant in writing to act for the Appellant in connection with an appeal before the Board. The Representative may be any individual or an attorney, who is a member in good standing of the bar of the Supreme Court of the United States or the highest court of any State, territory or the District of Columbia.

(i)*Decision,* as prescribed by 5 U.S.C. 8149 of the FECA, means the final determinative action made by the Board on appeal of a claim.

(j)*Clerk or Office of the Clerk* means Clerk of the Office of the Appellate Boards. § 501.2 Scope and applicability of rules, composition and jurisdiction of the Board.

(a)The regulations in this part establish the Rules of Practice and Procedure governing the operation of the Employees' Compensation Appeals Board.

(b)The Board consists of three permanent judges, one of whom is designated as Chief Judge and Chairman of the Board, and such alternate judges as are appointed by the Secretary of Labor. The Chief Judge is the administrative officer of the Board. The functions of the Board are quasi-judicial. For organizational purposes, the Board is placed in the Office of the Secretary of Labor and sits in Washington, DC.

(c)The Board has jurisdiction to consider and decide appeals from final decisions of OWCP in any case arising under the FECA. The Board may review all relevant questions of law, fact and exercises of discretion (or failure to exercise discretion) in such cases.

(1)The Board's review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.

(2)There will be no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency of a case.

(3)The Board and OWCP may not exercise simultaneous jurisdiction over the same issue in a case on appeal. Following the docketing of an appeal before the Board, OWCP does not retain jurisdiction to render a further decision regarding the issue on appeal until after the Board relinquishes jurisdiction. § 501.3 Notice of appeal.

(a)*Who may file.* Any person adversely affected by a final decision of the Director, or his or her authorized Representative, may file for review of such decision by the Board.

(b)*Place of filing.* The notice of appeal shall be filed with the Clerk at 200 Constitution Avenue, NW., Washington, DC 20210.

(c)*Content of Notice of Appeal.* A notice of appeal shall contain the following information:

(1)Date of Appeal.

(2)Full name, address and telephone number of the Appellant and the full name of any deceased employee on whose behalf an appeal is taken. In addition, the Appellant must provide a signed authorization identifying the full name, address and telephone number of his or her Representative, if applicable.

(3)Employing establishment, date, description and the place of the injury.

(4)Date and Case File Number assigned by OWCP concerning the decision being appealed to the Board.

(5)A statement explaining Appellant's disagreement with OWCP's decision and stating the factual and/or legal argument in favor of the appeal.

(6)Signature: An Appellant must sign the notice of appeal.

(d)*Substitution of Appellant:* Should the Appellant die after having filed an appeal with the Board, the appeal may proceed to decision provided there is the substitution of a proper Appellant who requests that the appeal proceed to decision by the Board.

(e)*Time limitations for filing.* Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP. The Board maintains discretion to extend the time period for filing an appeal if an applicant demonstrates compelling circumstances. Compelling circumstances means circumstances beyond the Appellant's control, not including any delay caused by the failure of an individual to exercise due diligence in submitting a notice of appeal.

(f)*Date of Filing.* A notice of appeal complying with paragraph

(c)is considered to have been filed only if received by the Clerk by the close of business within the period specified under paragraph (e).

(1)*Date of Mailing.* If the notice of appeal is sent by United States Mail and use of the date of delivery as the date of filing would result in a loss of appeal rights, the appeal will be considered to have been filed as of the date of mailing. The date appearing on the U.S. Postal Service postmark (when available and legible) shall be prima facie evidence of the date of mailing. If there is no such postmark or it is not legible, other evidence, such as, but not limited to, certified mail receipts, certificate of service and affidavits, may be used to establish the mailing date. If a notice of appeal is delivered or sent by means other than United States Mail, including commercial delivery, personal delivery or fax, the notice is deemed to be received when received by the Clerk.

(2)In computing the date of filing, the 180 day time period for filing an appeal begins to run on the day following the date of the OWCP decision. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or Federal holiday, in which event the period runs to the close of the next business day.

(g)*Failure To Timely File a Notice of Appeal.* The failure of an Appellant or Representative to file an appeal with the Board within the period specified under paragraph

(e)of this section, including any extensions granted by the Board in its discretion based upon compelling circumstances, will foreclose all right to review. The Board will dismiss any untimely appeal for lack of jurisdiction.

(h)*Incomplete Notice of Appeal.* Any timely notice of appeal that does not contain the information specified in paragraph

(c)of this section will be considered incomplete. On receipt by the Board, the Clerk will inform Appellant of the deficiencies in the notice of appeal and specify a reasonable time to submit the requisite information. Such appeal will be dismissed unless Appellant provides the requisite information in the time specified by the Clerk. § 501.4 Case record, inspection, submission of pleadings, and motions.

(a)*Service on OWCP and Transmission of OWCP Case Record.* The Board shall serve upon the Director a copy of each notice of appeal and accompanying documents. Within 60 days from the date of such service, the Director shall provide to the Board the record of the OWCP proceeding to which the notice refers. On application of the Director, the Board may, in its discretion, extend the time period for submittal of the OWCP case record.

(b)*Inspection of Record.* The case record on appeal is an official record of the OWCP.

(1)Upon written application to the Clerk, an Appellant may request inspection of the OWCP case record. At the discretion of the Board, the OWCP case record may either be made available in the Office of the Clerk of the Appellate Boards for inspection by the Appellant, or the request may be forwarded to the Director so that OWCP may make a copy of the OWCP case record and forward this copy to the Appellant. Inspection of the papers and documents included in the OWCP case record of any appeal pending before the Board will be permitted or denied in accordance with 5 CFR 10.10 to 10.13. The Chief Judge (or his or her designee) shall serve as the disclosure officer for purposes of Appendix A to 29 CFR parts 70 and 71.

(2)Copies of the documents generated in the course of the appeal before the Board will be provided to the Appellant and Appellant's Representative by the Clerk. If the Appellant needs additional copies of such documents while the appeal is pending, the Appellant may obtain this information by contacting the Clerk. Pleadings and motions filed during the appeal in proceedings before the Board will be made part of the official case record of the OWCP.

(c)*Pleadings.* The Appellant, the Appellant's Representative and the Director may file pleadings supporting their position and presenting information, including but not limited to briefs, memoranda of law, memoranda of justification, and optional form AB-1. All pleadings filed must contain the docket number and be filed with the Clerk. The Clerk will issue directions specifying the time allowed for any responses and replies.

(1)The Clerk will distribute copies of any pleading received by the Clerk to ensure that the Appellant, his or her Representative and the Director receive all pleadings. Any pleading should be submitted within 60 days of the filing of an appeal. The Board may, in its discretion, extend the time period for the submittal of any pleading.

(2)Proceedings before the Board are informal and there is no requirement that any pleading be filed. Failure to submit a pleading or to timely submit a pleading does not prejudice the rights of either the Appellant or the Director.

(3)Upon receipt of a pleading, the Appellant and the Director will have the opportunity to submit a response to the Board.

(d)*Motions.* Motions are requests for the Board to take specific action in a pending appeal. Motions include, but are not limited to, motions to dismiss, affirm the decision below, remand, request a substitution, request an extension of time, or other such matter as may be brought before the Board. Motions may be filed by the Appellant, the Appellant's Representative and the Director. The motion must be in writing, contain the docket number, state the relief requested and the basis for the relief requested, and be filed with the Clerk. Any motion received will be sent by the Clerk to ensure that the Appellant, his or her Representative and the Director receive all motions. The Clerk will issue directions specifying the timing of any responses and replies. The Board also may act on its own to issue direction in pending appeals, stating the basis for its determination.

(e)*Number of Copies.* All filings with the Board, including any notice of appeal, pleading, or motion shall include an original and two

(2)legible copies. § 501.5 Oral argument.

(a)*Oral argument.* Oral argument may be held in the discretion of the Board, on its own determination or on application by Appellant or the Director.

(b)*Request.* A request for oral argument must be submitted in writing to the Clerk. The application must specify the issue(s) to be argued and provide a statement supporting the need for oral argument. The request must be made no later than 60 days after the filing of an appeal. Any appeal in which a request for oral argument is not granted by the Board will proceed to a decision based on the case record and any pleadings submitted.

(c)*Notice of Argument.* If a request for oral argument is granted, the Clerk will notify the Appellant and the Director at least 30 days before the date set for argument. The notice of oral argument will state the issues that the Board has determined will be heard.

(d)*Time allowed.* Appellant and any Representative for the Director shall be allowed no more than 30 minutes to present oral argument. The Board may, in its discretion, extend the time allowed.

(e)*Appearances.* An Appellant may appear at oral argument before the Board or designate a Representative. Argument shall be presented by the Appellant or a Representative, not both. The Director may be represented by an attorney with the Solicitor of Labor. Argument is limited to the evidence of record on appeal.

(f)*Location.* Oral argument is heard before the Board only in Washington, DC. The Board does not reimburse costs associated with attending oral argument.

(g)*Continuance.* Once oral argument has been scheduled by the Board, a continuance will not be granted except on a showing of good cause. Good cause may include extreme hardship or where attendance by an Appellant or Representative is mandated at a previously scheduled judicial proceeding. Any request for continuance must be received by the Board at least 15 days before the date scheduled for oral argument and be served by the requester upon Appellant and the Director. No request for a second continuance will be entertained by the Board. In such case, the appeal will proceed to a decision based on the case record. The Board may reschedule or cancel oral argument on its own motion at any time.

(h)*Nonappearance.* The absence of an Appellant, his or her Representative, or the Director at the time and place set for oral argument will not delay the Board's resolution of an appeal. In such event, the Board may, in its discretion, reschedule oral argument, or cancel oral argument and treat the case as submitted on the case record. § 501.6 Decisions and orders.

(a)*Decisions.* A decision of the Board will contain a written opinion setting forth the reasons for the action taken and an appropriate order. The decision is based on the case record, all pleadings and any oral argument. The decision may consist of an affirmance, reversal or remand for further development of the evidence, or other appropriate action.

(b)* Panels.* A decision of not less than two judges will be the decision of the Board.

(c)*Issuance.* The date of the Board's decision is the date of issuance or such date as determined by the Board. Issuance is not determined by the postmark on any letter containing the decision or the date of actual receipt by Appellant or the Director.

(d)*Finality.* The decisions and orders of the Board are final as to the subject matter appealed, and such decisions and orders are not subject to review, except by the Board. The decisions and orders of the Board will be final upon the expiration of 30 days from the date of issuance unless the Board has fixed a different period of time therein. Following the expiration of that time, the Board no longer retains jurisdiction over the appeal unless a timely petition for reconsideration is submitted and granted.

(e)*Dispositive Orders.* The Board may dispose of an appeal on a procedural basis by issuing an appropriate order disposing of part or all of a case prior to reaching the merits of the appeal. The Board may proceed to an order on its own or on the written motion of Appellant or the Director.

(f)*Service.* The Board will send its decisions and orders to the Appellant, his or her Representative and the Director at the time of issuance. § 501.7 Petition for reconsideration.

(a)*Time for filing.* The Appellant or the Director may file a petition for reconsideration of a decision or order issued by the Board within 30 days of the date of issuance, unless another time period is specified in the Board's order.

(b)*Where to file.* The petition must be filed with the Clerk. Copies will be sent by the Clerk to the Director, the Appellant and his or her Representative in the time period specified by the Board.

(c)*Content of Petition.* The petition must be in writing. The petition must contain the docket number, specify the matters claimed to have been erroneously decided, provide a statement of the facts upon which the petitioner relies, and a discussion of applicable law. New evidence will not be considered by the Board in a petition for reconsideration.

(d)*Panel.* The panel of judges who heard and decided the appeal will rule on the petition for reconsideration. If any member of the original panel is unavailable, the Chief Judge may designate a new panel member. The decision or order of the Board will stand as final unless vacated or modified by the vote of at least two members of the reconsideration panel.

(e)*Answer.* Upon the filing of a petition for reconsideration, Appellant or the Director may file an answer to the petition within such time as fixed by the Board.

(f)*Oral Argument and Decision on Reconsideration.* An oral argument may be allowed at the discretion of the Board upon application of the Appellant or Director or the Board may proceed to address the matter upon the papers filed. The Board shall grant or deny the petition for reconsideration and issue such orders as it deems appropriate. § 501.8 Clerk of the office of the appellate boards, docket of proceedings, records.

(a)*Location and Business Hours.* The Office of the Clerk of the Appellate Boards is located at 200 Constitution Avenue, NW., Washington, DC 20210. The Office of the Clerk is open during business hours on all days except Saturdays, Sundays and Federal holidays, from 8:30 a.m. to 5 p.m.

(b)*Docket.* The Clerk will maintain a docket containing a record of all proceedings before the Board. Each docketed appeal will be assigned a number in chronological order based upon the date on which the notice of appeal is received. While the Board generally hears appeals in the order docketed, the Board retains discretion to change the order in which a particular appeal will be considered. The Clerk will prepare a calendar of cases submitted or awaiting oral argument and such other records as may be required by the Board.

