Notices. Notice

39,199 words·~178 min read·/register/2008/06/23/08-1377

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

BILLING CODE 5001-06-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 22, 2008. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, e.g., new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:

(1)Is this collection necessary to the proper functions of the Department;

(2)will this information be processed and used in a timely manner;

(3)is the estimate of burden accurate;

(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: June 17, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Elementary and Secondary Education *Type of Review:* Revision. *Title:* Binational Migrant Education Program

(BMEP)State MEP Director Survey. *Frequency:* Annually. *Affected Public:* Federal Government; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 50. *Burden Hours:* 50. Abstract: The survey collects information from State Migrant Education Programs

(MEPs)on their participation in the Binational Migrant Education Program

(BMEP)to serve children who migrate between Mexico and the U.S. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3555. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-14114 Filed 6-20-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; Technical Assistance and Dissemination To Improve Services and Results for Children With Disabilities; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2008 Catalog of Federal Domestic Assistance

(CFDA)Numbers: 84.326L and 84.326W. Note: This notice invites applications for two separate competitions. For key dates, contact person information, and funding information regarding each competition, see the chart in the *Award Information* section of this notice. *DATES:* *Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. *Deadline for Intergovernmental Review:* See chart. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities program is to promote academic achievement and improve results for children with disabilities by supporting technical assistance, model demonstration projects, dissemination of useful information, and implementation activities that are supported by scientifically based research. *Priorities:* In accordance with 34 CFR 75.105(b)(2)(iv) and (v), these priorities are from allowable activities specified in the statute, or otherwise authorized in the statute (see sections 663 and 681(d) of the Individuals with Disabilities Education Act (IDEA)). Each of the absolute priorities announced in this notice corresponds to a separate competition as follows: Absolute priority Competition CFDA number Technical Assistance Center on Outcomes for Infants, Toddlers, and Preschool Children with Disabilities 84.326L National Dropout Center for Students with Disabilities 84.326W *Absolute Priorities:* For FY 2008 and any subsequent year in which we make awards based on the list of unfunded applicants from these competitions, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3), for each competition, we consider only applications that meet the absolute priority for that competition. The priorities are: Absolute Priority 1—Technical Assistance Center on Outcomes for Infants, Toddlers, and Preschool Children With Disabilities (84.326L). *Background:* The Department's Office of Special Education Programs

(OSEP)has provided national leadership to support States in their development of early childhood outcome systems (i.e., systems to collect and use child and family outcome data for accountability and program improvement purposes) for the Part C early intervention and Part B preschool programs under IDEA. For example, OSEP funded the Early Childhood Outcomes Center (ECO Center) in 2003 to promote the development and implementation of child and family outcome measures for infants, toddlers, and preschool children with disabilities that could be used in Federal and State accountability systems. At the Federal and State levels, outcome data are needed to monitor and assess the efficacy of Part C early intervention and Part B preschool programs. (For further information on the work of the ECO Center, go to *http://www.the-eco-center.org* ). In the summer of 2005, after considering significant input from the ECO Center and from professionals and families in the early intervention and early childhood special education fields, OSEP announced three functional child outcomes for the Part C early intervention and the Part B preschool programs for States to report on in their State Performance Plans and Annual Performance Reports (SPPs/APRs) beginning with the SPPs/APRs due in February 2008. The child outcomes for Part C and Part B preschool are as follows: The percentages of children receiving services under Part C and Part B preschool programs who demonstrate improved

(a)positive social-emotional skills (including social relationships);

(b)acquisition and use of knowledge and skills (including early language/communication and, for preschool, early literacy); and

(c)use of appropriate behaviors to meet their needs. These outcomes are outlined in the SPP/APR packages under indicator 3 for the Part C program and indicator 7 for the Part B program. Additionally, Part C early intervention programs must report on three family outcomes. The Part C family outcomes are as follows: The percentages of families participating in Part C programs who report that early intervention services have helped them

(a)know their rights;

(b)effectively communicate their children's needs; and

(c)help their children develop and learn. These outcomes are outlined in the Part C SPP/APR packages under indicator 4. More information on SPPs/APRs is available at: *http://www.rrfcnetwork.org/content/view/248/358/* . To date, States have made progress in developing and implementing outcome systems for their Part C early intervention and Part B preschool programs. However, States continue to need support in developing, implementing, and evaluating high quality outcome systems that produce valid, reliable, and accurate data. Additional work is needed to ensure that stakeholders, including administrators, service providers, policymakers, and families, understand the child and family outcomes and how to accurately measure these outcomes. Additionally, States continue to need support in:

(a)Developing quality assurance processes to ensure that service providers are trained in collecting and reporting child outcome data and verifying the accuracy of that data;

(b)analyzing and using child and family outcome data for program improvement at both the State and local levels; and

(c)ensuring that the Part C early intervention and Part B preschool outcome systems are included in discussions as States plan accountability systems for other early care and education programs. *Priority:* The purpose of this priority is to fund a cooperative agreement to support the establishment and operation of a Technical Assistance Center on Outcomes for Infants, Toddlers, and Preschool Children With Disabilities (Center) that will provide national leadership to assist States with the implementation of high-quality outcome systems for early intervention and preschool special education programs. To be considered for funding under this absolute priority, applicants must meet the application requirements contained in this priority. All projects funded under this absolute priority also must meet the programmatic and administrative requirements specified in the priority. *Application Requirements* . An applicant must include in its application—

(a)A logic model that depicts, at a minimum, the goals, activities, outputs, and outcomes of the proposed project. A logic model communicates how a project will achieve its outcomes and provides a framework for both the formative and summative evaluations of the project; Note: The following Web site provides more information on logic models and lists multiple online resources: *http://www.cdc.gov/eval/resources.htm*

(b)A plan to implement the activities described in the *Project Activities* section of this priority;

(c)A plan, linked to the proposed project's logic model, for a formative evaluation of the proposed project's activities. The plan must describe how the formative evaluation will use clear performance objectives to ensure continuous improvement in the operation of the proposed project, including objective measures of progress in implementing the project and ensuring the quality of products and services;

(d)A budget for a summative evaluation to be conducted by an independent third party with experience in conducting evaluations;

(e)A budget for attendance at the following:

(1)A one and one half day kick-off meeting to be held in Washington, DC within four weeks after receipt of the award, and an annual planning meeting held in Washington, DC with the OSEP Project Officer during each subsequent year of the project period.

(2)A three-day Project Directors' Conference in Washington, DC during each year of the project period.

(3)A four-day Technical Assistance and Dissemination Conference in Washington, DC during each year of the project period.

(4)One two-day trip annually to attend Department briefings, Department-sponsored conferences, and other meetings, as requested by OSEP; and

(f)A line item in the proposed budget for an annual set-aside of five percent of the grant amount to support emerging needs that are consistent with the proposed project's activities, as those needs are identified in consultation with OSEP. Note: With approval from the OSEP Project Officer, the Center must reallocate any remaining funds from this annual set-aside no later than the end of the third quarter of each budget period. *Project Activities* . To meet the requirements of this priority, the Center, at a minimum, must conduct the following activities: *Knowledge Development Activities* .

(a)Identify and document evidence-based approaches for measuring functional child outcomes.

(b)Identify and document evidence-based approaches for measuring family outcomes.

(c)In the first three months of the project period, identify a minimum of four States to partner with to develop a high-quality outcome system framework. Each partnering State must have commitments from its Part C early intervention and Part B preschool programs to participate in the activities of the Center. Additionally, the partnering States must be diverse with regard to the assessment approaches they utilize. Factors for consideration in selecting these States could include the demographic and geographic characteristics of each State, the history of outcome data collection and analysis in each State, and the professional development activities in each State that have focused on early childhood outcomes. The Center must obtain approval from OSEP on the final selection of partnering States. Note: To fulfill the requirements of paragraph

(b)of the *Application Requirements* of this priority, applicants must describe the methods and criteria for recruiting and selecting States for this activity in their application.

(d)In the first two years of the project period, partner with the States identified in paragraph

(c)of this section to develop, implement, and evaluate a high-quality outcome system framework for Part C early intervention and Part B preschool programs. In developing this framework, the Center must work with the partner States to describe and document the known components of high-quality State and local level outcome systems and to identify, describe, and document any additional components that make up high-quality State and local level outcome systems. The known components must include, but are not limited to, valid and reliable assessment approaches, a coordinated data system, systematic data reporting mechanisms, comprehensive data analysis (including the interpretation and use of data), ongoing professional development, and continuous evaluation of the outcome systems. Through this work, the Center must develop exemplars, tools, and guidance that States (in addition to those partnering with the Center) can use to implement the framework for high-quality State and local level outcome systems within their unique settings. *Technical Assistance and Dissemination Activities* .

(a)Work directly with States to increase their capacity to develop and maintain high-quality outcome systems. The Center must facilitate the development of State consortia or regional technical assistance

(TA)networks to maximize the number of States the Center reaches. In the third, fourth, and fifth years of the project period, the Center must provide TA to States on implementing the high-quality outcome system framework developed in the first and second years of the project period.

(b)Develop and coordinate a national TA network comprised of a cadre of experts that the Center will use to provide TA to States to assist them in improving their capacity to collect, report, and use outcome data. The topics that this national TA network may focus on in their work with States include, but are not limited to, developing quality assurance processes, analyzing and using child and family outcome data for program improvement purposes, ensuring that the Part C early intervention and Part B preschool outcome systems are included in discussions as States plan accountability systems for other early care and education programs, and assisting States in meeting State and Federal outcome data reporting requirements.

(c)Provide a continuum of general TA and dissemination activities ( *e.g.* , managing Web sites, listservs, and communities of practice; and holding conferences and training institutes) on evidence-based practices that promote outcome measurement and data collection to State educational agencies (SEAs), local educational agencies (LEAs), State Part C lead agencies, local Part C programs, parents of young children with disabilities, educators, service providers, members of professional organizations and advocacy groups, researchers, and other appropriate stakeholders. The Center's general TA must focus on helping these stakeholders understand the child and family outcomes and how to accurately measure them.

(d)Maintain a Web site that meets a government or industry-recognized standard for accessibility and that links to the Web site operated by the Technical Assistance Coordination Center (TACC), which OSEP intends to fund in FY 2008.

(e)Prepare and disseminate reports, documents, and other materials on child and family outcomes, outcome measurement, data collection and utilization, and related topics as requested by OSEP for specific audiences including SEAs, LEAs, State Part C lead agencies, local Part C programs, parents of young children with disabilities, educators, service providers, members of professional organizations and advocacy groups, researchers, and other appropriate stakeholders. In consultation with the OSEP Project Officer, make selected reports, documents, and other materials available for SEAs, LEAs, State lead agencies, local Part C programs, parents of young children with disabilities, educators, service providers, members of professional organizations and advocacy groups, and researchers, and others, as appropriate, in both English and Spanish.

(f)Host an annual early childhood outcomes TA meeting in Washington, DC for State-level Part C early intervention and Part B preschool staff who are responsible for collecting, reporting, and using child and family outcome data. *Leadership and Coordination Activities* .

(a)Develop and implement strategies for ongoing stakeholder involvement in the work of the Center, including SEAs, LEAs, State Part C lead agencies, local Part C programs, parents of young children with disabilities, educators, service providers, members of professional organizations and advocacy groups, researchers, and others as appropriate.

(b)On an annual basis, compile and share data on States' APRs and updated SPPs for IDEA Part B indicator 7 (preschool child outcomes) and Part C indicator 3 (child outcomes) and indicator 4 (family outcomes) by—

(1)Reviewing relevant sections of each State's APR and updated SPP and summarizing the data on these indicators;

(2)Developing a summary report for each indicator that includes information about States' progress in meeting targets for the indicators, as well as any revisions made to States' monitoring and data systems, measurement systems, or improvement strategies;

(3)Providing a summary report for each indicator to OSEP in a timely manner and participating in OSEP-requested teleconferences to discuss the findings of the summary reports; and

(4)Providing recommendations to OSEP on the most meaningful and useful way to aggregate and analyze the child and family outcome data at the national level. (More information on Part B indicator 7 and Part C indicators 3 and 4 is available at: *http://www.rrfcnetwork.org/content/view/409/47/* )

(c)Establish and maintain an advisory committee to review the activities and outcomes of the Center and provide programmatic support and advice throughout the project period. At a minimum, the advisory committee must meet on an annual basis in Washington, DC, and include representatives from SEAs, LEAs, State Part C lead agencies, and local Part C programs; individuals with disabilities; parents of children with disabilities, including parents of young children with disabilities; educators; service providers; members of professional organizations and advocacy groups; researchers; and other appropriate stakeholders. The Center must submit the names of proposed members of the advisory committee to OSEP for approval within eight weeks after receipt of the award.

(d)Establish and maintain a technical work group

(TWG)made up of experts in early childhood assessment and accountability, and family outcome assessment to ensure that the highest standards of scientific rigor are maintained in the Center's work. The Center must convene the TWG at least once a year (via teleconference, in person, video conference, or other method). The Center must submit the names of proposed TWG members to OSEP for approval within eight weeks after receipt of the award.

(e)Communicate and collaborate, on an ongoing basis, with OSEP-funded projects, including the National Early Childhood Technical Assistance Center, Regional Resource Centers, Parent Training and Information Centers, the Center for Early Literacy Learning, the Technical Assistance Center for Social Emotional Intervention, the National Early Childhood Training Enhancement Center, and the Data Accountability Center. This collaboration could include the joint development of products, the coordination of TA services, and the planning and carrying out of TA meetings and events.

(f)Collaborate and communicate with other national early childhood accountability and assessment initiatives.

(g)Participate in, organize, or facilitate, as appropriate, OSEP communities of practice ( *http://www.tacommunities.org/* ) that are aligned with the Center's objectives in order to support discussions and collaboration among key stakeholders.

(h)Prior to developing any new product, whether paper or electronic, submit to the OSEP Project Officer and, as determined in consultation with the OSEP Project Officer, the Proposed Product Advisory Board at OSEP's TACC for approval, a proposal describing the content and purpose of the product.

(i)Coordinate with the National Dissemination Center for Individuals with Disabilities, which OSEP intends to fund in FY 2008, to develop an efficient and high quality dissemination strategy that reaches broad audiences. The Center must report to the OSEP Project Officer the outcomes of these coordination efforts.

(j)Contribute, on an ongoing basis, updated information on the Center's services to OSEP's Technical Assistance and Dissemination Matrix ( *http://matrix.rrfcnetwork.org/* ), which provides current information on Department-funded TA services to a range of stakeholders.

(k)Maintain ongoing communication with the OSEP Project Officer through monthly phone conversations and e-mail communication. *Fourth and Fifth Years of the Project:* In deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a), and in addition—

(a)The recommendations of a review team consisting of experts selected by the Secretary. This review will be conducted during a one-day intensive meeting in Washington, DC that will be held during the last half of the second year of the project period. The Center must budget for travel expenses associated with this one-day intensive review;

(b)The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been or are being met by the Center; and

(c)The quality, relevance, and usefulness of the Center's activities and products and the degree to which the Center's activities and products have contributed to changed practice and improved outcome systems. Absolute Priority 2—National Dropout Prevention Center for Students With Disabilities (84.326W) *Background:* Completing high school is an indicator not only of individual student accomplishment but also of a student's potential future economic success. Research has shown that students who do not complete high school are more likely to experience negative outcomes, such as unemployment, underemployment, poverty, and incarceration. Nationally, individuals who drop out of high school are 72 percent more likely to be unemployed and earn 27 percent less than high school graduates (U.S. Department of Labor, 2005). Students with disabilities are particularly at risk of dropping out of school. Studies estimate that the dropout rate among students with disabilities may be almost double that of students without disabilities (Capital Publications, 1997; U.S. Department of Education, 2007; U.S. Department of Education, 2007b). Students with disabilities who drop out of high school have poorer outcomes than their peers with disabilities who complete school. The National Longitudinal Transition Study-2 (NLTS2) reported that 4 out of 10 youth with disabilities who completed high school participated in a postsecondary program; in comparison, fewer than 1 out of 10 youth with disabilities who dropped out of high school participated in a postsecondary program (Wagner, Newman, Cameto, & Levine, 2005). Dropout data reported by States indicate that from the 1993-1994 school year through the 2005-2006 school year the percentage of students with disabilities exiting school by dropping out decreased from 45 percent to 26 percent (U.S. Department of Education, 2007b). While the dropout rate has decreased over time, the rate for the 2005-2006 school year represents over 104,000 students with disabilities who exited school by dropping out (U.S. Department of Education, 2007b). This priority builds on OSEP's past investments to decrease the dropout rate and increase the school completion rate for eligible students with disabilities. OSEP funded the National Dropout Prevention Center for Students with Disabilities (NDPC-SD) in 2003 to learn more about evidence-based practices in dropout prevention and to support State educational agencies

(SEAs)in their efforts to assist local educational agencies

(LEAs)implement these practices. The NDPC-SD worked with SEAs to address the dropout prevention, re-entry, and school completion issues. (For further information on the work of the NDPC-SD, go to *http://www.ndpc-sd.org* ). A new center is needed to continue to address these issues, and, in addition, assist SEAs to meet State goals in their State Performance Plan

(SPP)and Annual Performance Report

(APR)indicators related to reducing the dropout rate and increasing school completion. *Priority:* The purpose of this priority is to fund a cooperative agreement to support the establishment and operation of a National Dropout Prevention Center for Students with Disabilities (Center) that will provide States and LEAs with technical assistance

(TA)on implementing and evaluating effective comprehensive dropout prevention, re-entry, and school completion models and practices for students with disabilities; developing and improving data collection systems to track students at risk of dropping out; and designing training activities for policy makers, administrators, and practitioners that will help them support efforts to improve dropout prevention, re-entry, and school completion for students with disabilities. To be considered for funding under this absolute priority, applicants must meet the application requirements contained in this priority. The project funded under this absolute priority also must meet the programmatic and administrative requirements specified in the priority. *Application Requirements* . An applicant must include in its application—

(a)A logic model that depicts, at a minimum, the goals, activities, outputs, and outcomes of the proposed project. A logic model communicates how a project will achieve its outcomes and provide a framework for both the formative and summative evaluations of the project; Note: The following Web site provides more information on logic models and lists multiple online resources: *http://www.cdc.gov/eval/resources.htm*

(b)A plan to implement the activities described in the *Project Activities* section of this priority;

(d)A budget for attendance at the following:

(1)A one and one half day kick-off meeting to be held in Washington, DC within four weeks after receipt of the award, and a one day annual planning meeting held in Washington, DC with the OSEP Project Officer during each subsequent year of the project period.

(2)A three-day Project Directors' Conference in Washington, DC during each year of the project period.

(3)A four-day Technical Assistance and Dissemination Conference in Washington, DC during each year of the project period.

(4)Four two-day trips annually to attend Department briefings, Department-sponsored conferences, and other meetings as requested by OSEP; and

(e)A line item in the proposed budget for an annual set-aside of five percent of the grant amount to support emerging needs that are consistent with the proposed project's activities, as those needs are identified in consultation with OSEP. Note: With approval from the OSEP Project Officer, the Center must reallocate any remaining funds from this annual set-aside no later than the end of the third quarter of each budget period. *Project Activities* . To meet the requirements of this priority, the Center, at a minimum, must conduct the following activities: *Knowledge Development Activities.*

(a)Conduct literature reviews and build on previous literature reviews to identify the critical components of effective and promising models and practices that have been shown to improve outcomes in dropout prevention, re-entry, and school completion.

