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Code · REGISTER · 2008-07-01 · Federal Trade Commission (“FTC” or “Commission”) · Notices

Notices. Notice

50,752 words·~231 min read·/register/2008/07/01/08-1401

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

BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request AGENCY: Federal Trade Commission (“FTC” or “Commission”). ACTION: Notice. SUMMARY: The FTC intends to conduct consumer survey research to advance its understanding of the experiences of consumers who interact with consumer reporting agencies following an incident of identity theft. The results of this research will inform and guide the FTC’s future enforcement and education efforts.
Before gathering information, the FTC is seeking public comments on its proposed consumer research. Comments will be considered before the FTC submits a request for Office of Management and Budget (“OMB”) review under the Paperwork Reduction Act (“PRA”). DATES: Comments must be filed by September 2, 2008. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Consumer Experiences with CRAs Research: FTC File No. P065405,” to facilitate the organization of comments.
A comment filed in paper form should include this reference both in the text and on the envelope and should be mailed or delivered to the following address: Federal Trade Commission, Room H-135 (Annex J), 600 Pennsylvania Ave., N.W., Washington, D.C. 20580. Because paper mail in the Washington area and at the FTC is subject to delay, please consider submitting your comments in electronic form, as prescribed below. If, however, the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 1 1 Commission Rule 4.2(d), 16 CFR 4.2(d).
The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). Comments filed in electronic form should be submitted by following the instructions on the web-based form at:
( *https://secure.commentworks.com/ftc-factasurvey* ). To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the ( *https://secure.commentworks.com/ftc-factasurvey* ) weblink. If this notice appears at ( *www.regulations.gov* ), you may also file an electronic comment through that website. The Commission will consider all comments that regulations.gov forwards to it. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate.
All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC website, to the extent practicable, at *www.ftc.gov* . As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy at ( *http://www.ftc.gov/ftc/privacy.htm* ).
FOR FURTHER INFORMATION CONTACT: Requests for additional information should be addressed to Pavneet Singh or Anthony Rodriguez, Attorneys, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Mail Stop NJ-3158, Washington, DC 20580,
(202)326-2252. SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB provide paperwork clearance for the information collection noted herein. The FTC invites comments on:
(1)whether the proposed collections of information are necessary for the proper performance of the functions of the agency, including whether the information has practical utility;
(2)the accuracy of the agency’s estimate of the burden of the proposed collections of information;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collections of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before September 2, 2008. 1. Description of the collection of information and proposed use The Fair Credit Reporting Act (“FCRA”) provides identity theft victims with certain rights, such as the ability to place fraud alerts on their credit files, designed to assist them in avoiding or mitigating the harms they suffer as a result of the crime. The Commission intends to use consumer survey research to advance its understanding of the experiences of identity theft victims who interact with consumer reporting agencies
(CRAs)and who seek to avail themselves of their FCRA remedies. The consumer research will include focus group interviews of 30 consumers, to be followed by a pretesting phase consisting of phone interviews of another 30 consumers, and then mail surveys sent to individual consumers. The Commission seeks information from consumers who have been victims of identity theft and who have contacted one or more of the three nationwide CRAs for assistance. The information from consumers will be collected on a voluntary basis and will be maintained anonymously. The FTC staff will identify consumers to be contacted for each phase of the research from a random selection of consumers who have communicated with the FTC’s Identity Theft Data Clearinghouse database between January 1, 2008 and May 30, 2008. Staff is seeking approximately 1,000 returned surveys because that input would enable it to project the results from the sample to the population from which the sample was drawn with a maximum error rate of 3%. Assuming a response rate of about 25% - 30%, this would require staff to mail the survey to approximately 3,000 - 4,000 individuals. Questions to identity theft victims in the research will address several topics, including but not limited to: victim experiences when they contacted one or more CRAs and whether they received the required notice of rights from CRAs; their access to free credit reports; and their ability to place fraud alerts on their files, dispute inaccurate information, and block information due to identity theft. The results of the focus groups and mail surveys will assist the FTC in assessing the experiences of identity theft victims when they interact with CRAs. This assessment will help to inform and guide the FTC’s future efforts to enforce provisions of the FCRA and to educate consumers and the consumer reporting industry of their rights and obligations under the FCRA. 2. Estimated hours burden The FTC staff intends to include a total of 30 consumers divided between three separate focus groups, consisting of 10 per group, and estimates that each consumer will take approximately one hour to participate in the focus groups. Thus, the estimated annual burden imposed by the focus groups will be approximately 30 hours. The staff estimates that respondents to the mail survey will require, on average, approximately 8 minutes to answer the survey (based on anticipated variations among consumers when they interacted with CRAs). The staff will pretest the survey through phone interviews of approximately 30 respondents to ensure that all questions are easily understood. The pretest will take approximately 4 hours as a whole (30 respondents x 8 minutes each). For the full survey, the staff intends to mail 3,000-4,000 surveys and anticipates receiving a response rate as high as 30% of the consumer recipients ( *i.e.* , 900 - 1,200 responses). Assuming 1,200 consumers respond to the survey, the staff further estimates the final survey will require approximately 160 hours to complete (1,200 respondents x 8 minutes each). Thus, cumulative burden hours for the clearance would total 194 hours. 3. Estimated cost burden The cost per respondent should be negligible. Participation is voluntary and will not require start-up, capital, or labor expenditures by respondents. William Blumenthal General Counsel [FR Doc. E8-14866 Filed 6-30-08: 8:45 am] BILLING CODE 6750-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Designation of a Class of Employees for Addition to the Special Exposure Cohort AGENCY: National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)gives notice of a decision to designate a class of employees at the Kellex/Pierpont facility in Jersey City, New Jersey, as an addition to the Special Exposure Cohort
(SEC)under the Energy Employees Occupational Illness Compensation Program Act of 2000. On May 30, 2008, the Secretary of HHS designated the following class of employees as an addition to the SEC: All Atomic Weapons Employer
(AWE)employees who worked at the Kellex/Pierpont facility in Jersey City, New Jersey, from January 1, 1943, through December 31, 1953, for a number of work days aggregating at least 250 work days occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort. This designation will become effective on June 29, 2008, unless Congress provides otherwise prior to the effective date. After this effective date, HHS will publish a notice in the **Federal Register** reporting the addition of this class to the SEC or the result of any provision by Congress regarding the decision by HHS to add the class to the SEC. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to *OCAS@CDC.GOV.* Dated: June 16, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8-14821 Filed 6-30-08; 8:45 am] BILLING CODE 4160-17-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Designation of a Class of Employees for Addition to the Special Exposure Cohort AGENCY: National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)gives notice of a decision to designate a class of employees at SAM (Special Alloyed or Substitute Alloy Materials) Laboratories of Columbia University, in New York City, New York, as an addition to the Special Exposure Cohort
(SEC)under the Energy Employees Occupational Illness Compensation Program Act of 2000. On May 30, 2008, the Secretary of HHS designated the following class of employees as an addition to the SEC: All employees of the Department of Energy (DOE), its predecessor agencies, and DOE contractors or subcontractors who worked in the Pupin, Schemerhorn, Havenmeyer, Nash, or Prentiss buildings at SAM (Special Alloyed or Substitute Alloy Materials) Laboratories of Columbia University in New York City, New York, from August 13, 1942, through December 31, 1947, for a number of work days aggregating at least 250 work days occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort. This designation will become effective on June 29, 2008, unless Congress provides otherwise prior to the effective date. After this effective date, HHS will publish a notice in the **Federal Register** reporting the addition of this class to the SEC or the result of any provision by Congress regarding the decision by HHS to add the class to the SEC. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to *OCAS@CDC.GOV.* Dated: June 16, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8-14822 Filed 6-30-08; 8:45 am] BILLING CODE 4160-17-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Designation of a Class of Employees for Addition to the Special Exposure Cohort AGENCY: National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)gives notice of a decision to designate a class of employees at the Hanford Nuclear Reservation in Richland, Washington, as an addition to the Special Exposure Cohort
(SEC)under the Energy Employees Occupational Illness Compensation Program Act of 2000. On May 30, 2008, the Secretary of HHS designated the following class of employees as an addition to the SEC: All employees of the Department of Energy (DOE), its predecessor agencies, and DOE contractors or subcontractors who worked from: 1. September 1, 1946 through December 31, 1961 in the 300 area; or 2. January 1, 1949 through December 31, 1968 in the 200 areas (East and West) at the Hanford Nuclear Reservation in Richland, Washington, for a number of work days aggregating at least 250 work days occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort. This designation will become effective on June 29, 2008, unless Congress provides otherwise prior to the effective date. After this effective date, HHS will publish a notice in the **Federal Register** reporting the addition of this class to the SEC or the result of any provision by Congress regarding the decision by HHS to add the class to the SEC. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to *OCAS@CDC.GOV* . Dated: June 16, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8-14824 Filed 6-30-08; 8:45 am] BILLING CODE 4160-17-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Designation of a Class of Employees for Addition to the Special Exposure Cohort AGENCY: National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)gives notice of a decision to designate a class of employees at the Horizons Inc. facility, Cleveland, Ohio, as an addition to the Special Exposure Cohort
(SEC)under the Energy Employees Occupational Illness Compensation Program Act of 2000. On May 30, 2008, the Secretary of HHS designated the following class of employees as an addition to the SEC: All Atomic Weapons Employer
(AWE)employees who worked at the Horizons, Inc. facility from January 1, 1952, through December 31, 1956, for a number of work days aggregating at least 250 work days occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort. This designation will become effective on June 29, 2008, unless Congress provides otherwise prior to the effective date. After this effective date, HHS will publish a notice in the **Federal Register** reporting the addition of this class to the SEC or the result of any provision by Congress regarding the decision by HHS to add the class to the SEC. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to *OCAS@CDC.GOV* . Dated: June 16, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8-14826 Filed 6-30-08; 8:45 am] BILLING CODE 4160-17-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institute for Occupational Safety and Health; Designation of a Class of Employees for Addition to the Special Exposure Cohort AGENCY: National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)gives notice of a decision to designate a class of employees at the Nuclear Materials and Equipment Corporation (NUMEC) facility, Parks Township, Pennsylvania, as an addition to the Special Exposure Cohort
(SEC)under the Energy Employees Occupational Illness Compensation Program Act of 2000. On May 30, 2008, the Secretary of HHS designated the following class of employees as an addition to the SEC: All Atomic Weapons Employer
(AWE)employees who worked at the Nuclear Materials and Equipment Corporation (NUMEC) facility in Parks Township, Pennsylvania, from June 1, 1960, through December 31, 1980, for a number of work days aggregating at least 250 work days occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the Special Exposure Cohort. This designation will become effective on June 29, 2008, unless Congress provides otherwise prior to the effective date. After this effective date, HHS will publish a notice in the **Federal Register** reporting the addition of this class to the SEC or the result of any provision by Congress regarding the decision by HHS to add the class to the SEC. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to *OCAS@CDC.GOV.* Dated: June 16, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8-14827 Filed 6-30-08; 8:45 am] BILLING CODE 4160-17-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Request for Information and Comments on the Implementation of Human Subjects Protection Training and Education Programs AGENCY: Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science, Office for Human Research Protections. ACTION: Notice. SUMMARY: The Office for Human Research Protections (OHRP), Office of Public Health and Science is seeking information and comments from affected entities and individuals about
(a)Whether OHRP should issue additional guidance recommending that institutions engaged in human subjects research conducted or supported by the Department of Health and Human Services
(HHS)implement training and education programs for certain individuals involved in the conduct, review, or oversight of human subjects research, or
(b)whether HHS should develop a regulation requiring the implementation of such training and education programs. This request for information and comment stems from the 1998 report from the HHS Office of Inspector General
(OIG)recommending that Federal requirements be enacted to help ensure that investigators and institutional review board
(IRB)members be adequately educated about, and sensitized to, human subjects protections. More recently, the Secretary's Advisory Committee on Human Research Protections (SACHRP) recommended that OHRP require institutions to ensure that initial and continuing training is provided for IRB members and staff, investigators, and certain institutional officials. The implementation of such training and education programs might help to ensure that individuals involved in the conduct or review of human subjects research at institutions holding OHRP-approved Federalwide Assurances
(FWAs)understand and meet their regulatory responsibilities for protecting human subjects. DATES: Submit written or electronic comments by September 29, 2008. ADDRESSES: You may submit comments by any of the following methods: • E-mail: *humansubjectstraining@hhs.gov.* Include “Human Subjects Protection Training and Education” in the subject line. • Fax: 301-402-2071. • Mail/Hand delivery/Courier [For paper, disk, or CD-ROM submissions]: Michael A. Carome, M.D., Captain, U.S. Public Health Service, OHRP, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852. Comments received within the public comment period, including any personal information, will be made available to the public upon request. FOR FURTHER INFORMATION CONTACT: Michael A. Carome, M.D., Captain, U.S. Public Health Service, OHRP, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852, 240-453-6900; e-mail *Michael.Carome@hhs.gov.* SUPPLEMENTARY INFORMATION: I. Background Under the HHS regulations for the protection of human subjects, found at 45 CFR part 46, institutions or organizations that are engaged in human subjects research that is conducted or supported by HHS must file with OHRP an assurance of compliance with the human subjects protection regulations. The assurance must be executed by an individual authorized to act on behalf of the institution and authorized to assume, on behalf of the institution, the obligations imposed by the human subjects protection regulations [45 CFR 46.103(c)]. Thus, to fulfill his or her regulatory responsibilities, the institutional official must be knowledgeable about the requirements of the human subjects protection regulations. The institution's assurance of compliance must also designate one or more IRBs to review research covered by the regulations, and the institution must ensure that each designated IRB has sufficient staff to support the IRB's activities [45 CFR 46.103(b)(2)]. IRB members must be sufficiently qualified through experience and expertise and diversity to promote respect for their advice and counsel in safeguarding the rights and welfare of human subjects. IRB members also must have the professional competence necessary to review human subjects research activities of the institution, including the ability to ascertain the acceptability of the proposed research in terms of institutional commitments and regulations, applicable law, and standards of professional conduct and practice; therefore, members must be knowledgeable in those areas [45 CFR 46.107]. Thus, to fulfill their regulatory responsibilities, IRB members must be informed about human subjects protection requirements. Investigators involved in the conduct of human subjects research that is conducted or supported by HHS play a crucial role in protecting the rights and welfare of human subjects. Investigators have specific responsibilities under the human subjects protection requirements related to the conduct of IRB-approved research. For example, no investigator may involve a human being in research that is conducted or supported by HHS or covered by the institution's assurance unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally authorized representative in accordance with, and to the extent required by, HHS regulations at 45 CFR 46.116. Moreover, investigators are responsible for providing required information to the IRB [45 CFR 46.103(b)(5), 46.111]. Investigators are responsible for obtaining prior approval from the IRB for any modifications of the previously approved research, except those necessary to eliminate apparent immediate hazards to subjects, and investigators are responsible for ensuring that progress reports and requests for continuing review and approval are submitted to the IRB in accordance with the policies, procedures, and actions of the IRB as referenced in the institution's OHRP-approved FWA [45 CFR 46.103(b)(4), 45 CFR 46.109(e), 45 CFR 46.115(a)(1)]. Thus, investigators need to be informed about human subjects protection requirements. The HHS Office of Inspector General (OIG), in its 1998 Report, “Institutional Review Boards: A Time for Reform,” called for strong Federal action concerning education of investigators conducting, and IRB members reviewing, human subjects research ( *http://oig.hhs.gov/oei/reports/oei-01-97-00193.pdf* ). In that report, the OIG recommended enactment of Federal requirements that help ensure that investigators and IRB members are adequately educated about, and sensitized to, human subjects protections. In October 2000, the National Institutes of Health
(NIH)instituted a policy that requires education on the protection of human research participants for all key personnel as a condition of funding grant applications or contract proposals involving human subjects research ( *http://grants1.nih.gov/grants/guide/notice-files/NOT-OD-010061.html* ). Key personnel include all individuals who are responsible for the design and conduct of research studies involving human subjects. In its 2001 report, “Ethical and Policy Issues in Research Involving Human Participants,” the National Bioethics Advisory Committee
(NBAC)recommended that all institutions and sponsors engaged in research involving human participants should provide educational programs in research ethics to appropriate institutional officials, investigators, IRB members, and IRB staff ( *http://www.georgetown.edu/research/nrcbl/nbac/human/overvol1.pdf* ). NBAC also recommended that the Federal Government, in partnership with academic and professional societies, should enhance research ethics education related to protecting human research subjects, as well as stimulate development of innovative educational programs. In its 2002 report commissioned by HHS, “Responsible Research: A Systems Approach to Protecting Research Participants,” the Institute of Medicine
(IOM)recommended that research organizations should ensure that investigators, IRB members, and other individuals substantively involved in research with humans are adequately educated to perform their respective duties ( *http://www.nap.edu/books/0309084881/html/* ). On March 29, 2007, SACHRP recommended that OHRP require that institutions ensure that initial and continuing training is provided for IRB members and staff, investigators, and certain institutional officials, including the official that signed the institution's FWA. Over the past several years, OHRP has identified serious, systemic noncompliance with the requirements of HHS regulations for the protection of human subjects at a significant number of major institutions engaged in human subjects research conducted or supported by HHS. In OHRP's experience, inadequate training and education of individuals involved in the conduct or review of human subjects research has been a major root cause of such noncompliance. OHRP developed the FWA as a new type of assurance in December 2000. Initially, OHRP proposed that the FWA include requirements for training and education regarding human subjects protection regulations for institutional officials, IRB members, IRB staff, investigators and other institutional personnel. Following public comment on the proposed FWA, OHRP issued a revised version of the FWA on March 20, 2002 that strongly recommended, rather than required, such training and education. This decision was based, in part, on a determination that rulemaking would be a more appropriate mechanism for requiring such training and education. In the current FWA terms of assurance, OHRP strongly recommends that the institutional official, human protections administrator, and IRB chairperson(s) designated under the assurance complete the OHRP Assurance Training Modules available on the OHRP Web site at *http://137.187.172.153/CBTs/Assurance/login.asp.* Furthermore, OHRP recommends that the institution and the designated IRB(s) establish educational training and oversight mechanisms appropriate to the nature of the institution's research portfolio to ensure that research investigators, IRB members, IRB staff, and other appropriate personnel maintain continuing knowledge of, and comply with, relevant ethical principles, relevant Federal regulations, OHRP guidance, other applicable guidance, state and local laws, and institutional policies for the protection of human subjects. OHRP also recommends that IRB members and staff complete relevant educational training before reviewing human subjects research; and that research investigators complete appropriate institutional educational training before conducting human subjects research. II. Request for Information and Comments Based on the recommendations of the OIG, NBAC, IOM, and SACHRP, as well as OHRP's own experience in compliance activities, which has revealed that many individuals involved in the conduct or review of HHS-supported or conducted research at numerous institutions had a significant gap in knowledge about human subject protections, OHRP is seeking comment from affected entities and individuals about
(a)whether OHRP should issue additional guidance recommending that institutions engaged in human subjects research conducted or supported by HHS implement training and education programs for certain individuals involved in the conduct, review, or oversight of human subjects research, or
(b)whether HHS should develop a regulation requiring the implementation of such training and education programs. The implementation of such training and education programs might help to ensure that individuals involved in the conduct or review of human subjects research at institutions holding OHRP-approved FWAs understand and meet their regulatory responsibilities for protecting human subjects. OHRP specifically seeks comment on the following questions. Comments should also include a reference to the specific numbered question being addressed:
(1)For the past 5 years OHRP has strongly recommended through the Terms of the FWA that: • Institutional signatory officials, human protections administrators, and the IRB chairpersons personally complete the relevant OHRP Assurance Training Modules (see *http://137.187.172.153/CBTs/Assurance/login.asp* ), or comparable training that includes the content of these modules; • Institutions and their designated IRBs establish educational training and oversight mechanisms (appropriate to the nature and volume of its research) to ensure that research investigators, IRB members and staff, and other appropriate personnel maintain continuing knowledge of, and comply with, the following: Relevant ethical principles; relevant federal regulations; written IRB procedures; OHRP guidance; other applicable guidance, state and local laws; and institutional policies for the protection of human subjects; • IRB members and staff complete relevant educational training before reviewing human subjects research; and • Research investigators complete appropriate institutional educational training before conducting human subjects research.