(c)*Publication of Decisions.* Final decisions of the Board will be published in such form as to be readily available for inspection by the general public. § 501.9 Representation, appearances and fees.

(a)*Representation.* In any proceeding before the Board, an Appellant may appear in person or by appointing a duly authorized individual as his or her Representative.

(1)*Counsel.* The designated Representative may be an attorney who has been admitted to practice before the Supreme Court of the United States or the highest court of any state, the District of Columbia, or a United States territory and who is in good standing with that bar.

(2)*Lay Representative.* A non-attorney Representative may represent an Appellant before the Board. He or she may be an accredited Representative of an employee organization.

(3)*Former members of the Board and other employees of the Department of Labor.* A former judge of the Board is not allowed to participate as counsel or other Representative before the Board in any proceeding until two years from the termination of his or her status as a judge of the Board. The practice of a former judge or other former employee of the Department of Labor is governed by 29 CFR part 0, subpart B.

(b)*Appearance.* No individual may appear as a Representative in a proceeding before the Board without first filing with the Clerk a written authorization signed by the Appellant to be represented. When accepted by the Board, such Representative will continue to be recognized unless the Representative withdraws or abandons such capacity or the Appellant directs otherwise.

(c)*Change of Address.* Each Appellant and Representative authorized to appear before the Board must give the Clerk written notice of any change to the address or telephone number of the Appellant or Representative. Such notice must identify the docket number and name of each pending appeal for that Appellant, or, in the case of a Representative, in which he or she is a Representative before the Board. Absent such notice, the mailing of documents to the address most recently provided to the Board will be fully effective.

(d)*Debarment of Counsel or Representative.* In any proceeding, whenever the Board finds that a person acting as counsel or other Representative or the Director is guilty of unethical or unprofessional conduct, the Board may order that such person be excluded from further acting as counsel or Representative of an Appellant in such proceeding. Such order may be appealed to the Secretary of Labor or his or her designee, but proceedings before the Board will not be delayed or suspended pending disposition of such appeal. However, the Board may suspend the proceeding of an appeal for a reasonable time for the purpose of enabling Appellant or the Director to obtain different counsel or other Representative. Whenever the Board has issued an order precluding a person from further acting as counsel or Representative in a proceeding, the Board will, within a reasonable time, submit to the Secretary of Labor or his or her designee a report of the facts and circumstances surrounding the issuance of such order. The Board will recommend what action the Secretary of Labor should take in regard to the appearance of such person as counsel or Representative in other proceedings before the Board. Before any action is taken debarring a person as counsel or Representative from other proceedings, he or she will be furnished notice and the opportunity to be heard on the matter.

(e)*Fees for Attorney, Representative, or Other Services.* No claim for a fee for legal or other service in connection with a proceeding before the Board is valid unless approved by the Board. Under 18 U.S.C. 292, collecting a fee without the approval of the Board may constitute a misdemeanor, subject to fine or imprisonment for up to a year or both. No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. No fee for service will be approved except upon written application to the Clerk, supported by a statement of the extent and nature of the necessary work performed before the Board on behalf of the Appellant. The fee application will be served by the Clerk on the Appellant and a time set in which a response may be filed. Except where such fee is *de minimis* , the fee request will be evaluated with consideration of the following factors:

(1)Usefulness of the Representative's services;

(2)The nature and complexity of the appeal;

(3)The capacity in which the Representative has appeared;

(4)The actual time spent in connection with the Board appeal; and

(5)Customary local charges for similar services. [FR Doc. E8-13910 Filed 6-19-08; 8:45 am] BILLING CODE 4510-23-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2008-0392; FRL-8582-1] Approval and Promulgation of Implementation Plans; State of Missouri AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve a request to amend the Missouri State Implementation Plan

(SIP)to include revisions to the Kansas City Solvent Metal Cleaning rule. The revisions to this rule include consolidating exemptions in the applicability section, adding new exemptions, adding definitions of new and previously undefined terms, and clarifying rule language regarding operating procedure requirements for spray gun cleaners and air-tight and airless cleaning systems. This revision will ensure consistency between the state and the federally-approved rules. DATES: Comments on this proposed action must be received in writing by July 21, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2008-0392 by mail to Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically or through hand delivery by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this **Federal Register** . FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at

(913)551-7942, or by e-mail at *algoe-eakin.amy@epa.gov.* SUPPLEMENTARY INFORMATION: In the final rules section of the **Federal Register** , EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this **Federal Register** . Dated: June 9, 2008. John B. Askew, Regional Administrator, Region 7. [FR Doc. E8-13756 Filed 6-19-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2008-0342; FRL-8581-8] Approval and Promulgation of Implementation Plans; State of Missouri AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve a State Implementation Plan

(SIP)to revise the sulfur dioxide (SO 2 ) emissions rates and averaging times for Kansas City Power & Light's Hawthorn Plant and Montrose Station in Missouri rule, Restriction of Emission of Sulfur Compounds. Previous changes to this rule were disapproved in 2006 because EPA was concerned that the averaging times for the rates at these units had been dramatically increased from a 3-hour average to an annual average and that the revised averaging times were not demonstrated by the state to be protective of the short-term (3- and 24-hour) sulfur dioxide (SO 2 ) National Ambient Air Quality Standard (NAAQS). EPA believes that the recent changes, which EPA is now proposing to approve, have been shown by Missouri to be protective of the short-term SO 2 NAAQS. This revision will ensure consistency between the state and the federally-approved rules. DATES: Comments on this proposed action must be received in writing by July 21, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2008-0342, by mail to Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this **Federal Register** . FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at

(913)551-7942, or by e-mail at *algoe-eakin.amy@epa.gov.* SUPPLEMENTARY INFORMATION: In the final rules section of the **Federal Register** , EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this **Federal Register** . Dated: June 9, 2008. John B. Askew, Regional Administrator, Region 7. [FR Doc. E8-13839 Filed 6-19-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7786] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Comments are requested on the proposed Base (1 percent annual-chance) Flood Elevations

(BFEs)and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before September 18, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map

(FIRM)for the proposed BFEs for each community are available for inspection at the community's map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA-B-7786, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151, or (e-mail) *bill.blanton@dhs.gov* . FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151 or (e-mail) *bill.blanton@dhs.gov* . SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. *Administrative Procedure Act Statement.* This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and do not fall under the APA. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Executive Order 12866, Regulatory Planning and Review.* This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. *Executive Order 13132, Federalism.* This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation ** * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground Effective Modified Communities affected Lauderdale County, Alabama, and Incorporated Areas Tennessee River (Navigation Channel) Approximately 981 feet upstream of the intersection of Sweetwater Creek and XS B of Tennessee River +431 +432 City of Florence. Approximately 2238 feet upstream of the intersection of Tennessee River and XS D of Tennessee River +431 +435 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Florence Maps are available for inspection at 110 West College Street, Florence, AL 35630. Leavenworth County, Kansas, and Incorporated Areas Stranger Creek At Highway 32 +798 +796 Unincorporated Areas of Leavenworth County, City of Easton, City of Linwood. At Tonganoxie Road None +842 At Millwood Road None +914 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Easton Maps are available for inspection at City Hall, 300 W. Riley, Easton, KS 66020. City of Linwood Maps are available for inspection at City Hall, 306 Main Street, Linwood, KS 66052. Unincorporated Areas of Leavenworth County Maps are available for inspection at Leavenworth County Courthouse, 4th and Walnut, Leavenworth, KS 66048. Vermilion Parish, Louisiana, and Incorporated Areas Gulf of Mexico Base Flood Elevation changes ranging from 10 to 13 feet in the form of AE and VE zones have been made +11 +10-13 Town of Erath. Gulf of Mexico Base Flood Elevation changes ranging from 9 to 11 feet in the form of AE and VE zones have been made +9-11 +9-11 Town of Delcambre. Gulf of Mexico Base Flood Elevation changes of 7 feet in the form of VE zones have been made None +7 Town of Gueydan. Gulf of Mexico Base Flood Elevations changes ranging from 11 to 18 feet in the form of AE and VE zones have been made +11-19 +11-18 Unincorporated Areas of Vermilion Parish. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of Erath Maps are available for inspection at 115 West Edwards Street, Erath, LA 70533. Town of Delcambre Maps are available for inspection at 107 North Railroad, Delcambre, LA 70528. Town of Gueydan Maps are available for inspection at 600 Main Street, Gueydan, LA 70542. Unincorporated Areas of Vermilion Parish Maps are available for inspection at 100 N. State Street, Suite 200, Abbeville, LA 70510. Bristol County, Massachusetts, and Incorporated Areas Buzzards Bay Approximately 1,650 feet East of intersection of River Road and Redwing Lane +13 +24 Town of Dartmouth, Town of Westport. Approximately 875 feet south from end of Club House Drive +31 +24 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of Dartmouth Maps are available for inspection at Town Hall, 400 Slocum Road, Dartmouth, MA 02747. Town of Westport Maps are available for inspection at Town Hall, 816 Main Road, Westport, MA 02790. Plymouth County, Massachusetts, and Incorporated Areas Atlantic Ocean Approximately 150 feet south of intersection of Brant Beach Avenue and Ocean View Avenue +17 +19 Town of Hull, Town of Mattapoisett. Approximately 210 feet southeast of intersection of Highland Avenue and Mount Pleasant Way +9 +33 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES Town of Hull Maps are available for inspection at Town Hall, 253 Atlantic Avenue, Hull, MA 02045. Town of Mattapoisett Maps are available for inspection at Town Hall, 16 Main Street, Mattapoisett, MA 02739. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 10, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-13932 Filed 6-19-08; 8:45 am] BILLING CODE 9110-12-P 73 120 Friday, June 20, 2008 Notices DEPARTMENT OF AGRICULTURE Forest Service Ravalli County Resource Advisory Committee AGENCY: Forest Service, USDA. ACTION: Notice of meeting. SUMMARY: The Ravalli County Resource Advisory Committee will be meeting to go on a field trip. The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393). The meeting is open to the public. DATES: The field trip will start on June 24, 2008, 6 p.m. ADDRESSES: The field trip will meet at the Bitterroot National Forest, 1801 N. First Street, Hamilton, Montana in the back parking lot to team up for the car pool. Send written comments to Daniel C. Ritter, District Ranger, Stevensville Ranger District, 88 Main Street, Stevensville, MT 59870, by facsimile

(406)777-7423, or electronically to *dritter@fs.fed.us.* FOR FURTHER INFORMATION CONTACT: Daniel G. Ritter, Stevensville District Ranger and Designated Federal Officer, Phone:

(406)777-5461. Dated: June 12, 2008. Barry Paulson, Deputy Forest Supervisor. [FR Doc. E8-13983 Filed 6-19-08; 8:45 am] BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Forest Service Nebraska National Forest, Nebraska & South Dakota; Black-Tailed Prairie Dog (Cynomys ludovicianus) Management on the Nebraska National Forest and Associated Units AGENCY: Forest Service, USDA. ACTION: Second revised notice of intent to prepare an environmental impact statement. SUMMARY: This project would amend current management direction in the Nebraska National Forest Land and Resource Management Plan

(LRMP)for black-tailed prairie dog *(Cynomys ludovicianus)* management on the Nebraska National Forest and associated units (NNF). The proposed LRMP amendment is to meet various multiple use objectives by:

(1)Specifing the desired range of acres of prairie dog colonies that would be provided on the Nebraska National Forest and associated units; and

(2)allowing the use of rodenticides if the acreage exceeds the desired range and for multiple use objectives. A Notice of Intent

(NOI)to supplement the 2002 LRMP environmental impact statement

(EIS)for this project was published September 29, 2006 (71 FR 57460-57462). On February 28, 2007 (72 FR 8962) a revised NOI was published indicating that the Agency would not be preparing a supplement to the 2002 LRMP EIS but would be preparing a separate environmental impact statement for black-tailed prairie dog *(Cynomys ludovicianus)* management on the Nebraska National Forest and associated units. This EIS would tier to 2002 LRMP. More than six months have elapsed since the projected FEIS date in that original NOI. Also, the responsible official has changed to Jane Darnell, Forest Supervisor (no change in title). This revised NOI is being issued to update the project schedule and responsible official. DATES: The Notice of Availability of the draft environmental impact statement was published in the **Federal Register** on June 8, 2007 (72 FR 31822). The final environmental impact statement is expected in July, 2008. No further formal public comment opportunities will be offered on this project. FOR FURTHER INFORMATION CONTACT: Mike McNeill, Team Leader, USDA Forest Service, at 1801 Hwy 18 Truck Bypass PO Box 732, Hot Springs, South Dakota 57747, or call

(605)745-4107. SUPPLEMENTARY INFORMATION: *Purpose and Need for Action:* We conducted an interdiscinplinary review of new information and changed circumstances from the original LRMP FEIS including prolonged drought conditions, changes in praire dog numbers and distribution, and related concerns about resulting vegetation and soil conditions. The environmental impact statement will disclose the environmental effects of the proposed action while still providing:

(1)Sufficient habitat to support a self-sustaining population of black-footed ferrets that contributes to the overall recovery of the species; and