(b)Collaborate with other technical assistance providers funded by the Department and other Federal agencies to identify strategies for incorporating dropout prevention, re-entry, and school completion models and practices for students with disabilities into broader school improvement efforts. For example, the Department's National High School Center, in its technical assistance to Regional Comprehensive Centers and States, incorporates strategies related to dropout prevention, re-entry, and school completion for students with disabilities as an approach to creating and maintaining excellent high schools. For further information on the work of the High School Center, go to *http://www.betterhighschools.org.* *Technical Assistance and Dissemination Activities.*

(a)Provide TA to States and LEAs to increase their capacity to design and implement effective dropout prevention, re-entry, and school completion models and practices. The TA must be focused on helping States and LEAs implement the critical components of high quality dropout prevention, re-entry, and school completion models and practices identified through research and literature reviews.

(b)Work with States and LEAs to develop training activities for policy makers, administrators, and practitioners that will help them support effective and promising models and practices to improve dropout prevention, re-entry, and school completion for students with disabilities.

(c)Host an annual national forum in Washington, DC for researchers, policymakers, administrators, practitioners, and other appropriate stakeholders to exchange information on implementing evidence-based dropout prevention, re-entry, and school completion models and practices; establish interagency networks to support the implementation of these models and practices; and develop effective data systems that collect and use data for the purpose of identifying students with disabilities that are at risk of dropping out.

(d)Provide a continuum of general TA and dissemination activities (e.g., managing Web sites, listservs, and communities of practice; and holding conferences and training institutes) on evidence-based practices that promote effective dropout prevention, re-entry, and school completion.

(e)Maintain a Web site that meets a government or industry-recognized standard for accessibility and that links to the Web site operated by the Technical Assistance Coordination Center (TACC), which OSEP intends to fund in FY 2008.

(f)Prepare and disseminate reports, documents, and other materials on dropout prevention, re-entry, and school completion practices and programs, and related topics, as requested by OSEP, for specific audiences including families, practitioners, administrators, policymakers, and researchers. To reach the widest audience possible, dissemination strategies must involve collaboration with other TA providers, organizations, and researchers, as well as the National Dissemination Center for Individuals with Disabilities (Dissemination Center), as described in paragraph

(f)in the *Leadership and Coordination Activities* section of this priority. In consultation with the OSEP Project Officer, make selected reports, documents, and other materials available for families, practitioners, administrators, policy makers, and researchers in both English and Spanish.

(g)Develop materials and guidance for States and provide targeted TA related to the performance and compliance indicators on their APRs and SPPs, as requested by OSEP. *Leadership and Coordination Activities.*

(a)Compile and share data on States' APRs and updated SPPs for IDEA Part B indicator 1 (Graduation) and indicator 2 (Dropout) by—

(1)Reviewing relevant sections of each State's APR and updated SPP and summarizing the data on these indicators;

(3)Providing a summary report for each indicator to OSEP in a timely manner and participating in OSEP-requested teleconferences to discuss the findings of the summary reports. (More information on Part B indicator 1 and indicator 2 is available at: *http://www.rrfcnetwork.org/content/view/409/47/* ).

(b)Establish and maintain an advisory committee to review the activities and outcomes of the Center and provide programmatic support and advice throughout the project period. At a minimum, the advisory committee must meet on an annual basis in Washington, DC, and consist of family members of children with disabilities, students, policy makers, service providers, business and industry representatives, researchers, administrators, advocates, and other appropriate stakeholders. The Center must submit the names of proposed members of the advisory committee to OSEP for approval within eight weeks after receipt of the award.

(c)Communicate and collaborate, on an ongoing basis, with OSEP-funded projects including the National Secondary Transition Technical Assistance Center, the National Postsecondary Outcomes Center, the National High School Center, the Regional Resource Centers, and the National and Regional Parent Technical Assistance Centers. This collaboration could include the joint development of products, the coordination of TA services, and the planning and carrying out of TA meetings and events.

(d)Participate in, organize, or facilitate, as appropriate, OSEP communities of practice ( *http://www.tacommunities.org/* ) that are aligned with the Center's objectives as a way to support discussions and collaboration among key stakeholders.

(e)Prior to developing any new product, whether paper or electronic, submit to the OSEP Project Officer and, as determined in consultation with the OSEP Project Officer, the Proposed Product Advisory Board at OSEP's TACC for approval, a proposal describing the content and purpose of the product.

(f)Coordinate with the Dissemination Center, which OSEP intends to fund in FY 2008, to develop an efficient and high-quality dissemination strategy that reaches broad audiences. The Center must report to the OSEP Project Officer the outcomes of these coordination efforts.

(g)Contribute, on an ongoing basis, updated information on the Center's services to OSEP's Technical Assistance and Dissemination Matrix ( *http://matrix.rrfcnetwork.org/* ), which provides current information on Department-funded TA services to a range of stakeholders.

(h)Conduct a summative evaluation of the Center in collaboration with the OSEP-funded Center to Improve Project Performance

(CIPP)as described in the following paragraphs. This summative evaluation must examine the outcomes or impact of the Center's activities in order to assess the effectiveness of those activities. Note: The major tasks of CIPP would be to guide, coordinate, and oversee the summative evaluations conducted by selected Technical Assistance, Personnel Development, Parent Training and Information Center, and Technology projects that individually receive $500,000 or more in funding from OSEP annually. The efforts of CIPP are expected to enhance individual project evaluations by providing expert and unbiased assistance in designing evaluations, conducting analyses, and interpreting data. To fulfill the requirements of the summative evaluation to be conducted under the guidance of CIPP and with the approval of the OSEP Project Officer, the Center must—

(1)Hire or designate, with the approval of the OSEP Project Officer, a project liaison staff person with sufficient dedicated time, evaluation experience, and knowledge of the Center to work with CIPP on the following tasks:

(i)Planning for the Center's summative evaluation (e.g., selecting evaluation questions, developing a timeline for the evaluation, locating sources of relevant data, and refining the logic model used for the evaluation),

(ii)developing the summative evaluation design and instrumentation (e.g., determining quantitative or qualitative data collection strategies, selecting respondent samples, and pilot testing instruments),

(iii)coordinating the evaluation timeline with the implementation of the Center's activities,

(iv)collecting summative data, and

(v)writing reports of summative evaluation findings;

(2)Cooperate with CIPP staff in order to accomplish the tasks described in paragraph

(1)of this section; and

(3)Dedicate $40,000 of the annual budget request for this project to cover the costs of carrying out the tasks described in paragraphs

(1)and

(2)of this section, implementing the Center's formative evaluation, and traveling to Washington, DC in the second year of the project period for the Center's review for continued funding.

(i)Maintain ongoing communication with the OSEP Project Officer through monthly phone conversations and e-mail communication. *Fourth and Fifth Years of the Project:* In deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a), and in addition—

(a)The recommendation of a review team consisting of experts selected by the Secretary. This review will be conducted during a one-day intensive meeting in Washington, DC that will be held during the last half of the second year of the project period;

(b)The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been or are being met by the Center; and

(c)The quality, relevance, and usefulness of the Center's activities and products and the degree to which the Center's activities and products have contributed to changed practice in dropout prevention and re-entry and school completion rates. References: Capital Publications. (1997). Special education dropout rate remains stagnant. *Special Education Law Reporter, 23(1)* , 1-2. U.S. Department of Education, National Center for Educational Statistics. (2007). Percentage of high school dropouts among persons 16 through 24 years old. *Digest of Education Statistics* . Retrieved May 23, 2008 from *http://nces.ed.gov/programs/digest/d07/tables/dt07_105.asp* U.S. Department of Education. (2007b). *27th Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act* . Washington, DC: Author. U.S. Department of Education. (2007b). *Children with Disabilities Exiting Special Education, 2005-2006* . Washington, DC: Author. U.S. Department of Labor. (2005). *Educational resources: So you're thinking of dropping out of school* . Downloaded May 5, 2005 from *http://www.dol.gov/asp/fibre/dropout.htm.* Wagner, M., Newman, L., Cameto, R., & Levine, P. (2005). Changes over time in the early postschool outcomes of youth with disabilities. A report of findings from the National Longitudinal Transition Study

(NLTS)and the National Longitudinal Transition Study-2 (NLTS2).Menlo Park, CA: SRI International. *Waiver of Proposed Rulemaking:* Under the Administrative Procedure Act

(APA)(5 U.S.C. 553) the Department generally offers interested parties the opportunity to comment on proposed priorities and requirements. Section 681(d) of the IDEA, however, makes the public comment requirements of the APA inapplicable to the priorities in this notice. Program Authority: 20 U.S.C. 1463 and 1481. *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to institutions of higher education

(IHEs)only. II. Award Information *Type of Award:* Cooperative agreements. *Estimated Available Funds:* $1,500,000. Please refer to the “Estimated Available Funds” column of the chart in this section for the estimated dollar amounts for individual competitions. *Estimated Range of Awards:* See chart. *Estimated Average Size of Awards:* See chart. *Maximum Awards:* See chart. *Estimated Number of Awards:* See chart. *Project Period:* See chart. Individuals With Disabilities Education Act—Technical Assistance and Dissemination To Improve Services and Results for Children With Disabilities—Application Notice for Fiscal Year 2008 CFDA number and name Applications available Deadline for transmittal of applications Deadline for intergovernmental review Estimated available funds Estimated average size of awards Maximum award * (per year) Estimated number of awards Project period Contact person 84.326L—Technical Assistance Center on Outcomes for Infants, Toddlers & Preschool Children with Disabilities June 23, 2008 July 23, 2008 September 22, 2008 $800,000 $800,000 * $800,000 1 Up to 60 months Jennifer Tschantz

(202)245-7556 Rm 4057. 84.326W—National Dropout Center for Students with Disabilities June 23, 2008 July 23, 2008 September 22, 2008 700,000 700,000 * 700,000 1 Up to 60 months Selete Avoke

(202)245-7260 Rm 4121. * We will reject any application that proposes a budget exceeding the maximum award for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . The Assistant Secretary may use the priorities in this notice for competitions in FY 2009 and later years. Note: The Department of Education is not bound by any estimates in this notice. III. Eligibility Information 1. *Eligible Applicants:* SEAs; LEAs; public charter schools that are LEAs under State law; IHEs; other public agencies; private nonprofit organizations; outlying areas; freely associated States; Indian tribes or tribal organizations; and for-profit organizations. 2. *Cost Sharing or Matching:* This program does not require cost sharing or matching. 3. *Other:* *General Requirements* —(a) The projects funded under this program must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).

(b)Applicants and grant recipients funded under this program must involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the projects (see section 682(a)(1)(A) of IDEA). IV. Application and Submission Information 1. *Address to Request Application Package* : Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. FAX:

(301)470-1244. If you use a telecommunications device for the deaf (TDD), call, toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov* . If you request an application from ED Pubs, be sure to identify the competition to which you want to apply, as follows: CFDA Number 84.326L or 84.326W. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission* : Requirements concerning the content of an application, together with the forms you must submit, are in the application package for each competition announced in this notice. *Page Limit* : The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 70 pages for each absolute priority, using the following standards: • A “page” is 8.5” x 11”, on one side only, with 1” margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the two-page abstract, the resumes, the bibliography, the references, or the letters of support. The page limit, however, does apply to the application narrative in Part III. We will reject your application if you exceed the page limit; or if you use other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* See chart. *Deadline for Transmittal of Applications:* See chart. Applications for grants under this program may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* See chart. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for each of the competitions announced in this notice. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this program may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications* . To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide Grants.gov Apply site. The Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities program, CFDA Numbers 84.326L and 84.326W, announced in this notice are included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Governmentwide Grants.gov Apply site at *http://www.Grants.gov* . Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Technical Assistance and Dissemination to Improve Services and Results for Children With Disabilities program competitions—CFDA numbers 84.326L and 84.326W at *http://www.Grants.gov* . You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search ( *e.g.* , search for 84.326, not 84.326L). Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for the competition to which you are applying to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://eGrants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* . • To submit your application via Grants.gov, you must complete all steps in the Grants.gov registration process (see *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include

(1)registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);

(2)registering yourself as an Authorized Organization Representative (AOR); and

(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to submit successfully an application via Grants.gov. In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page-limit requirements described in this notice. • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC, time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30:00 p.m., Washington, DC, time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC, time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.326L or 84.326W), 400 Maryland Avenue, SW., Washington, DC 20202-4260, or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Stop 4260, Attention: (CFDA Number 84.326L or 84.326W),7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark.

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3)A dated shipping label, invoice, or receipt from a commercial carrier.

(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

(1)A private metered postmark.

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.326L or 84.326W), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—

(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this program are from 34 CFR 75.210 and are listed in the application packages for each competition announced in this notice. 2. *Peer Review:* In the past, the Department has had difficulty finding peer reviewers for certain competitions, because so many individuals who are eligible to serve as peer reviewers have conflicts of interest. The Standing Panel requirements under IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that, for some discretionary grant competitions, applications may be separated into two or more groups and ranked and selected for funding within specific groups. This procedure will make it easier for the Department to find peer reviewers, by ensuring that greater numbers of individuals who are eligible to serve as reviewers for any particular group of applicants will not have conflicts of interest. It also will increase the quality, independence, and fairness of the review process, while permitting panel members to review applications under discretionary grant competitions for which they also have submitted applications. However, if the Department decides to select an equal number of applications in each group for funding, this may result in different cut-off points for fundable applications in each group. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section in this notice. We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section in this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measures:* Under the Government Performance and Results Act of 1993 (GPRA), the Department has established a set of performance measures, including long-term measures, that are designed to yield information on various aspects of the effectiveness and quality of the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities program. These measures focus on: The extent to which projects provide high-quality products and services, the relevance of project products and services to educational and early intervention policy and practice, and the use of products and services to improve educational and early intervention policy and practice. The grantee will be required to provide information related to these measures in annual reports to the Department. The grantee also will be required to report information on the project's performance in annual reports to the Department (34 CFR 75.590). VII. Agency Contact *For Further Information Contact:* See chart in the *Award Information* section of this notice for the individual contact person's name, room number and telephone number. You can write to the contact at the following address: U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center Plaza (PCP), Washington, DC 20202-2550. If you use a TDD, call the Federal Relay Service (FRS), toll-free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., room 5075, PCP, Washington, DC 20202-2550. Telephone:

(202)245-7363. If you use a TDD, call the FRS, toll free, at 1-800-877-8339. *Electronic Access to This Document:* You can view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: June 16, 2008. Tracy R. Justesen, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E8-14123 Filed 6-20-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL08-69-000] New England Conference of Public Utilities Commissioners, Inc.,Complainants v. Bangor Hydro-Electric Company, Central Maine Power Company, National Grid, USA, NSTAR Electric & Gas Corporation, Northeast Utilities Service Company, The United Illuminating Company, Vermont Electric Power Company, Respondents; Notice of Complaint June 16, 2008. Take notice that on June 12, 2008, the New England Conference of Public Utilities Commissioners, Inc. (NECPUC) filed a complaint against Bangor Hydro-Electric Company, Central Maine Power Company, National Grid, USA, NSTAR Electric & Gas Corporation, Northeast Utilities Service Company, The United Illuminating Company, and Vermont Electric Power Company. Among other things, NECPUC states that it seeks to limit application of the return on equity cost adder for certain qualified projects. 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. The Respondent's answer and all interventions or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. The Commission encourages electronic submission of Respondent's answer, 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 July 2, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-14065 Filed 6-20-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice June 16, 2008. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication. Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

(866)208-3676, or for TTY, contact

(202)502-8659. Prohibited Docket No. Date received Presenter or requester 1. CP06-365-000; CP06-366-000 6-6-08 Chris Robertson. 2. CP07-208-000 5-6-08 Harold P. Quinn, Jr. 3. CP07-444-000; CP07-441-000 6-6-08 Chris Robertson. 4. CP08-6-000; CP08-9-000; PR08-1-000 5-22-08 G. Steven Farris. 5. CP08-6-000; CP08-9-000; PR08-1-000 6-6-08 Jerry R. Simmons. 6. CP08-6-000; CP08-9-000; PR08-1-000 6-10-08 Adam Haynes. Exempt Docket No. Date received Presenter or requester 1. CP07-62-000 6-10-08 Hon. Barbara A. Mikulski. 2. CP08-100-000 5-29-08 Hon. John A. Boehner. 3. CP08-208-000 5-28-08 Hon. Jon A. Husted. 4. CP08-6-000; CP08-9-000; PR08-1-000 6-12-08 Hon. John Culberson, Hon. Kevin Brady, Hon. Michael C. Burgess. 5. Project No. 10856-000 6-16-08 Jean Potvin. 6. Project No. 10856-000 6-16-08 Jon Cofrancesco. Kimberly D. Bose, Secretary. [FR Doc. E8-14064 Filed 6-20-08; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8683-7] Science Advisory Board Staff Office; EPA Clean Air Scientific Advisory Committee (CASAC); Notification of Public Advisory Committee Meetings (Teleconferences) of the CASAC Ambient Air Monitoring & Methods

(AAMM)Subcommittee and the CASAC AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Environmental Protection Agency (EPA or Agency) Science Advisory Board

(SAB)Staff Office announces: A public advisory teleconference of the Ambient Air Monitoring & Methods

(AAMM)Subcommittee (Subcommittee) of the Clean Air Scientific Advisory Committee (CASAC) to conduct a peer review of the proposed Federal Reference Method

(FRM)for the measurement of lead

(Pb)in particulate matter less than 10 micrometers in diameter (PM 10 ) in ambient air, and a consultation concerning the need and approaches for the development of a low-volume ambient air monitor for Pb in total suspended particulate

(TSP)FRM or Federal Equivalent Method (FEM); and a public teleconference of the chartered CASAC to review and approve the Subcommittee's report from its review of the Pb-PM 10 FRM. DATES: The Subcommittee will hold a public teleconference on Monday, July 14, 2008, from 1 p.m. to 5 p.m. (Eastern Time). The chartered CASAC will hold a public teleconference on Monday, August 18, 2008, from 1 p.m. to 4 p.m. (Eastern Time). FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to obtain the teleconference call-in numbers and access codes; submit a written or brief oral statement (three minutes or less); or receive further information concerning these teleconference meetings, must contact Mr. Fred Butterfield, Designated Federal Officer (DFO). Mr. Butterfield may be contacted at the EPA Science Advisory Board (1400F), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; or via telephone/voice mail: 202-343-9994; fax: 202-233-0643; or e-mail at *butterfield.fred@epa.gov.* General information concerning the CASAC can be found on the EPA Web site at *http://www.epa.gov/casac.* SUPPLEMENTARY INFORMATION: *Background:* The CASAC, which is composed of seven members appointed by the EPA Administrator, was established under section 109(d)(2) of the Clean Air Act(CAA or Act) (42 U.S.C. 7409) as an independent scientific advisory committee. The CASAC provides advice, information and recommendations on the scientific and technical aspects of issues related to air quality criteria and the National Ambient Air Quality Standards (NAAQS) under sections 108 and 109 of the Act. The CASAC is chartered under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. The SAB Staff Office established the CASAC AAMM Subcommittee in 2004 as a standing subcommittee to provide the EPA Administrator, through the CASAC, with advice and recommendations, as necessary, on topical areas related to ambient air monitoring, methods and networks. The CASAC and the Subcommittee comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Section 109(d)(1) of the CAA requires that the Agency periodically review and revise, as appropriate, the air quality criteria and the NAAQS for the six “criteria” air pollutants, including lead. EPA initiated its current review of the NAAQS for lead in early 2005. In March 2008, the Subcommittee held a public teleconference meeting to conduct a consultation on technical issues relating to the ambient air monitoring of Pb-PM 10 , including options for the Lead NAAQS indicator, a draft Federal Reference Method