(1a)Have institutions holding OHRP-approved FWAs routinely implemented OHRP's recommendations?
(1b)What, if any, are the reasons for institutions not implementing OHRP's recommendations?
(1c)Has any failure of institutions to implement OHRP's recommendations been a significant contributing factor to noncompliance with the requirements of 45 CFR part 46 and inadequate protection of the rights and welfare of human subjects? If so, please provide examples.
(1d)If failure of institutions to implement OHRP's recommendations has been a significant contributing factor to noncompliance with the requirements of 45 CFR part 46 and inadequate protection of the rights and welfare of human subjects, would promulgation of a regulation requiring institutions to implement training and education programs for certain individuals involved in the conduct, review or oversight of human subjects research be the best mechanism to address this problem, or should different mechanisms be used (for example, would it be better if OHRP instead issued additional guidance regarding training and education programs)?
(1e)Even if there are no data suggesting that failure of institutions to implement OHRP's recommendations regarding education and training has been a contributing factor in non-compliance with the requirements of 45 CFR part 46, are there other sound reasons for developing further guidance or a regulation regarding education and training, and if so, what are they?
(2)If HHS decided to propose further guidance recommending, or a regulation requiring, that institutions implement training and education programs for certain individuals involved in the conduct, review, or oversight of human subjects research, which of the following categories of individuals should receive training and education and why: IRB chairpersons; other IRB members; IRB staff; principal investigators; others involved in the conduct of human subjects research (e.g., co-investigators, study coordinators); FWA signatory officials; human protection administrators; or any other category of individuals (please specify)?
(3a)Should further guidance or a regulation include provisions stipulating specific content for the training and education programs? If so, what should the specific content include and why (for example, should a regulation require inclusion of any or all of the following in the content of the training and education programs: The commitments and responsibilities of the institution under the FWA; relevant ethical principles cited in the institution's FWA; relevant Federal regulations for human subjects protection; OHRP guidance; other applicable guidance; relevant state and local laws; institutional policies for the protection of human subjects; or other content (please specify))?
(3b)Should the training and education recommendations or requirements differ depending upon the nature of the individual's involvement in research? If so, in what manner?
(3c)Notwithstanding whether training should be tailored according to an individual's role in the clinical research process, is there a minimum level of knowledge and skill that should be expected of anyone working in some aspect of the research enterprise?
(3d)How often should the content of the materials used for this training be updated?
(4)Should further guidance or a regulation include provisions stipulating that proficiency in human subjects protection requirements be demonstrated in some way (please specify)?
(5)Should further guidance or a regulation include recommendations or requirements for individuals to complete some minimum amount of training and education prior to any involvement in the conduct, review, or oversight of human subjects research?
(6)Should further guidance or a regulation include recommendations or requirements for periodic continuing training and education? If so, should the guidance or regulation stipulate a specific time interval for such periodic training and education (for example, should the regulation require individuals to complete continuing training and education activities every 1, 2, or 3 years)?
(7)Should further guidance or a regulation include recommendations or requirements for institutions to prepare and maintain written procedures for ensuring implementation of the training and education requirements?
(8)Should further guidance or a regulation include recommendations or requirements for institutions to prepare and maintain written documentation that individuals covered by the regulation have completed the required training and education activities?
(9)If HHS decided to propose a regulation, what would the estimated costs of the regulation be to institutions in terms of infrastructure and man-hour costs? OHRP is interested in receiving specific information on such estimated costs from all types and sizes of institutions that hold OHRP-approved FWAs. OHRP recognizes that the HHS human subjects protection regulations extend to a wide-range of institutions, from very small organizations and businesses that employ no more than a total of 5-10 individuals, to major academic research and health centers that may have literally thousands of individuals affected by any new training and education regulation. When providing comments regarding cost estimates, please include a description of assumptions that were made for calculating cost estimated (for example, assumptions made regarding the number and types of individuals who would be required to undergo training and education, the modalities that would be used for delivering the training and education, the time it would take for covered individuals to complete initial and continuing training and education, and how often continuing training and education would need to occur). Dated: June 19, 2008. Ivor A. Pritchard, Acting Director, Office for Human Research Protections. [FR Doc. E8-14917 Filed 6-30-08; 8:45 am] BILLING CODE 4150-36-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension of Certification on Maintenance of Effort for the Title III and Certification of Long-Term Care Ombudsman Program Expenditures AGENCY: Administration on Aging, HHS. ACTION: Notice. SUMMARY: The Administration on Aging
(AoA)is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget
(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Submit written comments on the collection of information by July 31, 2008. ADDRESSES: Submit written comments on the collection of information by fax 202.395.6974 to the OMB Desk Officer for AoA, Office of Information and Regulatory Affairs, OMB. FOR FURTHER INFORMATION CONTACT: Rodd Clay, e-mail: *rodd.clay@aoa.hhs.gov.* SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, AoA has submitted the following proposed collection of information to OMB for review and clearance. With respect to the following collection of information, AoA invites comments on:
(1)Whether the proposed collection of information is necessary for the proper performance of AoA's functions, including whether the information will have practical utility;
(2)the accuracy of AoA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques when appropriate, and other forms of information technology. The Certification on Maintenance of Effort for the Title III and Certification of Long-Term Care Ombudsman Program Expenditures provides statutorily required information regarding state's contribution to programs funded under the Older Americans Act and conformance with legislative requirements, pertinent Federal regulations and other applicable instructions and guidelines issued by Administration on Aging (AoA). This information will be used for Federal oversight of Title III Programs and Title VII Ombudsman Program. AoA estimates the burden of this collection of information as follows: 56 State Agencies on Aging respond annually which should be an average burden of one half ( 1/2 ) hour per State agency per year or a total of twenty-eight hours for all state agencies annually. In the **Federal Register** of March 19, 2008 (Vol. 73, No. 54 Page 14821), the agency requested comments on the proposed collection of information. No comments on the content of the collection were received. Dated: June 26, 2008. Josefina G. Carbonell, Assistant Secretary for Aging. [FR Doc. E8-14898 Filed 6-30-08; 8:45 am] BILLING CODE 4154-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Statement of Organization, Functions, and Delegations of Authority Part F of the Statement of Organization, Functions, and Delegations of Authority for the Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS), ( **Federal Register** , Vol. 73, No. 46, pp. 12451-12452, dated Friday, March 7, 2008) is amended to reflect a change in the name and updates to the functions for the Center for Beneficiary Choices. Part F. is described below: • Section F. 20. (Functions) reads as follows: Center for Drug and Health Plan Choice
(FAE)• Responsible for all national policies and operations necessary for the purchasing of Medicare Prescription Drug (Part D) and Medicare Advantage (Part C) health plan benefits. Designs, implements, and manages the procurement of prescription drug plans
(PDPs)and Medicare Advantage plans (MA and MA-PD plans), including the solicitation and approval of applications, review of benefits and negotiation of competitive bids, the implementation of quality improvement and performance measures, review of fiscal solvency and contractor management activities. • Develops and improves all bidding and payment policies related to the Medicare Prescription Drug Benefit and the Medicare Advantage
(MA)program. • Validates payments to the Part D prescription drug and MA plans, including routine annual risk adjustment data validation based on medical record review. • Coordinates the development and management of business requirements for the national systems for enrollment, payment, and contractor management for the Prescription Drug Benefit and the Medicare Advantage
(MA)programs. • Develops and implements the national policy and oversees operational implementation for all issues related to the Retiree Drug Subsidy Program. • Develops national policy for eligibility, enrollment and entitlement for Medicare Parts A, B, C, and D, including oversight of activities related to Part D auto-enrollment, low income subsidy, and creditable coverage. • Develops national policy and oversees operational activities related to Medicare Part A, B, C, and D claims-related hearings, appeals, grievances and other beneficiary-centered dispute resolution processes. • Serves as the focal point for issues related to a variety of Federal standards affecting private health insurance coverage, including those pertaining to its administration of the Medigap program, Title I of the Health Insurance Portability and Accountability Act and the Consolidated Omnibus Budget Reconciliation Act. • Works closely with the regional Consortium for Medicare Health Plans Operations (CMHPO) on all operational aspects of the Part C and Part D programs. • Develops and implements Part C and Part D contractor performance monitoring programs and Part C and Part D compliance and oversight programs and carries out these programs collaboratively with CMHPO. • Develops surveys to measure consumer experiences with their health plans and health care providers; manages the Consumer Assessment of Health Care Provider and Systems (CAHPS) survey; develops and prepares performance measures for Part C sponsors; analyzes and reports Health Plan Employers Data and Information Set data for Part C performance measures and consumer reports; and assesses the effectiveness of CMS' quality reporting activities. • Effectively communicates program policies related to the Prescription Drug and Medicare Advantage
(MA)programs to heath plans and drug plan contractors, employer group sponsors, beneficiary advocates and other stakeholders in the health care field. • Develops new policies (e.g. health plan access, benefits, special needs plans) and programs to reflect changes in program objectives, the health care delivery system, beneficiary health care needs, and new plan types to support an appropriate range of choices for beneficiaries. • Collaborates with our partners, such as industry, other government entities and advocacy groups, to understand their perspectives on Prescription Drug and Medicare Managed Care policies and procedures and to drive best practices in the health care industry. • Develops and implements a comprehensive strategic plan, objectives and measures for overseeing an effective compliance and oversight program for all Part C (Medicare Advantage) and Part D (Medicare Prescription Drug) contractors in close collaboration with CMHPO, the Medicare Drug Benefit and C & D Data Group, the Medicare Drug and Health Plan Contract Administration Group and other Center for Drug and Health Plan Choice components. • Develops and implements a comprehensive and effective audit program for all Part C (Medicare Advantage) and Part D (Medicare Prescription Drug) contractors. Dated: June 21, 2008. James W. Weber, Acting Director, Office of Operations Management, Centers for Medicare & Medicaid Services. [FR Doc. E8-14896 Filed 6-30-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2004-N-0188] (formerly Docket No. 2004N-0081) Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Request for Designation as Country Not Subject to the Restrictions Applicable to Human Food and Cosmetics Manufactured From, Processed With, or Otherwise Containing, Material From Cattle AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing that a collection of information entitled “Request for Designation as Country not Subject to the Restrictions Applicable to Human Food and Cosmetics Manufactured from, Processed With, or Otherwise Containing, Material from Cattle” has been approved by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995. 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 the **Federal Register** of April 17, 2008 (73 FR 20785), the agency announced that the proposed information collection had been submitted to OMB for review and clearance under 44 U.S.C. 3507. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assigned OMB control number 0910-0623. The approval expires on June 30, 2011. A copy of the supporting statement for this information collection is available on the Internet at *http://www.reginfo.gov/public/do/PRAMain* . Dated: June 24, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-14882 Filed 6-30-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0354] Agency Information Collection Activities; Proposed Collection; Comment Request; Mental Models Study of Farmers' Understanding and Implementation of Good Agricultural Practices AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on the proposed study entitled “Mental Models Study of Farmers' Understanding and Implementation of Good Agricultural Practices.” DATES: Submit written or electronic comments on the collection of information by September 2, 2008. ADDRESSES: Submit electronic comments on the collection of information to *http://www.regulations.gov* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the 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: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the **Federal Register** concerning each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics:
(1)Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility;
(2)the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Mental Models Study of Farmers' Understanding and Implementation of Good Agricultural Practices The proposed information collection will help FDA protect the public from foodborne illness by increasing the agency's understanding of how farmers and growers use Good Agricultural Practices
(GAPs)to address common risk factors in their operations and thereby minimize food safety hazards potentially associated with fresh produce. Fresh fruits and vegetables are those that are likely to be sold to consumers in an unprocessed or minimally processed (i.e., raw) form and that are reasonably likely to be consumed raw. Under section 903(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393 (b)(2)), FDA is authorized to conduct research relating to foods and to conduct educational and public information programs relating to the safety of the Nation's food supply. Under Title 42 of the Public Health Service Act (1944), FDA has authority to act to protect the public health. In 1998, FDA issued a guidance document entitled “Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables,” available at *http://www.cfsan.fda.gov/~dms/prodguid.html* . The guidance addresses microbial food safety hazards and good agricultural and good management practices common to the growing, harvesting, washing, sorting, packing, and transporting of most fruits and vegetables sold to consumers in an unprocessed or minimally processed
(raw)form. There is evidence that growers have not fully implemented the GAPs to reduce production risks, despite intensive GAPS training programs. FDA is planning to conduct a study to determine growers' decision-making processes with regard to understanding and implementing GAPs on the farm, to more fully understand the barriers and constraints associated with GAPs implementation. The project will use “mental modeling,” a qualitative research method wherein the decision-making processes of a group of respondents (described below) concerning the implementation of GAPs on the farm are modeled and compared to a model based on expert knowledge and experience in the implementation of GAPs. The information will be collected via a telephone interview concerning the factors that influence the perceptions and motivations related to the implementation of GAPs. A comparison between expert and consumer models based on the collected information may identify “consequential knowledge gaps” that can be redressed through information campaigns designed by FDA. *Description of respondents* : Respondents will be farmers or growers, GAPs trainers, and retail buyer and/or grower association representatives. FDA estimates the burden of this collection of information as follows: **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 Pre-tests/ Cognitive Interviews 9 1 9 .75 6.75 Study 60 1 60 .75 45 Total 51.75 1 There are no capital costs or operating and maintenance costs associated with this collection of information. The study will involve approximately 60 respondents, including 24 farmers or growers of fruits and vegetables, 24 GAPs trainers, and 12 retail buyer or grower association representatives. FDA will also conduct a pretest using 9 respondents. FDA estimates that each respondent will take 45 minutes (0.75 hours) to complete the interview for the study (60 respondents x 0.75 hours = 45 hours). Thus, the total annual burden for this one-time collection of information is 51.75 hours (6.75 hours + 45 hours = 51.75 hours). These estimates are based on FDA's experience with consumer research. 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 24, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-14887 Filed 6-30-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0146] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Requirements for Collection of Data Relating to the Prevention of Medical Gas Mix-ups at Health Care Facilities-Survey 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 31, 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 0910-0548. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1482. 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. Requirements for Collection of Data Relating to the Prevention of Medical Gas Mix-ups at Health Care Facilities-Survey—(OMB Control Number 0910-0548)—Extension FDA has received four reports of medical gas mix-ups occurring during the past 9 years. These reports were received from hospitals and nursing homes and involved 7 deaths and 15 injuries to patients who were thought to be receiving medical grade oxygen, but who were actually receiving a different gas (e.g., nitrogen, argon) that had been mistakenly connected to the facility's oxygen supply system. In 2001, FDA published guidance making recommendations to help hospitals, nursing homes, and other health care facilities avoid the tragedies that result from medical gas mix-ups and alerting these facilities to the hazards. This survey is intended to assess the degree of facilities' compliance with safety measures to prevent mix-ups, to determine if further steps are warranted to ensure the safety of patients. In the **Federal Register** of March 7, 2008 (73 FR 12452), 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 210 and 211 285 1 285 .25 71.25 Total 285 1 285 .25 71.25 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Dated: June 24, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-14888 Filed 6-30-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Innovative Food Defense Projects; New Limited Competition Cooperative Agreement U13; Request for Application Number: RFA-FDA-08-010 AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA), Office of Regulatory Affairs (ORA), Division of Federal-State Relations
(DFSR)is announcing the availability of grant funds for the support of innovative food defense projects. These grants are available to State, local, and tribal levels and must have national implication or application that can enhance Federal, State, and local food regulatory programs and are likely to impact preparedness, response and/or recovery. FDA anticipates providing approximately $240,000 in direct plus indirect costs in support of this program in fiscal year 2008. It is anticipated that 6 awards will be made for up to $40,000 per award/per year for up to 1 year. DATES: The application receipt date is July 30, 2008. I. Background/Funding Opportunity Description Food defense is a term used to describe activities associated with protecting the nation's food supply from intentional contamination. FDA (agency) has adopted 3 broad strategies that encompass its food defense activities:
(1)Awareness: Prevention/Preparedness: Increase awareness among Federal, state, local, and tribal governments and the private sector to better understand where the greatest vulnerabilities lie and develop effective protection/mitigation strategies to shield the food supply from intentional contamination;
(2)Response: Develop the capacity for a rapid coordinated response to a foodborne terrorist attack; and