(2)sufficient habitat to maintain a well-distributed population of black-tailed prairie dogs and other associated species across the national grasslands. *Proposed Action:* The proposed action is to amend current management direction in the LRMP to meet various multiple use objectives by:

(1)Specifying the desired range of acres of prairie dog colonies that will be provided on the NNF; and

(2)allowing use of rodenticide if the acreage exceeds the desired range and for multiple use objectives. This includes amending Chapter 1, Section H, Standard #1 which identifies a limited use of rodenticides. *Issues:* Key issues include effects on black-tailed prairie dogs; effects on recovery of the endangered black-footed ferret; effects on other wildlife species associated with prairie dogs; effects on livestock grazing permittees; effects on vegetation cover, topsoil, and undesirable plant species; and costs and effectiveness of management strategies. Responsible Official The Responsible Official is Jane D. Darnell, Forest Supervisor, USDA Forest Service, 125 North Main Street, Chadron, Nebraska 69337. Nature of Decision To Be Made The Forest Service will decide whether or not to amend current management direction in the LRMP to meet various multiple use objectives by:

(1)specifying the desired range of acres of prairie dog colonies that will be provided on the NNF; and

(2)allowing use of rodenticides if the acreage exceeds the desired range and for multiple use objectives. Public Comment Comments and input regarding the proposal were requested from the public, other groups and agencies via direct mailing on October 6, 2006. Additional comments were solicited during September 2006 and February 2007 via public notices and an additional direct mailing. The Draft EIS was issued for a 45-day public comment in June 2007. No further formal public comment opportunities will be offered on this project. *Early Notice of Importance of Public Participation in Subsequent Environmental Review:* The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, the reviewers of the draft EIS must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NRDC,* 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft EIS stage but that are not raised until after completion of the final EIS may be waived or dismissed by the courts. *City of Angoon* v. *Hodel,* 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris,* 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft EIS should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft EIS. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 regarding the specificity of comments. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21. Dated: June 13, 2008. Jane D. Darnell, Forest Supervisor, Nebraska National Forest. [FR Doc. E8-13964 Filed 6-19-08; 8:45 am] BILLING CODE 3410-11-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletion AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletion from the Procurement List. SUMMARY: This action adds to the Procurement List a product and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a service previously furnished by such agencies. Effective Date: July 20, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: Additions On March 28, April 18 and April 25, 2008 the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR16639; 21107; 22324) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the product and services and impact of the additions on the current or most recent contractors, the Committee has determined that the product and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and services to the Government. 2. The action will result in authorizing small entities to furnish the product and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and services proposed for addition to the Procurement List. End of Certification Accordingly, the following product and services are added to the Procurement List: Product Bag, Fecal Incontinent *NSN:* 6530-00-NSH-0045—Large *NPA:* Work, Inc., North Quincy, MA *Coverage:* C-List for the requirement of the Department of Veterans Affairs, National Acquisition Center, Hines, IL *Contracting Activity:* Department of Veterans Affairs, National Acquisition Center, Hines, IL Services *Service Type/Location:* Custodial Services, Andersen Air Force Base, Basewide, APO AP, GU. *NPA:* Able Industries of the Pacific, Santa Rita, GU. *Contracting Activity:* U.S. Air Force, Anderson Air Force Base, 36th Contracting Squadron, APO AP, GU. *Service Type/Location:* Mailroom Operations, Immigration & Customs Enforcement, 1100 Center Parkway (Camp Creek Business Center), 180 Spring Street, 2150 Park Lake Drive, Atlanta, GA. *NPA:* WORKTEC, Jonesboro, GA. *Contracting Activity:* U.S. Department of Homeland Security, Immigration and Customs Enforcement, Washington, DC. Deletion On April 11, 2008, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR19808) of proposed deletions to the Procurement List. After consideration of the relevant matter presented, the Committee has determined that the service listed below are no longer suitable for procurement by the Federal Government under41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action should not result in additional reporting, recordkeeping or other compliance requirements for small entities. 2. The action may result in authorizing small entities to furnish the services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the service deleted from the Procurement List. End of Certification Accordingly, the following service is deleted from the Procurement List: Service: *Service Type/Location:* Janitorial/Custodial, Curlew Conservation Center, Colville National Forest, Curlew, WA. *NPA:* Ferry County Community Services, Republic, WA. *Contracting Activity:* U.S. Department of Agriculture, Colville National Forest, Colville, WA. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-14026 Filed 6-19-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to the Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. *Comments Must be Received on or Before:* July 20, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. For Further Information or to Submit Comments Contact: Kimberly M. Zeich, Telephone:

(703)603-7740, Fax:

(703)603-0655, or e-mail *CMTEFedReg@jwod.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. If the Committee approves the proposed additions, the entities of the Federal Government identified in the notice for each product or service will be required to procure the products and services listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following products and services are proposed for addition to Procurement List for production by the nonprofit agencies listed: Products Bulletin Rails *NSN:* 7520-00-NIB-1801-48″, Natural Cork, Aluminum Frame. *NSN:* 7520-00-NIB-1802—36″, Natural Cork, Aluminum Frame. *NSN:* 7520-00-NIB-1803—24″, Natural Cork, Aluminum Frame. Marker Board, Wall Mounted *NSN:* 7110-00-NIB-0037—3′×2′, Combo Dry Erase, Cork Board, Oak Finish. *NSN:* 7110-00-NIB-0038—24″×18″, Melamine, Dry Erase Board, Thin Aluminum Frame. *NSN:* 7110-00-NIB-0042—24″×18″, Cork Board, Oak Finish. *NSN:* 7110-00-NIB-0047—3′×2′, Fabric Board, Grey, Black Plastic Radius Corners. *NSN:* 7110-00-NIB-0048—4—12″×12″, Cork, Panels w/Adhesive Backing (no frame). *NSN:* 7110-00-NIB-0050—1″×3″, Cork Board, Vertical, Slim Line Oak Finish. *NSN:* 7110-00-NIB-0060—5′×3′, Porcelain Magnetic Dry Erase Board, Thick Aluminum. *NSN:* 7110-01-416-5198—24″×18″, Melamine, Dry Erase Board, Thin Aluminum. *NSN:* 7195-01-235-4161—3′×2′, Cork Board, Oak Finish. *Coverage:* A-List for the total Government requirement as specified by the General Services Administration. Bulletin Board *NSN:* 7195-01-218-2026—4′×3′, Cork Board, Oak Finish. Marker Board, Wall Mounted *NSN:* 7110-00-NIB-0028—24″×13″, Dry Erase, Cubicle Board, Aluminum. *NSN:* 7110-00-NIB-0029—30″×18″, Dry Erase, Cubicle Board, Aluminum. *NSN:* 7110-00-NIB-0030—30″×18″, Combo Dry Erase, Cubicle Color Cork Board, Aluminum. *NSN:* 7110-00-NIB-0031—30″×18″, Cubicle Color Cork Board, Aluminum. *NSN:* 7110-00-NIB-0032—30″×18″, Dry Erase, 1 mo. Calendar, Aluminum. *NSN:* 7110-00-NIB-0039—4′×3′, Combo Dry Erase, Cork Board, Oak Finish. *NSN:* 7110-00-NIB-0040—6′×4′, Melamine Dry Erase Magnetic, Thick Aluminum Frame. *NSN:* 7110-00-NIB-0043—6′×4′, Porcelain, Dry Erase Magnetic, Thick Aluminum Frame. *NSN:* 7110-00-NIB-0045—24″×18″, In/Out Board System, Thin Aluminum Frame. *NSN:* 7110-00-NIB-0046—4′×3, Fabric Board, Black Plastic, Radius Corners. *NSN:* 7110-00-NIB-0049—6′×4′, Cork Board, Thin Aluminum Frame. *NSN:* 7110-00-NIB-0051—6′×4′, Cork Board, Oak Finish. *Coverage:* B-List for the broad Government requirement as specified by the General Services Administration. *NPA:* The Lighthouse for the Blind, Inc. (Seattle Lighthouse), Seattle, WA. *Contracting Activity:* General Service Administration, Federal Supply Service, National Furniture Acquisition Center, Arlington, VA. Shredders, Paper *NSN:* 7490-00-NIB-0009—Fellowes Model 970 Cross Cut. *NSN:* 7490-00-NIB-0011—Fellowes Model 4000 Cross Cut. *Coverage:* A-List for the total Government requirement as specified by the General Services Administration. *NSN:* 7490-00-NIB-0010—Fellowes Model 4000 Strip Cut. *Coverage:* B-List for the broad Government requirement as specified by the General Services Administration. *NPA:* L.C. Industries for the Blind, Inc., Durham, NC. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. SKILCRAFT Bath & Shower Scrubber & Refill *NSN:* M.R. 1101—SKILCRAFT Bath & Shower Scrubber. *NSN:* M.R. 1102—SKILCRAFT Bath & Shower Scrubber (Refill). *NPA:* Industries for the Blind, Inc., West Allis, WI. *Contracting Activity:* Defense Commissary Agency (DeCA), Fort Lee, VA. Services *Service Type/Location:* Custodial & Grounds Maintenance, Naval Operations Support Center, 1325 Helena Avenue, Helena, MT. *NPA:* Helena Industries, Inc., Helena, MT. *Contracting Activity:* Naval Facilities (NAVFAC)—Northwest, Silverdale, WA. *Service Type/Location:* Custodial Services, Malmstrom Air Force Base, Basewide, Malstrom AFB, MT. *NPA:* Skils'kin, Spokane, WA. *Contracting Activity:* AFSPC Malmstrom, Malmstrom Air Force Base, MT. *Service Type/Location:* Custodial Services, Navy Operational Support Center (NOSC), 1 Linsley, Plainville, CT. *NPA:* Easter Seals Greater Hartford Rehabilitation Center, Inc., Hartford, CT. *Contracting Activity:* Naval Facilities Engineering Command (NAVFAC)—Mid-Atlantic, PWD Portsmouth, Portsmouth, NH. *Service Type/Location:* Custodial Services, Senate Employee Child Care Center, 321 Massachusetts Avenue, NE. Washington, DC. *NPA:* Melwood Horticultural Training Center, Upper Marlboro, MD. *Contracting Activity:* The Architect of the Capitol, AOC Procurement Division, Washington, DC. *Service Type/Location:* Custodial Services, U.S. Post Office and Courthouse, 7th Ave. and Grant Street, Pittsburgh, PA. *NPA:* Goodwill Commercial Services, Inc., Pittsburgh, PA. *Contracting Activity:* General Services Administration, Public Buildings Service (3PK), Philadelphia, PA. *Service Type/Location:* Facilities Management, Naval Surface Warfare Center, Acoustic Research Detachment (ARD), Bayview, ID. *NPA:* Skookum Educational Programs, Bremerton, WA. *Contracting Activity:* Naval Facilities Engineering Command (NAVFAC)—Silverdale, WA. *Service Type/Location:* Document Destruction, Social Security Administration, 600 West Madison St, Chicago, IL. *NPA:* Goodwill Industries of Southeastern Wisconsin, Inc, Milwaukee, WI. *Contracting Activity:* Social Security Administration, Chicago, IL. *Service Type/Location:* Document Management & Administrative Services, Fort Rucker, Fort Rucker, AL. *NPA:* Lakeview Center, Inc., Pensacola, FL. *Contracting Activity:* Department of the Army, Directorate of Contracting, Fort Rucker, AL. *Service Type/Location(s):* Medical Transcription, VA Hudson Valley Health Care System, Montrose Campus, Route 9A, Montrose, NY; Castle Point Campus, Route 9D, Castle Point, NY. *NPA:* National Telecommuting Institute, Inc., Boston, MA. *Contracting Activity:* The Department of Veteran Affairs, VA Medical Center—Montrose Campus, Bronx, NY. *Service Type/Location:* Recycling Service, Internal Revenue Service Headquarters, 1111 Constitution Avenue, NW., Washington, DC. *NPA:* Didlake, Inc., Manassas, VA. *Contracting Activity:* U.S. Department of the Treasury, Internal Revenue Service Headquarters, Oxon Hill, MD. *Service Type/Location:* Vehicle Maintenance Services, Aberdeen Proving Ground, 4118 Susquehanna Ave, Aberdeen, MD. *NPA:* PRIDE Industries, Roseville, CA. *Contracting Activity:* General Services Administration, Federal Supply Service, Region 3 (3FPU), Philadelphia, PA. *Service Type/Location:* Recycling Service (6 Locations): Public Works Department

(PWD)Washington, Washington, DC; PWD Patuxent River, Patuxent River, MD; PWD North Potomac, Bethesda, MD; PWD Annapolis, Annapolis, MD; PWD South Potomac, Indian Head, MD and Dahlgren, VA; PWD Quantico, Quantico, VA. *NPA:* Melwood Horticultural Training Center, Upper Marlboro, MD. *Contracting Activity:* Naval Facilities Acquisition Command (NAVFAC)—Washington, Washington, DC. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-14027 Filed 6-19-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Notice Regarding Publication of Procurement List Proposed Additions; Additions and Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Notice Regarding Publication of Proposed Additions; Additions and Deletions to and from the Procurement List. Note: The Committee for Purchase customarily publishes notices of proposed additions and deletions and final notices on Fridays for the convenience of the public. Publication of the Committee's public notices in Document Number—2008-13361(2) took place on Monday, 06-16-2008 instead of the customary date, Friday, 06-13-2008. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-14025 Filed 6-19-08; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget

(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* High Seas Fishing Permit Application Information. *Form Number(s):* None. *OMB Approval Number:* 0648-0304. *Type of Request:* Regular submission. *Burden Hours:* 100. *Number of Respondents:* 200. *Average Hours per Response:* 30 minutes. *Needs and Uses:* United States (U.S.) vessels that fish on the high seas are required to possess a permit issued under the High Seas Fishing Compliance Act. The applicants must submit information to identify their vessels and intended fishing activities. The information is used to process applications and maintain a register of U.S. vessels authorized to fish on the high seas. *Affected Public:* Business or other for-profit organizations. *Respondent's Obligation:* Mandatory. *OMB Desk Officer:* David Rostker,

(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,

(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number

(202)395-7285, or *David_Rostker@omb.eop.gov* . Dated: June 16, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-13907 Filed 6-19-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget

(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Southeast Region Vessel Identification Requirements. *Form Number(s):* None. *OMB Approval Number:* 0648-0358. *Type of Request:* Regular submission. *Burden Hours:* 7,331. *Number of Respondents:* 9,774. *Average Hours per Response:* 45 minutes. *Needs and Uses:* The participants in the Federally-regulated Sargassum fishery in the Southeast Region of the United States are required to mark their fishing vessels (port and starboard sides of the deckhouse or hull, and weather deck) with the official identification number or some other form of identification. This identification is necessary to aid fishery enforcement activities and for purposes of gear identification concerning damage, loss, and civil proceedings. *Affected Public:* Business or other for-profit organizations. *Frequency:* Annually. *Respondent's Obligation:* Mandatory. *OMB Desk Officer:* David Rostker,

(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,

(202)395-7285, or *David_Rostker@omb.eop.gov* . Dated: June 16, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-13908 Filed 6-19-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget

(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* National Youth Volunteering and Civic Engagement Survey. *OMB Control Number:* 0607-0913. *Form Number(s):* None. *Type of Request:* Reinstatement, with change, of an expired collection. *Burden Hours:* 2,000. *Number of Respondents:* 8,000. *Average Hours Per Response:* 15 minutes. *Needs and Uses:* The purpose of this request for review is for the reinstatement of clearance for the National Youth Volunteering and Civic Engagement Survey (NYVCES). Although most questions remain the same from the initial submission, questions from the Civic Engagement Supplement to the Current Population Survey have been added at the request of the Corporation for National and Community Service (the Corporation). Throughout the history of the United States, Americans have valued an ethic of service. Today, Americans of all ages, backgrounds, and abilities are donating their time and talents to schools, churches, hospitals, and local nonprofits in an effort to improve their communities and serve a purpose greater than themselves. According to data collected over the past 30 years by the U.S. Census Bureau and the Bureau of Labor Statistics, Americans ages 16 and older are volunteering at historically high rates, giving their time to help others by mentoring students, beautifying neighborhoods, restoring homes after disasters, and much, much more. To deepen our understanding of volunteering among youth in America and to promote its growth, the Corporation has proposed conducting the 2008 NYVCES. This survey will be a continuation of the youth volunteering study conducted in 2005. At that time, Census collected information on volunteering and civic engagement from over 3,100 of the nation's youth ranging in age from 12 to 18 years old. As with the annual collection of adult volunteering activities, a recurring survey of this population will allow Census to track changes in the attitudes and behaviors of America's young people toward volunteering and civic engagement. Measuring the level of youth volunteering activities is critically important because volunteering is no longer just nice to do. It is a necessary aspect of meeting the most pressing needs facing our nation: crime, gangs, poverty, disasters, illiteracy, and homelessness. Data collection activities for the 2008 NYVCES are scheduled to begin in the fall of 2008. Respondents will provide information on their participation in volunteering and civic engagement activities for the twelve-month period that includes the 2007-2008 academic year and the 2008 summer break. This reference period will be similar to the reference period used in the September Current Population Survey

(CPS)Volunteer Supplement and the reference period used in the upcoming 2008 CPS Voting and Civic Engagement Supplement. The design of the survey, which includes questions also asked in the Volunteer and Voting and Civic Engagement Supplements, will allow for our evaluation of youth volunteering to be informed by the overall context of volunteering and civic engagement activities taking place across America by all age groups. All interviews will be conducted at the Census Bureau's Telephone Centers using Computer Assisted Telephone Interviewing

(CATI)technology. The chief purpose of the 2008 survey is to collect information on the motivations, attitudes, experiences, and demographics of youth in relation to volunteering, participation in school-based service and other forms of civic engagement, which will be utilized in promoting, managing, and evaluating volunteer participation at the national level for youth ranging in age from 12 to 18. A study of this rarely-evaluated segment of the volunteering population will provide important information to the Corporation, the federal agency responsible for providing national and community service opportunities for millions of Americans. For example, the Corporation's Learn and Serve America program encourages civic participation and volunteerism throughout the country by supporting service-learning programs that help more than one million young people, from kindergarten through college, meet community needs while improving their academic skills and learning the habits of good citizenship each year. Through the survey, Learn and Serve America will gain valuable information on teens' experience with and their attitudes towards service-learning, civic engagement, and volunteerism. Not only can teens make positive contributions toward meeting community needs through their volunteer activities, the behaviors and attitudes toward volunteering and civic engagement during childhood are reliable predictors of their behaviors and attitudes in adulthood. Through the survey, the AmeriCorps program, which provides service opportunities for Americans seventeen and older, will gain valuable information on the attitudes of this population toward national and community service. By understanding the unique needs and motivations of the teen population, we can better work to engage them in service both now and in the long term. Federal, state, and local agencies, nonprofit organizations and associations, schools, volunteer centers, and community and corporate foundations, among others, will use the data from this survey to promote the growth of active teen participation and engagement in the community. Participation patterns and trend information will assist in identifying effective strategies for attracting teens to community service and encouraging them to become actively involved in public and community service. This survey will collect priority data on educational attainment and school activities, participation in school-based service and volunteer activities, attitudes toward national and community service, and civic attitudes and behaviors. The survey will also collect information on types of organizations with which teens serve, the work teens perform at these organizations, the attitudes and motivations of teens that volunteer, and the reasons why some teens stop volunteering. *Affected Public:* Individuals or households. *Frequency:* On occasion. *Respondent's Obligation:* Voluntary. *Legal Authority:* Title 13, United States Code, Section 8. *OMB Desk Officer:* Brian Harris-Kojetin,

(202)395-7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,

(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *bharrisk@omb.eop.gov* ). Dated: June 16, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-13909 Filed 6-19-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; 2010 Decennial Census-American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin Islands AGENCY: U.S. Census Bureau. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: To ensure consideration, written comments must be submitted on or before August 19, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of questionnaires and instructions should be directed to Frank Vitrano, U.S. Census Bureau, Room 3H174, Washington, DC 20233-9200, 301-763-3961 (or via Internet at: *frank.a.vitrano@census.gov* ). SUPPLEMENTARY INFORMATION: I. Abstract The Census Bureau will conduct the 2010 Census operations in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin Islands (collectively referred to as the Island Areas) in partnership with the Government of each Island Area. The United States Constitution mandates that a census of the Nation's population be taken every ten years. In Title 13, U.S. Code, the Congress gave the Secretary of Commerce (delegated to the Director of the Census Bureau) authority to undertake the decennial census. The geographic scope of the decennial census is specified in Title 13 U.S.C., Section 191 as covering the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, Guam, and any other areas as may be determined by the Department of State. In the 2010 Census, Census also will enumerate the Pacific Island Area of American Samoa. The Census Bureau's goal in the 2010 Census is to take the most accurate and cost-effective census possible. The goal in selecting the 2010 Census questionnaire content for the Island Areas is to fulfill the many statutory data requirements of Federal agencies, as well as the needs of the Island Areas to administer governmental programs. Census data are the definitive benchmark for virtually all demographic information used by the Island Areas and local governments, policy makers, educators, journalists, and community and nonprofit organizations. Each Island Area government was asked to form an Interagency Committee, composed of data users from the public, and private sectors, to review the Census 2000 questionnaire and make recommendations for the 2010 Census. Based on the Census Bureau's review of the subject recommendations submitted by the Island Areas Interagency Committees, there will be one questionnaire for the Pacific Island Areas and a separate one for the U.S. Virgin Islands. The Census Bureau will collect demographic, social, economic, and housing characteristics from the Island Areas population. Many of the questions included on the questionnaires are the same as those on the stateside decennial census short form and the American Community Survey long-form questionnaires. Other questions, as recommended by the Island Areas Interagency Committees, are modifications of stateside questions, or questions that reflect the unique social, economic, and climatic characteristics of these areas. There will be no sampling for content in the Island Areas; all forms distributed will be long-forms. In the process of developing the data collection forms, the Census Bureau has tried to reduce respondent burden by including only those questions that are required in Federal or local law, or implied in the data requirements for the participation in Federal or local government programs. II. Method of Collection The Census Bureau will develop and sign a Memorandum of Agreement with the Governor of each of the Island Areas that outlines the mutual roles and responsibilities of each party in the conduct of the 2010 Census for each Island Area. A. Delivery Strategy for Questionnaires and Letters The Census Bureau will conduct a blanket mailing of unaddressed Advance Census Reports

(ACRs)to residential customers in each of the Island Areas. Housing units also will receive an advance letter before questionnaire delivery. Enumerators will visit each housing unit and pick up a completed ACR or conduct an interview with an Enumerator Questionnaire (EQ), if the respondent did not complete the ACR. Enumerators also will develop an address list for the area and map spot the location of each housing unit at the time of enumeration. This operation is called list/enumerate. *In summary, mailings will include:* • An advance notice letter that alerts households that the census form will be sent to them soon, and • An initial mailing package that includes the ACR If the mailed ACR is not completed upon arrival, the enumerator will conduct an interview using an EQ. B. Group Quarters

(GQ)Operation 1. *Group Quarters Advance Visit (GQAV):* The GQAV operation informs the GQ contact person of the upcoming GQ enumeration, addresses privacy and confidentiality concerns relating to personal identifiable information, and identifies any security issues, such as restricted access, required credentials, etc. Crew leaders visit all GQs and conduct an interview with the designated contact person to verify the GQ name, address, contact name, and phone number, and obtain an agreed upon date and time to conduct the enumeration and an expected Census Day population. The information collected during the interview is used to prepare the correct amount of census materials needed to conduct the enumeration at the facility. 2. *Group Quarters Enumeration (GQE):* The GQE operation will be conducted at the Group Quarters on the date agreed upon during the Advance Visit. During the GQE, three different enumeration methods can be used to enumerate the population:

(1)Interview residents in group quarters like college dormitories;

(2)distribute questionnaire packets for residents in colleges and universities to complete; and

(3)use administrative records in places where it is disruptive or unsafe for Census personnel, such as prisons. Enumerators will visit group quarters to develop a control list of all residents and distribute census questionnaires (Individual Census Reports or ICRs) for residents to complete, interview the residents and enter the data on the ICR, or use administrative records to complete the ICR. Enumerators collect and review completed ICRs to ensure that they are complete and legible. They also will complete an ICR for any resident on the control list who did not complete one. 3. *Service-Based Enumeration (SBE):* The SBE is designed to enumerate people experiencing homelessness and who may otherwise be missed during the enumeration of housing units and group quarters. People are enumerated at places where they receive services and at targeted non-sheltered outdoor locations. SBE locations likely will include shelters for people experiencing homelessness (emergency and transitional shelters, and hotels and motels providing shelter for people experiencing homelessness), domestic violence shelters, soup kitchens, regularly scheduled mobile food van stops, and targeted non-sheltered outdoor locations. This operation is conducted to provide an opportunity for people experiencing homelessness to be included in the census. 4. *Military Group Quarters Enumeration:* Military Group Quarters Enumeration is a special component of the GQE designed to enumerate military personnel assigned to barracks, dormitories, military treatment facilities, and disciplinary barracks and jails. Military Census Reports

(MCRs)are distributed to the residents of the military facilities. (Military families living in housing units on bases are enumerated using the list/enumerate methodology.) For people living or staying in Military GQs, the Census Bureau provides enumeration procedures, training and questionnaires to military personnel on the base who then conduct the actual enumeration. During the military enumeration, designated base personnel distribute census questionnaires to all military personnel assigned to the GQs, including all people in the disciplinary barracks and jails. Within a few days, base personnel collect the completed questionnaires, obtaining census information for any missing cases. Census staff return to the base to collect the completed questionnaires. 5. *Military/Vessels Enumeration