(FRM)for Pb-PM 10 , lead monitoring network design, and sampling frequency. The CASAC's report to the EPA Administrator concerning this consultation (EPA-CASAC-08-010, dated April 14, 2008) is available on the EPA Web site at *http://yosemite.epa.gov/sab/sabproduct.nsf/733B01113F8000AA8525742C005C478D/$File/EPA-CASAC-08-010-unsigned.pdf.* On May 20, 2008, EPA published in the **Federal Register** (FR 73 29184) its proposed rule for the revision of the NAAQS for Lead and associate lead-monitoring requirements. The proposed revisions included a proposed FRM for the measurement of Pb-PM 10 . In addition, the preamble requested public comments on the need and approaches for the development of a low-volume ambient air monitor for Pb in total suspended particulate

(TSP)FRM or Federal Equivalent Method (FEM). The purpose of the July 14, 2008 public teleconference is for the Subcommittee to conduct a technical peer review on the proposed FRM for Pb-PM 10 and to provide a consultation on the need for and approaches for development of a low-volume Pb-TSP FRM or FEM. The purpose of the August 18, 2008 public teleconference is for the chartered CASAC to review and approve the Subcommittee's draft report from its review of the Pb-PM 10 FRM. *Technical Contacts:* Any technical questions concerning the Agency's proposed FRM can be directed to Mr. Kevin Cavender, OAQPS, at phone: 919-541-2364, or e-mail *cavender.kevin@epa.gov;* or to Mr. Lewis Weinstock, OAQPS, at phone: 919-541-3661, or e-mail *weinstock.lewis@epa.gov.* *Availability of Meeting Materials:* The draft FRM for Pb-PM 10 that will be the subject of the peer review is contained in the **Federal Register** notice for the proposed rule (May 20, 2008, FR 73 29184). The Agency will post additional documents to be discussed during this consultation on the EPA Technology Transfer Network

(TTN)Web page for the Lead NAAQS at *http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_td.html.* The meeting agenda and any other materials for the CASAC teleconferences will be posted on the EPA Web site at *http://www.epa.gov/casac* in advance of these teleconferences. *Procedures for Providing Public Input:* Interested members of the public may submit relevant written or oral information for the CASAC AAMM Subcommittee or the CASAC to consider on the topics included in this advisory activity and/or the group conducting the activity. *Oral Statements:* In general, individuals or groups requesting an oral presentation at a public teleconference will be limited to three minutes per speaker, with no more than a total of 30 minutes for all speakers. To be placed on the list of public speakers for the Subcommittee's July 14, 2008 teleconference meeting, interested parties should contact Mr. Butterfield, DFO, in writing (preferably via e-mail), by July 7, 2008, at the contact information noted above. To be placed on the public speaker's list for the CASAC's August 18, 2008 teleconference meeting, interested parties should contact Mr. Butterfield by August 11, 2008. *Written Statements:* Written statements for the Subcommittee's July 14, 2008 teleconference meeting should be received in the SAB Staff Office by July 10, 2008, so that the information may be made available to the Subcommittee for its consideration prior to this teleconference. For the teleconference meeting of the chartered CASAC on August 18, 2008, statements should be received in the SAB Staff Office by August 14, 2008. Written statements should be supplied to the DFO electronically via e-mail (acceptable file formats: Adobe PDF, MS Word, WordPerfect, MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/2000/XP format). *Accessibility:* For information on access or services for individuals with disabilities, please contact Mr. Butterfield at the phone number or e-mail address noted above, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request. Dated: June 17, 2008. Vanessa T. Vu, Director, EPA Science Advisory Board Staff Office. [FR Doc. E8-14107 Filed 6-20-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested June 16, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before July 23, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Submit your comments to Nicholas A. Fraser, Office of Management and Budget (e-mail address: *nfraser@omb.eop.gov* ), and to the Federal Communications Commission's PRA mailbox (e-mail address: *PRA@fcc.gov* ). Include in the e-mails the OMB control number of the collection as shown in the SUPPLEMENTARY INFORMATION section below or, if there is no OMB control number, the Title as shown in the SUPPLEMENTARY INFORMATION section. If you are unable to submit your comments by e-mail contact the person listed below to make alternate arrangements. FOR FURTHER INFORMATION CONTACT: For additional information contact Leslie F. Smith via e-mail at *PRA@fcc.gov* or at

(202)418-0217. To view or obtain a copy of an information collection request

(ICR)submitted to OMB:

(1)Go to this OMB/GSA Web page: *http://www.reginfo.gov/public/do/PRAMain,*

(2)look for the section of the web page called “Currently Under Review,”

(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,

(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,

(5)click the “Submit” button to the right of the “Select Agency” box, and

(6)when the list of FCC ICRs currently under review appears, look for the OMB control number of the ICR you want to view (or its title if there is no OMB control number) and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0734. *Title:* Sections 53.209, 53.211 and 53.213—Accounting Safeguards; and Sections 260 and 271-276 of the Communications Act of 1934, as amended. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Businesses or other for-profit. *Number of Respondents and Responses:* 3 respondents; 1,551 responses. *Estimated Time per Response:* 0.5—4,593 hours. *Obligation to Respond:* Required to obtain or retain a benefit. *See* Section 272(f)(1) Sunset of the BOC Separate Affiliate and Related Requirements, *et al.* , WC Docket No. 02-112, 22 FCC Rcd 16440 (2007). *Frequency of Response:* On occasion and biennial reporting requirements; third party disclosure requirement; and recordkeeping requirement. *Total Annual Burden:* 72,495 hours. *Total Annual Cost:* $1,500,000. *Privacy Act Impact Assessment:* No impacts. *Nature and Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR Section 0.459 of the Commission's rules. *Needs and Uses:* A Bell Operating Company

(BOC)may choose from among three regulatory regimes in its provision of in-region, interstate, interLATA (Local Access and Transport Area) telecommunications services. One of these regimes is the regime set forth in section 272 of the Communications Act and the Commission's implementing rules, 47 CFR section 272. Under this regime, a BOC and its section 272 affiliate may not jointly own transmission and switching equipment. The separate section 272 affiliate must maintain separate books of account and have separate officers and directors. The separate section 272 affiliate may not obtain credit under arrangements that would permit the creditor to look to the assets of the BOC. The section 272 affiliate must conduct all transactions with the BOC on an arm's length basis, pursuant to the Commission's affiliate transaction rules, with the terms and conditions of such transactions reduced to writing and available for public inspection on the Internet. Section 272(d) states that companies required to maintain a separate affiliate “shall obtain and pay for a Federal/State audit every two years conducted by an independent auditor to determine whether such company has complied with this section and the regulations promulgated under this section, and particularly whether such company has complied with the separate accounting requirements under [section 272(b)].” These information collection requirements are intended to prevent discrimination, cost misallocation and other anti-competitive conduct by the BOCs. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-14023 Filed 6-20-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested June 15, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before July 23, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Submit your comments to Nicholas A. Fraser, Office of Management and Budget (e-mail address: *nfraser@omb.eop.gov* ), and to the Federal Communications Commission's PRA mailbox (e-mail address: *PRA@fcc.gov* ). Include in the e-mails the OMB control number of the collection as shown in the SUPPLEMENTARY INFORMATION section below or, if there is no OMB control number, the Title as shown in the SUPPLEMENTARY INFORMATION section. If you are unable to submit your comments by e-mail contact the person listed below to make alternate arrangements. FOR FURTHER INFORMATION CONTACT: For additional information contact Leslie F. Smith via e-mail at *PRA@fcc.gov* or at

(202)418-0217. To view or obtain a copy of an information collection request

(ICR)submitted to OMB:

(1)Go to this OMB/GSA Web page: *http://www.reginfo.gov/public/do/PRAMain,*

(2)look for the section of the Web page called “Currently Under Review,”

(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,

(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,

(5)click the “Submit” button to the right of the “Select Agency” box, and

(CPNI)and Other Customer Information, CC Docket No. 96-115. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities. *Number of Respondents and Responses:* 6,017 respondents; 137,256,125 responses. *Estimated Time per Response:* 0.153 minutes. *Frequency of Response:* On occasion, biennial, annual, and one time reporting requirements; recordkeeping; and third party disclosure. *Obligation to Respond:* Mandatory as required by section 222 of the Communications Act of 1934, as amended, 47 U.S.C. 222. *Total Annual Burden:* 350,704 hours. *Total Annual Cost:* $3,000,000. *Privacy Act Impact Assessment:* No impacts. *Nature and Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR Section 0.459 of the Commission's rules. *Needs and Uses:* Section 222 of the Communications Act of 1934, as amended, 47 U.S.C. Section 222, establishes a duty of every telecommunications carrier to protect the confidentiality of its customers' CPNI, which includes personally identifiable information derived from a customer's relationship with a provider of communications services. This information collection implements the statutory obligations of section 222. These regulations impose safeguards to protect customers' CPNI against unauthorized access and disclosure. In March 2007, the Commission adopted new rules in the *CPNI Order* , CC Docket No. 96-115 *et al.* , FCC 07-22, which focused on the efforts of providers of communications services to prevent pretexting. These rules required providers of communications services to adopt additional privacy safeguards that, the Commission believes, will sharply limit pretexters' ability to obtain unauthorized access to the type of personal customer information from carriers that the Commission regulates. In addition, in furtherance of the Telephone Records and Privacy Protection Act of 2006, the Commission's rules help ensure that law enforcement will have necessary tools to investigate and enforce prohibitions on illegal access to customer records. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-14118 Filed 6-20-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested June 17, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before July 23, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Submit your comments to Nicholas A. Fraser, Office of Management and Budget (e-mail address: *nfraser@omb.eop.gov* ), and to the Federal Communications Commission's PRA mailbox (e-mail address: *PRA@fcc.gov* ). Include in the e-mails the OMB control number of the collection as shown in the SUPPLEMENTARY INFORMATION section below or, if there is no OMB control number, the Title as shown in the SUPPLEMENTARY INFORMATION section. If you are unable to submit your comments by e-mail contact the person listed below to make alternate arrangements. FOR FURTHER INFORMATION CONTACT: For additional information contact Leslie F. Smith via e-mail at *PRA@fcc.gov* or at

(202)418-0217. To view or obtain a copy of an information collection request

(ICR)submitted to OMB:

(1)Go to this OMB/GSA Web page: *http://www.reginfo.gov/public/do/PRAMain,*

(2)look for the section of the Web page called “Currently Under Review,”

(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,

(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,

(5)click the “Submit” button to the right of the “Select Agency” box, and

(6)when the list of FCC ICRs currently under review appears, look for the OMB control number of the ICR you want to view (or its title if there is no OMB control number) and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1005. *Title:* Number Resources Optimization—Phase 3. *Form Number:* Not applicable. *Type of Review:* Revision of a currently approved collection. *Respondents:* Businesses or other for-profit and State, Local or Tribal Government. *Number of Respondents and Responses:* 17 respondents; 32 responses. *Estimated Time per Response:* 1 to 55 hours. *Frequency of Response:* On occasion reporting requirements; third party disclosure. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 860 hours. *Total Annual Cost:* None. *Privacy Act Impact Assessment:* No impacts. *Nature and Extent of Confidentiality:* The Commission is not requesting respondents to submit confidential information to the Commission. If the Commission requests respondents to submit information which respondents believe is confidential, respondents may request confidential treatment of such information pursuant to section 0.459 of the Commission's rules. *Needs and Uses:* In the Communications Act of 1934, as amended by the Telecommunications Act of 1996, the Federal Communications Commission (“FCC” or “Commission”) was given “exclusive jurisdiction” over those portions of the North American Numbering Plan

(NANP)that pertain to the United States.” To ensure that the numbering resources of the NANP continue to be used efficiently, the Commission requires that applications to state commissions from carriers must demonstrate that certain requirements are met before states grant any use of the safety valve mechanisms. It also requires that State commissions seeking to implement service-specific and/or technology-specific area code overlays must request delegated authority to do so. The information collected by the FCC and state commissions will be used to assist these regulatory bodies in their efforts to maximize the efficiency with which numbering resources in the NANP are utilized. The Commission notes that the Reporting Requirements for Federal Cost Recovery information collection requirement was a “one time” requirement that expired.* * * Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-14120 Filed 6-20-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested June 17, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. Sections 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a current valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid control number. Comments are requested concerning:

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

(b)the accuracy of the Commission's burden estimate;

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written PRA comments should be submitted on or before August 22, 2008. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit all PRA comments by e-mail or U.S. mail. To submit your comments by e-mail, send them to *PRA@fcc.gov* . To submit your comments by U.S. mail, send them to Leslie F. Smith, Federal Communications Commission, Room 1-C216, 445 12th Street, SW., Washington, DC 20554. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0804. *Title:* Universal Service—Rural Health Care Program/Rural Health Care Pilot Program. *Form Number(s):* FCC Forms 465, 466, 466-A, and 467. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit; not-for-profit institutions; and state, local, or tribal governments. *Number of Respondents and Responses:* 6,494 respondents; 59,494 responses. *Estimated Time per Response:* 0.10-20 hours. *Frequency of Response:* Recordkeeping; on occasion, one time, annual, quarterly, and monthly reporting requirements; third party disclosure. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 67,467 hours. *Total Annual Cost:* $0.00. *Privacy Impact Assessment:* No Impact(s). *Nature and Extent of Confidentiality:* The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission's rules. *Needs and Uses:* In the Telecommunications Act of 1996 (1996 Act), Congress specifically sought to provide rural health care providers with “an affordable rate for the services necessary for the provision of telemedicine and instruction relating to such services.” In 1997, the Commission implemented this statutory directive by adopting the current Rural Health Care support mechanism, which provides universal service support to ensure that rural health care providers pay no more than their urban counterparts for their telecommunications needs and Internet access in the provision of health care services. Despite the Commission's efforts to increase the utility of the Rural Health Care support mechanism, the program has yet to fully achieve the benefits intended by the statute and the Commission. In particular, health care providers continue to lack access to the broadband facilities needed to support the types of advanced telehealth applications, like telemedicine, that are vital to bringing medical expertise and the advantages of modern health technology to rural areas of the nation. In response, the Commission issued the 2007 Pilot Program Selection Order (WC Docket No. 02-60; FCC 07-198 ) which selected 69 participants for the universal service Rural Health Care Pilot Program (which was originally established by the Commission in September 2006). These 69 participants are eligible for up to 85 percent of the costs associated with:

(1)The construction of state or regional broadband health care networks and with the advanced telecommunications and information services provided over those networks;

(2)connecting to Internet2 or National LambdaRail, which are both dedicated nationwide backbones; and

(3)connecting to the public Internet. Approximately $417 million in universal service support over three years (or $139 million per funding year) will be available to these participants. To minimize the burden on Pilot Program participants and to streamline the process, the Commission generally uses the same forms as the existing Rural Health Care support mechanism. For example, selected participants, in order to receive support, must submit an FCC Form 465 (seeking bids), FCC Form 466-A (selection of service provider), and FCC Form 467 (notification of service initiation). Due to the unique structure of the Pilot Program, however, in the 2007 Pilot Program Selection Order, the Commission provides guidance regarding how these forms should be completed and additional information is required from selected participants, including proposed network costs worksheets, certifications, letters of agency from each participating health care provider, invoices showing actual incurred costs, and, if applicable, network design studies. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-14133 Filed 6-20-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than July 8, 2008. **A. Federal Reserve Bank of Atlanta** (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. William E. Arnold, John M. Hubbard, Kellee S. Whitehurst, Betty W. Arnold, and William E. Arnold, as Trustee of the Betty W. Arnold Revocable Trust* , all of Williston, Florida, to acquire voting shares of Williston Holding Company, and thereby indirectly acquire voting shares of Perkins State Bank, both of Willston, Florida. Board of Governors of the Federal Reserve System, June 18, 2008. Margaret McCloskey Shanks, Associate Secretary of the Board. [FR Doc. E8-14085 Filed 6-20-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Secretary's Advisory Committee on Human Research Protections AGENCY: Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science. ACTION: Notice. SUMMARY: Pursuant to Section 10(a) of the Federal Advisory Committee Act, U.S.C. Appendix 2, notice is hereby given that the Secretary's Advisory Committee on Human Research Protections (SACHRP) will hold its sixteenth meeting. The meeting will be open to the public. DATES: The meeting will be held on Tuesday, July 15, 2008, from 8:30 a.m. until 4:30 p.m. and Wednesday, July 16, 2008, from 8:30 a.m. until 4:30 p.m. ADDRESSES: The Sheraton National Hotel, 900 South Orme Street, Arlington, Virginia 22204. Phone: 703-521-1900. FOR FURTHER INFORMATION CONTACT: Ivor Pritchard, PhD, Acting Director, Office for Human Research Protections, or Julia Gorey, J.D., Acting Executive Director, SACHRP; U.S. Department of Health and Human Services, 1101 Wootton Parkway, Suite 200, Rockville, Maryland 20852; 240-453-6900; fax: 240-453-6909; E-mail address: *sachrp@osophs.dhhs.gov.* SUPPLEMENTARY INFORMATION: Under the authority of 42 U.S.C. 217a, Section 222 of the Public Health Service Act, as amended, SACHRP was established to provide expert advice and recommendations to the Secretary of Health and Human Services and the Assistant Secretary for Health on issues and topics pertaining to or associated with the protection of human research subjects. On July 15, 2008, SACHRP will receive and discuss a report from the Subcommittee on Inclusion of Individuals with Impaired Decision-Making in Research. The Subcommittee on Inclusion of Individuals with Impaired Decision-Making in Research is charged with developing recommendations for consideration by SACHRP about whether guidance and/or additional regulations are needed for research involving individuals with impaired decision-making capacity. This subcommittee was formed as a result of discussions during the July 31-August 1, 2006 SACHRP meeting. In addition, an invited panel will discuss ethical issues associated with tissue repositories and biological specimens, including questions surrounding community consent, appropriateness and validity of consent for unspecified uses, and appropriate waiver of consent. On July 16, 2008, the Committee will receive and discuss a report from the Subpart A Subcommittee. The Subpart A Subcommittee is charged with developing recommendations for consideration by SACHRP about the application of Subpart A of 45 CFR part 46 in the current research environment. This subcommittee was established by SACHRP at its October 4-5, 2006 meeting. In addition, SACHRP members will make brief presentations on the problems and issues they see with the present Human Subjects Protection System, followed by a period of discussion. Public attendance at the meeting is limited to space available. Individuals who plan to attend the meeting and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the designated contact persons. Members of the public will have the opportunity to provide comments on both days of the meeting. Public comment will be limited to five minutes per speaker. Any members of the public who wish to have printed materials distributed to SACHRP members for this scheduled meeting should submit materials to the Acting Executive Director, SACHRP, prior to the close of business Monday, June 30, 2008. Information about SACHRP and the draft meeting agenda will be posted on the SACHRP Web site at: *http://www.hhs.gov/ohrp/sachrp/index.html.* Dated: June 16, 2008. Ivor A. Pritchard, Acting Director, Office for Human Research Protections Acting Executive Secretary, Secretary's Advisory Committee on Human Research Protections. [FR Doc. E8-14035 Filed 6-20-08; 8:45 am] BILLING CODE 4150-36-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-08-0706] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention

(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 or send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* Comments are invited on:

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

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;

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

(CCR)in 45 states, two territories, the District of Columbia, and the Pacific Islands. The National Cancer Institute supports the operations of CCRs in the five remaining states. Cancer registries currently submit information about registry operations to CDC on an annual basis via a secure, web-based Annual Program Evaluation Instrument

(APEI)(OMB 0920-0706, exp. 12/31/2008). During the next OMB approval period, CDC proposes to change the data collection frequency from annual to every other year, with data collection occurring only in odd-numbered years. This change will reduce burden to respondents. The project title and the instrument will be revised to reflect the change in data collection frequency (from National Program of Cancer Registries Annual Program Evaluation Instrument (NPCR-APEI) to National Program of Cancer Registries Program Evaluation Instrument (NPCR-PEI)). The Program Evaluation Instrument (NCPR-PEI) includes questions about the following categories of registry operations:

(1)Staffing,

(2)legislation,

(3)administration,

(4)reporting completeness,

(5)data exchange,

(6)data content and format,

(7)data quality assurance,

(8)data use,

(9)collaborative relationships,

(10)advanced activities,

(11)“success stories” that summarize ways in which CCR data are used, and

(12)survey feedback. Examples of information that can be obtained from various questions include, but are not limited to:

(1)Number of filled full-time staff positions by position responsibility;

(2)legislation protecting the confidentiality of CCR data;

(3)data quality control activities;

(4)data collection activities as they relate to achieving NPCR standards for data completeness; and

(5)whether or not registry data are used for comprehensive cancer control programs, needs assessment/program planning, clinical studies, or incidence and mortality estimates. The NPCR-PEI is needed in order to receive, process, evaluate, aggregate, and disseminate NPCR program information. The information is used by CDC and the NPCR-funded registries to monitor progress toward meeting established program standards, goals, and objectives; to evaluate various attributes of the registries funded by NPCR; and to respond to data inquiries made by CDC and other agencies of the federal government. CDC requests OMB approval for a period of three years to collect information in the summer of 2009 and the summer of 2011. There are no costs to respondents except their time. The estimated annualized burden hours are summarized in the table below. Estimated Annualized Burden Hours Respondents Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden (in hours) NPCR Grantees 33 1 1.5 50 Dated: June 13, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-14152 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-08-08BE] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention

(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* *Comments are invited on:*

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

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;

(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. Written comments should be received within 60 days of this notice. Proposed Project Chronic Hepatitis Cohort Study (CHeCS)—New—National Center for HIV, Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC). Background and Brief Description Approximately 3.2 million Americans are chronically infected with hepatitis C virus and 1.25 million Americans are chronically infected with hepatitis B virus. Each year, there are approximately 8,000-10,000 hepatitis C virus infection related deaths and 3,000-5,000 hepatitis B virus infection related deaths. Current surveillance activities are not designed to monitor long-term outcomes and merely report diagnosed cases of hepatitis B and hepatitis C virus infections. In order to investigate long-term effects of new therapies for chronic viral hepatitis B and C infections, we need longitudinal observational cohorts of persons chronically infected with hepatitis B and/or C virus. Information from longitudinal cohorts of patients with chronic hepatitis B and C virus infection will provide an understanding of the spectrum and natural history and, the public health impact of chronic hepatitis disease. The proposed project will establish a longitudinal observational cohort of patients with chronic viral hepatitis in one or more clinical centers. A patient behavior questionnaire will be included with the clinical information that physicians routinely collect when evaluating and examining a patient ( *i.e.* during physician-patient interactions). The information linking behaviors with the clinical information from this longitudinal study will enable better care and management of persons with chronic hepatitis B and C virus infections and reduce hepatitis-related mortality. The total annual burden for this project is expected to be 500 hours. The information to be collected in the patient behavior questionnaire includes demographic data, alcohol or drug use, access to care, quality of life, and adherence to prescribed therapy, which is essential in order to be able to correctly interpret clinical outcomes data. These data will be used to describe the spectrum and natural history of disease associated with chronic hepatitis B and C virus infection, to determine the extent of health burden and mortality related to chronic viral hepatitis, describe the characteristics of persons in care for chronic viral hepatitis infection, describe access to and effectiveness of recommended preventive and therapeutic interventions, and evaluate ongoing risk behaviors and their impact on health outcomes. Participation in this data collection is voluntary and there is no cost to respondents other than their time. Estimated Annualized Burden Hours Respondents Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden (in hours) Patients with chronic hepatitis B or C virus infection 1000 1 30/60 500 Dated: June 13, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-14154 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Health Promotion and Disease Prevention Research Centers: FY08 Special Interest Project Competitive Supplements, Program Announcement Number

(PA)DP 08-002 In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the aforementioned meeting: *Time and Dates:* 8 a.m.-5 p.m., July 9, 2008 (Closed).8 a.m.-5 p.m., July 10, 2008 (Closed). *Place:* Teleconference. *Status:* The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of applications received in response to “Health Promotion and Disease Prevention Research Centers: FY08 Special Interest Project Competitive Supplements, PA DP 08-002.” *Contact Person for More Information:* K. Ann Berry, Senior Scientist, CDC, 1600 Clifton Road, NE., Mailstop E20, Atlanta, GA 30333, Telephone

(404)498-2503. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: June 16, 2008. Elaine L. Baker, Director, Management Analysis and Services Office,Centers for Disease Control and Prevention. [FR Doc. E8-14082 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Spina Bifida Patient Registry Demonstration Project (U01), Program Announcement Number

(PA)DP 08-001 In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the aforementioned meeting. *Time and Date:* 8 a.m.-5 p.m., July 10, 2008 (Closed). *Place:* Grand Hyatt Atlanta, 3300 Peachtree Road, NE., Atlanta, GA 30305, Telephone:

(404)237-1234. *Status:* The meeting will be closed to the public in accordance with provisions set forth in section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters To Be Discussed:* The meeting will include the review, discussion, and evaluation of applications received in response to “Spina Bifida Patient Registry Demonstration Project (U01), PA DP 08-001.” *For More Information Contact:* Gwendolyn Cattledge, Deputy Associate Director for Science, CDC, 1600 Clifton Road, NE., Mailstop F63, Atlanta, GA 30333, Telephone

(770)488-4655. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: June 16, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-14088 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Center for Injury Prevention and Control Initial Review Group In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announce the following teleconference meeting: *Name:* National Center for Injury Prevention and Control (NCIPC), Initial Review Group (IRG). *Times and Date:* 1 p.m.-1:30 p.m., July 11, 2008 (Open).1:30 p.m.-5 p.m., July 11, 2008 (Closed). *Place:* Centers for Disease Control and Prevention, Chamblee Campus, Building 106, 4770 Buford Highway, Atlanta, Georgia 30341. Toll Free: 888-793-2154, Participant Passcode: 4424802. *Status:* Portions of the meetings will be closed to the public in accordance with provisions set forth in section 552b(c)(4) and (6), Title 5, U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to section 10(d) of Public Law 92-463. *Purpose:* This group is charged with providing advice and guidance to the Secretary, Department of Health and Human Services, and the Director, CDC, concerning the scientific and technical merit of grant and cooperative agreement applications received from academic institutions and other public and private profit and nonprofit organizations, including State and local government agencies, to conduct specific injury research that focuses on prevention and control. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of individual research grant and cooperative agreement applications submitted in response to Fiscal Year 2008 Requests for Applications related to the following individual research announcement: RFA-EH-08-002, Program to Expand State or Territorial Public Health Laboratory Capacity for Newborn Bloodspot Screening to Include Severe Combined Immune Deficiency

(SCID)(U01). Agenda items are subject to change as priorities dictate. *Contact Person for More Information:* Jane Suen, PhD, M.S., Executive Secretary, NCIPC IRG, CDC, 4770 Buford Highway, NE., M/S F-62, Atlanta, Georgia 30341, telephone 770/488-4281. The Director, Management Analysis and Services Office has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: June 17, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-14077 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Center for Injury Prevention and Control Initial Review Group In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announce the following teleconference meeting: *Name:* National Center for Injury Prevention and Control (NCIPC) Initial Review Group (IRG). *Times And Date:* 1 p.m.-1:30 p.m., July 8, 2008 (Open). 1:30 p.m.-6 p.m., July 8, 2008 (Closed). *Place:* The teleconference will originate at CDC, Chamblee Campus, Building 106, 4770 Buford Highway, Atlanta, Georgia 30341. To participate, dial

(888)793-2154, and enter passcode: 4424802. *Status:* Portions of the meetings will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5, U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Section 10(d) of Public Law 92-463. *Purpose:* This group is charged with providing advice and guidance to the Secretary, Department of Health and Human Services, and the Director, CDC, concerning the scientific and technical merit of grant and cooperative agreement applications received from academic institutions and other public and private profit and nonprofit organizations, including State and local government agencies, to conduct specific injury research that focuses on prevention and control. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of individual research grant and cooperative agreement applications submitted in response to Fiscal Year 2008 Requests for Applications related to the following individual research announcement: “Elimination of Health Disparities Through Translation Research (R18), Request for Application

(RFA)CD08-001 for the National Center for Injury Prevention and Control Applications.” Agenda items are subject to change as priorities dictate. *Contact Person for More Information:* Jane Suen, PhD, M.S., Executive Secretary, NCIPC IRG, CDC, 4770 Buford Highway, NE., M/S F-62, Atlanta, Georgia 30341, telephone 770/488-4281. The Director, Management Analysis and Services Office has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: June 16, 2008. Elaine L. Baker, Director, Management Analysis and Services Office,Centers for Disease Control and Prevention. [FR Doc. E8-14084 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Center for Injury Prevention and Control Initial Review Group In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announce the following meeting: *Name:* National Center for Injury Prevention and Control (NCIPC) Initial Review Group (IRG). *Times and Date:* 9 a.m.-9:30 a.m., July 9, 2008 (Open); 9:30 a.m.-5 p.m., July 9, 2008 (Closed). *Place:* Doubletree Hotel Atlanta-Buckhead, 3342 Peachtree Road, NE., Atlanta, Georgia 30326, Telephone: 404-231-1234. *Status:* Portions of the meetings will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5, U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Section 10(d) of Public Law 92-463. *Purpose:* This group is charged with providing advice and guidance to the Secretary, Department of Health and Human Services, and the Director, CDC, concerning the scientific and technical merit of grant and cooperative agreement applications received from academic institutions and other public and private profit and nonprofit organizations, including State and local government agencies, to conduct specific injury research that focuses on prevention and control. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of individual research grant and cooperative agreement applications submitted in response to Fiscal Year 2008 Requests for Applications related to the following individual research announcement: “Elimination of Health Disparities Through Translation Research (R18), Request for Application

(RFA)CD08-001 for the National Center for Environmental Health Applications.” Agenda items are subject to change as priorities dictate. *Contact Person for More Information:* Jane Suen, PhD, M.S., Executive Secretary, NCIPC IRG, CDC, 4770 Buford Highway, NE., M/S F-62, Atlanta, Georgia 30341, telephone 770-488-4281. The Director, Management Analysis and Services Office has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: June 16, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-14158 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Notice Regarding Revisions to the Laboratory Protocol To Measure the Quantity of Nicotine Contained in Smokeless Tobacco Products Manufactured, Imported, or Packaged in the United States AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services. ACTION: Notice and request for public comment. SUMMARY: The uniform protocol for the analysis of nicotine, total moisture, and pH in smokeless tobacco products, originally published in the **Federal Register** in 1999 (64 FR 14086), “Notice Regarding Requirement for Annual Submission of the Quantity of Nicotine Contained in Smokeless Tobacco Products Manufactured, Imported, or Packaged in the United States,” and revised in the **Federal Register** on March 14, 2008 (73 FR 13903), implements the requirement of the Comprehensive Smokeless Tobacco Health Education Act (CSTHEA) of 1986 (15 U.S.C. 4401 *et seq* ., Pub. L. 99-252) that each entity manufacturing, packaging, or importing smokeless tobacco products shall annually provide the Secretary of Health and Human Services

(HHS)with a specification of the quantity of nicotine contained in each smokeless tobacco product. CDC is re-publishing the notice published in the **Federal Register** on March 14, 2008 (73 FR 13903) concerning the revision of the protocol for analysis of nicotine in smokeless tobacco products (hereinafter referred to as “Protocol”) to

(1)make a technical change to correct the date when the first report of information under the revised Protocol is due;

(2)solicit public comments concerning a change in the Protocol that increased the volume of water in the pH determination from 10 mL to 20 mL, and

(3)solicit public comments concerning the addition of the following commercial smokeless tobacco product categories: Dry snuff portion packs, snus, snus portion packs, and pellet or compressed. The Protocol as published in the **Federal Register** on March 14, 2008 (73 FR 13903), remains in effect with the technical correction to the date described below. *Technical change:* The language in the March 14, 2008 notice stated that “The first report of information is due June 30, 2008, with subsequent submissions due by March 31 of each year.” The first report date of information should be 2009 so that the sentence correctly reads: “The first report of information is due June 30, 2009, with subsequent submissions due by March 31 of each year.” DATES: Written comments concerning the change in the volume of liquid in the pH determination and the addition of four commercial smokeless tobacco product categories must be received on or before July 23, 2008. ADDRESSES: Comments should be marked “Comments on Revised Protocol for Analysis of Nicotine” and mailed to the Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, Attention: Matthew McKenna, M.D., Director, 4770 Buford Highway NE., MS K-50, Atlanta, Georgia 30341-3724. Comments may be e-mailed to: *pir1@cdc.gov* . FOR FURTHER INFORMATION CONTACT: Matthew McKenna, M.D. Director, Office on Smoking and Health, Telephone:

(770)488-5701. SUPPLEMENTARY INFORMATION: Several smokeless tobacco product categories have entered the U.S. smokeless tobacco market since the implementation of the protocol in 1999 including snus, low moisture snuff sold in portion pouches, and smokeless tobacco sold in a compressed, pellet form. Some of the new smokeless tobacco product categories differ physically from previous smokeless tobacco categories. After evaluating information that has recently come to the attention of the Centers for Disease Control and Prevention's Office on Smoking and Health

(OSH)regarding low moisture smokeless tobacco products packaged in portion pouches, OSH conducted an independent comparison of pH measurements in a variety of low and high moisture smokeless tobacco products. The results of this comparison, presented in Table 1, indicate that there is an acceptable (less than 2%) level of change in pH values when measurements are taken with 20 mL deionized, distilled water (Condition B) compared to 10 mL of deionized, distilled water (Condition A). Increasing the volume of water in the mixture ensures that the matrix is sufficiently fluid to facilitate ease of measure. Table 1.—Summary of pH Levels Found in Seven Types of Smokeless Tobacco Products: Plug; Loose Leaf or Scrap; Twist; Dry Snuff—Low Moisture/No Pouch; Dry Snuff—Low Moisture/Pouch; Snus; and Moist Snuff Category Smokeless Tobacco Product pH a Condition A 10 mL b Mean c SD d Condition B 20 mL b Mean c SD d pH Change % Change Plug Days O Work Chew 5.06 ± 0.02 5.11 ± 0.03 0.048 0.95 Conwood Company's Sun Cured 5.12 ± 0.02 5.19 ± 0.02 0.067 1.30 Levi Garrett Plug Chew 5.83 ± 0.02 5.91 ± 0.03 0.074 1.26 Taylor's Pride Plug Chew 5.92 ± 0.03 5.97 ± 0.03 0.052 0.89 Loose Leaf Beech-Nut Chew 5.56 ± 0.01 5.62 ± 0.01 0.062 1.11 Redman Chew 5.93 ± 0.01 5.99 ± 0.04 0.067 1.12 Twist Cumberland 5.68 ± 0.01 5.79 ± 0.02 0.107 1.88 Dry Snuff/No Pouch Tube Rose Sweet Scotch Snuff 5.64 ± 0.00 5.69 ± 0.02 0.051 0.90 RailRoad Mills Sweet Scotch Snuff 5.91 ± 0.02 6.02 ± 0.00 0.115 1.95 Dry Snuff/Pouch Taboka 6.44 ± 0.01 6.52 ± 0.00 0.081 1.26 Skoal Dry Cinnamon 6.78 ± 0.00 6.83 ± 0.01 0.056 0.83 Snus Camel Snus Original 7.43 ± 0.00 7.44 ± 0.00 0.010 0.13 Moist Snuff Renegades Wintergreen 6.45 ± 0.03 6.53 ± 0.03 0.079 1.22 Copenhagen Regular 7.61 ± 0.02 7.52 ± 0.01 −0.090 −1.18 Kodiak Ice Long Cut Regular 8.13 ± 0.04 8.13 ± 0.01 0.001 0.01 a The standard protocol published in the **Federal Register** to measure pH in smokeless tobacco products is as follows: 10 mL of deionized distilled water is added to 2.00 grams of smokeless tobacco product measuring pH at 5, 15, 30 and 60 minute intervals. Recently introduced low moisture dry snuff smokeless tobacco products packed in pouches had a thick paste-like consistency when prepared in 10 mL of deionized distilled water. When 2.00 grams e of low moisture dry snuff smokeless tobacco products packed in pouches were prepared in 20 mL of deionized distilled water, the sample remains suspended in liquid and is well mixed. b n = 1. c Average pH from four measured intervals. d Standard Deviation. e Accurately weighed: 2.000 ± .0005 grams. OSH has determined that these revisions will improve the applicability of the protocol and provide guidance to reporting entities and other interested parties for testing of all currently marketed categories of smokeless tobacco. The change in the volume of liquid in the pH determination facilitates the ease of measure of smokeless tobacco pH for all currently marketed smokeless tobacco categories (i.e., plug, twist, moist snuff, dry snuff, snus, loose leaf, chew, moist snuff in portion pouches, smokeless tobacco compressed into a pellet, and dry snuff in portion pouches). Collection of Information This proposed amendment does not call for any new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Dated: June 13, 2008. James D. Seligman, Chief Information Officer, Centers for Disease Control and Prevention. Revised Protocol for Analysis of Nicotine, Total Moisture, and pH in Smokeless Tobacco Products I. Requirements 1 2 A. Reagents 3 1. Sodium hydroxide (NaOH), 2N. 2. Methyl t-butyl ether (MTBE). 3. (-) -Nicotine (Fluka 72290) >99% purity. 4 5 4. Quinoline (Aldrich). 5. Standard pH buffers; 4.01, 7.00, and 10.00. 6. Deionized distilled water. B. Glassware and Supplies 1. Volumetric flasks, class A. 2. Culture tubes, 25 mm x 200 mm, with Teflon-lined screw caps. 3. Pasteur pipettes. 4. Repipettors (10 mL and 50 mL). 5. Linear shaker (configured to hold tubes in horizontal position). 6 7 6. Weighing dishes, aluminum. 7. Teflon-coated magnetic stirring bars. 8. Polypropylene containers, 50 mL. C. Instrumentation 1. Robot Coupe Model RSI 2V Scientific Batch Processor. 2. Capillary gas chromatograph, Hewlett Packard, Model 6890, with split/splitless injector capability, flame ionization detector, and a capillary column (Hewlett Packard HP-5, Crosslinked 5% PH ME Siloxane, 30 m length × 0.32 mm ID, film thickness 0.25 or 0.52 μm). 3. Orion Model EA 940 pH meter equipped with Orion 8103 Ross combination pH electrode. D. Additional Equipment Forced-air oven, Fisher Isotemp®, regulated to 99 ± 1.0 °C. Suggested dimensions: 18 × 18 × 20 inches. E. Chromatographic Conditions 8 9 1. Detector temperature: 250 °C. 2. Injector temperature: 250 °C. 3. Flow rate at 100 °C—1.7 mL/min; with split ratio of 40:1. 10 4. Injection volume: 2 μl. 5. Column conditions: 110-185 °C at 10 °C min −1 ; 185-240 °C at 6 °C min −1 , hold at final temperature for 10 min. F. Sample Preparation 11 There are ten different categories of commercial smokeless tobacco products: 1. Dry snuff; 2. Moist