(3)Recovery: Develop the capacity for a rapid coordinated recovery from a foodborne terrorist attack. In the aftermath of 9/11, the agency utilized an approach known as Operational Risk Management (ORM). ORM involves a determination of which combinations of foods and agents, and where on the farm-to-table continuum, constitute the highest risks of being targeted for attack that may result in a large number of causalities. It is recognized that any food could potentially be contaminated and thus zero-risk foods do not exist. However, based on ORM analysis it was discovered that higher-risk foods do share several common vulnerability factors: Large batch size, which implies a large number of servings; short shelf life, which implies rapid turnaround at retail and rapid consumption; uniform mixing, which would maximize the potential number of contaminated units; and accessibility of a so-called critical node, defined as a process or activity in the farm-to-table chain during which the agent could be added and go undetected. Currently, there is a joint program led by FDA, U.S. Department of Agriculture, Federal Bureau of Investigations, and the Department of Homeland Security, in collaboration with private industry and the states known as the Strategic Partnership Program Agroterrorism
(SPPA)Initiative. The SPPA was launched in July 2005 and through industry and state volunteers vulnerability assessments are conducted locally in different states on a variety of food commodities in coordination with Federal partners. These assessments not only address a specific food commodity but also facilitate interactions between the Federal, state and local officials that would be involved in a response to a deliberate attack on the food supply. Reports summarizing the results from the first 2 years of SPPA Assessments have been released. The report demonstrates trends seen in processing and agriculturally based commodities and also discusses potential mitigation strategies and research gaps that were identified. The full reports can be viewed at the Center for Food Safety and Nutrition (CFSAN) Web site at *http://www.cfsan.fda.gov/fooddefense* . As we continue to move forward in meeting our food defense goals by increasing preparedness, developing response plans, and ensuring we have the tools to facilitate recovery, we must also integrate these approaches into our existing food safety infrastructure. The overlap between food safety (unintentional contamination) and food defense (intentional contamination) is extensive and the pool of resources available is often the same. Food safety and food defense are ongoing issues and it is critical that these programs be integrated to the maximum extent possible in order to ensure the most efficient use of resources as well as optimizing response to an event. FDA is committed to this approach in order to make optimal use of both human and financial resources to protect public health. As a result, FDA and State field forces may weave components of food defense awareness and education into food safety inspections. FDA encourages other stakeholders to consider the possibilities of incorporating food defense ideas into their food safety related programs. FDA has relied on the States in assisting with these activities through formal contracts, partnership agreements, and other arrangements. Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, the demands on both the agency and the States have increased. Procedures need to be reviewed and innovative changes need to be made. These changes should increase effectiveness and efficiency and conserve resources. CFSAN will continue to support food defense programs by providing high quality, science-based work that result in maximizing consumer protection. FDA believes that these grants will be able to generate significant innovative projects and products that will benefit State and local governments, FDA, the industry, and the general public in the areas of food defense just as past awards have benefited all stakeholders in food safety. It is anticipated that innovative food defense programs and concepts that are developed at the State and local levels could enhance programs that are developed at the Federal level. To view past innovative food safety awards that have been generated out of this work you can view the ORA Web site at *http://www.fda.gov/ora/fed_state/Innovative_Grants.html* . A. Project Emphasis The specific goal of this program is to generate products that complement, develop, or improve State and local food defense programs and that these could be applied to food defense programs nationwide. Examples of food defense projects are: The ALERT Food Defense Awareness Initiative, Food Defense Surveillance Assignments, Food Emergency Response Network (FERN: federal and state laboratories), and SPPA Initiative. Applications that address food defense projects and fulfill the following specific project objectives will be considered for funding. Each application must address only one project. Applicants may apply for more than one project area, but must submit a separate application for each project. If an applicant should receive a fundable score on more than one topic area only the application with the highest score will be awarded. These grants are not to be used to fund or conduct food inspections for food safety regulatory agencies. No more than 10 percent of the total award can be used to conduct food safety/food defense exercises. Food safety agencies may subcontract up to 25 percent of the award to educational institutions for assistance with development of food defense awareness education projects and materials and training. There are three key project areas identified for this effort: 1. Innovative Food Defense Plan Integration One key project area is the development of innovative template food defense plans and associated programs that could be integrated with established food safety programs, including continuous improvement plans for the protection of various food establishments in order to improve food defense effectiveness and efficiency. Innovative food defense programs and methodology projects must demonstrate an effect on factors that contribute to awareness, preparedness, early response, and recovery in all, or a segment of, food industry programs. For example, projects could address key elements from the ALERT Initiative. This initiative details five key points that the food industry can use to decrease the risk of intentional food contamination. The ALERT initiative is derived from the FDA Food Security Guidance documents written for specific segments of the food industry. These proposals should focus on providing efficient and effective food defense awareness communications and/or have an effect on factors that contribute to a potential intentional food contamination. Information relative to the ALERT initiative can be found at *http://www.cfsan.fda.gov/fooddefense* . 2. Education and Awareness Information Dissemination Another key project area is the development of innovative food defense awareness education projects and materials for State and local food safety and food defense regulatory officials that foster consistency and uniform application of State and local food regulations. These education projects and/or materials must be reproducible by other State and local food safety regulatory agencies. These projects may incorporate concurrent education of both State and local food safety and food defense regulatory agencies and the food industry and must be consistent with the ALERT Initiative messages. 3. Innovative Food Defense Training FDA recognizes that there are a number of new technologies and methods for distance learning and training that may be applicable to the food industry and relevant stakeholders in relation to food defense. FDA also recognizes that Federal, state, and local officials should be able to identify, in a general sense, potential risks, in relation to food defense in food industry establishments. They should also be able to encourage food defense awareness in the employees and management of food industry establishments. Innovative food defense training efforts are needed so that all stakeholders will have an increased awareness of the threat of intentional contamination of the U.S. food supply. Relevant stakeholders should also understand their unique responsibilities in reducing the risk of intentional contamination of the food supply. Innovative food defense training must also be consistent with the ALERT initiative messages. II. Award Information Mechanism of Support The U13—Support of Scientific Conferences will be used to support this program. Under the U13 Mechanism, the Project Director/Principal Investigator (PD/PI) retains the primary responsibility and dominant role for planning, directing, and executing the proposed project, with FDA staff being substantially involved as a partner with the PD/PI. III. Eligibility Information A. Eligible Applications This grant program is only available to State, local, and tribal government food regulatory agencies. (See single point of contact
(SPOC)requirements stated in section IV.D of this document). B. Cost Sharing or Matching None. C. Other These grants are available to State, local, and tribal levels and must have national implication or application that can enhance Federal, State, and local food regulatory programs and are likely to impact preparedness, response and/or recovery. At the discretion of FDA, successful project formats will be made available to interested Federal, State, local, and tribal food safety regulatory agencies. Only one grant will be awarded per State per year. States are urged to collaborate between agencies to submit a single application. FDA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(1)The copyright in any work developed under a grant, subgrant or contract under a grant or subgrant and
(2)any rights of copyright to which a grantee, subgrantee, or a contractor purchases ownership with grant support (45 CFR 92.34). IV. Application and Submission A. Application Information In order to apply electronically, the applicant must have a Data Universal Number System number and register in the Central Contractor Registration database. Please note: You must be registered with a username and password obtained from a Credential Provider to apply for opportunities. (See the following Web site: *http://www.grants.gov/applicants/get_registered.jsp* ). 1 1 FDA has verified the non-FDA Web site addresses throughout this document, but we are not responsible for any subsequent changes to the Web sites after this document publishes in the **Federal Register** . If you experience technical difficulties with your online submission you should contact either Marc Pitts, Grants Management Specialist, Office of Acquisitions & Grants Services, Division of Acquisition Support and Grants, Food and Drug Administration, 5630 Fishers Lane, Rockville, MD 20857, 301-827-7162, *Marc.Pitts@fda.hhs.gov* , the Grants.gov Customer Support Center by e-mail at *support@grants.gov* , or the Customer Support Center by telephone at 1-800-518-4726. B. Content and Form of Application Submission FDA is accepting the application for this program electronically by the Internet at: *Grants.gov* . Applicants must apply electronically by visiting the Web site *http://www.grants.gov* and following instructions under “APPLY FOR GRANTS.” The required application PHS 424, which is part of the PHS 5161-1 form, can be completed and submitted online by selecting Step 1: “Download a Grant Application Package” then by entering the funding opportunity number “RFA-FD-08-010”. The “Selected Grant Applications For Download” page will provide you with the Additional Resources download for Adobe Reader and PureEdge Viewer as well as the download to the “Instructions & Application hyperlink. The face page of the application should indicate “Innovative Food Defense Grant Program RFA-FD-08-010.” Information collection requirements requested on SF 424/PHS Form 5161-1 were approved and issued under the Office of Management and Budget Circular A-102. C. Submission Dates and Times The application receipt date for 2008 is July 30, 2008. Applications will be accepted from 8 a.m. to 4:30 p.m. Eastern Time, Monday through Friday, until the established receipt date. Applications must be submitted electronically and must be received by the close of business on the established receipt date. No addendum material will be accepted after the established receipt date. D. Intergovernmental Review Intergovernmental review applicants are limited to one State government agency per State. Applications submitted under this program are subject to the requirements of Executive Order 12372. The regulations issued under Executive Order 12372 also apply to this program and are implemented through the Department of Health and Human Services regulations at 45 CFR part 100. Executive Order 12372 sets up a system for State and local government review of applications for Federal financial assistance. Applicants (other than federally recognized Indian tribal governments) should contact the State's SPOC as early as possible to alert them to the prospective application(s) and to receive any necessary instructions on the State's review process. A current listing of SPOCs is included in the application kit. The SPOC should send any State review process recommendations to the FDA Grants Management Office contact listed in section VI of this document. The due date for the State process recommendations is no later than 60 days after the deadline date for the receipt of applications. FDA does not guarantee availability to accommodate or explain SPOC comments that are received after the 60 day cut-off. A current listing of SPOCs can be found at *http://www.whitehouse.gov/omb/grants/spoc.html* . E. Funding Restrictions Nonallowable costs include, but are not limited to:
(1)Purchase of equipment;
(2)transportation costs exceeding coach class fares;
(3)entertainment;
(4)tips;
(5)bar charges;
(6)personal telephone calls;
(7)laundry charges;
(8)travel or expenses other than local mileage for local participants;
(9)organization dues;
(10)honoraria or other payments for the purpose of conferring distinction or communicating respect, esteem or admiration;
(11)alterations or renovations; and
(12)travel or per diem costs for Federal employees. V. Award Administration Information A. Award Notices/Administrative and National Policy Requirements Support for this program will be in the form of a grant. These grants will be subject to all policies and requirements that govern the project grant programs of FDA, including the provisions of 42 CFR part 52 and 45 CFR parts 74 and 92. These grants are subject to the A-87 cost principles. B. Reporting Requirements A final Program Progress Report and a final Financial Status Report (SF-269) are required within 90 days of the expiration date of the project period as noted on the Notice of Grant Award. In addition, the grantee must file an invention statement and disposition of equipment statement within 90 days after the end date of the project period as noted on the notice of the cooperative agreement award. An original and two copies of each report shall be submitted to FDA's Grants Management Office (see section VI of this document). A Mid-Year Progress Report is also required no later than 90 days after the close of the budget period. The Mid-Year Progress Report should cover 6 months of activity. Program monitoring of recipients will be conducted on an ongoing basis and written reports will be reviewed and evaluated at least semi-annually by the project officer. Project monitoring may also be in the form of telephone conversations between the project officer/grants management specialist and the principal investigator. When multiple years are involved, awardees will be required to submit the PHS Non-Competing Grant Progress Report (PHS 2590) *http://grants.nih.gov/grants/funding/2590/2590.htm* annually and financial statements as required in the Department of Health and Human Services Grants Policy Statement. Reports must be submitted two months prior to the next budget period start date. The Progress Report should include a report of the previous meeting supported by the current grant, as well as a full description of the next planned meeting. VI. Agency Contacts We encourage your inquiries concerning this funding opportunity and welcome the opportunity to answer questions from potential applicants. Inquiries may fall into two areas: Scientific/research and financial or grants management issues: A. Scientific/Research Contacts *Regarding the programmatic issues of this notice* : Jennifer Gabb, Division of Federal-State Relations, Office of Regulatory Affairs (HFC-150), Food and Drug Administration, 5600 Fishers Lane, rm. 12-07, Rockville, MD 20857, 301-827-2899, e-mail: *jennifer.gabb@fda.hhs.gov* , or access the Internet at *http://www.fda.gov/ora/fed_state/default.htm* . *For general Food Defense program information* : Don Kautter, Center for Food Safety and Applied Nutrition (HFS-007), 5100 Paint Branch, rm. 3B019, College Park, MD, 20740, 301-436-1629, e-mail: *donald.kautter@fda.hhs.gov* , or access the Internet at: *http://www.cfsan.fda.gov/~dms/defterr.html* . B. Financial or Grants Management Contacts *Regarding the administrative and financial management issues of this notice* : Marc Pitts, Office of Acquisitions & Grants Services, Grants Acquisition and Assistance Team (HFA-500), Food and Drug Administration, rm. 2104, 5630 Fishers Lane, Rockville, MD 20857; e-mail: *marc.pitts@fda.hhs.gov* . Dated: June 25, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-14876 Filed 6-30-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(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:* Center for Scientific Review Special Emphasis Panel, Review of Applications for RFA: International Research on Venue-Based Interventions for HIV/AIDS and Alcohol Use. *Date:* July 16-18, 2008 *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). *Contact Person:* Jose H. Guerrier, PhD., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1137, *guerriej@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Infectious Diseases Microbiology Fellowships. *Date:* July 17, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Avenue Hotel Chicago, 160 Huron Street, Chicago, Il 60611. *Contact Person:* Alexander D. Politis, PhD., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3210, MSC 7808, Bethesda, MD 20892,
(301)435-1150, *politisa@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review Special Emphasis Panel, Member Conflict: Addictions, Pathways and Prevention. *Date:* July 23-24, 2008. *Time:* 8 a.m. to 6 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). *Contact Person:* Michael Micklin, PhD., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3136, Bethesda, MD 20892,
(301)435-1258, *micklinm@csr.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: June 24, 2008. Anna Snouffer, Acting Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-14837 Filed 6-30-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; 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:* National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Operation of a Facility for the Study of Infectious Agents, Vaccines and Antimicrobials in Adult and Pediatric Human Subjects. *Date:* July 21, 2008. *Time:* 9 a.m. to 12 p.m. *Agenda:* To review and evaluate contract proposals. *Place:* National Institutes of Health, 6700B Rockledge Drive, Bethesda, MD 20817 (Telephone Conference Call). *Contact Person:* Lynn Rust, PhD, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892, 301-402-3938, *lr228v@nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) Dated: June 24, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-14839 Filed 6-30-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2423-08; DHS Docket No. USCIS 2008-0031] RIN 1615-ZA60 Small Business Non-Retaliation Policy AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. SUMMARY: In support of the initiatives of the National Ombudsman of the U.S. Small Business Administration, U.S. Citizenship and Immigration Services (USCIS) announces adoption of a small business non-retaliation policy. If a small business questions or lodges a complaint regarding a USCIS policy or action or seeks help from others to deal with such a policy or action, USCIS will not retaliate against that small business in any fashion. The full policy is established by this notice. DATES: The Acting Director of USCIS approved the small business non-retaliation policy on June 24, 2008. The policy remains in effect until modified or rescinded by the Acting Director. ADDRESSES: You may submit comments about this policy although USCIS is not officially requesting public comments. To ensure that your comments and related materials are not entered more than once in the docket, please submit them by only one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2008-0031 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions. • *Hand Delivery/Courier:* Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. Contact Telephone Number
(202)272-8377. FOR FURTHER INFORMATION CONTACT: Christine Gooding, Customer Assistance Office, U.S. Citizenship and Immigration Services, 111 Massachusetts Ave., NW., 6th Floor, Washington, DC 20539; Phone: 1-800-357-2099 SUPPLEMENTARY INFORMATION: The National Ombudsman of the U.S. Small Business Administration