(MVE)in the Pacific Island Areas (PIAs):* The MVE is a special component of Group Quarters Enumeration designed to enumerate people residing on U.S. military ships in operation in the PIAs at the time of the census. This is also sometimes called “Shipboard Enumeration.” The MVE uses questionnaires which are distributed to every military vessel home-ported in the PIAs. The Census Bureau provides enumeration procedures, training, and questionnaires to personnel on the vessels who then conduct the actual enumeration. Designated vessel personnel distribute the census questionnaires to those living on the vessels, collect the completed questionnaires, and return them to the Local Census Offices in the PIAs. C. Field Follow-Up

(FFU)Operations The field follow-up operation tries to improve data quality and coverage by correcting Assignment Areas

(AAs)with failed edit or missing questionnaires. Additionally, enumerators will also confirm that housing units are correctly classified as vacant units. 1. *Failed-Edit Questionnaires:* During the clerical edit operation, questionnaires are examined by the Local Census Office

(LCO)clerks for completeness. Missing person or housing data are identified. Questionnaires which fail the office edit operation are assigned to LCO clerks to attempt a telephone interview with the households for which telephone numbers were provided on the questionnaires. Households that did not provide telephone numbers must be visited by enumerators to obtain the missing data. 2. *Missing Questionnaires:* After the initial field office merge operation is conducted, addresses are identified in the address registers for which there are no questionnaires. Enumerators will visit these addresses and complete questionnaires for each address. 3. *Vacant/Delete Check

(VDC)Field Operation:* The VDC Operation is an independent follow-up of selected addresses that are classified as vacant or delete. These addresses are assigned to a different enumerator than the enumerator who made the original classification. Enumerators will verify the Census Day (April 1, 2010) status of the assigned addresses and complete a census questionnaire for all VDC cases. In cases where a housing unit looks visibly demolished, the enumerator must conduct an interview with a proxy respondent ( *e.g.* , neighbor or mailman) to confirm that the housing unit was vacant on Census Day. If the housing unit looks occupied, an interview will be conducted with a household member to confirm the status of the unit on Census Day. Although the VDC workload is comprised of only cases identified as vacant, the VDC enumerator may determine that a case is vacant or occupied. III. Data *OMB Control Number:* None. *Form Numbers:* *Letters:* D-5(L) AS, Advance Letter—AS D-5(L) CNMI, Advance Letter—CNMI D-5(L) G, Advance Letter—Guam D-5(L) VI, Advance Letter—USVI (English, Spanish) D-13(L) AS, Cover Letter for Advanced Census Report—AS D-13(L) CNMI, Cover Letter for Advanced Census Report—CNMI D-13(L) G, Cover Letter for Advanced Census Report—Guam D-13(L) VI, Cover Letter for Advanced Census Report—USVI (English, Spanish) Questionnaires D-13 AS, Advanced Census Report—AS D-13 CNMI, Advanced Census Report—CNMI D-13 G, Advanced Census Report—Guam D-13 VI, Advanced Census Report—USVI D-2(E) AS, Enumerator Questionnaire—AS D-2(E) CNMI, Enumerator Questionnaire—CNMI D-2(E) G, Enumerator Questionnaire—Guam D-2(E) VI, Enumerator Questionnaire—USVI (English) D-2(E) VI Spanish, Enumerator Questionnaire—USVI (Spanish) D-2(E) SUPP AS, Enumerator Continuation Questionnaire—AS D-2(E) SUPP CNMI, Enumerator Continuation Questionnaire—CNMI D-2(E) SUPP G, Enumerator Continuation Questionnaire—Guam D-2(E) SUPP VI, Enumerator Continuation Questionnaire—USVI D-2(E) SUPP VI Spanish, Enumerator Continuation Questionnaire—USVI Spanish D-20 PI, Individual Census Report—Pacific Islands D-20 VI, Individual Census Report—USVI D-21 PI, Military Census Report D-23 PI, Shipboard Census Report—Pacific Islands *Job Aids:* D-1(F) PI, Enumerator Job Aid—Pacific Islands D-1(F) VI, Enumerator Job Aid—USVI *Notices:* D-26 PI, Notice of Visit—Pacific Islands D-26 VI, Notice of Visit—USVI D-31 PI, Confidentiality Notice—Pacific Islands D-31 VI, Confidentiality Notice—USVI. *Type of Review:* Regular submission. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 11,100 households in American Samoa; 19,400 households in the Commonwealth of the Northern Mariana Islands; 52,500 households in Guam; 55,300 households in the U.S. Virgin Islands. *Estimated Time Per Response:* American Samoa Census Form: 64 minutes; the Commonwealth of the Northern Mariana Islands Census Form: 47 minutes; Guam Census Form: 43 minutes; the U.S. Virgin Islands Census Form: 42 minutes. *Estimated Total Annual Burden Hours:* American Samoa Census Form: 11,840 hours; the Commonwealth of the Northern Mariana Islands Census Form: 15,197; Guam Census Form: 37,625 hours; the U.S. Virgin Islands Census Form: 38,710 hours. *Estimated Total Annual Cost:* $0. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13 U.S.C. Sections 141 and 191. IV. Request for Comments *Comments are invited on:*

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: June 16, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-13906 Filed 6-19-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 080604733-8735-01] RIN 0648-XI35 Endangered and Threatened Species; Sea Turtles AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of request for nominations for the Head of the IAC Secretariat. SUMMARY: The Parties to the InterAmerican Convention for the Protection and Conservation of Sea Turtles

(IAC)agreed at the October 2007 Extraordinary Meeting of Parties to a procedure and terms of reference to select the Head of the Secretariat. Therefore, in accordance with that resolution, the United States Government is seeking nominations for the position of the Head of the Secretariat. The United States Government will nominate a candidate to the position. At the November 2008 Conference of Parties, the Parties will choose from all the nominations a Head of the Secretariat. DATES: Nominations must be submitted by 5pm eastern Friday, June 20, 2008, per the instructions below. ADDRESSES: Send comments by any one of the following methods.

(1)Electronic Submissions: Submit all letters of interest via e-mail to: *Alexis.Gutierrez@noaa.gov* . Include in the subject line of the e-mail the following identifier: Letter of Interest for the Head of the IAC Secretariat. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

(2)Fax: 301-713-0376, Attn: U.S. Focal Point for the IAC, Ms. Alexis T. Gutierrez

(3)Mail, Attn: U.S. Focal Point for the IAC, Ms. Alexis T. Gutierrez, Office of Protected Resources, 13th Floor, 1315 East-West Highway, Silver Spring, MD 20910

(4)General Information about the IAC can be found at *www.iacseaturtle.org* . FOR FURTHER INFORMATION CONTACT: Alexis T. Gutierrez (ph. 301-713-2322, fax 301-427-2522). SUPPLEMENTARY INFORMATION: Background In 2001, the InterAmerican Convention for the Protection and Conservation of Sea Turtles

(IAC)came into force. The objective of the Convention is to promote the protection, conservation and recovery of sea turtle populations and of the habitats on which they depend, based on the best available scientific evidence, taking into account the environmental, socioeconomic and cultural characteristics of the Parties. There are currently 13 parties to the Convention. For the last seven years, the IAC has operated through a *Pro Tempore* Secretariat. The term of the current Pro Tempore Secretariat will expire at the end of 2008. The Parties are currently seeking candidates for the position of Head of the Secretariat. Under resolution CIT-COPE1-2007-R1, each Party is responsible for nominating a candidate for consideration as the Head of the Secretariat. The United States government is using this **Federal Register** notice to solicit individuals who wish to be considered for this position. After evaluation of those individuals, the United States Government will submit a nomination to be considered by the Conference of Parties. The applicant will be informed of their selection as the United States nominee prior to the submission. After all the Parties have submitted applicants, the Parties will select the top four candidates to be interviewed at the November 2008 Conference of Parties meeting in Honduras. At that same meeting, the Parties will choose a Head of the Secretariat. The candidate selected to be the Head of the Secretariat, will be expected to begin in January of 2009. All nominations for the position must meet the requirements outlined in IAC Resolution (CIT-COPE1-2007-R1). This resolution can be found at *http://www.iacseaturtle.org/iacseaturtle/English/download/CIT-COPE1-2007-R1%20Eng.pdf* . Information regarding the IAC, such as the text of the Convention, approved resolutions, Parties and more can be found at www.iacseaturtle.org. All letters of interest should contain the following information, and be submitted to the individual listed in ADDRESSES by 5pm eastern, Friday, June 27, 2008: 1. A cover letter to Ms. Alexis T. Gutierrez, United States Government focal point, containing a statement of purpose of the application and succinct descriptions of the applicant experiences and abilities. 2. Curriculum Vitae 3. List of publications, if available. 4. Three letters of reference from persons with a recent knowledge of the applicant's character, qualifications and experience. Authority: Endangered Species Act, Title 16, United States Code, Section 1536 *et seq.* Dated: June 16, 2008. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. E8-13986 Filed 6-19-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of the Secretary U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee Closed Meetings AGENCY: Department of Defense. ACTION: Notice. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. paragraph 552b, as amended), and 41 CFR paragraph 102-3.150, the Department of Defense announces the following meetings of the U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee. DATES: July 8, 2008 (8:30 a.m. to 4:30 p.m.) and July 9, 2008 (8:30 a.m. to 5 p.m.) ADDRESSES: Pentagon Conference Center M4 and B6 respectively. FOR FURTHER INFORMATION CONTACT: Mr. William L. Jones,

(703)681-8681, U.S. Nuclear Command and Control System Support Staff (NSS), Skyline 3, 5201 Leesburg Pike, Suite 500, Falls Church, Virginia 22041. SUPPLEMENTARY INFORMATION: *Purposes of the Meetings:* To provide an overview of Nuclear Command and Control System assessments and to present Research Group Plans of Action and Milestones in support of the Review's objectives. Agenda, July 8, 2008 Time Topic Presenter 8:30 am Administrative Remarks CAPT Budney, USN

(NSS)8:50 am NCCS Annual Report Mr. Rogers

(NSS)9:10 am Joint Surety Report ATSD(NCB)/NM 9:30 am Weapons Oversight (NWC's role) ATSD(NCB)/NM 9:50 am Break 10:10 am DoD National Leadership Command Capabilities Oversight OASD(NII) 10:30 am DoD IG Nuclear Weapons-related audits DoD IG 10:50 am Relevant GAO Reports TBD 11:15 am Lunch 12:30 pm DSB Task Force on Nuclear Weapons Surety Unauthorized Movement of Nuclear Weapons Gen

(Ret)Larry Welch 1:00 pm Air Force Command-Directed Investigation Air Staff 1:30 pm Air Force Blue Ribbon Review Air Staff 2:00 pm Break 2:15 pm DSB Task Force on Nuclear Weapons Surety Report on the Navy Nuclear Enterprise Gen

(Ret)Larry Welch 2:45 pm Readiness and Reliability Fleet Review ComSubFor for Navy Staff 3:15 pm Nuclear Survivability and Assessment Mr. Andy Metzger (STRATCOM) 4:00 pm Executive Session 4:30 pm Adjourn Agenda, July 9, 2008 Time Topic Presenter 8:30 am Administrative Remarks CAPT Budney, USN

(NSS)8:45 am Physical and Personnel Security Mr. Devin Biniaz

(OSD)Mr. Jeff Everett

(SNL)9:15 am Recapture/Recovery Mr. Steve Wanzer

(NNSA)Ms. Pam Piersanti

(FBI)9:45 am Accident/Incident Ms. Alane Andreozzi

(DTRA)Ms. Patricia Garcia

(NNSA)10:15 am Break 10:30 am Warhead and Stockpile Management Mr. Tim Driscoll Mr. Sean McDonald

(OSD)11:00 am Weapons Delivery Systems CAPT Bob Vince, USN

(SSP)Col Rob Hyde, USAF

(AFIA)11:30 am Nuclear Command and Control Mr. Bob Servant (STRATCOM) 12:00 pm Lunch 1:00 pm Force Planning Mr. Jim Colasacco (STRATCOM) 1:30 pm Information Assurance Mr. Chuck Nicholson (STRATCOM) Ms. Gloria Serrao

(NSA)2:00 pm Break 2:15 pm Situational Awareness & ITW/AA Col Steve Winters, USAF (AFSPC) Col Albert Zelenak, USAF (STRAT) 2:45pm Communications Mr. John Goodman

(DISA)Mr. Tom McNamara

(JHU)Mr. Bill Thoms

(DISA)3:15 pm Threat/Intelligence Mr. Kurzenhauser

(ODNI)Mr. Mike Holtz

(DOE)3:45 pm Crisis Support Mr. Bill Lublin

(JS)4:15 pm Executive Session 5:00 pm Adjourn Pursuant to 5 U.S.C. paragraph. 552b, as amended, and 41 CFR paragraph. 102-3.155, the Department of Defense has determined that the meeting shall be closed to the public. The Director, U.S. Nuclear Command and Control System Support Staff, in consultation with his General Counsel, has determined in writing that the public interest requires that all sessions of the committee's meeting will be closed to the public because they will be concerned with classified information and matters covered by section 5 U.S.C. paragraph 552b(c)(1). *Committee's Designated Federal Officer:* Mr. William L. Jones,