(wet)snuff; 3. Moist

(wet)snuff portion packs; 4. Plug; 5. Twist; 6. Loose leaf; 7. Dry snuff portion packs; 8. Snus; 9. Snus portion packs; and 10. Pellet or Compressed. Because of their physical characteristics, some of the ten product categories must be ground (whole or in part) before nicotine, total moisture, and pH analyses can be conducted. The objective of grinding the samples is to obtain a homogeneous sample with particles measuring approximately 4 mm. Grinding to achieve this particle size should take no more than 3 minutes. To ensure proper grinding and an adequate amount of the ground sample for analysis, the minimum sample size of all commercial products to be ground should not be less than 100 grams. To ensure precision of analyses for nicotine, total moisture, and pH, the samples that require grinding should be ground using a Robot Coupe Model RSI 2V Scientific Batch Processor or its equivalent. This is a variable speed (0 to 3000 RPM) processor. The variable speed motor is required to ensure proper grinding of the tobacco tissues (and in the case of pH determination, the portion pack). Elevated temperatures can result in moisture loss and an underestimated value for moisture content. Hence, care must be taken during grinding to avoid elevated temperatures. The bowl should be cleaned after each grinding to obtain accurate results. Freeze- or cryo-grinding is also an acceptable grinding method. 1. Dry snuff: Dry snuff samples do not need to be ground since the product is a powder. The sample must be thoroughly mixed before weighing for nicotine, total moisture, and pH analysis. 2. Moist

(wet)snuff: Moist

(wet)snuff samples do not need to be ground. The sample must be thoroughly mixed before weighing for nicotine, total moisture, and pH analysis. 3. Moist

(wet)snuff portion packs: The tobacco contents of the moist

(wet)snuff portion packs do not need to be ground for nicotine, total moisture, or pH analysis. The tobacco packaging material (the “pouch”) should be separated from the tobacco and ground to obtain particles measuring approximately 4 mm for pH analysis. The tobacco of the moist

(wet)snuff portion pack and the ground pouch are combined and thoroughly mixed before pH analysis. 4. Plug tobacco: Break or cut apart plugs and add in portions to grinder at 2000 RPM. Reduce RPM or stop grinding if sample bowl becomes warm. Pulse the Robot Coupe, when needed, to complete grinding. Grind samples until approximately 4 mm in size. The total grinding time should be no more than 3 minutes. 5. Twist tobacco: Separate twists, add to grinder and grind at 2000 RPM. Reduce RPM or stop grinding if sample bowl becomes warm. Continue grinding until sample particles are approximately 4 mm in size. The total time for grinding should be no more than 3 minutes. 6. Loose leaf: Grind in the same manner as described in 4 and 5 to obtain product with particle size of approximately 4 mm. 7. Dry snuff portion packs: The tobacco contents of the dry snuff portion packs do not need to be ground for nicotine, total moisture, or pH analysis. The tobacco packaging material (the “pouch”) should be separated from the tobacco and ground to obtain particles measuring approximately 4 mm for pH analysis. The tobacco of the dry snuff portion pack and the ground pouch are combined and thoroughly mixed before pH analysis. 8. Snus: Snus samples do not need to be ground since the product is a powder. The sample must be thoroughly mixed before weighing for nicotine, total moisture, and pH analysis. 9. Snus portion packs: The tobacco contents of the snus portion packs do not need to be ground for nicotine, total moisture, or pH analysis. The tobacco packaging material (the “pouch”) should be separated from the tobacco and ground to obtain particles measuring approximately 4 mm for pH analysis. The tobacco of the snus portion pack and the ground pouch are combined and thoroughly mixed before pH analysis. 10. Pellet or compressed: Break apart compressed tobacco pellets and add in portions to grinder at 2000 RPM. Reduce RPM or stop grinding if sample bowl becomes warm. Pulse the Robot Coupe, when needed, to complete grinding. Grind samples until approximately 4 mm in size. The total grinding time should be no more than 3 minutes. II. Nicotine Analysis 12 A. Calibration Standards 1. Internal Standard

(IS)Weigh 10.00 grams of quinoline, transfer to a 250 mL volumetric flask and dilute to volume with MTBE. This solution will be used for calibration of the instrument for the nicotine calibration curve (II.A.2), for the standards addition assay (II.B), and for preparation of the extracting solution (II.D). 2. Nicotine Calibration Curve a. Weigh 1.0000 gram of nicotine into a clean, dry 100 mL volumetric flask and dilute to volume with MTBE. This gives a nicotine concentration of 10 mg/mL for the stock solution. b. Accurately pipette 0.5 mL of IS from stock solution (II.A.1) to five clean, dry 50 mL volumetric flasks. To prepare a nicotine standard corresponding to a concentration of 0.8 mg/mL, pipette exactly 4.0 mL of the nicotine standard (II.A.2.a) to a 50 mL volumetric flask containing the internal standard and dilute to volume with MTBE. To obtain nicotine concentrations equivalent to 0.6, 0.4, 0.2, and 0.1 mg/mL, pipette precisely 3.0, 2.0, 1.0, and 0.5 mL, respectively, of the nicotine standard into the four remaining flasks and dilute to volume with MTBE. c. Transfer aliquots of the five standards to auto sampler vials and determine the detector response for each standard using gas chromatographic conditions described in I.E. d. Calculate least squares line for linear equation from these standards by obtaining the ratio of Area nicotine /Area IS . This ratio will be the Y value and the concentration of nicotine will be the X value for determining the linear equation of the line (Equation 1): EN23JN08.029 Where: X = Concentration of nicotine in mg Y = Area nicotine /Area IS a = intercept on the ordinate (y axis) b = slope of the curve The final result will be reported in the following units: Concentration of nicotine = mg of nicotine/gram of tobacco sample. e. Determine the recovery of nicotine by pipetting 10 mL of the 0.4 mg/mL nicotine standard to a screw capped tube containing 1.0 mL of 2 N NaOH. Cap the tube. Shake the contents vigorously and allow the phases to separate. Transfer an aliquot of the organic phase to an injection vial and inject. Calculate the concentration of nicotine using the equation of the line in II.A.2.d above. This should be repeated two more times to obtain an average of the three values. The recovery of nicotine can be obtained by using the following equation: EN23JN08.030 B. Standards Addition Assay Prior to analyzing a smokeless tobacco product for nicotine content, the testing facility must validate the system to verify that matrix bias is not occurring during nicotine extraction. This is done by analyzing the nicotine calibration standards in the same vegetable matrix as the smokeless tobacco. The first time each smokeless tobacco product is tested and whenever a change is made to the product formulation (including a change to the tobacco blend or cultivar), the Standards Addition Assay will be performed, and documentation of its performance and of the nicotine concentrations selected for the standard curve (II.B.2) will be submitted to the Centers for Disease Control and Prevention. 1. Using an analytical balance, accurately weigh 1.000 ± 0.020 gram of the homogeneous, prepared tobacco sample into a culture tube. Repeat this five times for a total of 6 culture tubes containing the smokeless tobacco product. Record the weight of each sample. 2. Prepare a five-point standard curve for the Standards Addition Assay. The standard curve must consist of nicotine concentrations that encompass the range of values expected from adding known concentrations of the nicotine standard (II.A.2.a) to a measured quantity of the smokeless tobacco product (1.000 ± 0.020 gram, described in II.B.1). The sixth culture tube is not supplemented with nicotine and serves as an analytical blank. Allow the samples to equilibrate for 10 minutes. 3. Pipette 5 mL of 2 N NaOH into each tube. Cap each tube. Swirl to wet sample and allow to stand 15 minutes. 13 4. Pipette 50 mL of extraction solution (II.D.1) into each tube. Cap each tube and tighten. 14 5. Place tubes in rack(s), place racks in linear shaker in horizontal position and shake for two hours. 6. Remove rack(s) from shaker and place in vertical position to allow the phases to separate. 7. Allow the solvent and nicotine supplemented samples and the blank to separate (maximum 2 hours). 8. Transfer aliquots of the five standards and the blank from the extraction tubes to sample vials and determine the detector response for each using gas chromatographic conditions described in I.E. 9. Subtract the Area nicotine /Area IS of the blank from the Area nicotine /Area IS of each of the standards. 10. Calculate least squares line for linear equation from the corrected standards as described above (Equation 1) in II.A.2.d. The final corrected result will be reported in the following units: Concentration of nicotine = mg of nicotine/gram of tobacco sample. 11. Determine the recovery of nicotine by pipetting 10 mL of the 0.4 mg/mL nicotine standard to a screw capped tube containing 1.0 mL of 2 N NaOH and 10 mL of extraction solution (II.D.1). Cap the tube and tighten. Shake the contents vigorously and allow the phases to separate. Transfer an aliquot of the organic phase to an injection vial and inject. Calculate the concentration of nicotine using the equation of the line above in II.A.2.d. This should be repeated two more times to obtain an average of the three values. The recovery of nicotine can be obtained by using Equation 2: Recovery = Nicotine calculated /Nicotine actual . 12. Compare the results of steps II.A.2 and II.B. If they differ by a factor of 10% or more, the recovery of nicotine from the aqueous matrix is not equivalent to recovery from the vegetable matrix of the smokeless tobacco product. In this instance, the nicotine concentration of the smokeless tobacco product must be determined from a nicotine calibration curve prepared from nicotine standards in a vegetable-based matrix. C. Quality Control Pools At least two quality control pools at the high and low ends of the expected nicotine values are recommended to be included in each analytical run. The pools should be analyzed in duplicate in every run. The quality control pools should be available in sufficient quantity to last for all analyses of a product. D. Sample Extraction Procedure 12 1. Extraction solution is prepared by pipetting 10 mL of the IS from the stock solution (II.A.1) to a 1000 mL volumetric flask and diluting to volume with MTBE. 2. Using an analytical balance, accurately weigh 1.000 ± 0.020 gram of prepared tobacco sample into culture tube and record weight. 15 Sample each smokeless tobacco brand name according to the provided testing frequency schedule. 19 The number of products sampled should reflect an acceptable level of precision. 16 The test material is to be representative of the product that is sold to the public and therefore should consist of sealed, packaged samples of finished product that is ready for commercial distribution. Samples are to be analyzed in duplicate. 3. Pipette 5 mL of 2 N NaOH into the tube. Cap the tube. Swirl to wet sample and allow to stand 15 minutes. 13 4. Pipette 50 mL of extraction solution into tube, cap tube and tighten. 14 5. Place tubes in rack(s), place racks in linear shaker in horizontal position and shake for two hours. 6. Remove rack(s) from shaker and place in vertical position to allow the phases to separate. 7. Allow the solvent and sample to separate (maximum 2 hours). Transfer an aliquot from the extraction tube to a sample vial and cap. 8. Analyze the extract using GC conditions as described above (I.E) and calculate the concentration of nicotine using the linear calibration equation. Correct percent nicotine values for both recovery and weight of sample by using Equation 3. 17 EN23JN08.031 9. Report the final nicotine determination as mg of nicotine per gram of the tobacco product (mg nicotine/gram), to an accuracy level of two decimal places for each brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). All data should include the mean value with a 95% confidence interval, the range of values, the number of samples tested, the number of lots per brand name, and the estimated precision of the mean. Information will be reported for each manufacturer and variety (including brand families and brand variations) and brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). III. Total Moisture Determination A. This procedure is a modification of AOAC Method 966.02

(1990)and is referred to as “Total Moisture Determination” because it determines water and tobacco constituents that are volatile at temperatures of 99 ± 1.0 °C. B. Accurately weigh 5.00 grams of the sample (ground to pass ≤ 4 mm screen) 20 into a weighed moisture dish and place uncovered dish in oven. 21 Sample each smokeless tobacco brand name according to the provided testing frequency schedule. 19 The number of products sampled should reflect an acceptable level of precision. 16 The test material is to be representative of the product that is sold to the public and therefore should consist of sealed, packaged samples of finished product that is ready for commercial distribution. Samples are to be analyzed in duplicate. C. Do not exceed 1 sample/10 sq in (650 sq cm) shelf space, and use only 1 shelf. Dry 3 hr at 99 ± 1.0 °C. Remove from oven, cover, and cool in desiccator to room temperature (about 30 min). Reweigh and calculate percent moisture. D. Report the final moisture determination as a percentage (%), to an accuracy level of one decimal place for each brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). All data should include the mean value with a 95% confidence interval, the range of values, the number of samples tested, the number of lots per brand name, and the estimated precision of the mean. Information will be reported for each manufacturer and variety (including brand families and brand variations) and brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). IV. pH Measurement 12 22 A. Test samples as soon as possible after they are received. Sample each smokeless tobacco brand name according to the provided testing frequency schedule. 19 The number of products sampled should reflect an acceptable level of precision. 16 The test material is to be representative of the product that is sold to the public and therefore should consist of sealed, packaged samples of finished product that is ready for commercial distribution. Samples are to be analyzed in duplicate. B. Accurately weigh 2.00 grams of the sample. Place in a 50 mL polypropylene container with 20 mL deionized distilled water. C. Place Teflon-coated magnetic stirring bar in container and stir mixture continuously throughout testing. D. Measure pH of sample after a two-point calibration of the pH meter to an accuracy of two decimal places using standard pH buffers (4.01 and 7.00 or 7.00 and 10.00) that will encompass the expected pH value of the smokeless tobacco product. E. The first time pH values are determined for a smokeless tobacco product, measure the pH of the smokeless tobacco product at 5, 15, and 30 minutes. If there is no systematic variation in pH values with time, all subsequent pH determinations are made at 5 minutes. If there is systematic variation in pH values, continue to measure the pH of the smokeless tobacco product until the pH value is stable and does not vary more than 10% over 15 minutes. Report the final pH value. F. Report the final pH determination to an accuracy level of two decimal places for each brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). All data should include the mean value with a 95% confidence interval, the range of values, the number of samples tested, the number of lots per brand name, and the estimated precision of the mean. Information will be reported for each manufacturer and variety (including brand families and brand variations) and brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). G. Estimate the un-ionized

(free)nicotine content with the Henderson-Hassel Balch equation (Equation 4), based on measured pH and nicotine content. EN23JN08.032 EN23JN08.033 pKa = 8.02 (CRC Handbook of Chemistry and Physics, 1989-1990) [B] = amount of un-ionized

(free)nicotine [BH + ] = amount of ionized nicotine H. Report the final estimated un-ionized

(free)nicotine as a percentage (%) of the total nicotine content, to an accuracy level of two decimal places and as mg of un-ionized

(free)nicotine per gram of the tobacco product (mg un-ionized

(free)nicotine/gram), to an accuracy level of two decimal places for each brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). All data should include the mean value with a 95% confidence interval, the range of values, the number of samples tested, the number of lots per brand name, and the estimated precision of the mean. Information will be reported for each manufacturer and variety (including brand families and brand variations) and brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.). Sample calculation: Mean total nicotine = 10.30 (mg/g) Mean pH = 7.50 pKa = 8.02 EN23JN08.034 EN23JN08.035 EN23JN08.036 EN23JN08.037 EN23JN08.038 EN23JN08.039 EN23JN08.040 EN23JN08.041 V. Assay Criteria for Quality Assurance A. Establishing Limits for Quality Control Parameters All quality control parameters must be determined within the laboratory in which they are to be used. At least 10 within-laboratory runs must be performed to establish temporary confidence intervals for the quality control parameters. Permanent limits should be established after 20 runs and should be reestablished after each additional 20 runs. B. Exclusion of Outliers From the Calibration Curve 18 The coefficient of determination between Area nicotine /Area IS and nicotine concentration should be equal to 0.99 or higher. Any calibration standard having an estimated concentration computed from the regression equation (Equation 1) which is different from its actual concentration by a factor of 10% can be excluded from the calibration curve. Up to two concentrations may be excluded, but caution should be used in eliminating values, since bias may be increased in the calibration curve. If an outlier value is eliminated, its duplicate value must also be discarded to avoid producing a new bias. All unknowns must fall within the calibration curve; therefore, duplicate values excluded at either end of the calibration curve will restrict the useful range of the assay. C. Quality Control Pools and Run Rejection Rules The mean estimated nicotine concentration in a pool should be compared with the established limits for that pool based on at least 20 consecutive runs. An analytical run should be accepted or rejected based upon the following set of rules adapted from Westgard et al. (1981). 1. When the mean of one QC pool exceeds the limit of x ± 3 standard deviations (SD), then the run is rejected as out of control. Here, x and SD represent the overall mean and standard deviation of all estimated nicotine concentrations for a particular pool in the runs which were used to establish the control limits. 2. When the mean nicotine concentrations in two QC pools in the same run exceed the same direction, then the run must be rejected. The same direction is the condition in which both pools exceed either the x + 2 SD or the x − 2 SD limits. 3. When the mean nicotine concentrations in one or two QC pools exceed their x ± 2 SD limits in the same direction in two consecutive runs, then both runs must be rejected. 4. When the mean nicotine concentrations in two QC pools are different by more than a total of 4 SD, then the run must be rejected. This condition may occur, for example, when one QC pool is 2 SD greater than the mean, and another is 2 SD less than the mean. Endnotes The comments and notes listed below can be described as Good Laboratory Practice guidelines; they are described in detail in this protocol to ensure minimal interlaboratory variability in the determination of nicotine, total moisture, and pH in smokeless tobacco. 1 This protocol assumes that the testing facility will implement and maintain a stringent Quality Assurance/Quality Control program to include, but not be limited to, regular interlaboratory comparisons, determination of the quality and purity of purchased products, and proper storage and handling of all reagents and samples. 2 When a specific product or instrument is listed, it is the product or instrument that was used in the development of this method. Equivalent products or instruments may also be used. Use of trade names is for identification only and does not constitute endorsement by the Public Health Service or the U.S. Department of Health and Human Services. 3 All chemicals, solvents, and gases are to be of the highest purity. 4 Companies must ensure that the purity of the nicotine base is certified by the vendor and that the chemical is properly stored. However, nicotine base oxidizes with storage, as reflected by the liquid turning brown. If oxidation has occurred, the nicotine base should be distilled prior to use in making a standard solution. 5 A suggested method for the determination of nicotine purity is CORESTA Recommended Method No. 39. 6 Horizontal shaking will allow more intimate contact of this three phase extraction. There is a minimal dead volume in the tube due to the large sample size and extraction volume. This necessitates horizontal shaking. 7 If a linear shaker is not available, a wrist action shaker using 250 mL stoppered Erlenmeyer flasks can be substituted. Values for nicotine are equivalent to those obtained from the linear shaker. 8 After installing a new column, condition the column by injecting a tobacco sample extract on the column, using the described column conditions. Injections should be repeated until areas of IS and nicotine are reproducible. This will require approximately four injections. Recondition column when instrument has been used infrequently and after replacing glass liner. 9 Glass liner and septum should be replaced after every 100 injections. 10 Most older instruments operate at constant pressure. To reduce confusion, it is suggested that the carrier gas flow through the column be measured at the initial column temperature. 11 The testing facility must ensure that samples are obtained through the use of a survey design protocol for sampling “at one point in time” at the factory or warehouse. The survey design protocol must address short-, medium-, and long-term smokeless tobacco product variability (e.g., variability over time and from container to container of the tobacco product) in a manner equivalent to that described for cigarette sampling in Annex C of ISO Protocol 8243. Information accompanying results for each sample should include, but not be limited to: For each product—manufacturer and variety (including brand families and brand variations) and brand name (e.g., Skoal Bandits, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.): 1. Product “category,” e.g., loose leaf, plug, twist, dry snuff, moist