(SBA)has asked each Federal agency to adopt a policy that the agency will not retaliate against small businesses that question or complain about the way the agency does business. On June 24, 2008, the Acting Director of U.S. Citizenship and Immigration Services (USCIS) approved the following statement of USCIS policy: If a small business questions or complains about a U.S. Citizenship and Immigration Services policy or action or seeks help from others to deal with a USCIS policy or action, USCIS will not retaliate against that small business in any way. If a small business thinks that USCIS has not followed this policy, the agency will investigate, take appropriate action, and ensure that mistakes are not repeated. Small businesses may comment, ask questions, or file a complaint about USCIS policies or actions by contacting the USCIS Customer Assistance Office, local USCIS offices, or the Small Business Administration's Office of the National Ombudsman at 1-888-REG-FAIR (734-3247), fax 202-481-5719; e-mail *ombudsman@sba.gov.* Small businesses generally are independently owned and operated and are not dominant in their fields. If you need help determining whether or not your business qualifies as a “small business,” contact the SBA's Office of the National Ombudsman using the information as noted above. Dated: June 24, 2008. Jonathan R. Scharfen, Acting Director, U.S. Citizenship and Immigration Services. [FR Doc. E8-14843 Filed 6-30-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R6-ES-2008-N0159; 60120-1113-0000-D2] Endangered and Threatened Wildlife and Plants; Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permits. SUMMARY: We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species. DATES: Written comments on this request for a permit must be received by July 31, 2008. ADDRESSES: Written data or comments should be submitted to the Assistant Regional Director, Fisheries—Ecological Services, U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225-0486; facsimile 303-236-0027. Before including your address, phone number, e-mail address, or other personal indentifying 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. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act [5 U.S.C. 552A] and Freedom of Information Act [5 U.S.C. 552], by any party who submits a request for a copy of such documents within 30 days of the date of publication of this notice to Kris Olsen, by mail or by telephone at 303-236-4256. All comments received from individuals become part of the official public record. SUPPLEMENTARY INFORMATION: The following applicants have requested issuance of enhancement of survival permits to conduct certain activities with endangered species pursuant to Section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Applicant—Eric Zach, Nebraska Department of Roads, Lincoln, Nebraska, TE-186282. The applicant requests a permit to take American burying beetle ( *Nicrophorus americanus* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. Applicant—William Busby, University of Kansas, Kansas Biological Survey, Lawrence, Kansas, TE-186231. The applicant requests a permit to take American burying beetle ( *Nicrophorus americanus* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. Applicant—Chadwin Smith, Headwaters Corporation, Kearney, Nebraska, TE-183430. The applicant requests a permit to take interior least tern ( *Sterna antillarum athalassos* ) and piping plover ( *Charadrius melodus* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing their survival and recovery. Applicant—Randy Wisthoff, Kansas City Zoo, Kansas City, Missouri, TE-183432. The applicant requests a permit to take Wyoming toad ( *Bufo baxteri* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. Applicant—Paul Wolf, Utah State University, Logan, Utah, TE-057399. The applicant requests a renewed permit to take *Primula maguirei* (Maguire primrose) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. Applicant—Mike Phillips, Turner Endangered Species Fund, Cimarron, New Mexico, TE-051139. The applicant requests a permit amendment to add reintroduction of black-footed ferrets ( *Mustela nigripes* ) to their permit in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. Applicant—U.S. Fish and Wildlife Service, Bozeman Fish Technology Center, Bozeman, Montana, TE-038970. The applicant requests a permit amendment to add take of bonytail ( *Gila elegans* ) and woundfin ( *Plagopterus argentissimus* ) to their permit in conjunction with recovery activities throughout the species' range for the purpose of enhancing their survival and recovery. Applicant—John Sowell, Western State College of Colorado, Gunnison, Colorado, TE-186566. The applicant requests a permit to take Uncompahgre fritillary butterfly ( *Boloria acrocnema* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. Dated: June 18, 2008. Sharon R. Rose, Acting Regional Director, Denver, Colorado. [FR Doc. E8-14852 Filed 6-30-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R9-MB-2008-N00171] Meeting Announcement: North American Wetlands Conservation Council AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of meeting. SUMMARY: The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). This meeting is open to the public, and interested persons may present oral or written statements. DATES: *Council Meeting:* July 8, 2008, 1-3 p.m. ADDRESSES: The meeting will be held at the Rodd Brudenell Facility, 86 Dewars Lane, P.O. Box 67, Georgetown Royalty, PE, Canada C0A 1G0. The meeting is coordinated by the Council Coordinator, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Mail Stop: MBSP 4501-4075, Arlington, VA. 22203. FOR FURTHER INFORMATION CONTACT: Mike Johnson, Council Coordinator,
(703)358-1784 or *dbhc@fws.gov* . SUPPLEMENTARY INFORMATION: In accordance with NAWCA (Pub. L. 101-233, 103 Stat. 1968, December 13, 1989, as amended), the State-private-Federal Council meets to consider wetland acquisition, restoration, enhancement, and management projects for recommendation to, and final funding approval by, the Commission. Proposal due dates, application instructions, and eligibility requirements are available on the NAWCA Web site at *http://birdhabitat.fws.gov* . Proposals require a minimum of 50 percent non-Federal matching funds. The Council will consider U.S. Standard grant proposals at the July meeting. The tentative date for the Commission meeting is September 10, 2008. Dated: June 16, 2008. Paul Schmidt, Assistant Director—Migratory Birds. [FR Doc. E8-14849 Filed 6-30-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-8489; AK-965-1410-KC-P] Alaska Native Claims Selection AGENCY: Bureau of Land Management, Interior. ACTION: Notice of decision adjusting entitlement. SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision adjusting the entitlement granted to the Native village of Chickaloon by Section 12(a) of the Alaska Native Claims Settlement Act will be issued to Chickaloon Moose Creek Native Association, Inc. The adjustment is made pursuant to Sec. 12(a)(3) of the Act of January 2, 1976, and Section 4(a) of the Act of October 4, 1976. The adjusted entitlement is as follows: Statutory entitlement Adjusted entitlement 69,120 acres 64,905 acres. The decision to be issued vacates and replaces the decision issued to Chickaloon Moose Creek Native Association, Inc., on August 21, 1986. Notice of that decision was published in the **Federal Register** on the same day, 51 FR 29967, 29968. 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 31, 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. Ramona Chinn, Acting State Director. [FR Doc. E8-14713 Filed 6-30-08; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-6696-E, AA-6696-A2; AK-964-1410-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 St. George Tanaq Corporation. The lands are in the vicinity of Unalaska Island, Alaska, and are located in: Seward Meridian, Alaska T. 53 S., R. 81 W., Secs. 2, 3, and 4; Secs. 9, 10, 15, and 16. Containing 4,480 acres. T. 77 S., R. 122 W., Secs. 2, 4, 5, and 11. Containing 2,099.84 acres. T. 78 S., R. 124 W., Secs. 5 to 8, inclusive; Sec. 10; Secs. 15 to 22 inclusive; Sec. 29. Containing 6,385.33 acres. T. 80 S., R. 130 W., Sec. 5. Containing approximately 640 acres. T. 80 S., R. 131 W., Sec. 3; Secs. 4, 9, 10, and 11; Secs. 14, 15, and 16; Secs. 21, 22, and 23; Secs. 27, 28, 29, and 32; Sec. 33. Containing approximately 7,100 acres. T. 81 S., R. 132 W., Secs. 4 and 5; Sec. 6. Containing approximately 775 acres. Aggregating approximately 21,480 acres. The subsurface estate in these lands will be conveyed to The Aleut Corporation when the surface estate is conveyed to St. George Tanaq Corporation. Notice of the decision will also be published four times in the Anchorage Daily News. 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 31, 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. Hillary Woods, Land Law Examiner, Land Transfer Adjudication I. [FR Doc. E8-14851 Filed 6-30-08; 8:45 am] BILLING CODE 4310-JA-P DEPARTMENT OF THE INTERIOR Minerals Management Service [Docket No. MMS-2007-OMM-0075] MMS Information Collection Activity: 1010-0068—30 CFR Part 250, Subpart M, Unitization, Extension of a Collection; Submitted for Office of Management and Budget
(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of extension of an information collection (1010-0068). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request
(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR 250, Subpart M, Unitization. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. DATE: Submit written comments by July 31, 2008. ADDRESSES: You should submit comments directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (1010-0141), either by fax
(202)395-6566 or e-mail ( *OIRA_DOCKET@omb.eop.gov* ). Please also send a copy to MMS by either of the following methods: • *http://www.regulations.gov.* Under the tab “More Search Options,” click Advanced Docket Search, then select “Minerals Management Service” from the agency drop-down menu, then click “submit.” In the Docket ID column, select MMS-2007-OMM-0075 to submit public comments and to view supporting and related materials available for this rulemaking. Information on using *Regulations.gov,* including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. The MMS will post all comments. • Mail or hand-carry comments to the Department of the Interior; Minerals Management Service; Attention: Cheryl Blundon; 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference “Information Collection 1010-0068” in your subject line and mark your message for return receipt. Include your name and return address in your message text. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and Standards Branch,
(703)787-1607. You may also contact Cheryl Blundon to obtain a copy, at no cost, of the regulations that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR 250, Subpart M, Unitization. *OMB Control Number:* 1010-0068. *Abstract:* The Outer Continental Shelf
(OCS)Lands Act, as amended (43 U.S.C. 1331 *et seq.* and 43 U.S.C. 1801 *et seq.* ), authorizes the Secretary of the Interior (Secretary) to prescribe rules and regulations to administer leasing of the OCS. Such rules and regulations will apply to all operations conducted under a lease. Operations on the OCS must preserve, protect, and develop oil and natural gas resources in a manner that is consistent with the need to make such resources available to meet the Nation's energy needs as rapidly as possible; to balance orderly energy resource development with protection of human, marine, and coastal environments; to ensure the public a fair and equitable return on the resources of the OCS; and to preserve and maintain free enterprise competition. Section 1334(a) specifies that the Secretary “provide for the prevention of waste and conservation of the natural resources of the [O]uter Continental Shelf, and the protection of correlative rights therein” and include provisions for “unitization, pooling, and drilling agreements.” Regulations implementing these responsibilities are under 30 CFR Part 250, Subpart M, Unitization. Responses are mandatory and generally on occasion or they are required to obtain or retain a benefit. No questions of a “sensitive” nature are asked. The MMS protects information considered proprietary according to the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 2), and 30 CFR 250.197, “Data and information to be made available to the public or for limited inspection,” and 30 CFR Part 252, “OCS Oil and Gas Information Program.” The MMS Regional Supervisor must approve any lessee's proposal to enter an agreement to unitize operations under two or more leases. We must also approve modification of a unit agreement when changes in circumstances warrant. We encourage unitization of operations on OCS leases where unitized operations will further exploration of prospective geological structures; increase the ultimate recovery of oil and gas or sulphur reserves; lead to more efficient operation of leases and reservoirs; and/or is necessary to protect correlative rights. Unitization can be particularly beneficial in high-cost, high-risk OCS areas. Lessees submit consolidated Exploration Plans and Development and Production Plans for a unit area. We use the information to ensure that operations under the proposed unit agreement will result in preventing waste, conserving natural resources, and protecting correlative rights including the government's interests. We need to review all pertinent data before determining competitiveness of a reservoir or deciding that compelling unitization will achieve the desired results. *Frequency:* On occasion. *Estimated Number and Description of Respondents:* Approximately 130 respondents (Federal oil and gas OCS lessees). *Estimated Reporting and Recordkeeping “Hour” Burden:* The estimated annual “hour” burden for this information collection is a total of 4,913 hours. The following chart details the individual components and estimated hour burdens. In calculating the burdens, we assumed that respondents perform certain requirements in the normal course of their activities. We consider these to be usual and customary and took that into account in estimating the burden. Citation 30 CFR 250 Subpart M Reporting requirement Hour burden Average number annual responses Annual burden hours Non-hour cost burdens Requests 1301(d), (f)(3), (g)(1), (g)(2)(ii) Request suspension of production or operations Burden covered in 1010-0114. 0 1302(b) Request preliminary determination on competitive reservoir 39 1 request 39 1304(b) Request compulsory unitization, including submitting unit agreement, unit operating agreement, initial plan of operation, and supporting data; serving non-consenting lessees with documents 161 1 request 161 1304(d) Request hearing on required unitization 1 1 request 1 Subtotal 3 responses 201 Submittals 1302(b) Submit concurrence or objection on competitiveness with supporting evidence 39 1 request 39 1302(c),
(d)Submit joint plan of operations, supplemental plans, or a separate plan if agreement cannot be reached 39 1 plan 39 1303; 1304 *Submit revisions or modifications to unit agreement, unit operating agreement, plan of operation, change of unit operator, etc 8 54 revs/mods 432 $760 fees × 54 revisions/modifications = $41,040. 1303; 1304 *Submit initial, and revisions to, participating area 48 24 submissions 1,152 1304(e) Submit statement at hearing on compulsory unitization 5 1 statement 5 1304(e) Pay for and submit three copies of verbatim transcript of hearing 1 1 submission 1 Court reporter and 3 transcript copies for 1 hearing = $500. Subtotal 82 responses 1,668 $41,540 non-hour cost burdens General 1301 General description of requirements Burden included in the following sections. 0 1303 Apply for voluntary unitization, including submitting unit agreement, unit operating agreement, initial plan of operation, and supporting data; request for variance from model agreement and other related requirements 169 18 apps/plans 3,042 $10,700 fee × 18 applications/plans = $192,600. Due to ongoing litigation in the Pacific Region, respondents did not submit burden data. 1304(f) Appeal final order of compulsory unitization Exempt as defined in 5 CFR 1320.4(a)(2), (c). 0 1300-1304 General departure and alternative compliance requests not specifically covered elsewhere in subpart M regulations 1 2 requests 2 Subtotal 20 responses 3,044 $192,600 non-hour cost burden Total Burden 105 responses 4,913 $234,140 Non-Hour Cost Burdens *Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden:* There are three non-hour costs associated with this information collection. The estimated non-hour cost burden is $234,140. Section 250.1303 has two fees requiring respondents to pay a filing fee when applying for a voluntary unitization proposal or unit expansion, and a fee for unitization revision. The filing fees are required to recover the Federal Government's processing costs. Section 250.1304(d) provides an opportunity for parties notified of compulsory unitization to request a hearing; therefore, section 250.1304(e) requires the party seeking the compulsory unitization to pay for the court reporter and copies of the verbatim transcript of the hearing. It should be noted there have been no such hearings in the recent past, and none are expected in the near future. We estimate that the burden would be less than $500 to reproduce the copies and hire the reporter. We have not identified any other “non-hour cost” burdens associated with this collection of information. *Public Disclosure Statement:* The PRA (44 U.S.C. 3501, *et seq.* ) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. *Comments:* Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, *et seq.* ) requires each agency “ * * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *” Agencies must specifically solicit comments to:
(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)enhance the quality, usefulness, and clarity of the information to be collected; and
(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. To comply with the public consultation process, on December 26, 2007, we published a **Federal Register** notice (72 FR 73041) announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. In addition, § 250.199 provides the OMB control number for the information collection requirements imposed by the 30 CFR 250 regulations. The regulation also informs the public that they may comment at any time on the collections of information and provides the address to which they should send comments. We received one comment in response to these efforts from a private citizen, B. Sachau, and the comment was not germane to the paperwork burden of this collection. If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. The OMB has up to 60 days to approve or disapprove the information collection but may respond after 30 days. Therefore, to ensure maximum consideration, OMB should receive public comments by July 31, 2008. *Public Availability of Comments:* Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. *MMS Information Collection Clearance Officer:* Arlene Bajusz
(202)208-7744. April 23, 2008. E.P. Danenberger, Chief, Office of Offshore Regulatory Programs. [FR Doc. E8-14892 Filed 6-30-08; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service [Docket No. MMS-2008-OMM-0007] MMS Information Collection Activity: 1010-0141, 30 CFR Part 250, Subpart D, Oil and Gas Drilling Operations, Extension of a Collection; Submitted for Office of Management and Budget
(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of extension of an information collection (1010-0141). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request
(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR Part 250, Subpart D, Oil and Gas Drilling Operations. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. ADDRESSES: You should submit comments directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (1010-0141), either by fax
(202)395-6566 or e-mail ( *OIRA_DOCKET@omb.eop.gov* ). Please also send a copy to MMS by either of the following methods: • *http://www.regulations.gov.* Under the tab “More Search Options,” click Advanced Docket Search, then select “Minerals Management Service” from the agency drop-down menu, then click “submit.” In the Docket ID column, select MMS-2008-OMM-0007 to submit public comments and to view supporting and related materials available for this rulemaking. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. The MMS will post all comments. • Mail or hand-carry comments to the Department of the Interior, Minerals Management Service; Attention: Cheryl Blundon, 381 Elden Street, MS-4024, Herndon, Virginia 20170-4817. Please reference “Information Collection 1010-0141” in your subject line and mark your message for return receipt. Include your name and return address in your message text. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and Standards Branch,
(703)787-1607. You may also contact Cheryl Blundon to obtain a copy, at no cost, of the regulations and forms that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR Part 250, Subpart D, Oil and Gas Drilling Operations. *Forms:* MMS-123, MMS-123S, MMS-124, MMS-125, MMS-133, and MMS-133S. *OMB Control Number:* 1010-0141. *Abstract:* The Outer Continental Shelf
(OCS)Lands Act, as amended (43 U.S.C. 1331 *et seq.* and 43 U.S.C. 1801 *et seq.* ), authorizes the Secretary of the Interior to prescribe rules and regulations to administer leasing of the OCS. Such rules and regulations will apply to all operations conducted under a lease. Operations on the OCS must preserve, protect, and develop oil and natural gas resources in a manner that is consistent with the need to make such resources available to meet the Nation's energy needs as rapidly as possible; to balance orderly energy resource development with protection of human, marine, and coastal environments; to ensure the public a fair and equitable return on the resources of the OCS; and to preserve and maintain free enterprise competition. Section 1332(6) states that “operations in the Outer Continental Shelf should be conducted in a safe manner by well-trained personnel using technology, precautions, and other techniques sufficient to prevent or minimize the likelihood of blowouts, loss of well control, fires, spillages, physical obstructions to other users of the waters or subsoil and seabed, or other occurrences which may cause damage to the environment or to property or endanger life or health.” Regulations implementing these responsibilities are under 30 CFR part 250, subpart D. Responses are mandatory or are required to obtain or retain a benefit. No questions of a “sensitive” nature are asked. The MMS will protect proprietary information according to 30 CFR 250.197, “Data and information to be made available to the public or for limited inspection,” 30 CFR part 252, “OCS Oil and Gas Information Program,” and the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2). The MMS needs the information to ensure safe drilling operations and to protect the human, marine, and coastal environment. Among other things, MMS specifically uses the information to ensure: The drilling unit is fit for the intended purpose; the lessee or operator will not encounter geologic conditions that present a hazard to operations; equipment is maintained in a state of readiness and meets safety standards; each drilling crew is properly trained and able to promptly perform well-control activities at any time during well operations; compliance with safety standards; and the current regulations will provide for safe and proper field or reservoir development, resource evaluation, conservation, protection of correlative rights, safety, and environmental protection. We also review well records to ascertain whether drilling operations have encountered hydrocarbons or H <sup>2</sup> S and to ensure that H <sup>2</sup> S detection equipment, personnel protective equipment, and training of the crew are adequate for safe operations in zones known to contain H <sup>2</sup> S and zones where the presence of H <sup>2</sup> S is unknown. The following forms are also submitted to MMS under subpart D. The forms and their purposes are: Application for Permit To Drill, Forms MMS-123 and MMS-123S The MMS uses the information from these forms to determine the conditions of a drilling site to avoid hazards inherent in drilling operations. Specifically, the appropriate MMS District Office uses the information to evaluate the adequacy of a lessee's plan and equipment for drilling, sidetracking or bypass operations. This includes the adequacy of the proposed casing design, casing setting depths, drilling fluid (mud), and cementing programs to ascertain that the proposed operations will be conducted in an operationally safe manner that provides adequate protection for the environment. The District Office also reviews the information to ensure conformance with specific provisions of the lease. In addition, except for proprietary data, MMS