(703)681-8681, U.S. Nuclear Command and Control System Support Staff (NSS), Skyline 3, 5201 Leesburg Pike, Suite 500, Falls Church, Virginia 22041. *William.jones@nss.pentagon.mil* Pursuant to 41 CFR paragraphs 102-3.105(j) and 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, the public or interested organizations may submit written statements at any time to the Nuclear Command and Control System Federal Advisory Committee about its mission and functions. All written statements shall be submitted to the Designated Federal Officer for the Nuclear Command and Control System Federal Advisory Committee. He will ensure that written statements are provided to the membership for their consideration. Written statements may also be submitted in response to the stated agenda of planned committee meetings. Statements submitted in response to this notice must be received by the Designated Federal Official at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after that date may not be provided to or considered by the Committee until its next meeting. All submissions provided before that date will be presented to the committee members before the meeting that is subject of this notice. Contact information for the Designated Federal Officer is listed above. Dated: June 16, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-13987 Filed 6-19-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2008-OS-0071] Privacy Act of 1974; System of Records AGENCY: National Security Agency/Central Security Service, DoD ACTION: Notice to Delete a System of Records. SUMMARY: The National Security Agency/Central Security Service is deleting a system of records notice from its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on July 21, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the National Security Agency/ Central Security Service, Office of Policy, 9800 Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248. FOR FURTHER INFORMATION CONTACT: Ms. Anne Hill at

(301)688-6527. SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. Dated: June 16, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. Deletion GNSA 13 System Name: NSA/CSS Archival Records (February 22, 1993, 58 FR 10531). Reason: The NSA Archives were set up to maintain historical information on NSA/CSS activities and does not maintain personal information about individuals. The information stored in the NSA Archives is indexed and routinely retrieved by subject matter. While the databases that contain the Archived information have the capability to do a keyword search on names, this type of search is rarely done. [FR Doc. E8-13995 Filed 6-19-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary of Defense Renewal of Department of Defense Federal Advisory Committees AGENCY: Department of Defense. ACTION: Notice. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel). The Panel is a non-discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense, the Assistant Secretary of Defense (Health Affairs) and the Director, TRICARE Management Activity independent advice and recommendations on the development of the uniform formulary. The Panel, in accomplishing its mission:

(a)Creates transparency in the policy decisions regarding the DoD Uniform Formulary;

(b)provides public forum where beneficiaries may voice their opinions regarding formulary changes allowing panel members, who represent their interests, to advocate for change within their member organizations and beyond. The Panel shall be composed of not more than 15 members, who shall include members that represent

(a)Non-Government organizations and associations that represent the views and interests of a large number of eligible covered beneficiaries;

(b)contractors responsible for the TRICARE retail pharmacy program;

(c)contractors responsible for the national mail-order pharmacy program; and

(d)TRICARE network providers. Panel members appointed by the Secretary of Defense, who are not federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109 and with the exception of travel and per diem for official travel, shall serve without compensation, unless otherwise authorized by the Secretary of Defense. The Secretary of Defense shall renew the appointments of these Special Government Employees on an annual basis. The Under Secretary of Defense (Personnel and Readiness) or designed representative shall select the Panel's Chairperson from the total Panel membership. The Panel shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and other appropriate federal regulations. Such subcommittees or workgroups shall not work independently of the chartered Panel, and shall report all their recommendations and advice to the Panel for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Panel nor can they report directly to the Department of Defense or any federal officers or employees who are not Panel members. FOR FURTHER INFORMATION CONTACT: Contact Jim Freeman, Deputy Committee Management Officer for the Department of Defense, 703-601-6128. SUPPLEMENTARY INFORMATION: The Panel shall meet at the call of the Panel's Designated Federal Officer, in consultation with the Panel's chairperson. The Designated Federal Officer, pursuant to DoD policy, shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all Panel meetings and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Uniform Formulary Beneficiary Advisory Panel membership about the Panel's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Uniform Formulary Beneficiary Advisory Panel. All written statements shall be submitted to the Designated Federal Officer for the Uniform Formulary Beneficiary Advisory Panel, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Uniform Formulary Beneficiary Advisory Panel's Designated Federal Officer can be obtained from the GSA's FACA Database— *https://www.fido.gov/facadatabase/public.asp.* The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Uniform Formulary Beneficiary Advisory Panel. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question. Dated: June 16, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-13992 Filed 6-19-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2008-OS-0072] U.S. Court of Appeals for the Armed Forces Proposed Rules Change ACTION: Notice of Proposed Change to the Rules of Practice and Procedure of the United States Court of Appeals for the Armed Forces. SUMMARY: This notice announces the following proposed change to Rule 21(f) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces for public notice and comment. New language is in bold print. Language to be removed is within brackets. DATES: Comments on the proposed change must be received within 30 days of the date of this notice. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number

(RIN)and title by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *Mail:* Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. *Instructions:* All submissions received must include the agency name and docket number or RIN for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://regulations.gov* as they are received without change, including personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the Court, telephone

(202)761-1448. Dated: June 16, 2008. Patricia L. Toppings, OSD Federal Liaison Officer, DoD. Rule 21 (a)-(e) unchanged.

(f)[An appellant or counsel for an appellant may move to withdraw his petition at any time. See Rule 30.]

(f)An appellant or counsel for an appellant may move to withdraw his petition at any time by filing a motion pursuant to Rule 30. Such a motion shall substantially comply with the requirements of Rule for Courts-Martial 1110, and be accompanied by a written request for withdrawal that includes the following:

(1)A statement that the appellant and counsel for the appellant have discussed the appellant's right to appellate review, the effect of withdrawal, and that the appellant understands these matters;

(2)A statement that the motion to withdraw the petition is submitted voluntarily and cannot be revoked; and

(3)The signatures of the appellant and counsel for the appellant. *Comment:* The requirements for submitting a motion to withdraw a petition for grant of review should be changed to ensure that the appellant is personally aware of the motion and that it is submitted voluntarily with full knowledge of its meaning and effect. [FR Doc. E8-13997 Filed 6-19-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY: Department of Energy. ACTION: Notice of Open Meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Wednesday, July 9, 2008, 6 p.m. ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, Tennessee. FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831. Phone

(865)576-4025; Fax

(865)576-2347 or e-mail: *halseypj@oro.doe.gov* or check the Web site at *www.oakridge.doe.gov/em/ssab.* SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. *Tentative Topic:* The main meeting topic will be the Environmental Management Cleanup History and Progress and how the Oak Ridge SSAB has influenced the program. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Pat Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes will be available by writing or calling Pat Halsey at the address and phone number listed above. Minutes will also be available at the following website: *http://www.oakridge.doe.gov/em/ssab/minutes.htm.* Issued at Washington, DC on June 16, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8-14030 Filed 6-19-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 6951-014] Fall Line Hydro Company, Inc.; Tallassee Shoals, LLC; Notice of Application for Transfer of License, and Soliciting Comments, Motions To Intervene, and Protests June 13, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Transfer of License. b. *Project No.:* 6951-014. c. *Date Filed:* May 30, 2008. d. *Applicants:* Fall Line Hydro Company, Inc. (transferor) and Turnbull Hydro, LLC (Transferee). e. *Name and Location of Project:* Tallassee Shoals Project is located on the Middle Oconee River in Clarke and Jackson Counties, Georgia. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. g. *Applicant Contacts:* For the transferor: Robert A. Davis, Fall Line Hydro Company, Inc., 390 Timber Laurel Lane, Lawrenceville, GA 30043. For the transferee: Walter A. Puryear, Tallassee Shoals, LLC, 2399 Tallassee Road, Athens, GA 30607. h. *FERC Contact:* Robert Bell at

(202)502-6062. i. *Deadline for filing comments, protests, and motions to intervene:* July 14, 2008. All documents (original and eight copies) should be filed with: Kimberly Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the documents on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Tallassee Shoals Project from Fall Line Hydro Company, Inc., to Tallassee Shoals, LLC. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number (P-3255) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-6062. i. *Deadline for filing comments, protests, and motions to intervene:* July 14, 2008. All documents (original and eight copies) should be filed with: Kimberly Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the documents on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Cornwell Project from Howard and Verna Cornwell, to Joe Vavuris and Ryan Wiegel, in light of an April 7, 2006 conveyance of project property. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number (P-3255) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-6062. i. *Deadline for filing comments, protests, and motions to intervene:* July 14, 2008. All documents (original and eight copies) should be filed with: Kimberly Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the documents on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Fishwater Release Project from Orange Cove Irrigation District, to Orange Cove Irrigation District and Friant Power Authority, in light of an April 7, 2006 conveyance of project property. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number (P-11068) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-6062. i. *Deadline for filing comments, protests, and motions to intervene:* July 14, 2008. All documents (original and eight copies) should be filed with: Kimberly Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the Project Number on any comments or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the documents on that resource agency. j. *Description of Application:* Applicants seek Commission approval to transfer the license for the Mill Coulee Drops Project from Wade Jacobsen, to Turnbull Hydro, LLC. k. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number (P-3255) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the addresses in item g above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. *Comments, Protests, or Motions to Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. n. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and eight copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicants specified in the particular application. o. *Agency Comments* —Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicants. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicants' representatives. Kimberly Bose, Secretary. [FR Doc. E8-13949 Filed 6-19-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 June 16, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP96-200-192. *Applicants:* CenterPoint Energy Gas Transmission Co. *Description:* CenterPoint Energy Gas Transmission Co. submits two negotiated rate agreements with Connect Energy Services, LLC. *Filed Date:* 06/13/2008. *Accession Number:* 20080613-0074. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 25, 2008. *Docket Numbers:* RP08-358-001. *Applicants:* CenterPoint Energy Gas Transmission Co. *Description:* CenterPoint Energy Gas Transmission Co. submits Substitute Thirteenth Revised Sheet 32 *et al.* to FERC Gas Tariff, Sixth Revised Volume 1 to comply with the Commission's Letter Order issued on 5/29/08, effective 6/1/08. *Filed Date:* 06/13/2008. *Accession Number:* 20080616-0001. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 25, 2008. *Docket Numbers:* RP08-360-001. *Applicants:* Northern Natural Gas Company. *Description:* Northern Natural Gas Co. submits supportive information in compliance with FERC's 5/29/08 Order. *Filed Date:* 06/11/2008. *Accession Number:* 20080612-0201. *Comment Date:* 5 p.m. Eastern Time on Monday, June 23, 2008. *Docket Numbers:* RP08-340-001. *Applicants:* Cheyenne Plains Gas Pipeline Company LLC. *Description:* Cheyenne Plains Gas Pipeline Company, LLC's compliance filing of workpapers in support of the fuel gas and lost and unaccounted for gas reimbursement percentages. *Filed Date:* 06/12/2008. *Accession Number:* 20080613-0075. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 24, 2008. *Docket Numbers:* RP08-404-000. *Applicants:* Williston Basin Interstate Pipeline Co. *Description:* Williston Basin Interstate Pipeline Co. submits Fourteenth Revised Sheet 376 and 376A to FERC Gas Tariff, Second Revised Volume 1, to become effective 6/10/08. *Filed Date:* 06/10/2008. *Accession Number:* 20080611-0128. *Comment Date:* 5 p.m. Eastern Time on Monday, June 23, 2008. *Docket Numbers:* RP08-405-000. *Applicants:* National Fuel Gas Supply Corporation. *Description:* Petition of National Fuel Gas Supply Corp. for Waiver of Tariff Provisions. *Filed Date:* 06/10/2008. *Accession Number:* 20080611-0129. *Comment Date:* 5 p.m. Eastern Time on Monday, June 23, 2008. *Docket Numbers:* RP08-406-000. *Applicants:* El Paso Natural Gas Company. *Description:* El Paso Natural Gas Co submits a request for waiver of Section 5.1(a) of the General Terms and Conditions re FERC Gas Tariff, Second Revised Volume 1A. *Filed Date:* 06/11/2008. *Accession Number:* 20080612-0202. *Comment Date:* 5 p.m. Eastern Time on Monday, June 23, 2008. *Docket Numbers:* RP08-407-000. *Applicants:* El Paso Natural Gas Company. *Description:* El Paso Natural Gas Co submits Fifth Revised Sheet 226 to FERC Gas Tariff, Second Revised Volume 1A, to become effective on 7/14/08. *Filed Date:* 06/11/2008. *Accession Number:* 20080612-0203. *Comment Date:* 5 p.m. Eastern Time on Monday, June 23, 2008. *Docket Numbers:* RP08-408-000. *Applicants:* Saltville Gas Storage Company L.L.C. *Description:* Saltville Gas Storage Company, LLC submits First Revised Sheet 3 to FERC Gas Tariff, Original Volume 1, to become effective 7/12/08. *Filed Date:* 06/12/2008. *Accession Number:* 20080613-0007. *Comment Date:* 5 p.m. Eastern Time on Tuesday, June 24, 2008. *Docket Numbers:* RP08-358-001. *Applicants:* CenterPoint Energy Gas Transmission Co. *Description:* CenterPoint Energy Gas Transmission Co submits Substitute Thirteenth Revised Sheet 32 *et al* to FERC Gas Tariff, Sixth Revised Volume 1 to comply with the Commission's Letter Order issued on 5/29/08, effective 6/1/08. *Filed Date:* 06/13/2008. *Accession Number:* 20080616-0001. *Comment Date:* 5 p.m. Eastern Time on Wednesday, June 25, 2008. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-13904 Filed 6-19-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OA07-38-001] Southern Company Services, Inc.; Notice of Filing June 13, 2008. Take notice that on May 14, 2008, Southern Company Services, Inc., acting as agent for Alabama Power Company, Georgia Power Company, Gulf Power Company, and Mississippi Power Company, tendered for filing revised tariff sheet in compliance with Commission's April 14 Order. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. *Comment Date:* 5 p.m. Eastern Time on June 23, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-13947 Filed 6-19-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER08-765-000; ER08-765-001] KD Power Marketing Services, LLC; Notice of Issuance of Order June 13, 2008. KD Power Marketing Services, LLC (KD Power) filed an application for market-based rate authority, with an accompanying tariff. The proposed market-based rate tariff provides for the sale of energy, capacity and ancillary services at market-based rates. KD Power also requested waivers of various Commission regulations. In particular, KD Power requested that the Commission grant blanket approval under 18 CFR Part 34 of all future issuances of securities and assumptions of liability by KD Power. On June 11, 2008, pursuant to delegated authority, the Director, Division of Tariffs and Market Development-West, granted the requests for blanket approval under Part 34 (Director's Order). The Director's Order also stated that the Commission would publish a separate notice in the **Federal Register** establishing a period of time for the filing of protests. Accordingly, any person desiring to be heard concerning the blanket approvals of issuances of securities or assumptions of liability by KD Power, should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission encourages the electronic submission of protests using the FERC Online link at *http://www.ferc.gov.* Notice is hereby given that the deadline for filing protests is July 11, 2008. Absent a request to be heard in opposition to such blanket approvals by the deadline above, KD Power is authorized to issue securities and assume obligations or liabilities as a guarantor, indorser, surety, or otherwise in respect of any security of another person; provided that such issuance or assumption is for some lawful object within the corporate purposes of KD Power, compatible with the public interest, and is reasonably necessary or appropriate for such purposes. The Commission reserves the right to require a further showing that neither public nor private interests will be adversely affected by continued approvals of KD Power's issuance of securities or assumptions of liability. Copies of the full text of the Director's Order are available from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Commission's Web site at *http://www.ferc.gov,* using the eLibrary link. Enter the docket number excluding the last three digits in the docket number filed to access the document. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)