(wet)snuff, etc. 2. Lot number. 3. Lot size. 4. Number of randomly sampled, sealed, packaged (so as to be representative of the product that is sold to the public) smokeless tobacco products selected (sampling fraction) for nicotine, moisture, and pH determination. 5. Documentation of method used for random sample selection. 6. “Age” of product when received by testing facility and storage conditions prior to analysis. 12 Extraction of nicotine and pH determination must be performed with reagents and samples at a room temperature of 22-25 °C. Room temperature should not vary more than 1°C during extraction of nicotine or pH determination. 13 Use non-glass 10 mL repipette for transferring NaOH solution. 14 Use 50 mL repipette for transferring MTBE. 15 For dry snuff, use 0.500 ± 0.010 gram sample. 16 The testing facility is referred to ISO Procedure 8243 for a discussion of sample size and the effect of variability on the precision of the mean of the sample (ISO 8243, 1991). 17 When analyzing new smokeless tobacco products, extract product without IS to determine if any components co-elute with the IS or impurities in the IS. This interference could artificially lower calculated values for nicotine. 18 The calculated nicotine values for all samples must fall within the low and high nicotine values used for the calibration curve. If not, prepare a fresh nicotine standard solution and an appropriate series of standard nicotine dilutions. Determine the detector response for each standard using chromatographic conditions described in I.E. 19 The testing frequency for each smokeless tobacco brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, Skoal Long Cut Wintergreen, etc.) is based on the manufacturing duration (refer to table below). Each smokeless tobacco brand name will be sampled and tested for nicotine, total moisture, and pH no fewer than twice and no more than four times during a calendar year. Manufacturing duration in weeks Test frequency * up to and including 4 2 up to and including 28 3 up to and including 52 4 * Use a statistical program to determine random sampling dates based on the total manufacturing duration during a calendar year. Sampling dates should fall on actual manufacturing days for the product when test material that is representative of the product that is sold to the public (consisting of sealed, packaged samples) is available. If a statistically determined sampling date falls on a day that does not meet this criterion, sample the product on the next date that does meet the criteria. For smokeless tobacco brand names with episodic production during a calendar year, the total number of sampling dates is determined by the sum of the individual test frequencies, not to exceed four. For the purpose of the Protocol, episodic production is defined as manufacturing intervals separated by periods of 30 or more days when the smokeless tobacco brand name is not manufactured. *Example 1:* Within a single calendar year a smokeless tobacco brand name is manufactured from January 1 to March 31 and from September 1 to December 15. The testing frequency for the first manufacturing interval is 3 and for the second manufacturing interval is 3. The Protocol allows that each smokeless tobacco brand name be tested for nicotine, total moisture, and pH no more than four times during a calendar year. Therefore, 4 random sampling dates, as described in the footnote to the above table, are determined for the smokeless tobacco brand name. The values for nicotine, moisture, and pH determinations, and unionized

(free)nicotine calculations and the mean of the 4 data points for that smokeless tobacco brand name are reported. *Example 2:* Within a single calendar year a smokeless tobacco brand name is manufactured from April 5 to May 3 and from September 1 to December 15. The testing frequency for the first manufacturing interval is 2 and for the second manufacturing interval is 3. The values for nicotine, moisture, and pH determinations, and unionized

(free)nicotine calculations and the mean of the 4 data points for that smokeless tobacco brand name are reported. *Example 3:* Within a single calendar year a smokeless tobacco brand name is manufactured from January 1 to January 15 and from September 1 to September 22. The testing frequency for the first manufacturing interval is 2 and for the second manufacturing interval is 2. Four random sampling dates are selected to fall within the 6 weeks of manufacturing for the smokeless tobacco brand name. The values for nicotine, moisture, and pH determinations, and unionized

(free)nicotine calculations and the mean of the 4 data points for that smokeless tobacco brand name are reported. 20 The method is a modification of AOAC Method 966.02

(1990)in that the ground tobacco passes through a 4 mm screen rather than a 1 mm screen. 21 When drying samples, do not dry different products (e.g., moist

(wet)snuff, dry snuff, loose leaf) in the oven at the same time since this will produce errors in the moisture determinations. 22 The method is a modification of a method published by Henningfield *et al.* (1995). References AOAC (Association of Official Analytical Chemists). Official Methods of Analysis. 966.02: Moisture in Tobacco.

(1990)Fifth Edition. K. Helrich (ed). Association of Official Analytical Chemists, Inc., Suite 400, 2200 Wilson Boulevard, Arlington, Virginia 22201 USA. CORESTA (Centre de Coopération pour les Recherches Scientifiques relatives au Tabac). Recommended Method No. 39: Determination of the purity of nicotine and nicotine salts by gravimetric analysis—Tungstosilic acid method. November 1994. 87-90. CRC Handbook of Chemistry and Physics. R.C. Weast, D.R. Lide, M.J. Astle, and W.H. Beyer (eds). 70th ed. Boca Raton, Florida: CRC Press (1989-1990) D-162. Henningfield, J.E., Radzius A., Cone E.J. (1995). Estimation of available nicotine content of six smokeless tobacco products. Tobacco Control 4:57-61. ISO (International Organization for Standardization). IOS 8243: Cigarettes—Sampling. (1991). Second Edition. Prepared by Technical Committee ISO/TC 126, Tobacco and tobacco products. International Organization for Standardization, Case Postale 56, CH-1211 Genve 20, Switzerland. Westgard, J.O., Barry P., Hunt M., and Groth T. (1981). A multi-rule Shewhart chart for quality control in clinical chemistry. Clinical Chemistry 27:493. [FR Doc. E8-14112 Filed 6-20-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0184] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Temporary Marketing Permit Applications AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing that a proposed collection of information has been submitted to the Office of Management and Budget

(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by July 23, 2008. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-6974, or e-mailed to *baguilar@omb.eop.gov* . All comments should be identified with the OMB control number 0910-0133. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Temporary Marketing Permit Applications—21 CFR 130.17(c) and (i)—(OMB Control Number 0910-0133)—Extension Section 401 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 341), directs FDA to issue regulations establishing definitions and standards of identity for food “[w]henever * * * such action will promote honesty and fair dealing in the interest of consumers * * *.” Under section 403(g) of the act (21 U.S.C. 343(g)), a food that is subject to a definition and standard of identity prescribed by regulation is misbranded if it does not conform to such definition and standard of identity. Section 130.17 (21 CFR 130.17) provides for the issuance by FDA of temporary marketing permits that enable the food industry to test consumer acceptance and measure the technological and commercial feasibility in interstate commerce of experimental packs of food that deviate from applicable definitions and standards of identity. Section 130.17(c) enables the agency to monitor the manufacture, labeling, and distribution of experimental packs of food that deviate from applicable definitions and standards of identity. The information so obtained can be used in support of a petition to establish or amend the applicable definition or standard of identity to provide for the variations. Section 130.17(i) specifies the information that a firm must submit to FDA to obtain an extension of a temporary marketing permit. In the **Federal Register** of April 2, 2008 (73 FR 17986), FDA published a 60-day notice requesting public comment on the information collection provisions. No comments were received. **Table 1.—Estimated Annual Reporting Burden** 1 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 130.17(c) 13 2 26 25 650 130.17

(i)1 2 2 2 4 Total 654 1 There are no capital costs or operating and maintenance costs associated with this collection of information. The estimated number of temporary marketing permit applications and hours per response is an average based on the agency's experience with applications received October 1, 2004, through September 30, 2007, and information from firms that have submitted recent requests for temporary marketing permits. Dated: June 17, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-14151 Filed 6-20-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2006-E-0440] (formerly Docket No. 2006E-0483) Determination of Regulatory Review Period for Purposes of Patent Extension; ERAXIS AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)has determined the regulatory review period for ERAXIS and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product. ADDRESSES: Submit written comments and petitions to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993-0002, 301-796-3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the human drug product becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B). FDA recently approved for marketing the human drug product, ERAXIS (anidulafungin). ERAXIS is indicated for treatment of the following fungal infections: Candidemia and other forms of Candida infections (intra-abdominal abscess and peritonitis), and esophageal candidiasis. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for ERAXIS (U.S. Patent No. 5,965,525) from Eli Lilly and Co., and the Patent and Trademark Office requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated February 6, 2007, FDA advised the Patent and Trademark Office that this human drug product had undergone a regulatory review period and that the approval of ERAXIS represented the first permitted commercial marketing or use of the product. Thereafter, the Patent and Trademark Office requested that FDA determine the product's regulatory review period. FDA has determined that the applicable regulatory review period for ERAXIS is 3,476 days. Of this time, 2,446 days occurred during the testing phase of the regulatory review period, while 1,030 days occurred during the approval phase. These periods of time were derived from the following dates: 1. *The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 355(i)) became effective* : August 14, 1996. The applicant claims July 15, 1996, as the date the investigational new drug application

(IND)became effective. However, FDA records indicate that the IND effective date was August 14, 1996, which was 30 days after FDA receipt of the IND. 2. *The date the application was initially submitted with respect to the human drug product under section 505(b) of the act* : April 25, 2003. The applicant claims August 18, 2005, as the date the new drug application

(NDA)21-948 for ERAXIS was initially submitted. However, FDA records indicate that NDA 21-948 was not the first NDA for anidulafungin submitted to the agency by Vicuron Pharmaceuticals, Inc., the owner of the applications at the time of submission. NDA 21-632, Vicuron's first NDA for anidulafungin, was submitted on April 25, 2003. 3. *The date the application was approved* : February 17, 2006. FDA has verified the applicant's claim that NDA 21-948 was approved on February 17, 2006. NDA 21-632 was also approved on February 17, 2006. This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 1,224 days of patent term extension. Anyone with knowledge that any of the dates as published are incorrect may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments and ask for a redetermination by August 22, 2008. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by December 22, 2008. To meet its burden, the petition must contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30. Comments and petitions should be submitted to the Division of Dockets Management. Three copies of any mailed information are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Comments and petitions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA only through FDMS at *http://www.regulations.gov.* Dated: June 9, 2008. Jane A. Axelrad, Associate Director for Policy, Center for Drug Evaluation and Research. [FR Doc. E8-14156 Filed 6-20-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Minority Programs Review Committee; Minority Programs Review Subcommittee A. *Date:* July 10, 2008. *Time:* 8:30 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Westin Embassy Row Hotel, 2100 Massachusetts Avenue, NW., Washington, DC 20008. *Contact Person:* Mona R. Trempe, PhD, Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN12, Bethesda, MD 20892, 301-594-3998, *trempemo@mail.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National Institutes of Health, HHS) Dated: June 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-14139 Filed 6-20-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of General Medical Sciences Special Emphasis Panel; Bridges to Baccalaureate. *Date:* July 15, 2008 *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814. *Contact Person:* Helen R. Sunshine, PhD, Chief, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, Natcher Building, Room 3AN-12F, Bethesda, MD 20892, 301-594-2881, *sunshinh@nigms.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of General Medical Sciences Special Emphasis Panel; Training Grants. *Date:* July 15, 2008. *Time:* 1 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Building 45, Room 3AN18F, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Arthur L. Zachary, PhD, Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, Natcher Building, Room 3AN-12, Bethesda, MD 20892,

(301)594-2886, *zacharya@nigms.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of General Medical Sciences Special Emphasis Panel; Trauma and Burn. *Date:* July 18, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Hyatt Regency, One Bethesda Metro Center, Bethesda, MD 20814. *Contact Person:* Lisa Dunbar, PhD, Scientific Review Officer, Office of Scientific Review, National Institute of General Medical Sciences, National Institutes of Health, 45 Center Drive, Room 3AN12, Bethesda, MD 20892, 301-594-2849, *dunbarl@mail.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National Institutes of Health, HHS) Dated: June 17, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-14138 Filed 6-20-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket # USCG-2008-0369] Area Maritime Security Advisory Committee (AMSC), Boston, MA AGENCY: Coast Guard, DHS. ACTION: Solicitation for Membership. SUMMARY: This notice requests individuals interested in serving on the Area Maritime Security Committee

(AMSC)Boston, MA submit their applications for membership to the Captain of the Port

(COTP)Boston, MA. DATES: Requests for membership should reach the U.S. Coast Guard Captain of the Port Boston, MA by July 23, 2008. ADDRESSES: Applications for membership should be submitted to the Captain of the Port at the following address: Captain of the Port Boston, U.S. Coast Guard Sector Boston, Contingency Planning and Force Readiness Department, 427 Commercial St., Boston, MA 02109. FOR FURTHER INFORMATION CONTACT: For questions about submitting an application or about the AMSC in general, contact Mr. Phillip Smith, 617-223-3008. SUPPLEMENTARY INFORMATION: Authority Section 102 of the Maritime Transportation Security Act

(MTSA)of 2002 (Pub. L. 107-295) added section 70112 to Title 46 of the U.S. Code, and authorized the Secretary of the Department in which the Coast Guard is operating to establish Area Maritime Security Advisory Committees for any port area of the United States. (See 33 U.S.C. 1226; 46 U.S.C.; 33 CFR 1.05-1, 6.01; Department of Homeland Security Delegation No. 0170.1). The MTSA includes a provision exempting these AMSCs from the Federal Advisory Committee Act (FACA), Public Law 92-436, 86 Stat. 470 (5 U.S.C. App. 2). The AMSCs shall assist the Captain of the Port in the development, review, update, and exercising of the AMS Plan for their area of responsibility. Such matters may include, but are not limited to: identifying critical port infrastructure and operations; identifying risks (threats, vulnerabilities, and consequences); determining mitigation strategies and implementation methods; developing strategies to facilitate the recovery of the MTS after a Transportation Security Incident; developing and describing the process to continually evaluate overall port security by considering consequences and vulnerabilities, how they may change over time, and what additional mitigation strategies can be applied; and providing advice to, and assisting the Captain of the Port in developing and maintaining the Area Maritime Security Plan. AMSC Membership Members of the AMSC should have at least 5 years of experience related to maritime or port security operations. The Boston AMSC has 29 members. We are seeking to fill 6 vacancies with this solicitation. Applicants may be required to pass an appropriate security background check prior to appointment to the Committee. Members' term of office will be for 5 years; however, a member is eligible to serve additional terms of office. Members will not receive any salary or other compensation for their service on the AMSC. In support of the USCG policy on gender and ethnic diversity, we encourage qualified women and members of minority groups to apply. Request for Applications Those seeking membership are not required to submit formal applications to the local Captain of the Port, however, because we do have an obligation to ensure that a specific number of members have the prerequisite maritime security experience, we encourage the submission of resumes highlighting experience in maritime and security industries. Dated: May 15, 2008. Gail P. Kulisch, Captain, U.S. Coast Guard, Captain of the Port/Federal Maritime Security Coordinator Commander, Coast Guard Sector Boston, MA. [FR Doc. E8-14051 Filed 6-20-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2008-0436] Nontank Vessel Response Plan Enforcement AGENCY: Coast Guard, DHS. ACTION: Notice and request for comments. SUMMARY: The Coast Guard is issuing this notice to inform U.S. and foreign flag nontank vessel owners and operators that effective August 22, 2008, we will begin enforcing the requirement to prepare and submit a nontank vessel response plan (NTVRP) for certain nontank vessels, as required by the Coast Guard and Maritime Transportation Act of 2004. DATES: The policy announced in this document will become effective August 22, 2008. Comments and related materials must reach the Docket Management Facility on or before July 23, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2008-0436 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:

(1)*Online: http://www.regulations.gov.*

(2)*Mail:* Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

(3)*Hand Delivery:* Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

(4)*Fax:* 202-493-2251. FOR FURTHER INFORMATION CONTACT: For questions on this policy, contact Lieutenant Jarrod DeWitz, U.S. Coast Guard, telephone 202-372-1219 or *vrp@uscg.mil.* If you have questions on viewing or submitting material to the docket, please call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to submit comments and related materials about the enforcement policy announced in this notice. All comments received will be posted, without change, to *http://www.regulations.gov* and will include any personal information you have provided. If you submit a comment, please include the docket number for this notice (USCG-2008-0436), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and materials by mail, hand delivery, fax, or electronic means to the Docket Management Facility listed under ADDRESSES . If you choose to submit them by mail or hand delivery, submit them in an unbound format, no longer than 8 1/2 by 11 inches, and suitable for copying and electronic filing. If you submit them by mail and would like to know if they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. Background and Purpose Section 701 of the Coast Guard and Maritime Transportation Act of 2004 (CGMTA), Pub. L. 108-293, amended section 311(j)(5)of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. 1321(j)(5), and required owners and operators of nontank vessels to prepare and submit by August 9, 2005, plans for responding:

(1)To a worst case discharge; and

(2)to a substantial threat of such a discharge of oil from their vessels. A nontank vessel is defined as a self-propelled vessel of 400 gross tons or greater, which carries oil as fuel for main propulsion and operates on the navigable waters of the United States. Vessels that carry oil as primary or secondary cargo are currently regulated under 33 CFR part 155, subpart D, and are not subject to this notice. The 2004 Act also requires promulgation of regulations that prescribe the content and submission of the nontank vessel response plans. The Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241) clarified that nontank vessel response plans are required for vessels of 400 gross tons or greater as measured under the International Convention on Tonnage Measurement of Ships, 1969, measurement system in 46 U.S.C. 14302, or the regulatory measurement system of 46 U.S.C 14502 for vessels not measured under 46 U.S.C. 14302. Since the passage of the 2004 Act, the Coast Guard has published Navigation and Vessel Inspection Circular

(NVIC)01-05 CH 1 and a Federal Notice on June 24, 2005 (70 FR 36649) providing guidance with respect to enforcement of these requirements. NVIC 01-05 CH 1 also provides guidance to vessel owners and operators regarding the development of NTVRPs to meet the intent of the 2004 Act for the immediate submission of NTVRPs and for the Coast Guard's issuance of 2-year interim operating authorizations pending issuance of a final rule. Considering that some nontank vessels still have not submitted a NTVRP to the Coast Guard and that the risks associated with oil spills from large nontank vessels similar to the November 7, 2007, COSCO BUSAN oil spill in San Francisco Bay, the Coast Guard will, effective August 22, 2008, begin actively enforcing the 2004 Act by screening all nontank vessels prior to their port arrival for the submission of NTVRPs. In an effort to devote our enforcement resources to those nontank vessels that pose the greatest risk in the event of a worst case discharge, this interim enforcement policy will focus on those nontank vessels of 1,600 gross tons or greater. For such vessels without a properly submitted plan, operational controls will be placed on the vessels by the Captains of the Port