is required by the OCS Lands Act to make available to the public certain information submitted on forms MMS-123 and MMS-123S. Application for Permit To Modify, Form MMS-124 The MMS uses the information on this form to evaluate and approve the adequacy of the equipment, materials, and/or procedures that the lessee plans to use during such post APD modifications or operations as plugging back or temporary abandonment where the well bore will be reentered and completed or permanently plugged. In addition, except for proprietary data, MMS is required by the OCS Lands Act to make available to the public certain information submitted on form MMS-124. End of Operations Report, Form MMS-125 The MMS uses this information to ensure that they have accurate and up-to-date data and information on wells and leasehold activities under their jurisdiction and to ensure compliance with approved plans and any conditions placed upon a suspension or temporary prohibition. It is also used to evaluate the remedial action in the event of well equipment failure or well control loss. Form MMS-125 is updated and resubmitted in the event the well status changes. The information keeps MMS aware of the status of drilling and completion operations. In addition, except for proprietary data, MMS is required by the OCS Lands Act to make available to the public certain information submitted on form MMS-125. Well Activity Report, Forms MMS-133 and MMS-133S The MMS uses this information to monitor the conditions of a well and status of drilling operations. Specifically, the drilling engineer in the District Office reviews the information to be aware of the well conditions and current drilling activity (i.e., well depth, drilling fluid weight, casing types and setting depths, completed well logs, and recent safety equipment tests and drills). The engineer uses this information to determine how accurately the lessee anticipated well conditions and if the lessee is following the approved Application for Permit to Drill (form MMS-123). The MMS engineer and District Supervisor also use the information in their review of an Application for Permit to Modify (form MMS-124). With the information collected on form MMS-133 available, the reviewers can analyze the proposed revisions (i.e., revised grade of casing or deeper casing setting depth) and make a quick and informed decision on the request. In addition, except for proprietary data, MMS is required by the OCS Lands Act to make available to the public certain information submitted on forms MMS-133 and MMS-133S. *Frequency:* Submissions are generally on occasion, weekly, monthly, semi-annually, annually, and varies by section. *Estimated Number and Description of Respondents:* Approximately 130 respondents (Federal oil and gas OCS lessees). *Estimated Reporting and Recordkeeping “Hour” Burden:* The estimated annual “hour” burden for this information collection is a total of 146,827 hours. The following chart details the individual components and estimated hour burdens. In calculating the burdens, we assumed that respondents perform certain requirements in the normal course of their activities. We consider these to be usual and customary and took that into account in estimating the burden. BILLING CODE 4310-MR-P EN01JY08.073 EN01JY08.074 EN01JY08.075 EN01JY08.076 EN01JY08.077 BILLING CODE 4310-MR-C *Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden:* We have identified two non-hour cost burdens for this collection. When respondents submit an Application for Permit to Drill (Form MMS-123), they submit a $1,850 fee for initial applications only (there is no fee for revisions); and when respondents submit an Application for Permit to Modify (Form MMS-124), they submit a $110 fee. These two fees total $1,789,340. Refer to the chart to see these specific fee breakdowns. We have not identified any other non-hour cost burdens associated with this collection of information. *Public Disclosure Statement:* The PRA (44 U.S.C. 3501, *et seq.* ) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. *Comments:* Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, *et seq.* ) requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *”. Agencies must specifically solicit comments to:
(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)enhance the quality, usefulness, and clarity of the information to be collected; and
(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. To comply with the public consultation process, on January 28, 2008, we published a **Federal Register** notice (73 FR 4911) announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. In addition, § 250.199 provides the OMB control number for the information collection requirements imposed by the 30 CFR part 250 regulations and forms. The regulation also informs the public that they may comment at any time on the collections of information and provides the address to which they should send comments. We have received no comments in response to these efforts. If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. The OMB has up to 60 days to approve or disapprove the information collection but may respond after 30 days. Therefore, to ensure maximum consideration, OMB should receive public comments by July 31, 2008. *Public Availability of Comments:* Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. *MMS Information Collection Clearance Officer:* Arlene Bajusz
(202)208-7744. Dated: May 13, 2008. E.P. Danenberger, Chief, Office of Offshore Regulatory Programs. [FR Doc. E8-14893 Filed 6-30-08; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service [Docket No. MMS-2008-MRM-0008] Agency Information Collection Activities: Submitted for Office of Management and Budget
(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of an extension of a currently approved information collection (OMB Control Number 1010-0122). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to the Office of Management and Budget
(OMB)an information collection request
(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR part 243. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. We changed the title of this ICR to clarify the regulatory language we are covering under 30 CFR part 243. The previous title of this ICR was “30 CFR 243—Suspensions Pending Appeal and Bonding—Minerals Revenue Management (Forms MMS-4435, Administrative Appeal Bond; MMS-4436, Letter of Credit; and MMS-4437, Assignment of Certificate of Deposit).” The new title of this ICR is “30 CFR Part 243—Suspensions Pending Appeal and Bonding—Minerals Revenue Management.” DATES: Submit written comments on or before *July 31, 2008* . ADDRESSES: Submit written comments by either FAX
(202)395-6566 or e-mail ( *OIRA_Docket@omb.eop.gov* ) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (OMB Control Number 1010-0122). Please submit copies of your comments to MMS by the following methods: • Electronically go to *http://www.regulations.gov.* In the “Comment or Submission” column, enter “MMS-2008-MRM-0008” to view supporting and related materials for this ICR. Click on “Send a comment or submission” link to submit public comments. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. All comments submitted will be posted to the docket. • Mail comments to Armand Southall, Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225. Please reference ICR 1010-0122 in your comments. • Hand-carry comments or use an overnight courier service. Our courier address is Building 85, Room A-614, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. Please reference ICR 1010-0122 in your comments. FOR FURTHER INFORMATION CONTACT: Armand Southall, telephone
(303)231-3221, or e-mail *armand.southall@mms.gov.* You may also contact Armand Southall to obtain copies, at no cost, of
(1)the ICR,
(2)any associated forms, and
(3)the regulations that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR Part 243-Suspensions Pending Appeal and Bonding—Minerals Revenue Management. *OMB Control Number:* 1010-0122. *Bureau Form Number:* Forms MMS-4435, MMS-4436, and MMS-4437. *Abstract:* The Secretary of the United States Department of the Interior (Secretary) is responsible for matters relevant to mineral resource development on Federal and Indian lands and the Outer Continental Shelf (OCS). The Secretary, under the Mineral Leasing Act of 1920 (30 U.S.C. 1923), Indian Mineral Development Act of 1982 (Pub. L. 97-382—Dec. 22, 1982), and the Outer Continental Shelf Lands Act (43 U.S.C. 1353), is responsible for managing the production of minerals from Federal and Indian lands and the OCS, collecting royalties and other mineral revenues from lessees who produce minerals, and distributing the funds collected in accordance with applicable laws. The Secretary also has a trust responsibility to manage Indian lands and seek advice and information from Indian beneficiaries. The MMS performs the mineral revenue management functions for the Secretary and assists the Secretary in carrying out the Department's trust responsibility for Indian lands. Public laws pertaining to mineral revenues are on our Web site at *http://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm* . Regulations at 30 CFR 243 govern the suspension of orders or decisions pending administrative appeal for Federal and Indian leases. These regulations require the submission of information demonstrating financial solvency by the person who represents the appellant, requesting a suspension without the need to provide a surety. For Federal leases, the RSFA Section 4(l), “Stay of Payment Obligation Pending Review,” requires MMS to evaluate any person, ordered by the Secretary or a delegated state to pay any obligation (other than an assessment) subject to RSFA, to determine whether that person is entitled to a stay of the order without bond or other surety instrument, pending an administrative or judicial proceeding, based on the financial solvency of that person. For those appellants who are not financially solvent or for appeals involving Indian leases, MMS requires that a surety instrument be posted to secure the financial interest of the public and Indian lessors during the entire administrative or judicial appeal process. This information collection request covers the burden hours associated with appellants submitting financial statements or surety instruments, subject to annual audit, required to stay an MMS order. Minerals produced from Federal and Indian leases vary greatly in the nature of occurrence, production, and processing methods. When a company or an individual enters into a lease to explore, develop, produce, and dispose of minerals from Federal or Indian lands, that company or individual agrees to pay the lessor a share in an amount or value of production from the leased lands. The lessee is required to report various kinds of information to the lessor relative to the disposition of the leased minerals. Such information is generally available within the records of the lessee or others involved in developing, transporting, processing, purchasing, or selling such minerals. The information collected includes data necessary to ensure that the royalties are accurately valued and appropriately paid. Proprietary information submitted to MMS under this collection is protected, and no items of a sensitive nature are collected. A response is voluntary and required to obtain the benefit of suspending compliance of an order pending appeal. Stay of Payment Pending Appeal Title 30 CFR 243.1 states that lessees or recipients of MMS Minerals Revenue Management
(MRM)orders may suspend compliance with an order if they appeal in accordance with 30 CFR Part 290, Subpart B—Minerals Revenue Management Appeal Procedures. Pending appeal, MMS suspends the payment requirement if the appellant submits a formal agreement of payment in case of default, such as a bond or other surety, or demonstrates financial solvency. The MMS accepts the following surety types: Form MMS-4435, Administrative Appeal Bond; Form MMS-4436, Letter of Credit; Form MMS-4437, Assignment of Certificate of Deposit; Self-bonding; and U.S. Treasury Securities. When one of the surety types is selected and put in place, appellants must maintain the surety until completion of the appeal. If the appeal is decided in favor of the appellant, MMS returns the surety to the appellant. If the appeal is decided in favor of MMS, then MMS will take action to collect full royalty payment or draw down on the surety. The MMS draws down on a surety if the appellant fails to comply with requirements relating to amount due, timeframe, or surety submission or resubmission. Whenever MMS must draw down on a surety, MMS must draw down the total amount due, which is defined as unpaid principal plus the interest accrued to the projected receipt date of the surety payment. Appellants may refer to the Surety Instrument Posting Instructions for each of the five surety types to submit the respective information. These instructions for the five surety types discussed below can also be found at *http://www.mrm.mms.gov/ReportingServices/PDFDocs/SuretyInst.pdf.* Forms and Other Surety Types Form MMS-4435, Administrative Appeal Bond Appellants may file Form MMS-4435, Administrative Appeal Bond, which MMS uses to secure the financial interests of the public and Indian lessors during the entire administrative and judicial appeal process. Under 30 CFR 243.4, appellants are required to submit their contact and surety amount information on the bond to obtain the benefit of suspension of an obligation to comply with an order. The bond must be issued by a qualified surety company that is approved by the Department of the Treasury (see Department of the Treasury Circular No. 570, revised periodically in the **Federal Register** ). The Associate Director for MRM (Associate Director) or the MRM-delegated bond-approving officer (officer) maintains these bonds in a secure facility. Once the appeal has concluded, MMS may release and return the bond to the appellant or collect royalty payment on the bond. If collection is necessary for a remaining royalty payment balance, MMS will issue a demand for payment to the surety company with a notice to the appellant. The MMS will also include all interest accrued on the affected bill. Form MMS-4436, Letter of Credit Appellants may choose to file Form MMS-4436, Letter of Credit, with no modifications. Requirements of 30 CFR 243.4 continue to apply. The Associate Director or officer maintains the Letter of Credit
(LOC)in a secure facility. A bank must notarize and issue the LOC for appellants in which the bank has a minimum Fitch rating of “C” for an LOC of less than $1 million, “B/C” for an LOC between $1 million and $10 million, or “B” for an LOC over $10 million. The LOC must have a minimum coverage period of 1 year and be automatically renewable for up to 5 years. The appellant is responsible for verifying that the bank provides a current rating to MMS. If the issuing bank's rating falls below the minimum acceptable level, a satisfactory replacement surety must be submitted within 14 days, or MMS will draw down the existing LOC. If the bank issuing the LOC chooses not to renew the existing LOC, it must provide MMS with a notice of its decision not to renew 30 days prior to expiration of the LOC. Once the appeal has been concluded, MMS may release and return the LOC to the appellant or collect royalty payment on the LOC. If collection is necessary for a remaining royalty payment balance, MMS will issue a demand for payment, which includes all interest assessed on the affected bill, to the bank with a notice to the appellant. Form MMS-4437, Assignment of Certificate of Deposit Appellants may choose to secure their debts by requesting to use a Certificate of Deposit
(CD)from their bank and submitting Form MMS-4437, Assignment of Certificate of Deposit. Requirements of 30 CFR 243.4 continue to apply. Appellants must file the request with MMS prior to the invoice due date. The MMS will accept a book-entry CD that explicitly assigns the CD to the Associate Director. A bank must issue the CD in which the bank has a minimum Fitch rating or is confirmed by a bank with an acceptable rating. The acceptable ratings for a CD are the same as for an LOC. If collection of the CD is necessary for a royalty payment balance, MMS will return unused CD funds to the appellant after total settlement of the appealed issues, including applicable interest charges. Self-Bonding For Federal oil and gas leases, RSFA Section 4(l), as promulgated at 30 CFR 243.201, provides that no surety instrument is required when a person representing the appellant periodically demonstrates, to the satisfaction of MMS, that guarantor or appellant is financially solvent or otherwise able to pay the obligation. Appellants must submit a written request to “self-bond” every time a new appeal is filed. To evaluate the financial solvency and exemption from requirements of appellants to maintain a surety related to an appeal, MMS requires appellants to submit a consolidated balance sheet, subject to annual audit. In some cases, MMS also requires copies of the most recent tax returns—up to 3 years—filed by appellants. In addition, appellants must annually submit financial statements, subject to annual audit, to support their net worth. The MMS uses the consolidated balance sheet or business information supplied to evaluate the financial solvency of a lessee, designee, or payor seeking a stay of payment obligation pending review. If appellants do not have a consolidated balance sheet documenting their net worth, or if they do not meet the $300 million net worth requirement, MMS selects a business information or credit reporting service to provide information concerning an appellant's financial solvency. We charge the appellant a $50 fee each time we need to review data from a business information or credit reporting service. The fee covers our costs in determining an appellant's financial solvency. U.S. Treasury Securities Appellants may choose to secure their debts by requesting to use a U.S. Treasury Security (TS). Appellants must file the letter of request with MMS prior to the invoice due date. The TS must be a U.S. Treasury note or bond with maturity equal to or greater than 1 year. The TS must equal 120 percent of the appealed amount plus 1 year of estimated interest (necessary to protect MMS against interest rate fluctuations). The MMS accepts only a book-entry TS. Request to OMB The MMS is requesting OMB's approval to continue to collect this information. Not collecting this information would limit the Secretary's ability to discharge his/her duties and may also result in loss of royalty payments. *Frequency:* Annually and on occasion. *Estimated Number and Description of Respondents:* 140 Federal/Indian appellants. *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 140 hours. The following chart shows the estimated annual burden hours by CFR section and paragraph. We have not included in our estimates certain requirements performed in the normal course of business and considered usual and customary. Respondents' Estimated Annual Burden Hours Citation 30 CFR 243 Reporting and recordkeeping requirement Hour burden Average number of annual responses Annual burden hours Subpart A—General Provisions 243.4(a)(1) How do I suspend compliance with an order?
(a)If you timely appeal an order, and if that order or portion of that order:
(1)Requires you to make a payment, and you want to suspend compliance with that order, you must post a bond or other surety instrument or demonstrate financial solvency * * * 1 hour 75 surety instruments (including Forms MMS-4435, MMS-4436, and MMS-4437, or TS). 75 243.6 When must I or another person meet the bonding or financial solvency requirements under this part? If you must meet the bonding or financial solvency requirements under § 243.4(a)(1), or if another person is meeting your bonding or financial solvency requirements, then either you or the other person must post a bond or other surety instrument or demonstrate financial solvency within 60 days after you receive the order or the Notice of Order. Burden hours covered under § 243.4(a)(1). 243.7(a) What must a person do when posting a bond or other surety instrument or demonstrating financial solvency on behalf of an appellant? If you assume an appellant's responsibility to post a bond or other surety instrument or demonstrate financial solvency * * *
(a)Must notify MMS in writing * * * that you are assuming the appellant's responsibility * * *. Burden hours covered under § 243.4(a)(1). 243.8(a)(2) and (b)(2) When will MMS suspend my obligation to comply with an order?
(a)*Federal leases.* * * *
(2)If the amount under appeal is $10,000 or more, MMS will suspend your obligation to comply with that order if you:
(i)Submit an MMS-specified surety instrument under subpart B of this part within a time period MMS prescribes; or
(ii)Demonstrate financial solvency under subpart C.
(b)*Indian leases.* * * *
(2)If the amount under appeal is $1,000 or more, MMS will suspend your obligation to comply with that order if you submit an MMS-specified surety instrument under subpart B of this part within a time period MMS prescribes. Burden hours covered under § 243.4(a)(1). Subpart B—Bonding Requirements 243.101(b) How will MMS determine the amount of my bond or other surety instrument? * * *
(b)If your appeal is not decided within 1 year from the filing date, you must increase the surety amount to cover additional estimated interest for another 1-year period. You must continue to do this annually * * *. Burden hours covered under § 243.4(a)(1). Subpart C—Financial Solvency Requirements 243.200(a) and
(b)How do I demonstrate financial solvency?
(a)To demonstrate financial solvency under this part, you must submit an audited consolidated balance sheet, and, if requested by the MMS bond-approving officer, up to 3 years of tax returns to the MMS, * * *.
(b)You must submit an audited consolidated balance sheet annually, and, if requested, additional annual tax returns on the date MMS first determined that you demonstrated financial solvency as long as you have active appeals, or whenever MMS requests. * * * 1 hour 65 self-bonding submissions (demonstration of financial solvency). 65 243.201(c)(1), (c)(2)(i) and (c)(2)(ii) and 243.201(d)(2) How will MMS determine if I am financially solvent? * * *
(c)If your net worth, minus the amount we would require as surety under subpart B for all orders you have appealed is less than $300 million, you must submit * * *:
(1)A written request asking us to consult a business-information, or credit-reporting service or program to determine your financial solvency; and
(2)A nonrefundable $50 processing fee:
(i)You must pay the processing fee * * *;
(ii)You must submit the fee with your request * * * and then annually on the date we first determined that you demonstrated financial solvency, as long as you are not able to demonstrate financial solvency * * * and you have active appeals.