(iii)and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Kimberly D. Bose, Secretary. [FR Doc. E8-13951 Filed 6-19-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-8582-9] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements

(EISs)was published in FR dated April 11, 2008 (73 FR 19833). Draft EISs EIS No. 20070299, ERP No. D-AFS-J65488-WY, Battle Park Cattle and Horse (C&H) and Mistymoon Sheep and Goat (S&G) Allotment Project, Proposes to Continue Livestock Grazing on both Allotments, Powder River District Ranger, Bighorn National Forest, Bighorn County, WY. *Summary:* EPA expressed environmental concerns about impacts to soil and water resources, and recommended including more information on water quality, current extent of invasive species, and drought mitigation planning. Rating EC2. EIS No. 20080015, ERP No. D-BLM-J65505-WY, Westside Land Conveyance Project, Congressionally-Mandated Transfer of 16,500 Acres of Public Land to the Westside Irrigation District, Big Horn and Washakie Counties, WY. *Summary:* EPA expressed environmental concerns about water quality impacts from crop production on newly irrigated lands. The final EIS should include measures to avoid or mitigate impacts to the Big Horn River. Rating EC2. EIS No. 20080092, ERP No. D-BIA-J01082-MT, Absaloka Mine Crow Reservation South Extension Coal Lease Approval, Proposed Mine Development Plan, and Related Federal and State Permitting Actions, Crow Indian Reservation, Crow Tribe, Bighorn County, MT. *Summary:* EPA expressed environmental concerns about impacts to ground and surface water and cumulative air impacts. Rating EC2. EIS No. 20080119, ERP No. D-USN-K10011-CA, Southern California Range Complex, To Organize, Train, Equip, and Maintain Combat-Ready Naval Forces, San Diego, Orange and Los Angeles Counties, CA. *Summary:* EPA expressed environmental concerns about impacts to marine resources. Rating EC2. EIS No. 20080133, ERP No. D-NPS-G65108-TX, Guadalupe Mountains National Park, General Management Plan, Implementation, Culberson and Hudspeth Counties, TX. *Summary:* EPA does not object to the preferred alternative. Rating LO. Final EISs EIS No. 20080140, ERP No. F-DOI-J39030-UT, Lower Duchesne River Wetlands Mitigation Project (LDWP), Restoration Measures in the Lower Duchesne River Area, Strawberry Aqueduct and Collection System

(SACS)on portion of the Strawberry Reservoir, Implementation, Ute Indian Tribe, NPDES and U.S. Army COE section 404 Permits, Duchesne, Utah, Uintah Counties, UT. *Summary:* No formal comment letter was sent to the preparing agency. EIS No. 20080145, ERP No. F-FRC-F03011-00, Rockies Express Pipeline Project, (REX-East), Construction and Operation of Natural Gas Pipeline Facilities, WY, NE, MO, IL, IN and OH. *Summary:* EPA continues to have environmental concerns about impacts to surface/ground water, wetlands, air quality, and upland forest habitat, and recommends additional mitigation plans/measures be included in the ROD or equivalent FERC order. EIS No. 20080152, ERP No. F-FRC-E05103-NC, Yadkin—Yadkin-Pee Dee Hydro Electric Project (Docket Nos. P-2197-073 & P-2206-030), Issuance of New Licenses for the Existing and Proposed Hydropower Projects, Yadkin—Yadkin-Pee Dee Rivers, Davidson, Davie, Montgomery, Rowan, Stanly, Anson and Richmond Counties, NC. *Summary:* EPA's previous concerns have been resolved; therefore, EPA does not object to the proposed action. EIS No. 20080178, ERP No. F-AFS-J65486-UT, Big Creek Vegetation Treatment Project, Preferred Alternative is 1, To Treat 4,800 Acres of Aspen Conifer and Sagebrush Communities, Ogden Ranger District, Wasatch-Cache National Forest, Rich County, UT. *Summary:* No formal comment letter was sent to the preparing agency. EIS No. 20080151, ERP No. FA-AFS-K65286-CA, Watdog Project, Additional Clarification of Changes Between the Final EIS

(2005)and Final Supplement EIS (2007), Feather River Ranger District, Plumas National Forest, Butte and Plumas Counties, CA. *Summary:* EPA continues to have environmental concerns about cumulative impacts to watersheds and short-term impacts to old-forest species, and recommends a less-intensive harvest alternative. EIS No. 20080173, ERP No. FS-FTA-G40190-TX, North Corridor Fixed Guideway Project, Updated/Additional Information on the Locally Preferred Alternative, Propose Transit Improvements from University of Houston (UH)-Downtown Station to Northline Mall, Harris County, TX. *Summary:* No formal comment letter was sent to the preparing agency. EIS No. 20080179, ERP No. FS-FTA-G40191-TX, Southeast Corridor Project, Preferred Alternative is the Light Rail Alternative, Proposed Fixed-Guideway Transit System, Funding, Metropolitan Transit Authority (METRO) of Harris County, Houston, Harris County, TX. *Summary:* No formal comment letter was sent to the preparing agency. Dated: June 17, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8-14004 Filed 6-19-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-8582-8] Environmental Impact Statements; Notice of Availability *Responsible Agency:* Office of Federal Activities, General Information

(202)564-7167 or *http://www.epa.gov/compliance/nepa/* . Weekly receipt of Environmental Impact Statements Filed 06/09/2008 through 06/13/2008 Pursuant to 40 CFR 1506.9. *EIS No. 20080234, Draft EIS, AFS, WA,* Dosewallips Road Washout Project, to Reestablish Road Access to both Forest Service Road

(FSR)2610 and Dosewallips Road, Hood Canal Ranger District Olympic National Forest, Olympic National Park, Jefferson County, WA, *Comment Period Ends:* 08/19/2008, *Contact:* Tim Davis 360-956-2375. *EIS No. 20080235, Final Supplement, NOA, AK,* Cook Inlet Beluga Whale Subsistence Harvest Project, Proposes to Implement a Long-Term Harvest Plan and Fulfill the Federal Government's Trust Responsibility, Cook Inlet, AK, *Wait Period Ends:* 07/21/2008, *Contact:* Robert D Mecum 907-586-7235. *EIS No. 20080236, Final EIS, BIA, WA,* Spokane Tribes Integrated Resource Management Plan

(IRMP)for the Spokane Indian Reservation, Implementation, Stevens County, WA, *Wait Period Ends:* 07/21/2008, *Contact:* Donna Smith 509-258-4561. *EIS No. 20080237, Draft EIS, NPS, SD* , Wind Cave National Park Project, Elk General Management Plan, Implementation, Custer County, SD, *Comment Period Ends:* 08/18/2008, *Contact:* Nick Chevance 402-661-1844. *EIS No. 20080238, Draft EIS, AFS, WY,* Off-Highway Vehicle

(OHV)Route Designation Project, Proposing to Improve Management of Public Summer Motorized Use (May 1-November 30) by Designating Roads and Motorized Trails, Bridger-Teton National Forest, Buffalo, Jackson and Big Piney Ranger Districts, Teton, Lincoln and Sublette Counties, WY, *Comment Period Ends:* 08/04/2008, *Contact:* Linda Merigliano 307-739-5428. *EIS No. 20080239, Draft Supplement, UAF, MA,* Pave Paws Early Warning Radar Operation Project, Continued Operation of the Solid-State Phased-Array Radar System (SSPARS), also known as Pave, Phased Array Warning Systems (PAWS), Cape Cod Air Force Station, MA, *Comment Period Ends:* 08/04/2008, *Contact:* Lynne Neuman 719-554-6406. *EIS No. 20080240, Draft EIS, DOA, 00,* PROGRAMMATIC—Geothermal Leasing in the Western United States, *Comment Period Ends:* 09/17/2008, *Contact:* Jack G. Peterson 208-373-4048. Department of the Interior/Bureau of Land Management and Department of Agriculture/Forest Service's are Joint Lead Agencies for the above project. The contact person for

(BLM)is Jack G. Peterson at 208-373-4048 and the contact person for

(AFS)is Tracy Parker at 703-605-4796. Amended Notices *EIS No. 20080125, Draft EIS, FHW, NC,* I-26 Connector Project, Proposed Multi-Land Freeway from I-40 to US19-23-70 North of Asheville, Funding, U.S. Coast Guard Permit, U.S. Army COE section 10 and 404 Permit, Buncombe County, Asheville, NC, *Comment Period Ends:* 06/23/2008, *Contact:* John F. Sullivan III, P.E. 919-856-4346 Ext. 122. Revision of FR Notice Published 04/11/2008: Extending Comment from 05/19/2008 to 06/23/2008. *EIS No. 20080186, Draft EIS, FAA, NV,* City of Mesquite, Proposed Replacement General Aviation Airport, Implementation, Clark County, NV, *Comment Period Ends:* 07/18/2008, *Contact:* Barry Franklin 650-876-2778. Revision to FR Notice Publish 05/16/2008: Extending Comment from 07/03/2008 to 07/18/2008. Dated: June 17, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8-14005 Filed 6-19-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0449; FRL-8683-4] Proposed Approval of the Central Characterization Project's Transuranic Waste Characterization Program at Oak Ridge National Laboratory AGENCY: Environmental Protection Agency. ACTION: Notice of availability; opening of public comment period. SUMMARY: The Environmental Protection Agency (EPA or we) is announcing the availability of, and soliciting public comments for 45 days on, the proposed approval of the radioactive, contact-handled (CH), transuranic

(TRU)waste characterization program implemented by the Central Characterization Project

(CCP)at Oak Ridge National Laboratory

(ORNL)in Oak Ridge, Tennessee. This waste is intended for disposal at the Waste Isolation Pilot Plant

(WIPP)in New Mexico. In accordance with the WIPP Compliance Criteria, EPA evaluated the characterization of CH TRU debris waste from ORNL-CCP during an inspection conducted the week of November 13, 2007. Using the systems and processes developed as part of the U.S. Department of Energy's (DOE's) Carlsbad Field Office