(COTP)under the authority of regulations in 33 CFR 160.111 issued under the Ports and Waterways Safety Act. Nontank vessels less than 1,600 gross tons are considered to pose less of a threat, in part because of the smaller quantities of fuel carried and the light weight or distillate fuel oil that they generally use. Under section 701 of the 2004 Act, these vessels are still required to submit NTVRPs consistent with 33 U.S.C. 1321(j)(5). Until NTVRP regulations are issued and in effect, the Coast Guard will continue to issue 2-year interim operating authorization letters for NTVRPs meeting the requirements found in 33 U.S.C. 1321(j)(5)(D). Vessel owners or operators of a nontank vessel shall ensure that the plan:

(1)Is consistent with the requirements of the National Contingency Plan and Area Contingency Plans;

(2)Identifies the qualified individual having full authority to implement removal actions, and requires immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment;

(3)Identifies, and ensures by contract or other means approved by the President the availability of private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge;

(4)Describes the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge;

(5)Is updated periodically; and

(6)Is resubmitted for approval of each significant change. Vessel owners and operators are encouraged to submit plans in accordance with the guidance of NVIC 01-05 CH 1. Plans submitted to the Coast Guard consistent with this guidance will facilitate issuance of interim operating authorizations. Once plans are received for review, the Coast Guard will issue an acknowledgement receipt. For plans that do not meet the elements described above, the Coast Guard will send the owner or operator a revision request identifying the deficient elements. If the Coast Guard finds the elements of a response plan to be not in compliance with the requirements of 33 U.S.C. 1321(j)(5)(D) as amended by the 2004 Act, the Coast Guard may initiate vessel operational controls under authority of 33 U.S.C. 1233 and 33 CFR 160.111. The Coast Guard is interested in receiving comments on this policy notice. Dated: June 18, 2008. Brian M. Salerno Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, Security And Stewardship. [FR Doc. E8-14115 Filed 6-20-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA-2006-24191; Coast Guard-2006-24196] Transportation Worker Identification Credential (TWIC); Enrollment Dates for the Ports of Bridgeport, CT; New Castle, DE; Burlington, VT; Pennsbury Manor, PA; Alpena, MI; Perth Amboy, NJ; and Evansville, IN AGENCY: Transportation Security Administration; United States Coast Guard; DHS. ACTION: Notice. SUMMARY: The Department of Homeland Security

(DHS)through the Transportation Security Administration

(TSA)issues this notice of the dates for the beginning of the initial enrollment for the Transportation Worker Identification Credential

(TWIC)for the Ports of Bridgeport, CT; New Castle, DE; Burlington, VT; Pennsbury Manor, PA; Alpena, MI; Perth Amboy, NJ; and Evansville, IN. DATES: TWIC enrollment begins in Bridgeport and New Castle on June 25, 2008; Burlington, Pennsbury Manor, Alpena, and Perth Amboy on July 2, 2008; and Evansville on July 9, 2008. ADDRESSES: You may view published documents and comments concerning the TWIC Final Rule, identified by the docket numbers of this notice, using any one of the following methods.

(1)Searching the Federal Docket Management System

(FDMS)Web page at *http://www.regulations.gov;*

(2)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html;* or

(3)Visiting TSA's Security Regulations Web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. FOR FURTHER INFORMATION CONTACT: James Orgill, TSA-19, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220. Transportation Threat Assessment and Credentialing (TTAC), TWIC Program,

(571)227-4545; e-mail: *credentialing@dhs.gov.* Background The Department of Homeland Security (DHS), through the United States Coast Guard and the Transportation Security Administration (TSA), issued a joint final rule (72 FR 3492; January 25, 2007) pursuant to the Maritime Transportation Security Act (MTSA), Pub. L. 107-295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-347 (October 13, 2006). This rule requires all credentialed merchant mariners and individuals with unescorted access to secure areas of a regulated facility or vessel to obtain a TWIC. In this final rule, on page 3510, TSA and Coast Guard stated that a phased enrollment approach based upon risk assessment and cost/benefit would be used to implement the program nationwide, and that TSA would publish a notice in the **Federal Register** indicating when enrollment at a specific location will begin and when it is expected to terminate. This notice provides the start date for TWIC initial enrollment at the Ports of Bridgeport, CT and New Castle, DE on June 25, 2008; Burlington, VT, Pennsbury Manor, PA, Alpena, MI, and Perth Amboy, NJ on July 2, 2008; and Evansville, IN on July 9, 2008. The Coast Guard will publish a separate notice in the **Federal Register** indicating when facilities within the Captain of the Port Zone Long Island Sound, including those in the Port of Bridgeport; Captain of the Port Zone Delaware Bay, including those in the Port of New Castle; Captain of the Port Zone Northern New England, including those in the Port of Burlington; Captain of the Port Zone Delaware Bay, including those in the Port of Pennsbury Manor; Captain of the Port Zone Sault Ste. Marie, including those in the Port of Alpena; Captain of the Port Zone New York, including those in the Port of Perth Amboy; and Captain of the Port Zone Ohio Valley, including those in the Port of Evansville must comply with the portions of the final rule requiring TWIC to be used as an access control measure. That notice will be published at least 90 days before compliance is required. To obtain information on the pre-enrollment and enrollment process, and enrollment locations, visit TSA's TWIC Web site at *http://www.tsa.gov/twic.* Issued in Arlington, Virginia, on June 17, 2008. Rex Lovelady, Program Manager, TWIC, Office of Transportation Threat Assessment and Credentialing,Transportation Security Administration. [FR Doc. E8-14053 Filed 6-20-08; 8:45 am] BILLING CODE 9110-05-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WO-320-1330-PB-24 1A] Revision of Approved Information Collection, OMB Control Number 1004-0169 AGENCY: Bureau of Land Management, Interior. ACTION: Notice and request for comments. SUMMARY: The Bureau of Land Management

(BLM)has submitted an Information Collection Request

(ICR)to the Office of Management and Budget

(OMB)for approval under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). The ICR is scheduled to expire on July 31, 2008. The BLM may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, the BLM may continue to conduct or sponsor this information collection while it is pending at OMB. On January 25, 2008, the BLM published the required 60-day notice in the **Federal Register** (73 FR 4621), requesting comments on this proposed collection. The comment period ended on March 25, 2008. The BLM received no comments. You may obtain copies of the proposed collection of information and related forms and explanatory material by contacting the BLM Information Collection Clearance Officer at the telephone number listed in the ADDRESSES section below. DATES: The OMB is required to respond to this request within 60 days but may respond after 30 days. Submit your comments and suggestions to OMB at the address below by July 23, 2008 to receive maximum consideration. ADDRESSES: Send your comments and suggestions on this ICR directly to the Office of Management and Budget, Interior Department Desk Officer (1004-0169), at OMB-OIRA via facsimile to

(202)395-6566 or e-mail to *OIRA_DOCKET@omb.eop.gov* . Please provide a copy of your comments to Alexandra Ritchie, Bureau Information Collection Clearance Officer (WO-630), Bureau of Land Management, Mail Stop 401LS, 1849 C Street, NW., Washington, DC 20240. Additionally, you may contact Alexandra Ritchie regarding this ICR at

(202)452-0388 (phone);

(202)653-5287 (fax); or *Alexandra_Ritchie@blm.gov* (e-mail). FOR FURTHER INFORMATION CONTACT: For program-related questions, contact Roger Haskins on

(202)452-0355 (Commercial or FTS). Persons who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact Mr. Haskins via message service. For questions regarding this ICR or the information collection process, contact Alexandra Ritchie by phone, mail, fax, or e-mail (see ADDRESSES ). SUPPLEMENTARY INFORMATION: *OMB Control Number:* 1004-0169. *Title:* Use and Occupancy Under the Mining Laws, 43 CFR subpart 3715. *Bureau Form Number:* Nonform information. *Type of Request:* Revision of currently approved collection. *Affected Public:* Private sector (mining claimants and operators of prospecting, exploration, mining, and processing operations). *Respondents' Obligation:* Required to obtain or retain a benefit. *Frequency of Collection:* On occasion. Section of reg. Title Estimated number of responses Estimated hours per response Estimated total hours Total compensation ($19.56 × 1.4) Estimated annual cost to the public 43 CFR 3715.3-2 Newly initiated or proposed occupancies 25 2 50 $27.38 $1,400 43 CFR 3715.4 Existing occupancies 5 2 10 27.38 300 Total 30 60 1,700 *Abstract:* The Bureau of Land Management proposes to extend the currently approved collection of information from mining claimants concerning use and occupancy of their mining claims on public lands. The nonform information authorizes the BLM to manage the use and occupancy on public lands for developing the mining deposits by mining claimants. *Comments:* We again specifically request your comments on the following: 1. Whether the collection of information is necessary for the proper functioning of the BLM, including whether the information will have practical utility; 2. The accuracy of the BLM's estimate of the burden of collecting the information, including the validity of the methodology and assumptions used; 3. The quality, utility and clarity of the information to be collected; and 4. How to minimize the burden of collecting the information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other forms of information technology. Dated: June 17, 2008. Alexandra Ritchie, Bureau of Land Management, Acting Bureau Information Collection Clearance Officer. [FR Doc. E8-14121 Filed 6-20-08; 8:45 am] BILLING CODE 4310-84-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [F-14871-A, F-14871-A2; AK-965-1410-KC-P] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to The Kuskokwim Corporation, Successor in Interest to Upper Kalskag, Incorporated. The lands are in the vicinity of Upper Kalskag, Alaska, and are located in: Lot 3, U.S. Survey No. 6484, Alaska Containing 73.63 acres. Seward Meridian, Alaska T. 17 N., R. 59 W., Secs. 23 to 36, inclusive. Containing 7,977.94 acres. T. 16 N., R. 60 W., Secs. 3 to 8, inclusive. Containing 3,657.59 acres. T. 17 N., R. 60 W., Secs. 25, 26, and 27; Secs. 31 to 36, inclusive. Containing 4,895.29 acres. T. 18 N., R. 60 W., Sec. 2. Containing 640 acres. T. 19 N., R. 60 W., Sec. 35. Containing 640 acres. T. 16 N., R. 61 W., Secs. 1 to 12, inclusive. Containing 6,432.17 acres. T. 17 N., R. 62 W., Secs. 18 and 19. Containing 1,269.28 acres. T. 17 N., R. 63 W., Secs. 13 and 14; Secs. 23 and 24. Containing 2,203.00 acres. Aggregating 27,788.90 acres. The subsurface estate in these lands will be conveyed to Calista Corporation when the surface estate is conveyed to The Kuskokwim Corporation. Notice of the decision will also be published four times in the Tundra Drums. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until July 23, 2008 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management,Alaska State Office,222 West Seventh Avenue, #13,Anchorage, Alaska 99513-7504. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907-271-5960, or by e-mail at *ak.blm.conveyance@ak.blm.gov.* Persons who use a telecommunication device

(TTD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Robin Middleton, Land Law Examiner,Land Transfer Adjudication II. [FR Doc. E8-14157 Filed 6-20-08; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR932-6334-DF-062H; HAG-0125] Notice of Intent

(NOI)To Prepare an Environmental Impact Statement

(EIS)for Vegetation Treatments Using Herbicides on BLM Lands in Oregon AGENCY: USDI, Bureau of Land Management

(BLM)Oregon/Washington State Office. ACTION: Notice of Intent To Prepare an Environmental Impact Statement (EIS). SUMMARY: In accordance with Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), the BLM in Oregon is beginning preparation of a programmatic Environmental Impact Statement

(EIS)to analyze the use of 18 nationally approved herbicides to control noxious weeds; to treat invasive plants and other weeds in administrative sites, recreation sites, and rights-of-way; to treat forest pests and diseases; and to meet non-commodity landscape health objectives across nine BLM Districts in Oregon. This EIS will tier to, and adopt procedures from, the programmatic *Vegetation Treatments Using Herbicides on BLM Lands in 17 Western States* EIS and Record of Decision

(ROD)completed by the BLM in 2007 for the same 18 herbicides. The EIS will not amend existing District Resource Management Plans (RMPs). DATES: Publication of this notice initiates a scoping period that runs through July 28, 2008. Written or e-mailed comments are being sought to help identify the relevant issues and environmental concerns, identify possible alternatives, and help determine the scope of the EIS. During the scoping period, the BLM will hold public scoping meetings in Oregon, at or near each of the nine BLM District Offices and in Klamath Falls and Baker City, to describe the proposal and solicit ideas for issues and alternatives to be considered in the EIS. Times and locations are included in SUPPLEMENTARY INFORMATION below and will be announced through local press releases, advertisements, and the project Web site. FOR FURTHER INFORMATION CONTACT: For further information, to be placed on the mailing list, or to provide written comments, send e-mail to *ORVegTreatments@blm.gov* or contact Ken Denton, EIS Team Leader, OR/WA Bureau of Land Management-932, PO Box 2965, Portland, OR 97208; telephone

(503)808-6443. Additional information is also available on the project Web site at: *http://www.blm.gov/or/plans/vegtreatmentseis* . Comments received will be available for public inspection at the Bureau of Land Management Oregon State Office reading room, located at 333 SW. First St., Portland, OR 97204. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The minutes and list of attendees for each scoping meeting will be available to the public and any participant who wishes to clarify the views he or she expressed may do so through the end of the scoping period. SUPPLEMENTARY INFORMATION: BLM manages 15.7 million acres in Oregon. Invasive plants (including noxious weeds) affect over a million of these acres and are increasing at an estimated 10 to 15 percent per year. Invasive plants degrade soil and water quality, displace native vegetation, and negatively alter habitat for fish and wildlife. Noxious weeds, invasive plants, and other weeds also encroach on rights-of-ways and administrative and recreation sites. Currently, the BLM utilizes an integrated pest management approach for invasive plant and other weed management; which includes education, early detection and prevention measures, as well as manual, mechanical, cultural, biological, and chemical vegetation controls. However, chemical control on BLM lands in Oregon is currently limited to the use of four approved herbicides, and those are limited to treatment of federal-, state-, and county-designated noxious weeds (a subset of the invasive plants). To improve the overall effectiveness of Oregon BLM's integrated pest management program, there is a need for access to a broader array of herbicides that are generally less toxic, more target-specific, and more effective at controlling noxious weeds, invasive plants, and other weeds. The BLM in Oregon will analyze the use of up to 18 herbicide active ingredients approved for use in the national *Vegetation Treatments Using Herbicides on BLM Lands in 17 Western States* EIS and ROD completed by the BLM in 2007. The purpose of the Oregon EIS is to: • Evaluate the effects of using up to 18 nationally approved herbicide active ingredients for treatment of noxious weeds; for treatment of invasive vegetation and other weeds in administrative sites, recreation sites, and rights-of-way; for treatment of forest pests and diseases; and to achieve non-commodity landscape health objectives. • Incorporate the Risk Assessments, Standard Operating Procedures, and Mitigation Measures for herbicide application outlined in the National Programmatic EIS. • Provide the necessary context and analysis of environmental effects that will enable each of the nine BLM Districts in Oregon to prepare National Environmental Policy Act

(NEPA)analyses on site-specific projects and treatments. The EIS will not evaluate herbicide use directed specifically at commodity production such as livestock forage production and timber production. The National Programmatic EIS and Environmental Report completed in 2007 for the 17 western states ( *http://www.blm.gov/wo/st/en/prog/more/veg_eis.html* ) provided a programmatic analysis of the effects of using herbicides for treating vegetation on BLM lands in the western U.S., including Alaska. That EIS did not specifically address which herbicides, and in what quantities, would be used in Oregon. The Oregon EIS will tier to the National EIS. The Oregon EIS will, however, identify which herbicides will be available for use in Oregon and how those herbicides will be used as part of an integrated vegetation treatment program and provide Oregon-specific environmental effects of their use. Subsequent project-specific NEPA analyses will be conducted at the field-office level before individual projects are carried out. The BLM has initially identified the following issues for analysis in the Oregon-wide programmatic EIS: • Effects to fish and other non-target aquatic organisms; • Effects to water quality; • Effects to wildlife and other non-target terrestrial organisms; • Public and worker health and safety; • Treatment-effectiveness; and, • Cost-effectiveness. Meetings Oregon Meeting Schedule Date and Time—Location—Key Contact July 7, 5-7 p.m.—Baker BLM Resource Area Office, 3285 11th Street, Baker City—Mark Wilkening

(541)473-6218. July 8, 6:30-8 p.m.—Vale BLM District Office, 100 Oregon St., Vale—Mark Wilkening

(541)473-6218. July 9, 5:30-7 p.m.—Harney County Senior Center, 17 S. Alder Ave., Burns—Tara Martinak

(541)573-4519. July 10, 8-10 a.m.—Lakeview BLM Office, 1301 S. “G” Street, Lakeview—Scott Stoffel

(541)947-6237. July 10, 1:30-3:30 p.m.—Klamath Falls, 2795 Anderson Avenue, Bldg. #25, Klamath Falls—Scott Stoffel

(541)947-6237. July 14, 6:30-8 p.m.—North Bend Public Library, 1800 Sherman Ave., North Bend—Megan Harper

(541)751-4353. July 15, 6:30-8:30 p.m.—Medford BLM Office, 3040 Biddle Road, Medford—James Whittington

(541)618-2220. July 16, 6:30-8 p.m.—Umpqua National Forest Supervisor's Office, 2900 Stewart Pkwy, Roseburg—Robert Hall

(541)464-3245. July 17, 6:30-8:30 p.m.—Harris Hall, Lane Co. Building, 125 E. 8th Ave., Eugene—Doug Huntington

(541)683-6415. July 18, 6:30-8:30 p.m.—Downtown Hilton, Director's Suite, 921 SW. 6th Ave., Portland—Maya Fuller

(503)808-6437. July 21, 6:30-8 p.m.—Salem BLM Office, 1717 Fabry Rd. SE., Salem—Trish Hogervorst

(503)375-5657. July 22, 6:30-8 p.m.—Saint Joseph's Parish Hall, 200 East 1st St. Prineville—Teal Purrington

(541)416-6772. Dated: June 13, 2008. James G. Kenna, Associate State Director, Oregon/Washington. [FR Doc. E8-14159 Filed 6-20-08; 8:45 am] BILLING CODE 4310-33-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA-920-1310-FI; CACA 45619] Proposed Reinstatement of Terminated Oil and Gas Lease CACA 45619 AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Reinstatement of Terminated Oil and Gas Lease. SUMMARY: Under the provisions of Public Law 97-451, Western States International, Inc timely filed a petition for reinstatement of oil and gas lease CACA 45619 for lands in Kern County, California, and it was accompanied by all required rentals and royalties accruing from March 1, 2008, the date of termination. FOR FURTHER INFORMATION CONTACT: Rita Altamira, Land Law Examiner, Branch of Adjudication, Division of Energy & Minerals, BLM California State Office, 2800 Cottage Way, W-1834, Sacramento, California 95825,

(916)978-4378. SUPPLEMENTARY INFORMATION: No valid lease has been issued affecting the lands. The lessee has agreed to new lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof and 16 2/3 percent, respectively. The lessee has paid the required $500 administrative fee and has reimbursed the Bureau of Land Management for the cost of this **Federal Register** notice. The Lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and