(d)* * *
(2)For us to consider you financially solvent, the business-information or credit-reporting service or program must demonstrate your degree of risk as low to moderate: * * * Burden hours covered under §§ 243.4(a)(1) and 243.200(a) and (b). 243.202(c) When will MMS monitor my financial solvency? * * *
(c)If our bond-approving officer determines that you are no longer financially solvent, you must post a bond or other MMS-specified surety instrument under subpart B. Burden hours covered under § 243.4(a)(1). Total Burden 140 140 *Estimated Annual Reporting and Recordkeeping “Non-hour” Cost Burden:* There are no additional recordkeeping costs associated with this information collection. However, MMS estimates 15 appellants will pay MMS a $50 fee to obtain credit data from a business information or credit reporting service as a “non-hour” cost burden over the next three years, or 5 appellants per year, for a total of $250 per year (5 appellants per year × $50 = $250). *Public Disclosure Statement:* The PRA (44 U.S.C. 3501 *et seq.* ) provides that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. *Comments:* Before submitting an ICR to OMB, PRA section 3506(c)(2)(A) requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *.” Agencies must specifically solicit comments to:
(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;
(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)enhance the quality, usefulness, and clarity of the information to be collected; and
(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. To comply with the public consultation process, we published a notice in the **Federal Register** on August 13, 2007 (72 FR 45264), announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. We received no comments in response to the notice. If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. The OMB has up to 60 days to approve or disapprove the information collection but may respond after 30 days. Therefore, to ensure maximum consideration, OMB should receive public comments by July 31, 2008. *Public Comment Policy:* We will post all comments in response to this notice on our Web site at *http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm* . We will also make copies of the comments available for public review, including names and addresses of respondents, during regular business hours at our offices in Lakewood, Colorado. 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 view, we cannot guarantee that we will be able to do so. *MMS Information Collection Clearance Officer:* Arlene Bajusz
(202)208-7744. Date April 24, 2008. Richard J. Adamski, Acting Associate Director for Minerals Revenue Management. [FR Doc. E8-14894 Filed 6-30-08; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before June 14, 2008. Pursuant to § 60.13 of 36 CFR Part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by July 16, 2008. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program. ARKANSAS Crittenden County West Memphis Commercial Historic District, 700, 800, and 900 blocks of E. Broadway Ave., West Memphis, 08000704 Madison County Huntsville Commercial Historic District, Roughly bounded by War Eagle, Hughes, Church, and Harris St., Huntsville, 08000705 Saline County Benton Commercial Historic District, Portions of 100 and 200 blocks of N. Main, N. Market, N. East, W. South, and Sevier St., Benton, 08000706 COLORADO Jefferson County Crown Hill Burial Park, 7777 W. 29th Ave., Wheat Ridge, 08000708 Lincoln County Hugo Municipal Pool, (New Deal Resources on Colorado's Eastern Plains MPS) Jct. of U.S. 287 and 6th Ave., Hugo, 08000692 Saguache County First Baptist Church of Moffat, (Ornamental Concrete Block Buildings in Colorado MPS) 401 Lincoln Ave., Moffat, 08000710 Weld County Greeley Downtown, Roughly bounded by 8th St., 8th Ave., 10th St., and 9th Ave., Greeley, 08000707 DISTRICT OF COLUMBIA District of Columbia, First Baptist Church of Deanwood, 1008 45th St., NE., Washington, DC, 08000720 GEORGIA Chatham County Dutton—Waller Raised Tybee Cottage, 1416 7th Ave., Tybee Island, 08000711 Morgan—Ille Cottage, 703 2nd Ave., Tybee Island, 08000713 Grady County Ebenezer African Methodist Episcopal Church and School, 232 Martin Ave., Whigham, 08000714 Ware County Lott Cemetery, Butler St. between Tebeau and Pendleton St., Waycross, 08000712 MASSACHUSETTS Suffolk County Old Harbor Reservation Parkways, Metropolitan Park System of Greater Boston, (Metropolitan Park System of Greater Boston MPS) William J. Day Blvd., Columbia Rd. between Farragut Rd. and Kosciuszko Cir., Old Colony Ave. between Pacuska Ave., Boston, 08000693 MISSOURI Clay County Wyman School, 100 Dunbar St., Excelsior Springs, 08000695 Jackson County Parade Park Maintenance Building, 1722 Woodland Ave., Kansas City, 08000719 Macon County La Plata Square Historic District, Along portions of Gex, Sanders, and Moore St., La Plata, 08000696 NEW MEXICO Santa Fe County Las Acequias, (Buildings Designed by John Gaw Meem MPS) 22A Rancho Las Acequias, Santa Fe, 08000697 NEW YORK Chenango County Smyrna Town Hall—Opera House, Academy St., Smyrna, 08000699 Clinton County SPITFIRE (gunboat), Address Restricted, Lake Champlain, 08000694 Dutchess County Pulver—Bird House, 983 Hunns Lake Rd., Stanford, 08000700 Essex County SPITFIRE (gunboat), Address Restricted, Lake Champlain, 08000694 Lewis County General Walter Martin House, 6575 Main St., Martinsburg, 08000698 RHODE ISLAND Kent County Spencer, William B., House, (Single-Family Houses in Rhode Island MPS) 11 Fairview Ave., West Warwick, 08000716 Providence County Sweet, Ira B., House, (Single-Family Houses in Rhode Island MPS) 38 Esmond St., Smithfield, 08000715 Taft, Moses, House, (Single-Family Houses in Rhode Island MPS) 111 E. Wallum Lake Rd., Burrillville, 08000718 Washington County Rose, Benoni, House, (Single-Family Houses in Rhode Island MPS) 97 Lafayette Rd., North Kingstown, 08000717 TENNESSEE Davidson County Fire Hall No. 1, (Fire Halls of Nashville, Tennessee, 1860-1936) 1312 3rd Ave. N., Nashville, 08000691 Gibson County First Methodist Episcopal Church, South, 200 N. 12th Ave., Humboldt, 08000702 McMinn County First United Presbyterian Church, 321 N. Jackson St., Athens, 08000701 Robertson County Nelson's Greenbrier Distillery, Main St. W. of Greenbrier Cemetery Rd., Greenbrier, 08000703 Request for REMOVAL has been made for the following resources: COLORADO Larimer County Bear Lake Ranger Station, Bear Lake, Estes Park, 87001138 TENNESSEE Knox County Walker, Thomas J., House, 645 Mars Hill Rd., Knoxville, 98000279 Montgomery County Home Infirmary, Riverside Dr. and Current St., Clarksville, 78002620 Rutherford County Ridley's Landing N. of Smyrna on Jones Mill Rd. at Stoves River, Smyrna, 73001829 Request for RELOCATION has been made for the following resources: KANSAS Barnes County Washington County Kingpost Bridge, SW. corner of jct. of KS 9 and Center St., Barnes, 89002184 Norton County North Fork Solomon River Lattice Truss Bridge Prairie Golf Course, Norton, 03000366 [FR Doc. E8-14841 Filed 6-30-08; 8:45 am] BILLING CODE 4310-70-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Notice of Proposed Information Collection for 1029-0036 AGENCY: Office of Surface Mining Reclamation and Enforcement. ACTION: Notice and request for comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement
(OSM)is announcing its intention to request approval to continue the collection of information under 30 CFR part 780, Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plans. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0036. DATES: Comments on the proposed information collection must be received by September 2, 2008, to be assured of consideration. ADDRESSES: Comments may be mailed to John A. Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave., NW., Room 202-SIB, Washington, DC 20240. Comments may also be submitted electronically to *jtrelease@osmre.gov.* FOR FURTHER INFORMATION CONTACT: To receive a copy of the information collection request contact John Trelease, at
(202)208-2783. SUPPLEMENTARY INFORMATION: OMB regulations at 5 CFR part 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8(d)]. This notice identifies an information collection that OSM will be submitting to OMB for approval. The collection is contained in 30 CFR part 780, Surface Mining Permit Applications Minimum Requirements for Reclamation and Operation Plans. OSM will request a 3-year term of approval for this information collection activity. Applicants must complete and submit the information for this part in order to receive a permit for surface coal mining. *Comments are invited on:*
(1)The need for the collection of information for the performance of the functions of the agency;
(2)the accuracy of the agency's burden estimates;
(3)ways to enhance the quality, utility and clarity of the information collection; and
(4)ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information. A summary of the public comments will accompany OSM's submission of the information collection requests to OMB. 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 following information is provided for the information collection:
(1)Title of the information collection;
(2)OMB control number;
(3)summary of the information collection activity; and
(4)frequency of collection, description of the respondents, estimated total annual responses, and the total annual reporting and recordkeeping burden for the collection of information. *Title:* 30 CFR Part 780—Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan. *OMB Control Number:* 1029-0036. *Summary:* Sections 507(b), 508(a), 510(b), 515(b) and (d), and 522 of Public Law 95-87 require applicants to submit operations and reclamation plans for coal mining activities. Information collection is needed to determine whether the plans will achieve the reclamation and environmental protections pursuant to the Surface Mining Control and Reclamation Act. Without this information, Federal and State regulatory authorities cannot review and approve permit application requests. *Bureau Form Number:* None. *Frequency of Collection:* Once. *Description of Respondents:* Applicants for surface coal mine permits on Federal lands, and State Regulatory Authorities. Total Annual Responses: 225 applicants and 221 State responses. *Total Annual Burden Hours for Applicants:* 131,378. *Total Annual Burden Hours for States:* 76,115. *Total Annual Burden for All Respondents:* 207,853. *Total Annual Burden Costs for All Respondents:* $1,992,392. Dated: June 23, 2008. John R. Craynon, Chief, Division of Regulatory Support. [FR Doc. E8-14757 Filed 6-30-08; 8:45 am] BILLING CODE 4310-05-M INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1012 (Review)] Certain Frozen Fish Fillets From Vietnam AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on certain frozen fish fillets from Vietnam. SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on certain frozen fish fillets from Vietnam would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is August 20, 2008. Comments on the adequacy of responses may be filed with the Commission by September 15, 2008. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). 1 No response to this request for information is required if a currently valid Office of Management and Budget
(OMB)number is not displayed; the OMB number is 3117-0016/USITC No. 08-5-184, expiration date July 31, 2008. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. DATES: *Effective Date:* July 1, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this review may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: *Background.* On August 12, 2003, the Department of Commerce issued an antidumping duty order on imports of certain frozen fish fillets from Vietnam (68 FR 47909). The Commission is conducting a review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. *Definitions* . The following definitions apply to this review:
(1)*Subject Merchandise* is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.
(2)The *Subject Country* in this review is Vietnam.
(3)The *Domestic Like Product* is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the *Subject Merchandise* . In its original determination, the Commission defined the *Domestic Like Product* as frozen catfish fillets, whether or not breaded or marinated.
(4)The *Domestic Industry* is the U.S. producers as a whole of the *Domestic Like Product* , or those producers whose collective output of the *Domestic Like Product* constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the *Domestic Industry* as processing operations producing frozen catfish fillets (whether or not breaded or marinated), not including catfish farming operations. 2 2 The Commission, nevertheless, took into account the role of catfish farmers as a condition of competition in the industry because the record of the original investigation demonstrated the importance of catfish farmers to catfish processors and vice versa.
(5)The *Order Date* is the date that the antidumping duty order under review became effective. In this review, the *Order Date* is August 12, 2003.
(6)An *Importer* is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the *Subject Merchandise* into the United States from a foreign manufacturer or through its selling agent. *Participation in the review and public service list* . Persons, including industrial users of the *Subject Merchandise* and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the **Federal Register** . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation. The Commission's designated agency ethics official recently has advised that a five-year review is no longer considered the “same particular matter” as the corresponding underlying original investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 73 FR. 24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics. Consequently, former employees are no longer required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and APO service list* . Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the **Federal Register** . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Certification* . Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this review must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. *Written submissions* . Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is August 20, 2008. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is September 15, 2008. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 Fed. Reg. 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the review you do not need to serve your response). *Inability to provide requested information* . Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determination in the review. *Information To Be Provided In Response to This Notice of Institution:* As used below, the term “firm” includes any related firms.
(1)The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and E-mail address of the certifying official.
(2)A statement indicating whether your firm/entity is a U.S. producer of the *Domestic Like Product* , a U.S. union or worker group, a U.S. importer of the *Subject Merchandise* , a foreign producer or exporter of the *Subject Merchandise* , a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.
(3)A statement indicating whether your firm/entity is willing to participate in this review by providing information requested by the Commission.
(4)A statement of the likely effects of the revocation of the antidumping duty order on the *Domestic Industry* in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of *Subject Merchandise on the Domestic Industry* .
(5)A list of all known and currently operating U.S. producers of the *Domestic Like Product* . Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6)A list of all known and currently operating U.S. importers of the *Subject Merchandise* and producers of the *Subject Merchandise* in the *Subject Country* that currently export or have exported *Subject Merchandise* to the United States or other countries since the *Order Date* .
(7)If you are a U.S. producer of the *Domestic Like Product* , provide the following information on your firm's operations on that product during calendar year 2007 (report quantity data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the *Domestic Like Product* accounted for by your firm's(s') production;
(b)The quantity and value of U.S. commercial shipments of the *Domestic Like Product* produced in your U.S. plant(s); and
(c)The quantity and value of U.S. internal consumption/company transfers of the *Domestic Like Product* produced in your U.S. plant(s).
(8)If you are a U.S. importer or a trade/business association of U.S. importers of the *Subject Merchandise* from the *Subject Country* , provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in pounds and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') imports;
(b)The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of *Subject Merchandise* imported from the *Subject Country* ; and
(c)The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of *Subject Merchandise* imported from the *Subject Country* .
(9)If you are a producer, an exporter, or a trade/business association of producers or exporters of the *Subject Merchandise* in the *Subject Country* , provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in pounds and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total production of *Subject Merchandise* in the *Subject Country* accounted for by your firm's(s') production; and
(b)The quantity and value of your firm's(s') exports to the United States of *Subject Merchandise* and, if known, an estimate of the percentage of total exports to the United States of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') exports.
(10)Identify significant changes, if any, in the supply and demand conditions or business cycle for the *Domestic Like Product* that have occurred in the United States or in the market for the *Subject Merchandise* in the *Subject Country* since the *Order Date* , and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the *Domestic Like Product* produced in the United States, *Subject Merchandise* produced in the *Subject Country* , and such merchandise from other countries. (11)(Optional) A statement of whether you agree with the above definitions of the *Domestic Like Product* and *Domestic Industry* ; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules. Issued: June 16, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-14181 Filed 6-30-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-752 (Second Review)] Crawfish Tail Meat From China AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on crawfish tail meat from China. SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on crawfish tail meat from China would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is August 20, 2008. Comments on the adequacy of responses may be filed with the Commission by September 15, 2008. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). 1 No response to this request for information is required if a currently valid Office of Management and Budget
(OMB)number is not displayed; the OMB number is 3117-0016/USITC No. 08-5-185, expiration date July 31, 2008. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. DATES: *Effective Date:* July 1, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for this review may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . SUPPLEMENTARY INFORMATION: *Background.* On September 15, 1997, the Department of Commerce issued an antidumping duty order on imports of crawfish tail meat from China (62 FR 48218). Following five-year reviews by Commerce and the Commission, effective August 13, 2003, Commerce issued a continuation of the antidumping duty order on imports of crawfish tail meat from China (68 FR 48340). The Commission is now conducting a second review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. *Definitions* . The following definitions apply to this review:
(1)*Subject Merchandise* is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.
(2)The *Subject Country* in this review is China.
(3)The *Domestic Like Product* is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the *Subject Merchandise* . In its original determination and first full five-year review determination, the Commission defined the *Domestic Like Product* as crawfish tail meat, coextensive with Commerce's scope.
(4)The *Domestic Industry* is the U.S. producers as a whole of the *Domestic Like Product* , or those producers whose collective output of the *Domestic Like Product* constitutes a major proportion of the total domestic production of the product. In its original determination and its first full five-year review determination, the Commission defined the *Domestic Industry* as all domestic producers of crawfish tail meat, which, at that time, consisted of numerous processors that were generally small, family-owned businesses in Louisiana. The Commission did not include in its definition of the *Domestic Industry* producers or growers of whole crawfish.
(5)The *Order Date* is the date that the antidumping duty order under review became effective. In this review, the *Order Date* is September 15, 1997.
(6)An *Importer* is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the *Subject Merchandise* into the United States from a foreign manufacturer or through its selling agent. *Participation in the review and public service list* . Persons, including industrial users of the *Subject Merchandise* and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the **Federal Register** . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation. The Commission's designated agency ethics official recently has advised that a five-year review is no longer considered the “same particular matter” as the corresponding underlying original investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics. Consequently, former employees are no longer required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and APO service list.* Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the **Federal Register** . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Certification* . Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this review must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. *Written submissions* . Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is August 20, 2008. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is September 15, 2008. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the review you do not need to serve your response). *Inability to provide requested information* . Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determination in the review. *Information To Be Provided In Response to This Notice of Institution:* As used below, the term “firm” includes any related firms.
(1)The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and e-mail address of the certifying official.
(2)A statement indicating whether your firm/entity is a U.S. producer of the *Domestic Like Product* , a U.S. union or worker group, a U.S. importer of the *Subject Merchandise* , a foreign producer or exporter of the *Subject Merchandise* , a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.
(3)A statement indicating whether your firm/entity is willing to participate in this review by providing information requested by the Commission.
(4)A statement of the likely effects of the revocation of the antidumping duty order on the *Domestic Industry* in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of *Subject Merchandise on the Domestic Industry* .
(5)A list of all known and currently operating U.S. producers of the *Domestic Like Product* . Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6)A list of all known and currently operating U.S. importers of the *Subject Merchandise* and producers of the *Subject Merchandise* in the *Subject Country* that currently export or have exported *Subject Merchandise* to the United States or other countries after 2002.
(7)If you are a U.S. producer of the *Domestic Like Product* , provide the following information on your firm's operations on that product during calendar year 2007 (report quantity data in pounds and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the *Domestic Like Product* accounted for by your firm's(s') production;
(b)The quantity and value of U.S. commercial shipments of the *Domestic Like Product* produced in your U.S. plant(s); and
(c)The quantity and value of U.S. internal consumption/company transfers of the *Domestic Like Product* produced in your U.S. plant(s).
(8)If you are a U.S. importer or a trade/business association of U.S. importers of the *Subject Merchandise* from the *Subject Country* , provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in pounds and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') imports;
(b)The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of *Subject Merchandise* imported from the *Subject Country* ; and
(c)The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of *Subject Merchandise* imported from the *Subject Country* .
(9)If you are a producer, an exporter, or a trade/business association of producers or exporters of the *Subject Merchandise* in the *Subject Country* , provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in pounds and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total production of *Subject Merchandise* in the *Subject Country* accounted for by your firm's(s') production; and
(b)The quantity and value of your firm's(s') exports to the United States of *Subject Merchandise* and, if known, an estimate of the percentage of total exports to the United States of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') exports.
(10)Identify significant changes, if any, in the supply and demand conditions or business cycle for the *Domestic Like Product* that have occurred in the United States or in the market for the *Subject Merchandise* in the *Subject Country* after 2002, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the *Domestic Like Product* produced in the United States, Subject Merchandise produced in the *Subject Country* , and such merchandise from other countries.
(11)(Optional) A statement of whether you agree with the above definitions of the *Domestic Like Product* and *Domestic Industry* ; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules. Issued: June 16, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-14203 Filed 6-30-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 701-TA-431 (Review)] DRAMs and DRAM Modules From Korea AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the countervailing duty order on DRAMs and DRAM modules from Korea. SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the countervailing duty order on DRAMs and DRAM modules from Korea would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is August 20, 2008. Comments on the adequacy of responses may be filed with the Commission by September 15, 2008. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). 1 No response to this request for information is required if a currently valid Office of Management and Budget
(OMB)number is not displayed; the OMB number is 3117-0016/USITC No. 08-5-186, expiration date July 31, 2008. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. DATES: *Effective Date:* July 1, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this review may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* —On August 11, 2003, the Department of Commerce issued a countervailing duty order on imports of DRAMs and DRAM modules from Korea (68 FR 47546). The Commission is conducting a review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. *Definitions.* —The following definitions apply to this review:
(1)*Subject Merchandise* is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.
(2)The *Subject Country* in this review is Korea.
(3)The *Domestic Like Product* is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, the Commission found a single Domestic Like Product consisting of all DRAM products regardless of density, including cased and uncased DRAMs as well as DRAMs packaged into memory modules, and including all DRAM product types.
(4)The *Domestic Industry* is the U.S. producers as a whole of the *Domestic Like Product* , or those producers whose collective output of the *Domestic Like Product* constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the *Domestic Industry* as all producers that fabricate and assemble DRAMs in the United States, excluding module “packagers” and fabless design houses. At the time of the Commission's original determination, the *Domestic Industry* consisted of Micron, Dominion, Infineon, Samsung Austin Semiconductor, HSMA, Fujitsu, IBM, Payton, and NECELAM.
(5)The *Order Date* is the date that the countervailing duty order under review became effective. In this review, the *Order Date* is August 11, 2003.
(6)An *Importer* is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the *Subject Merchandise* into the United States from a foreign manufacturer or through its selling agent. *Participation in the review and public service list.* —Persons, including industrial users of the *Subject Merchandise* and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the **Federal Register** . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation. The Commission's designated agency ethics official recently has advised that a five-year review is no longer considered the “same particular matter” as the corresponding underlying original investigation for purposes of 18 U.S.C. 207, the post employment statute for Federal employees, and Commission rule 201.15(b)(19 CFR 201.15(b)). 73 FR 24609 (May 5, 2008). This advice was developed in consultation with the Office of Government Ethics. Consequently, former employees are no longer required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and APO service list.* —Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the **Federal Register** . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Certification.* —Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this review must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. *Written submissions.* —Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is August 20, 2008. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is September 15, 2008. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the review you do not need to serve your response). *Inability to provide requested information.* —Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determination in the review. *Information To Be Provided in Response To This Notice of Institution:* As used below, the term “firm” includes any related firms.
(1)The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and e-mail address of the certifying official.
(2)A statement indicating whether your firm/entity is a U.S. producer of the *Domestic Like Product* , a U.S. union or worker group, a U.S. importer of the *Subject Merchandise,* a foreign producer or exporter of the *Subject Merchandise,* a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.
(3)A statement indicating whether your firm/entity is willing to participate in this review by providing information requested by the Commission.
(4)A statement of the likely effects of the revocation of the countervailing duty order on the *Domestic Industry* in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of *Subject Merchandise* on the *Domestic Industry.*
(5)A list of all known and currently operating U.S. producers of the *Domestic Like Product.* Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6)A list of all known and currently operating U.S. importers of the *Subject Merchandise* and producers of the *Subject Merchandise* in the *Subject Country* that currently export or have exported *Subject Merchandise* to the United States or other countries since the *Order Date* .
(7)If you are a U.S. producer of the *Domestic Like Product,* provide the following information on your firm's operations on that product during calendar year 2007 (report quantity data in billion bits and value data in thousands of U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the *Domestic Like Product* accounted for by your firm's(s') production;
(b)The quantity and value of U.S. commercial shipments of the *Domestic Like Product* produced in your U.S. plant(s); and
(c)The quantity and value of U.S. internal consumption/company transfers of the *Domestic Like Product* produced in your U.S. plant(s).
(8)If you are a U.S. importer or a trade/business association of U.S. importers of the *Subject Merchandise* from the *Subject Country,* provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in billion bits and value data in thousands of U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)The quantity and value (landed, duty-paid but not including countervailing duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') imports;
(b)The quantity and value (f.o.b. U.S. port, including countervailing duties) of U.S. commercial shipments of *Subject Merchandise* imported from the *Subject Country;* and
(c)The quantity and value (f.o.b. U.S. port, including countervailing duties) of U.S. internal consumption/company transfers of *Subject Merchandise* imported from the *Subject Country.*
(9)If you are a producer, an exporter, or a trade/business association of producers or exporters of the *Subject Merchandise* in the *Subject Country,* provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in billion bits and value data in thousands of U.S. dollars, landed and duty-paid at the U.S. port but not including countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total production of *Subject Merchandise* in the *Subject Country* accounted for by your firm's(s') production; and
(b)The quantity and value of your firm's(s') exports to the United States of *Subject Merchandise* and, if known, an estimate of the percentage of total exports to the United States of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') exports.