(CBFO)program, EPA verified whether DOE could adequately characterize CH TRU waste consistent with the Compliance Criteria. The results of EPA's evaluation of ORNL-CCP's program and its proposed approval are described in the Agency's inspection report, which is available for review in the public dockets listed in ADDRESSES . We will consider public comments received on or before the due date mentioned in DATES . This notice summarizes the waste characterization processes evaluated by EPA and EPA's proposed approval. As required by the 40 CFR 194.8, at the end of a 45-day comment period EPA will evaluate public comments received, and if appropriate, finalize the reports responding to the relevant public comments, and issue a final report and approval letter to DOE. DATES: Comments must be received on or before August 4, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2008-0449, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *a-and-r-docket@epa.gov.* • Fax: 202-566-1741. • Mail: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. *Instructions:* Direct your comments to Attn: Docket ID No. EPA-HQ-OAR-2008-0449. The Agency's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov.* As provided in EPA's regulations at 40 CFR Part 2, and in accordance with normal EPA docket procedures, if copies of any docket materials are requested, a reasonable fee may be charged for photocopying. FOR FURTHER INFORMATION CONTACT: Rajani Joglekar or Ed Feltcorn, Radiation Protection Division, Center for Federal Regulations, Mail Code 6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC, 20460; telephone number: 202-343-9601; fax number: 202-343-2305; e-mail address: *joglekar.rajani@epa.gov* or *feltcorn.ed@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI.* Do not submit this information to EPA through *http://www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI). In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. Background DOE is developing the WIPP, near Carlsbad in southeastern New Mexico, as a deep geologic repository for disposal of TRU radioactive waste. As defined by the WIPP Land Withdrawal Act

(LWA)of 1992 (Pub. L. No. 102-579), as amended (Pub. L. No. 104-201), TRU waste consists of materials that have atomic numbers greater than 92 (with half-lives greater than twenty years), in concentrations greater than 100 nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of the existing TRU waste consists of items contaminated during the production of nuclear weapons, such as rags, equipment, tools, and sludges. TRU waste is itself divided into two categories, based on its level of radioactivity. Contact-handled

(CH)TRU waste accounts for about 97 percent of the volume of TRU waste currently destined for the WIPP. It is packaged in 55-gallon metal drums or in metal boxes and can be handled under controlled conditions without any shielding beyond the container itself. The maximum radiation dose at the surface of a CH TRU waste container is 200 millirems per hour. CH waste primarily emits alpha particles that are easily shielded by a sheet of paper or the outer layer of a person's skin. Remote-handled

(RH)TRU waste emits more radiation than CH TRU waste and must therefore be both handled and transported in shielded casks. Surface radiation levels of unshielded containers of remote-handled transuranic waste exceed 200 millirems per hour. RH waste primarily emits gamma radiation, which is very penetrating and requires concrete, lead, or steel to block it. On May 13, 1998, EPA issued a final certification of compliance for the WIPP facility. The final rule was published in the **Federal Register** on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March 29, 2006 (71 FR 18015). Both the certification and recertification determined that WIPP complies with the Agency's radioactive waste disposal regulations at 40 CFR part 191, subparts B and C, and is therefore safe to contain TRU waste. The final WIPP certification decision includes conditions that

(1)prohibit shipment of TRU waste for disposal at WIPP from any site other than the Los Alamos National Laboratories

(LANL)until the EPA determines that the site has established and executed a quality assurance program, in accordance with §§ 194.22(a)(2)(i), 194.24(c)(3), and 194.24(c)(5) for waste characterization activities and assumptions (Condition 2 of Appendix A to 40 CFR Part 194); and

(2)(with the exception of specific, limited waste streams and equipment at LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or any other site) until EPA has approved the procedures developed to comply with the waste characterization requirements of § 194.22(c)(4) (Condition 3 of Appendix A to 40 CFR Part 194). The EPA's approval process for waste generator sites is described in § 194.8 (revised July 2004). Condition 3 of the WIPP Certification Decision requires EPA to conduct independent inspections at DOE's waste generator/storage sites of their TRU waste characterization capabilities before approving their program and the waste for disposal at the WIPP. EPA's inspection and approval process gives EPA

(a)Discretion in establishing technical priorities,

(b)the ability to accommodate variation in the site's waste characterization capabilities, and

(c)flexibility in scheduling site WC inspections. As described in § 194.8(b), EPA's baseline inspections evaluate each WC process component (equipment, procedures, and personnel training/experience) for its adequacy and appropriateness in characterizing TRU waste destined for disposal at WIPP. During an inspection, the site demonstrates its capabilities to characterize TRU waste(s) and its ability to comply with the regulatory limits and tracking requirements under § 194.24. A baseline inspection may describe any limitations on approved waste streams or waste characterization processes [§ 194.8(b)(2)(iii)]. In addition, a baseline inspection approval must specify what subsequent WC program changes or expansion should be reported to EPA [§ 194.8(b)(4)]. The Agency is required to assign Tier 1

(T1)and Tier 2

(T2)to the reportable changes depending on their potential impact on data quality. A T1 designation requires that the site must notify EPA of proposed changes to the approved components of an individual WC process (such as radioassay equipment or personnel), and EPA must also approve the change before it can be implemented. A WC element with a T2 designation allows the site to implement changes to the approved components of individual WC processes (such as visual examination procedures) but requires EPA notification. The Agency may choose to inspect the site to evaluate technical adequacy before approval. EPA inspections conducted to evaluate T1 or T2 changes are follow-up inspections under the authority of § 194.24(h). In addition to the follow-up inspections, if warranted, EPA may opt to conduct continued compliance inspections at TRU waste sites with a baseline approval under the authority of § 194.24(h). The site inspection and approval process outlined in § 194.8 requires EPA to issue a **Federal Register** notice proposing the baseline compliance decision, docket the inspection report for public review, and seek public comment on the proposed decision for a period of 45 days. The report must describe the WC processes EPA inspected at the site, as well as their compliance with § 194.24 requirements. III. Proposed Baseline Compliance Decision EPA has performed a baseline inspection of CH TRU waste characterization

(WC)activities at ORNL-CCP (EPA Inspection No. EPA-ORNL-CCP-CH-11.07-8). The purpose of EPA's inspection was to verify that the waste characterization program implemented at ORNL-CCP for characterizing CH TRU, retrievably-stored, debris waste is technically adequate and meets the regulatory requirements at 40 CFR 194.24. During the inspection, EPA evaluated the adequacy of the site's WC programs for CH TRU debris (S5000) waste to be disposed of at the WIPP. The Agency examined the following activities: • Acceptable knowledge

(AK)for CH retrievably-stored TRU debris waste (S5000) • One nondestructive assay

(NDA)system, the Drum Waste Assay System Imaging Passive-Active Neutron/Segmented Gamma Scanner (DWAS IPAN/SGS) system for characterizing debris (S5000) waste • Real-time radiography

(RTR)for CH retrievably-stored TRU debris waste (S5000) • WIPP Waste Information System

(WWIS)for CH retrievably-stored TRU debris waste (S5000) During the inspection, ORNL-CCP personnel stated that load management will never be performed at the site and EPA did not evaluate this aspect during the inspection [see Section 8.1(5) of the inspection report]. Therefore, this proposed approval does not include load management for ORNL-CCP. The EPA inspection team determined that the ORNL-CCP WC program for CH TRU waste was technically adequate. EPA is proposing to approve the ORNL-CCP CH TRU WC program in the configuration observed during this inspection and described in docketed inspection report and its' attached checklists (Attachments A.1 through A.4). This proposed approval includes the following:

(1)The AK process for CH retrievably-stored TRU debris wastes

(2)The DWAS IPAN/SGS system for assaying debris wastes

(3)The nondestructive examination

(NDE)process of RTR for retrievably-stored debris wastes

(4)The WWIS process for tracking waste contents of debris wastes ORNL-CCP must report and receive EPA approval of any Tier 1

(T1)changes to the ORNL-CCP WC activities from the date of the baseline inspection, and must notify EPA regarding Tier 2

(T2)changes according to Table 1, below. The format of Table 1 in this report closely follows the format used in previous CH baseline approval reports. Table 1.—Tiering of TRU WC Processes Implemented by ORNL-CCP Based on November 13-15, 2007, Site Baseline Inspection WC process elements ORNL-CCP WC T1 changes ORNL-CCP WC T2 changes a Acceptable Knowledge

(AK)and Load Management Implementation of load management; AK

(5)Notification to EPA upon completion of AK accuracy reports; AK (2). Implementation of AK for wastes other than retrievably-stored debris (i.e., retrievably stored soil/gravel and solids and/or any type of newly-generated waste); AK

(15)Notification to EPA upon completion of new versions or updates/substantive modifications b of the following: —Changes to AK-NDA communications and memoranda; AK (3). —Changes to site procedure; AK (4). —AK summaries that describe wastes beyond the 144 containers described in this report; AK (6). —Radiological Discrepancy Resolution Reports (AK-AK and AK-NDA) pertinent to Waste Stream OR-NFS-CH-HET; AK (11). —Completed Attachments 4 and 6 and associated memoranda for Waste Stream OR-NFS-CH-HET; AK

(10)and (14). —AK Summaries/Waste Stream Profile Forms (WSPFs) and AK documentation reports; AK (15). Non Destructive Assay

(NDA)New equipment or physical modifications to approved equipment; c NDA

(1)Notification to EPA upon completion of changes to software for approved equipment, operating range(s), and site procedures that require CBFO approval; NDA (2). Extension or changes to approved calibration range for approved equipment; NDA

(2)Real-Time Radiography

(RTR)N/A Notification to EPA upon the following: —Implementation of new RTR equipment or substantive changes c to approved RTR equipment; RTR (1). —Completion of changes to site RTR procedures requiring CBFO approvals; RTR (2). Visual Examination

(VE)Not approved at this time Not approved at this time. WIPP Waste Information System

(WWIS)Implementation of load management; WWIS

(4)Notification to EPA upon the following: —Completion of changes to WWIS procedure(s) requiring CBFO approvals; WWIS (1). a Upon receiving EPA approval, ORNL-CCP will report all T2 changes to EPA at the end of each fiscal quarter. b “Substantive changes” means changes with the potential to impact the site's WC activities or documentation thereof, excluding changes that are solely related to ES&H, nuclear safety, or RCRA, or that are editorial in nature. c Modifications to approved equipment include all changes with the potential to affect NDA data relative to waste isolation and exclude minor changes, such as the addition of safety-related equipment. IV. Availability of the Baseline Inspection Report for Public Comment EPA has placed the report discussing the results of the Agency's inspection of the ORNL-CCP Site in the public docket as described in ADDRESSES . In accordance with 40 CFR 194.8, EPA is providing the public 45 days to comment on these documents. The Agency requests comments on the proposed approval decision, as described in the inspection report. EPA will accept public comment on this notice and supplemental information as described in Section 1.B. above. EPA will not make a determination of compliance before the 45-day comment period ends. At the end of the public comment period, EPA will evaluate all relevant public comments and revise the inspection report as necessary. If appropriate, the Agency will then issue a final approval letter and inspection report, both of which will be posted on the WIPP Web site. Information on the certification decision is filed in the official EPA Air Docket, Docket No. A-93-02 and is available for review in Washington, DC, and at the three EPA WIPP informational docket locations in Albuquerque, Carlsbad, and Santa Fe, New Mexico. The dockets in New Mexico contain only major items from the official Air Docket in Washington, DC, plus those documents added to the official Air Docket since the October 1992 enactment of the WIPP LWA. Dated: May 30, 2008. Elizabeth Cotsworth, Director, Office of Radiation and Indoor Air. [FR Doc. E8-14006 Filed 6-19-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL ELECTION COMMISSION Sunshine Act Notices AGENCY: Federal Election Commission. Date and Time: Tuesday, June 17, 2008 at 10 a.m. Place: 999 E Street, NW., Washington, DC. Status: This meeting will be closed to the public. Items to be Discussed: Compliance matters pursuant to 2 U.S.C. 437g. Audits conducted pursuant to 2 U.S.C. 437g, § 438(b), and Title 26, U.S.C. Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee. Person to Contact for Information: Mr. Robert Biersack, Press Officer, Telephone:

(202)694-1220. Mary W. Dove, Secretary of the Commission. [FR Doc. E8-13928 Filed 6-19-08; 8:45 am] BILLING CODE 6715-01-M FEDERAL MARITIME COMMISSION Notice of Meeting Agency Holding the Meeting: Federal Maritime Commission. Time and Date: June 25, 2008—2 p.m. Place: 800 North Capitol Street, NW., First Floor Hearing Room, Washington, DC. Status: A portion of the meeting will be in Open Session and the remainder of the meeting will be in Closed Session. Matters To Be Considered: Open Session

(1)*FMC Agreement No. 201186* —Mobile Container Terminal Cooperative Working Agreement, effective July 4, 2008.

(2)*FMC Agreement No. 201187* —Port of Seattle/Port of Tacoma Puget Sound Air Quality Discussion Agreement, effective July 5, 2008.

(3)Privacy Act System of Records. Closed Session

(1)Export Cargo Issues Status Report.

(2)Internal Administrative Practices and Personnel Matters. Contact Person for More Information: Karen V. Gregory, Assistant Secretary,

(202)523-5725. Karen V. Gregory, Assistant Secretary. [FR Doc. 08-1374 Filed 6-18-08; 2:12 pm]

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