(e)of the Mineral Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate the lease effective March 1, 2008, subject to the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: June 9, 2008. Debra Marsh, Supervisor, Branch of Adjudication, Division of Energy & Minerals. [FR Doc. E8-14096 Filed 6-20-08; 8:45 am] BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-923-1310-FI; WYW173501] Wyoming: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Proposed Reinstatement of Terminated Oil and Gas Lease. SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management

(BLM)received a petition for reinstatement from Black Hills Exploration and Production, Inc. for Competitive oil and gas lease WYW173501 for land in Weston County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication, at

(307)775-6176. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre, or fraction thereof, per year and 16 2/3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this **Federal Register** notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and

(e)of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease WYW173501 effective December 1, 2007, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. BLM has not issued a valid lease affecting the lands. Pamela J. Lewis, Chief, Branch of Fluid Minerals Adjudication. [FR Doc. E8-14155 Filed 6-20-08; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on June 17, 2008, a proposed Consent Decree (“Decree”) in United States v. John Woodhams, Civil Action No. 3:07-CV-0074-RRE-KKK was lodged with the United States District Court for the District of North Dakota. The Decree resolves the United States' claims under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607, for reimbursement of response costs incurred in connection with the release or threatened release of hazardous substances at the Camelot Cleaners Site in West Fargo, North Dakota (“Site”). The Decree requires Defendant to pay $300,000 to the United States for response costs and assign to the United States all potential rights to insurance claim proceeds relating to the Site. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States* v. *John Woodhams* , D.J. Ref. 90-11-3-09038. The Decree may be examined at the Office of the United States Attorney, District of North Dakota, 655 First Avenue North, Suite 250, Fargo, ND 58102-4932, and at U.S. EPA Region 8, 1595 Wynkoop St., Denver, CO 80202-1129. During the public comment period, the Decree, may also be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $6.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert D. Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-14056 Filed 6-20-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement; Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that, for a period of 30 days, the United States will receive public comments on a proposed Consent Decree in *United States* v. *Dravo Corporation* (Civil Action No. 8:04-CV-356), which was lodged with the United States District Court for the District of Nebraska on June 16, 2008. The Complaint alleges that Dravo is civilly liable for violations under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. 9607(a). The Complaint seeks the recovery of response costs incurred and to be incurred by the United States as a result of releases or threatened releases of hazardous substances at or from the Hastings Naval Ammunition Depot Subsite of the Hastings Ground Water Contamination Site, located in Hastings, Adams County, Nebraska. Under the settlement, Dravo Corporation has agreed to pay to the United States one million one hundred sixty-one thousand dollars ($1,161,000.00) for the recovery of these response costs. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and may be submitted to: P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, or via e-mail to *pubcomment-ees.enrd@usdoj.gov* , and should refer to *United States* v. *Dravo Corporation,* D.J. Ref. 90-11-2-1260/2. The Consent Decree may be examined at the Office of the United States Attorney. District of Nebraska, 1620 Dodge Street, Suite 1400, Omaha, NE 68102-1506. During the public comment period the Dravo Consent Decree may also be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Dravo Consent Decree also may be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $4.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen M. Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-14041 Filed 6-20-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-306R] Proposed Revised Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2008 AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Notice of proposed revised 2008 assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. SUMMARY: This notice proposes revised 2008 assessment of annual needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. DATES: Written comments must be postmarked, and electronic comments must be sent, on or before July 23, 2008. ADDRESSES: To ensure proper handling of comments, please reference “Docket No. DEA-306R” on all written and electronic correspondence. Written comments being sent via regular mail should be sent to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL. Written comments sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 8701 Morrissette Drive, Springfield, VA 22152. Comments may be directly sent to DEA electronically by sending an electronic message to *dea.diversion.policy@usdoj.gov.* However, persons wishing to request a hearing should note that such requests must be written and manually signed; requests for a hearing will not be accepted via electronic means. DEA will accept attachments to electronic comments in Microsoft Word, WordPerfect, Adobe PDF, or Excel file formats only. DEA will not accept any file format other than those specifically listed here. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, Telephone:

(202)307-7183. SUPPLEMENTARY INFORMATION: Section 713 of the Combat Methamphetamine Epidemic Act of 2005 (Title VII of Pub. L. 109-177)

(CMEA)amended Section 306 of the Controlled Substances Act

(CSA)(21 U.S.C. 826) by adding ephedrine, pseudoephedrine, and phenylpropanolamine to existing language to read as follows: “The Attorney General shall determine the total quantity and establish production quotas for each basic class of controlled substance in schedules I and II and for ephedrine, pseudoephedrine, and phenylpropanolamine to be manufactured each calendar year to provide for the estimated medical, scientific, research, and industrial needs of the United States, for lawful export requirements, and for the establishment and maintenance of reserve stocks.” Further, 715 of CMEA amended 21 U.S.C. 952 “Importation of controlled substances” by adding the same List I chemicals to the existing language in paragraph (a), and by adding a new paragraph

(d)to read as follows:

(a)Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of Subchapter I of this chapter, or any narcotic drug in schedule III, IV, or V of Subchapter I of this chapter, or ephedrine, pseudoephedrine, and phenylpropanolamine, except that—

(1)such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves, and of ephedrine, pseudoephedrine, and phenylpropanolamine, as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and (d)(1) With respect to a registrant under Section 958 who is authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine, at any time during the year the registrant may apply for an increase in the amount of such chemical that the registrant is authorized to import, and the Attorney General may approve the application if the Attorney General determines that the approval is necessary to provide for medical, scientific, or other legitimate purposes regarding the chemical. Editor's Note: This excerpt of the amendment is published for the convenience of the reader. The official text is published at 21 U.S.C. 952(a) and (d)(1). On December 27, 2007, a notice was published in the **Federal Register** which established the assessment of annual needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine (72 FR 73361). Pursuant to 21 CFR 1315, the Deputy Administrator of the DEA will, in early 2008, adjust the assessment of annual needs and individual importing and manufacturing quotas allocated for the year based upon 2007 year-end inventory and 2007 disposition data supplied by quota recipients for ephedrine, pseudoephedrine, and phenylpropanolamine, and other information available to the DEA. The proposed revised 2008 assessment of annual needs represents those quantities of ephedrine, pseudoephedrine, and phenylpropanolamine which may be manufactured domestically and/or imported into the United States to provide adequate supplies of each substance for: The estimated medical, scientific, research, and industrial needs of the United States; lawful export requirements; and the establishment and maintenance of reserve stocks. Therefore, under the authority vested in the Attorney General by Section 306 of the CSA (21 U.S.C. 826), and delegated to the Administrator of the DEA by 28 CFR 0.100, and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104, the Deputy Administrator hereby proposes the following revised 2008 assessment of annual needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine for 2008, expressed in grams of anhydrous base: List I chemicals Previously established initial 2008 assessment/(kg) Proposed revised 2008 assessment/(kg) Ephedrine (for sale) 11,500 11,500 Ephedrine (for conversion) 128,760 128,760 Pseudoephedrine (for sale) 511,100 511,100 Phenylpropanolamine (for sale) 5,545 5,545 Phenylpropanolamine (for conversion) 85,470 85,470 All interested persons are invited to submit their comments in writing or electronically regarding this proposal following the procedures in the ADDRESSES section of this document. A person may object to or comment on the proposal relating to any of the above-mentioned substances without filing comments or objections regarding the others. If a person believes that one or more of these issues warrant a hearing, the individual should so state and summarize the reasons for this belief. Persons wishing to request a hearing should note that such requests must be written and manually signed; requests for a hearing will not be accepted via electronic means. In the event that comments or objections to this proposal raise one or more issues which the Deputy Administrator finds warrant a hearing, the Deputy Administrator shall order a public hearing by notice in the **Federal Register** , summarizing the issues to be heard and setting the time for the hearing as per 21 CFR 1315.13(e). Regulatory Certifications Regulatory Flexibility Act The Deputy Administrator hereby certifies that this action will not have a significant economic impact upon small entities whose interests must be considered under the Regulatory Flexibility Act, 5 U.S.C. 601-612. The establishment of the assessment of annual needs for ephedrine, pseudoephedrine and phenylpropanolamine is mandated by law. The assessments are necessary to provide for the estimated medical, scientific, research and industrial needs of the United States, for lawful export requirements, and the establishment and maintenance of reserve stocks. Accordingly, the Deputy Administrator has determined that this action does not require a regulatory flexibility analysis. Executive Order 12866 The Office of Management and Budget has determined that notices of assessment of annual needs are not subject to centralized review under Executive Order 12866. Executive Order 13132 This action does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this action does not have federalism implications warranting the application of Executive Order 13132. Executive Order 12988 This action meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. Unfunded Mandates Reform Act of 1995 This action will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $120,000,000 or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This action will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Dated: June 6, 2008. Michele M. Leonhart, Deputy Administrator. [FR Doc. E8-14108 Filed 6-20-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2008-0020] Slings; Extension of the Office of Management and Budget's

(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Standard on Slings (29 CFR 1910.184). The collection of information (paperwork) provisions of the Standard specify affixing identification tags or markings on slings, developing and maintaining inspection records, and retaining proof testing certificates. DATES: Comments must be submitted (postmarked, sent, or received) by August 22, 2008. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0020, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2008-0020). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION . *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information( *e.g.* , copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(e)of the Standard covers alloy steel chain slings. Paragraph (e)(1) requires that alloy steel chain slings have permanently affixed and durable identification stating the size, grade, rated capacity, and reach of the sling. The information, supplied by the manufacturer, is typically marked on a metal tag and affixed to the sling. Paragraph (e)(3)(i) requires the employer to make a thorough periodic inspection of alloy steel chain slings in use on a regular basis, but at least once a year. Paragraph (e)(3)(ii) requires the employer to make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected, and make this record available for examination. Paragraph (e)(4) requires the employer to retain certificates of proof testing. Employers must ensure that before use, each new, repaired, or reconditioned alloy steel chain sling, including all welded components in the sling assembly, has been proof tested by the sling manufacturer or an equivalent entity. The certificates of proof testing must be retained by the employer and made available for examination. Paragraph

(f)of the Standard covers wire rope slings. Paragraph (f)(4)(ii) requires that all welded end attachments of wire rope slings be proof tested by the manufacturer at twice their rated capacity prior to initial use, and that the employer retain a certificate of the proof test and make it available for examination. Paragraph

(g)of the Standard covers metal mesh slings. Paragraph (g)(1) requires each metal mesh sling to have a durable marking permanently affixed that states the rated capacity for vertical basket hitch and choker hitch loadings. Paragraph (g)(8)(ii) requires that once repaired, each metal mesh sling be permanently marked or tagged, or a written record maintained to indicate the date and type of the repairs made, and the person or organization that performed the repairs. Records of the repairs shall be made available for examination. Paragraph

(i)of the Standard covers synthetic web slings. Paragraph (i)(1) requires that synthetic web slings be marked or coded to show the rated capacities for each type of hitch and the type of synthetic web material used in the sling. Paragraph (i)(8)(i) prohibits the use of repaired synthetic web slings until they have been proof tested by the manufacturer or an equivalent entity. Paragraph (i)(8)(ii) requires the employer to retain a certificate of the proof test and make it available for examination. The information on the identification tags, markings, and codings assist the employer in determining whether the sling can be used for the lifting task. The sling inspections enable early detection of faulty slings. The inspection and repair records provide employers with information about when the last inspection was made and about the type of the repairs made. This information provides some assurance about the condition of the slings. These records also provide the most efficient means for an OSHA compliance officer to determine that an employer is complying with the Standard. Proof testing certificates give employers, employees, and OSHA compliance officers assurance that slings are safe to use. The certificates also provide the compliance officers with an efficient means to assess employer compliance with the Standard. II. Special Issues for Comment *OSHA has a particular interest in comments on the following issues:* • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Standard on Slings (29 CFR 1910.184). OSHA is proposing to decrease the existing burden hour estimate for the collection of information requirements specified by the Standard from 19,167 hours to 17,760 hours, a total decrease of 1,407 hours. The decrease occurred because, although there was an increase in the total number of slings, there was a decrease in the number of alloy steel chain slings. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved collection. *Title:* Slings (29 CFR 1910.184). *OMB Number:* 1218-0223. *Affected Public:* Business or other for-profits; Not-for-profit organizations; Federal Government; State, Local, or Tribal Government. *Number of Respondents:* 1,000,000. *Frequency of Response:* On occasion. *Average Time Per Response:* Varies from 1 minute (.02 hour) to maintain a certificate to 30 minutes (.50 hour) for a manufacturing employee to acquire information from a manufacturer for a new tag, make a new tag, and affix it to a sling. *Estimated Total Burden Hours:* 17,760. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on this Notice and Internet Access to Comments and Submissions *You may submit comments in response to this document as follows:*

(1)Electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;

(2)by facsimile (FAX); or

(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2008-0020). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov* . Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information ( *e.g.* , copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et seq.* ) and Secretary of Labor's Order No. 5-2007 (72 FR 31159). Signed at Washington, DC, on June 12, 2008. Edwin G. Foulke, Jr. Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E8-14073 Filed 6-20-08; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2008-0018] Forging Machines; Extension of the Office of Management and Budget's

(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Forging Machines Standard (29 CFR 1910.218). The paperwork provisions of the Standard specify requirements for developing and maintaining inspection records, and identifying manually operated valves and switches. DATES: Comments must be submitted (postmarked, sent, or received) by August 22, 2008. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0018, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2008-0018). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov* . For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION . *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information ( *e.g.* , copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent ( *i.e.* , employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 *et seq.* ) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). The following sections describe who uses the information collected under each requirement, as well as how they use it. The purpose of these requirements is to reduce employees' risk of death or serious injury by ensuring that forging machines used by them are in safe operating condition, and that they are able to clearly and properly identify manually operated valves and switches. *Inspection of Forging Machines, Guards, and Point-of-Operation Protection Devices (paragraphs (a)(2)(i) and (a)(2)(ii))* . Paragraph (a)(2)(i) requires employers to establish periodic and regular maintenance safety checks, and to develop and maintain a certification record of each inspection. The certification record must include the date of inspection, the signature of the person who performed the inspection, and the serial number (or other identifier) of the forging machine inspected. Under paragraph (a)(2)(ii), employers are to schedule regular and frequent inspections of guards and point-of-operation protection devices, and prepare a certification record of each inspection that contains the date of the inspection, the signature of the person who performed the inspection, and the serial number (or other identifier) of the equipment inspected. These inspection certification records provide assurance to employers, employees, and OSHA compliance officers that forging machines, guards, and point-of-operation protection devices have been inspected, assuring that they will operate properly and safely, thereby preventing impact injury and death to employees during forging operations. These records also provide the most efficient means for the compliance officers to determine that an employer is complying with the Standard. *Identification of Manually Controlled Valves and Switches (paragraphs (c), (h)(3), (i)(1) and (i)(2))* . These paragraphs require proper and clear identification of manually operated valves and switches on presses, upsetters, boltheading equipment, and rivet-making machines, respectively. Marking valves and switches provide information to employees to ensure that they operate the forging machines correctly and safely. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Standard on Forging Machines (29 CFR 1910.218). The Agency is requesting to retain its current burden hour estimate of 187,264 hours associated with this Standard. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved collection. *Title:* Forging Machines (29 CFR 1910.218). *OMB Number:* 1218-0228. *Affected Public:* Business or other for-profits. *Number of Respondents:* 27,700. *Frequency:* Biweekly. *Average Time per Response:* Varies from 2 minutes (.03 hour) for an employer to disclose certification records to 8 minutes (.13 hour) for a manufacturing employee to conduct an inspection of each forging machine and guard or point-of-operation protection device biweekly. *Estimated Total Burden Hours:* 187,264. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:

(1)Electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;

(2)by facsimile (FAX); or

(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2008-0018). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov* . Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information ( *e.g.* , copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et seq.* ) and Secretary of Labor's Order No. 5-2007 (72 FR 31159). Signed at Washington, DC, on June 12, 2008. Edwin G. Foulke, Jr. Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E8-14074 Filed 6-20-08; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0038] Electrical Reliability Services, Inc. (Formerly Electro-Test, Inc.); Denial of Renewal of Recognition AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. SUMMARY: This notice announces the Occupational Safety and Health Administration's final decision to deny the renewal of recognition of Electrical Reliability Services, Inc. (formerly Electro-Test, Inc.)

(ETI)as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7. DATES: The denial of recognition is effective on June 23, 2008. FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210, or phone

(202)693-2110. SUPPLEMENTARY INFORMATION: I. Notice of Final Decision The Occupational Safety and Health Administration

(OSHA)is giving notice of the denial of renewal of recognition of Electrical Reliability Services, Inc. (formerly Electro-Test, Inc.)

(ETI)as a Nationally Recognized Testing Laboratory (NRTL). OSHA is taking this action following its requirements under Subsection I.B. of Appendix A to 29 CFR 1910.7. OSHA recognition of an NRTL signifies that the organization has met the legal requirements in Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7), OSHA's NRTL Program regulations. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition and is not a delegation or grant of government authority. As a result of recognition, employers may use products in the workplace that are properly approved by the NRTL to meet OSHA standards that require testing and certification. Subsection I.B describes the procedures that OSHA must use in deciding an NRTL's application for renewal of recognition. In order to approve such an application, the NRTL must meet all of the requirements for recognition in 29 CFR 1910.7. Subsection I.B sets out the steps OSHA must follow in reviewing each renewal application and provides the NRTL opportunities to correct or respond to any perceived failures to meet the requirements. OSHA followed the process set forth in Subsection I.B and is denying renewal of ETI as an NRTL. OSHA found that ETI's ownership by Emerson Electric Company resulted in ETI's failure to satisfy the requirement of 29 CFR 1910.7 that NRTLs be independent of the manufacturers and vendors of the products for which OSHA requires certification. This failure constitutes a cause for non-renewal under OSHA's NRTL Program regulations. OSHA has notified ETI of its final decision to deny its application for renewal. The effective date of non-renewal is shown in the DATES section above. As of this date, the Agency no longer accepts product certifications done by ETI. Docket No. OSHA-2007-0038 contains all public materials in the record concerning the recognition of ETI. You may obtain or review copies of these documents by contacting the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210. Signed at Washington, DC, this 13th day of June, 2008. Edwin G. Foulke, Jr. Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E8-14072 Filed 6-20-08; 8:45 am] BILLING CODE 4510-26-P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Meeting Date: June 19, 2008. Time and Date: 10 a.m., Wednesday, July 16, 2008. Place: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC. Status: Open. Matters to be Considered: The Commission will consider and act upon the following in open session: *Secretary of Labor* v. *Spartan Mining Company* , Docket Nos. WEVA 2004-117-RM, *et al* . (Issues include whether the Administrative Law Judge properly found violations and assessed penalties for the following standards: 30 CFR 75.606 (requiring protecting cables); 30 CFR 75.511 (requiring locking and tagging out before electrical work); 30 CFR 75.1725(a) (requiring unsafe equipment to be removed from service); and 30 CFR 75.313(a)(3) (requiring withdrawal from a working section in mine fan outage)). Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d). FOR FURTHER INFORMATION CONTACT: Jean Ellen

(202)434-9950/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free. Sandra G. Farrow, Acting Chief Docket Clerk. [FR Doc. 08-1377 Filed 6-19-08; 11:15 am]

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