(10)Identify significant changes, if any, in the supply and demand conditions or business cycle for the *Domestic Like Product* that have occurred in the United States or in the market for the *Subject Merchandise* in the *Subject Country* since the *Order Date,* and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the *Domestic Like Product* produced in the United States, *Subject Merchandise* produced in the *Subject Country,* and such merchandise from other countries. (11)(OPTIONAL) A statement of whether you agree with the above definitions of the *Domestic Like Product* and *Domestic Industry;* if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules. By order of the Commission. Issued: June 16, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-14180 Filed 6-30-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-457 and 731-TA-1153 (Preliminary)] Tow-Behind Lawn Groomers From China AGENCY: United States International Trade Commission. ACTION: Institution and scheduling of a preliminary phase countervailing duty investigation and a preliminary phase antidumping investigation. SUMMARY: The Commission hereby gives notice of the institution of investigation and commencement of preliminary phase countervailing duty investigation No. 701-TA-457 (Preliminary) under section 703(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China of tow-behind lawn groomers (“TBLG”), currently provided for in subheadings 8432.40.00, 8432.80.00, and 8479.89.98 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Government of the People's Republic of China. The Commission also hereby gives notice of the institution of investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1153 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China of TBLGs, currently provided for in the subheadings identified above of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 702(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B)), the Commission must reach preliminary determinations in antidumping and countervailing duty investigations within 45 days, or in this case by August 8, 2008. The Commission's views are due at Commerce within five business days thereafter, or by Friday, August 15, 2008. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR 201), and part 207, subparts A and B (19 CFR 207). DATES: *Effective Date:* June 24, 2008. FOR FURTHER INFORMATION CONTACT: Russell Duncan (202-708-4727, *russell.duncan@usitc.gov* ), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* These investigations are being instituted in response to a petition filed on June 24, 2008, by Agri-Fab, Inc., Sullivan, IL. *Participation in the investigations and public service list.* Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the **Federal Register** . Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission countervailing and antidumping investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and BPI service list.* Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the **Federal Register** . A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Conference.* The Commission's Director of Operations has scheduled a conference in connection with these investigations for 9:30 a.m. on July 15, 2008, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Parties wishing to participate in the conference should contact Russell Duncan (202-708-4727) not later than July 11, 2008, to arrange for their appearance. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference. *Written submissions.* As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before July 18, 2008, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II
(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules. Issued: June 25, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-14840 Filed 6-30-08; 8:45 am] BILLING CODE 7020-02-P JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Advisory Committee on Rules of Appellate Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Appellate Procedure. ACTION: Notice of Open Meeting. SUMMARY: The Advisory Committee on Rules of Appellate Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation. DATES: November 13-14, 2008. *Time:* 8:30 a.m. to 5 p.m. ADDRESSES: Charleston Place Hotel, 205 Meeting Street, Charleston, SC 29401 FOR FURTHER INFORMATION CONTACT: John K. Rabiej, Chief, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone
(202)502-1820. Dated: June 23, 2008. John K. Rabiej, Chief, Rules Committee Support Office. [FR Doc. E8-14750 Filed 6-30-08; 8:45 am] BILLING CODE 2210-55-M JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Advisory Committee on Rules of Civil Procedure AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure. ACTION: Notice of Open Meeting. SUMMARY: The Advisory Committee on Rules of Civil Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation. DATES: November 17-18, 2008. *Time:* 8:30 a.m. to 5 p.m. ADDRESSES: Thurgood Marshall Federdal Judiciary Building, One Columbus Circle, NE., Washington, DC 20054. FOR FURTHER INFORMATION CONTACT: John K. Rabiej, Chief, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone
(202)502-1820. Dated: June 23, 2008. John K. Rabiej, Chief, Rules Committee Support Office. [FR Doc. E8-14754 Filed 6-30-08; 8:45 am] BILLING CODE 2210-55-M JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Advisory Committee on Rules of Evidence AGENCY: Judicial Conference of the United States Advisory Committee on Rules of Evidence. ACTION: Notice of Open Meeting. SUMMARY: The Advisory Committee on Rules of Evidence will hold a two-day meeting. The meeting will be open to public observation but not participation. DATES: October 23-24, 2008. *Time:* 8:30 a.m. to 5 p.m. ADDRESSES: LaPosada de Santa Fe Hotel, 330 E Palace Avenue, Santa Fe, New Mexico 87501. FOR FURTHER INFORMATION CONTACT: John K. Rabiej, Chief, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone
(202)502-1820. Dated: June 23, 2008. John K. Rabiej, Chief, Rules Committee Support Office. [FR Doc. E8-14756 Filed 6-30-08; 8:45 am] BILLING CODE 2210-55-M DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-307R] Controlled Substances: Proposed Revised Aggregate Production Quotas for 2008 AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Notice of proposed revised 2008 aggregate production quotas. SUMMARY: This notice proposes revised 2008 aggregate production quotas for controlled substances in schedules I and II of the Controlled Substances Act (CSA). DATES: Written comments must be postmarked, and electronic comments must be sent, on or before July 31, 2008. ADDRESSES: To ensure proper handling of comments, please reference “Docket No. DEA-307R” on all written and electronic correspondence. Written comments sent via regular or 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, 8701 Morrissette Drive, Springfield, VA 22152, Telephone:
(202)307-7183. SUPPLEMENTARY INFORMATION: Section 306 of the CSA (21 U.S.C. 826) requires that the Attorney General establish aggregate production quotas for each basic class of controlled substance listed in schedules I and II. This responsibility has been delegated to the Administrator of the DEA by 28 CFR 0.100. The Administrator in turn, has redelegated this function to the Deputy Administrator, pursuant to 28 CFR 0.104. On August 24, 2007, a notice of proposed 2008 aggregate production quotas for certain controlled substances in schedules I and II was published in the **Federal Register** (72 FR 48683). This notice stipulated that the DEA would adjust the quotas in early 2008 as provided for in 21 CFR part 1303. The proposed revised 2008 aggregate production quotas represent those quantities of controlled substances in schedules I and II that may be produced in the United States in 2008 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. These quotas do not include imports of controlled substances for use in industrial processes. The proposed revisions are based on a review of 2007 year-end inventories, 2007 disposition data submitted by quota applicants, estimates of the medical needs of the United States, product development, and other information available to the DEA. 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 aggregate production quotas for the following controlled substances, expressed in grams of anhydrous acid or base: Basic class—Schedule I Previously established initial 2008 quotas Proposed revised 2008 quotas 2,5-Dimethoxyamphetamine 2 g 2 g 2,5-Dimethoxy-4-ethylamphetamine
(DOET)2 g 2 g 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7) 10 g 10 g 3-Methylfentanyl 2 g 2 g 3-Methylthiofentanyl 2 g 2 g 3,4-Methylenedioxyamphetamine
(MDA)20 g 20 g 3,4-Methylenedioxy-N-ethylamphetamine
(MDEA)10 g 10 g 3,4-Methylenedioxymethamphetamine
(MDMA)22 g 22 g 3,4,5-Trimethoxyamphetamine 2 g 2 g 4-Bromo-2,5-dimethoxyamphetamine
(DOB)2 g 2 g 4-Bromo-2,5-dimethoxyphenethylamine (2-CB) 7 g 7 g 4-Methoxyamphetamine 77 g 77 g 4-Methylaminorex 2 g 2 g 4-Methyl-2,5-dimethoxyamphetamine
(DOM)12 g 12 g 5-Methoxy-3,4-methylenedioxyamphetamine 2 g 2 g 5-Methoxy-N,N-diisopropyltryptamine 5 g 5 g Acetyl-alpha-methylfentanyl 2 g 2 g Acetyldihydrocodeine 2 g 2 g Acetylmethadol 2 g 2 g Allylprodine 2 g 2 g Alphacetylmethadol 2 g 2 g Alpha-ethyltryptamine 2 g 2 g Alphameprodine 2 g 2 g Alphamethadol 3 g 3 g Alpha-methylfentanyl 2 g 2 g Alpha-methylthiofentanyl 2 g 2 g Alpha-methyltryptamine 5 g 5 g Aminorex 8 g 8 g Benzylmorphine 2 g 2 g Betacetylmethadol 2 g 2 g Beta-hydroxy-3-methylfentanyl 2 g 2 g Beta-hydroxyfentanyl 2 g 2 g Betameprodine 2 g 2 g Betamethadol 2 g 2 g Betaprodine 2 g 2 g Bufotenine 8 g 8 g Cathinone 3 g 3 g Codeine-N-oxide 302 g 302 g Diethyltryptamine 2 g 2 g Difenoxin 50 g 50 g Dihydromorphine 2,549,000 g 2,549,000 g Dimethyltryptamine 3 g 3 g Gamma-hydroxybutyric acid 23,600,000 g 21,940,000 g Heroin 5 g 5 g Hydromorphinol 3,000 g 3,000 g Hydroxypethidine 2 g 2 g Ibogaine 1 g 1 g Lysergic acid diethylamide
(LSD)61 g 61 g Marihuana 4,500,000 g 4,500,000 g Mescaline 2 g 2 g Methaqualone 10 g 10 g Methcathinone 4 g 4 g Methyldihydromorphine 2 g 2 g Morphine-N-oxide 310 g 310 g N,N-Dimethylamphetamine 7 g 7 g N-Ethylamphetamine 2 g 2 g N-Hydroxy-3,4-methylenedioxyamphetamine 2 g 2 g Noracymethadol 2 g 2 g Norlevorphanol 52 g 52 g Normethadone 2 g 2 g Normorphine 16 g 16 g Para-fluorofentanyl 2 g 2 g Phenomorphan 2 g 2 g Pholcodine 2 g 2 g Psilocybin 7 g 7 g Psilocyn 7 g 7 g Tetrahydrocannabinols 312,500 g 312,500 g Thiofentanyl 2 g 2 g Trimeperidine 2 g 2 g Basic class—Schedule II Previously established initial 2008 quotas Proposed revised 2008 quotas 1-Phenylcyclohexylamine 2 g 2 g Alfentanil 8,000 g 8,000 g Alphaprodine 2 g 2 g Amobarbital 3 g 3 g Amphetamine (for sale) 17,000,000 g 17,000,000 g Amphetamine (for conversion) 5,000,000 g 5,000,000 g Cocaine 286,000 g 247,000 g Codeine (for sale) 39,605,000 g 39,605,000 g Codeine (for conversion) 59,000,000 g 59,000,000 g Dextropropoxyphene 106,000,000 g 106,000,000 g Dihydrocodeine 1,200,000 g 1,200,000 g Diphenoxylate 828,000 g 680,000 g Ecgonine 83,000 g 83,000 g Ethylmorphine 2 g 2 g Fentanyl 1,428,000 g 1,428,000 g Glutethimide 2 g 2 g Hydrocodone (for sale) 45,200,000 g 42,000,000 g Hydrocodone (for conversion) 1,500,000 g 1,500,000 g Hydromorphone 3,300,000 g 3,300,000 g Isomethadone 2 g 2 g Levo-alphacetylmethadol
(LAAM)3 g 3 g Levomethorphan 5 g 5 g Levorphanol 10,000 g 10,000 g Lisdexamfetamine 6,200,000 g 6,200,000 g Meperidine 9,753,000 g 8,600,000 g Metazocine 1 g 1 g Methadone (for sale) 25,000,000 g 25,000,000 g Methadone Intermediate 26,000,000 g 26,000,000 g Methamphetamine 3,130,000 g 3,130,000 g [680,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,405,000 grams for methamphetamine mostly for conversion to a schedule III product; and 45,000 grams for methamphetamine (for sale)] Methylphenidate 50,000,000 g 50,000,000 g Morphine (for sale) 35,000,000 g 35,000,000 g Morphine (for conversion) 100,000,000 g 100,000,000 g Nabilone 3,002 g 3,002 g Noroxymorphone (for sale) 10,000 g 10,000 g Noroxymorphone (for conversion) 8,000,000 g 8,000,000 g Oripavine 1 0 g 15,000,000 g Opium 1,400,000 g 1,400,000 g Oxycodone (for sale) 70,000,000 g 70,000,000 g Oxycodone (for conversion) 4,820,000 g 4,820,000 g Oxymorphone 2,400,000 g 2,000,000 g Oxymorphone (for conversion) 11,000,000 g 11,000,000 g Pentobarbital 35,200,000 g 28,000,000 g Phencyclidine 2,021 g 2,021 g Phenmetrazine 2 g 2 g Racemethorphan 2 g 2 g Remifentanil 3,000 g 410 g Secobarbital 2 g 2 g Sufentanil 10,300 g 10,300 g Thebaine 126,000,000 g 126,000,000 g 1 On December 10, 2007, the Drug Enforcement Administration published a final rule establishing a new basic class: Oripavine (72 FR 69618). Prior to the final rule, oripavine was considered a thebaine derivative and hence, was included under the thebaine basic class. The Deputy Administrator further proposes that aggregate production quotas for all other schedules I and II controlled substances included in 21 CFR 1308.11 and 1308.12 remain at zero. 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 1303.13(c). 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 aggregate production quotas for schedules I and II controlled substances is mandated by law and by international treaty obligations. The quotas 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. While aggregate production quotas are of primary importance to large manufacturers, their impact upon small entities is neither negative nor beneficial. 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 aggregate production quotas 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 (adjusted for inflation) 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 (Congressional Review Act). 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. E8-14903 Filed 6-30-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Proposed Information Collection Request for Migrant and Seasonal Farmworkers (MSFWs) Monitoring Report and One-Stop Career Center Complaint/Referral Record: Comment Request for Extension Without Revision AGENCY: Employment and Training Administration. ACTION: Notice. SUMMARY: The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration
(ETA)is soliciting comments concerning the proposed three year extension without revision of the Services to Migrant and Seasonal Farm Workers Report, ETA Form 5148, and the One-Stop Career Center Complaint/Referral Record, ETA Form 8429 beyond November 30, 2008. The current Office of Management and Budget
(OMB)Information Collection Request
(ICR)authorization number 1205-0039 expires on November 30, 2008. A copy of the proposed ICR can be obtained by contacting the office listed below in the addressee section of this notice or by accessing: *http://www.doleta.gov/OMBCN/OMBControlNumber.cfm.* DATES: Submit comments on or before September 2, 2008. ADDRESSES: Send written comments to: Alina Walker, U.S. Department of Labor, Employment and Training Administration, Office of Workforce Investment, Division of Adult Services, Migrant and Seasonal Farmworkers Program, Room S-4209, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone number: 202-693-2706, fax: 202-693-3587, and e-mail address: *walker.alina@dol.gov.* FOR FURTHER INFORMATION CONTACT: Juan Regalado, U.S. Department of Labor, Employment and Training Administration, Office of Workforce Investment, Division of Adult Services, Room S-4209, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone number: 202-693-2661, fax: 202-693-3945, and e-mail address: *regalado.juan@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background The regulations at 20 CFR 651, 653, and 658 under the Wagner Peyser Act, as amended by the Workforce Investment Act
(WIA)of 1998, set forth requirements to ensure that Migrant and Seasonal Farmworkers (MSFWs) receive services that are qualitatively equivalent and quantitatively proportionate to the services provided to non-MSFWs. In compliance with 20 CFR 653.109, DOL established record keeping requirements to allow for the efficient and effective monitoring of State Workforce Agencies'
(SWAs)regulatory compliance. The ETA Form 5148, Services to Migrant and Seasonal Farm Workers Report, is used to collect data which are primarily used to monitor and measure the extent and effectiveness of SWA service delivery to MSFWs. The ETA Form 8429, One-Stop Career Center Compliant Referral Record, is used to collect and document complaints filed by MSFWs and non-MSFWs pursuant to the regulatory framework established at 20 CFR 658.400. II. Desired Focus of Comments The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond by including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions: *Type of Review:* Extension without revision of a currently approved collection. *Agency:* Employment and Training Administration. *Title:* Migrant and Seasonal Farmworker
(MSFW)Monitoring Report and One-Stop Career Center Complaint/Referral Record. *OMB Number:* 1205-0039. *Affected Public:* State governments. *Type of Response:* Mandatory for ETA-5148 and voluntary for ETA-8429. *Number of Respondents:* 52. *Annual Responses:* 208. *Breakdown of Burden Hours:* (See below.) Complaint Form 8429 1. Recordkeeping Number of record-keepers: 639. Annual hours per record: .5 (thirty minutes). Record-keeper hours: 324. 2. Reporting Annual number of forms: 2,142. Minutes per form: 8. Processing hours: 286. 5148 Report 1. Recordkeeping Number of record-keepers: 639. Annual hours per record-keeper: 1.12. Record-keeper hours: 713. 2. Reporting Number of Respondents: 52. Annual number of reports: 4. Total number of reports: 208. Minutes per report: 70. Reporting hours: 243. *Estimated Total Burden Hours:* 1,566. *Total Burden Cost* (operating/maintaining): $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: At Washington, DC, this 23rd day of June 2008. Gay M. Gilbert, Administrator, Office of Workforce Investment, Employment and Training Administration. [FR Doc. E8-14856 Filed 6-30-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [SGA/DFA-PY 08-04] Solicitation for Grant Applications (SGA); Technology-Based Learning
(TBL)Initiative AGENCY: Employment and Training Administration (ETA), Labor. ACTION: Notice: Amendment to SGA/DFA-PY 08-04. SUMMARY: The Employment and Training Administration published a document in the **Federal Register** on June 20, 2008, announcing the availability of funds and solicitation for grant applications
(SGA)under the TBL Initiative to be awarded through a competitive process. This notice is an amendment to the SGA and it amends Part II. Award Information. FOR FURTHER INFORMATION CONTACT: James Stockton, Grant Officer, Division of Federal Assistance, at
(202)693-3335. *Supplementary Information Correction:* In the **Federal Register** of June 20, 2008, in FR Doc. E8-13967. The second
(2nd)paragraph, under the specific heading “Use of Funds/Allowable Activities amends the link for guidance on the list of eligible occupations and industries that have been identified as those for which employers use H-1B visas to employ foreign workers to: *http://www.doleta.gov/sga/sga.cfm* (page 35157). Reference SGA/DFA PY 08-04. *Effective Date:* This notice is effective July 1, 2008. Signed at Washington, DC, this 25th day of June 2008. James W. Stockton, Grant Officer. [FR Doc. E8-14865 Filed 6-30-08; 8:45 am] BILLING CODE 4510-FN-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (08-052 )] Aerospace Safety Advisory Panel; Meeting AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of Meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announce a forthcoming meeting of the Aerospace Safety Advisory Panel (ASAP). DATES: Thursday, July 17, 2008, 1 p.m. to 3 p.m. Central Time. ADDRESSES: Marshall Space Flight Center (MSFC), Building 4200, Room 504 (5th floor), Marshall Space Flight Center, AL 35812-0001. (Note that visitors will first need to go to the MSFC Visitor's Center to gain access.) FOR FURTHER INFORMATION CONTACT: Ms. Kathy Dakon, ASAP Executive Director, National Aeronautics and Space Administration, Washington, DC 20546,
(202)358-0732. SUPPLEMENTARY INFORMATION: The ASAP will hold its 3rd Quarterly Meeting for 2008. This discussion is pursuant to carrying out its statutory duties for which the Panel reviews, identifies, evaluates, and advises on those program activities, systems, procedures, and management activities that can contribute to program risk. Priority is given to those programs that involve the safety of human flight. The agenda will include updates on Constellation Program Safety, Columbia Accident Investigation Board and Return to Flight Progress, and Technical Authority. The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. Photographs will only be permitted during the first 10 minutes of the meeting. During the first 30 minutes of the meeting, members of the public may make a 5-minute verbal presentation to the Panel on the subject of safety in NASA. To do so, please contact Ms. Susan Burch on
(202)358-0550 at least 48 hours in advance. Any member of the public is permitted to file a written statement with the Panel at the time of the meeting. Verbal presentations and written comments should be limited to the subject of safety in NASA. The meeting will be open to the public up to the seating capacity of the room. All U.S. citizens desiring to attend the ASAP Meeting at the MSFC must provide their full name, company affiliation (if applicable), citizenship, place of birth, and date of birth to the MSFC Security Office no later than the close of business on July 11, 2008. All non-U.S. citizens must submit their name, current address, citizenship, company affiliation (if applicable) to include address, telephone number, and their title, place of birth, date of birth, U.S. visa information to include type, number, and expiration date, U.S. Social Security Number (if applicable), Permanent Resident Alien card number and expiration date (if applicable), place and date of entry into the U.S., and Passport information to include Country of issue, number, and expiration date to the MSFC Security Office no later than the close of business on July 7, 2008. If the above information is not received by the noted dates, attendees should expect a minimum delay of two
(2)hours. All visitors to this meeting will be required to process in through the Redstone/MSFC Joint Visitor Control Center located on Rideout Road, north of Gate 9 prior to entering MSFC. Please provide the appropriate data, via fax 256-544-2101, noting at the top of the page “Public Admission to the Aerospace Safety Advisory Panel Meeting at MSFC.” For security questions, please call Becky Hopson at 256-544-4541. Michael F. O'Brien, Assistant Administrator for External Relations. [FR Doc. E8-14817 Filed 6-30-08; 8:45 am] BILLING CODE 7510-13-P NATIONAL SCIENCE FOUNDATION Committee Management; Renewals The NSF management officials having responsibility for the advisory committees listed below have determined that renewing these groups for another two years is necessary and in the public interest in connection with the performance of duties imposed upon the Director, National Science Foundation (NSF), by 42 U.S.C. 1861 *et seq.* This determination follows consultation with the Committee Management Secretariat, General Services Administration. Committees: Advisory Committee for Computer and Information Science and Engineering, #1115; Advisory Committee for GPRA Performance Assessment, #13853; Advisory Committee for Mathematical and Physical Sciences, #66; Advisory Committee for Social, Behavioral and Economic Sciences, #1171; Business and Operations Advisory Committee, #9556; Committee on Equal Opportunities in Science and Engineering, #1173; Proposal Review Panel for Astronomical Sciences, #1186; Proposal Review Panel for Chemical, Bioengineering, Environmental and Transport Systems, #1189; Proposal Review Panel for Chemistry, #1191; Proposal Review Panel for Civil, Mechanical and Manufacturing Innovation, #1194; Proposal Review Panel for Computer and Network Systems, #1207; Proposal Review Panel for Computing & Communication Foundations, #1192; Proposal Review Panel for Cyberinfrastructure, #1185; Proposal Review Panel for Electrical, Communications and Cyber Systems, #1196; Proposal Review Panel for Engineering Education and Centers, #173; Proposal Review Panel for Experimental Programs to Stimulate Competitive Research, #1198; Proposal Review Panel for Graduate Education, #57; Proposal Review Panel for Human Resource Development, #1199; Proposal Review Panel for Information and Intelligent Systems, #1200; Proposal Review Panel for Materials Research, #1203; Proposal Review Panel for Mathematical Sciences, #1204; Proposal Review Panel for Physics, #1208; Proposal Review Panel for Polar Programs, #1209; Proposal Review Panel for Undergraduate Education, #1214. Effective date for renewal is July 1, 2008. For more information, please contact Susanne Bolton, NSF, at
(703)292-7488. Dated: June 25, 2008. Susanne Bolton, Committee Management Officer. [FR Doc. E8-14814 Filed 6-30-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations I. Background Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the Commission or NRC staff) is publishing this regular biweekly notice. The Act requires the Commission publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from June 5, 2008, to June 18, 2008. The last biweekly notice was published on June 17, 2008 (73 FR 34337). Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not
(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. The basis for this proposed determination for each amendment request is shown below. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D44, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comments received may be examined at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for a hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, person(s) may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-Filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed within 60 days, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address, and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also set forth the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner/requestor intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner/requestor intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five
(5)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov* , or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer
(TM)to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer
(tm)is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. For further details with respect to this amendment action, see the application for amendment which is available for public inspection at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1
(800)397-4209,
(301)415-4737 or by e-mail to *pdr@nrc.gov.* Entergy Nuclear Operations, Inc., Docket No. 50-333, James A. FitzPatrick Nuclear Power Plant (JAFNPP), Oswego County, New York *Date of amendment request:* April 22, 2008. *Description of amendment request:* The proposed amendment would modify Technical Specification
(TS)1.0, “Definitions”, Limiting Conditions for Operation and Surveillance Requirement Applicability Section 3.4.9, “RCS [Reactor Coolant System] Pressure and Temperature (P/T) Limits”, and Section 5.0, “Administrative Controls” to delete reference to the pressure and temperature curves, and include reference to the Pressure and Temperature Limits Report (PTLR). This proposed change would adopt the methodology of SIR-05-044-A, “Pressure-Temperature Limits Report Methodology for Boiling Water Reactors,” for preparation of the pressure and temperature curves, and incorporate the guidance of TSTF-419-A, “Revise PTLR Definition and References in ISTS [Improved Standard Technical Specifications] 5.6.6, RCS PTLR.” *Basis for proposed no significant hazards consideration determination:* As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed change modifies Technical Specifications
(TS)Section 1.0 (“Definitions”), Limiting Conditions for Operation and Surveillance Requirement Applicability Section 3.4.9 (“RCS Pressure and Temperature (P/T) Limits”), and 5.0 (“Administrative Controls”), to delete reference to the pressure and temperature curves and include reference to the Pressure and Temperature Limits Report (PTLR). This change adopts the methodology of SIR-05-044-A, “Pressure-Temperature Limits Report Methodology for Boiling Water Reactors”, dated April 2007 for preparation of the pressure and temperature curves, and incorporates the guidance of TSTF-419-A (“Revised PTLR Definition and References in ISTS 5.6.6, RCS PTLR”). In an NRC Safety Evaluation Report dated February 6, 2007, “the NRC staff has found that SIR-05-044 is acceptable for referencing in licensing applications for General Electric-designed boiling water reactors to the extent specified and under the limitations delineated in the TR [Topical Report] and in the enclosed final SE [Safety Evaluation]”. As part of this change, the JAF Pressure and Temperature Limits Report
(PTLR)based on the methodology and template provided in SIR-05-044-A is being supplied for review. The pressure and temperature curves utilize the methodology of SIR-05-044-A. The NRC has established requirements in Appendix G to 10 CFR [Part] 50 in order to protect the integrity of the reactor coolant pressure boundary
(RCPB)in nuclear power plants. Additionally, the regulation in 10 CFR Part 50, Appendix H, provides the NRC staff's criteria for the design and implementation of RPV material surveillance programs for operating lightwater reactors. Implementing this NRC approved methodology does not reduce the ability to protect the reactor coolant pressure boundary as specified in Appendix G, nor will this change increase the probability of malfunction of plant equipment, or the failure of plant structures, systems, or components. Incorporation of the new methodology for calculating P-T curves, and the relocation of the P-T curves from the TS to the PTLR provides an equivalent level of assurance that the RCPB is capable of performing its intended safety functions. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed change does not affect the assumed accident performance of the RCPB, nor any plant structure, system, or component previously evaluated. The proposed change does not involve the installation of new equipment, and installed equipment is not being operated in a new or different manner. The change in methodology ensures that the RCPB remains capable of performing its safety functions. No set points are being changed which would alter the dynamic response of plant equipment. Accordingly, no new failure modes are introduced which could introduce the possibility of a new or different kind of accident from any previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed change does not affect the function of the RCPB or its response during plant transients. There are no changes proposed which alter the set points at which protective actions are initiated, and there is no change to the operability requirements for equipment assumed to operate for accident mitigation. This change adopts the methodology of SIR-05-044-A, “Pressure-Temperature Limits Report Methodology for Boiling Water Reactors”, dated April 2007 for preparation of the pressure and temperature curves. Therefore, the proposed change does not involve a significant reduction in a margin of safety. This change adopts the methodology of SIR-05-044-A, “Pressure-Temperature Limits Report Methodology for Boiling Water Reactors”, dated April 2007 for preparation of the pressure and temperature curves, and incorporates the guidance of TSTF-419-A (“Revise PTLR Definition and References in ISTS 5.6.6, RCS PTLR”). In an NRC Safety Evaluation Report dated February 6, 2007, the NRC staff has found that SIR-05-044 is acceptable for referencing in licensing applications for General Electric-designed boiling water reactors.” The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. *Attorney for licensee:* Mr. William C. Dennis, Assistant General Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, NY 10601. NRC Branch Chief: Mark G. Kowal. Entergy Nuclear Operations, Inc., Docket Nos. 50-247 and 50-286, Indian Point Nuclear Generating Unit Nos. 2 and 3, Westchester County, New York *Date of amendment request:* March 13, 2008. *Description of amendment request:* The proposed amendment would revise the Updated Final Safety Analysis Reports (UFSARs) for Indian Point Nuclear Generating Unit Nos. 2 and 3 to reflect a revised Emergency Core Cooling System
(ECCS)and Component Cooling Water System
(CCWS)single passive failure analysis and the recirculation phase backup capability. *Basis for proposed no significant hazards consideration determination:* As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The probabilities of accidents previously evaluated are based on the probability of initiating events for these accidents. The proposed changes to the ECCS and CCWS (Unit 2 only) passive failure and recirculation phase backup capability licensing basis do not have any impact on the integrity of any plant system, structure or component that initiates an analyzed event. The ECCS system and the CCWS are accident mitigating systems under these conditions and therefore cannot cause accidents. Thus the probability of any accident previously evaluated is not significantly increased. The consequences of accidents previously evaluated are determined by the results of analyses that are based on plant initial conditions, the type of accident, plant response, and the operation and potential failure of equipment and systems. Because a passive failure within 24 hours of the initiating event is not a credible failure, the ECCS and the CCWS (Unit 2 only) will continue to operate as required for accident mitigation. Therefore, the consequences of the accident are not significantly impacted by this proposed change. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. New or different kinds of accidents can only be created by new or different accident initiators or sequences. The proposed changes do not create any new or different accident initiators because these changes do not cause failures of equipment or accident sequences different from those previously evaluated. The ECCS and CCWS (Unit 2 only) systems affected by the changes are used to mitigate the consequences of an accident that has already occurred. The proposed UFSAR changes do not significantly affect the mitigative function of these systems. No new failure mechanisms will be introduced by the proposed changes. The changes do not result in any event previously deemed incredible being made credible. Therefore, plant operation in accordance with the proposed changes will not create the possibility of a new or different [kind] of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed amendment does not involve a significant reduction in a margin of safety. The proposed changes do not adversely affect plant safety limits, set points, or design parameters. The proposed changes assure that the ECCS, and Containment Spray recirculation functions can be adequately accomplished. The proposed changes do not have any impact on the integrity of any plant system, structure or component that initiates an analyzed event. The proposed changes do revise the ECCS and CCWS (Unit 2 only) licensing basis. The revised licensing bases were appropriately evaluated to ensure that there was no significant reduction in the margin of safety. The ECCS and CCWS will continue to provide accident mitigation capability. Therefore, the proposed change will not create a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. *Attorney for licensee:* Mr. William C. Dennis, Assistant General Counsel, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, NY 10601. *NRC Branch Chief:* Mark G. Kowal. Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457, Braidwood Station, Units 1 and 2, Will County, Illinois Docket Nos. STN 50-454 and STN 50-455, Byron Station, Unit Nos. 1 and 2, Ogle County, Illinois *Date of amendment request:* April 9, 2008. *Description of amendment request:* The proposed amendments would revise Technical Specifications
(TSs)5.5.6, “Pre-Stressed Concrete Containment Tendon Surveillance Program,” and 5.6.8, “Tendon Surveillance Report,” for consistency with the requirements of Title 10 *Code of Federal Regulations* (10 CFR) section 50.55a, “Codes and standards,” paragraph (g)(4) for components classified as American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code) Class CC. Specifically, the proposed changes would replace or delete the reference to the specific ASME Code year for the tendon surveillance program with a requirement to use the applicable ASME Code and addenda as required by 10 CFR 50.55a(g)(4). *Basis for proposed no significant hazards consideration determination:* As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed change revises the TS administrative controls program for consistency with the requirements of 10 CFR 50.55a(g)(4) for components classified as Code Class CC. The revised requirements do not affect the function of the containment post-tensioning system components. The post-tensioning systems are passive components whose failure modes could not act as accident initiators or precursors. The proposed change does not impact the physical configuration or function of plant structures, systems, or components
(SSCs)or the manner in which SSCs are operated, maintained, modified, tested, or inspected. The proposed change does not impact the initiators or assumptions of analyzed events, nor does it impact the mitigation of accidents or transient events. The proposed change does not impact any accident initiators or analyzed events or assumed mitigation of accident or transient events. It does not involve the addition or removal of any equipment, or any design changes to the facility. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed change revises the TS administrative controls program for consistency with the requirements of 10 CFR 50.55a(g)(4) for components classified as Code Class CC. The function of the containment post-tensioning system components is not altered by this change. The proposed change does not involve a modification to the physical configuration of the plant (i.e., no new equipment will be installed) or change in the methods governing normal plant operation. The proposed change will not impose any new or different requirements or introduce a new accident initiator, accident precursor, or malfunction mechanism. Additionally, there is no change in the types or increases in the amounts of any effluent that may be released off-site and there is no increase in individual or cumulative occupational exposure. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed change revises the TS administrative controls program requirements for consistency with the requirements of 10 CFR 50.55a(g)(4) for components classified as Code Class CC. The function of the containment post-tensioning system components are not altered by this change. The change is conforming and administrative in nature in that it will allow the TS to be updated to refer to the most recently approved edition of the ASME Boiler and Pressure Vessel Code Subsection IWL. The safety function of the containment as a fission product barrier will be maintained. Therefore, the proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. *Attorney for licensee:* Mr. Bradley J. Fewell, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555. *NRC Branch Chief:* Russell Gibbs. Exelon Generation Company, LLC, Docket Nos. 50-352 and 50-353, Limerick Generating Station, Units 1 and 2, Montgomery County, Pennsylvania *Date of amendment request:* November 13, 2007. *Description of amendment request:* The proposed changes delete footnotes from technical specification
(TS)Surveillance Requirement
(SR)4.4.1.2, regarding the reactor coolant system jet pumps, which require using data recorded from the original startup test program as a baseline for evaluating jet pump performance in accordance with the TS SR. Due to physical changes in plant configuration, the original baseline data may not reflect the most current performance characteristics of the jet pumps, and hence, its use could impact the accuracy of the TS SR results. This change provides the flexibility to re-establish baseline characteristics when warranted. *Basis for proposed no significant hazards consideration determination:* As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below, with NRC staff edits in brackets: 1. Do the proposed changes involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed changes provide the ability to re-establish recirculation pump flow, core flow, or diffuser-to-lower plenum differential pressure characteristics, provided as the basis for performing the Technical Specification
(TS)jet pump surveillances, based on physical changes to the plant that could affect the accuracy of the TS SR required comparison. The proposed changes do not impact the physical configuration or function of plant structures, systems, or components
(SSCs)or the manner in which SSCs are operated, maintained, modified, or inspected [with the exception of a periodic re-baseline of the jet pump test acceptance criteria]. The proposed changes do not impact the initiators or assumptions of analyzed events, nor do they impact mitigation of accidents or transient events. [The proposed changes will continue to ensure that potential jet pump degradation is detected prior to failure and, as a result, ensure that the current margin of safety is maintained during postulated accidents]. Therefore, the proposed changes do not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Do the proposed changes create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed changes provide the ability to re-establish recirculation pump flow, core flow, or diffuser-to-lower plenum differential pressure patterns or characteristics, provided as the basis for performing the TS jet pump surveillances, based on physical changes to the plant that could affect the accuracy of the TS SR required comparison. The proposed changes do not alter plant configuration, require that new plant equipment be installed, alter assumptions made about accidents previously evaluated, or impact the function of plant SSCs or the manner in which SSCs are operated, maintained, modified, or inspected [with the exception of a periodic re-baseline of the jet pump test acceptance criteria]. Therefore, the proposed changes do not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Do the proposed changes involve a significant reduction in a margin of safety? Response: No. The proposed changes provide the ability to re-establish recirculation pump flow, core flow, or diffuser-to-lower plenum differential pressure patterns or characteristics, provided as the basis for performing the TS jet pump surveillances, based on physical changes to the plant that could affect the accuracy of the TS SR required comparison. The proposed changes do not involve any physical changes to plant SSCs or the manner in which SSCs are operated, maintained, modified, or inspected [with the exception of a periodic re-baseline of the jet pump test acceptance criteria]. The proposed changes do not involve a change to any safety limits, limiting safety system settings, limiting conditions of operation, or design parameters for any SSC. The proposed changes do not impact any safety analysis assumptions and do not involve a change in initial conditions, system response times, or other parameters affecting an accident analysis. [The proposed changes will continue to ensure that potential jet pump degradation is detected prior to failure and, as a result, ensure that the current margin of safety is maintained during postulated accidents.] Therefore, the proposed changes do not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, with the changes noted above, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. *Attorney for licensee:* J. Bradley Fewell, Esquire, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555. *NRC Branch Chief:* Harold K. Chernoff. Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, Alabama Southern Nuclear Operating Company, Inc., Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, City of Dalton, Georgia, Docket Nos. 50-321 and 50-366; Edwin I. Hatch Nuclear Plant, Units 1 and 2, Appling County, Georgia Southern Nuclear Operating Company, Inc., Docket Nos. 50-424 and 50-425; Vogtle Electric Generating Plant, Units 1 and 2, Burke County, Georgia *Date of amendment request:* June 12, 2008. *Description of amendment request:* The proposed amendments would revise the current Technical Specifications
(TS)5.2.2.f for the Farley, Hatch and Vogtle plants to require either the Operations Manager or at least one Operations Superintendent to hold a Senior Reactor Operator
(SRO)license and to provide conforming changes to TS 5.3. An application that addressed only the TS 5.2.2.f issue was submitted on July 17, 2007, and notice of that application was provided in the **Federal Register** on September 25, 2007, for Farley (72 FR 5480), Hatch (72 FR 54481), and Vogtle (72 FR 54482). Due to changes in the June 12, 2008 application from those proposed in the July 17, 2007 application, the changed application is being renoticed in its entirety. This notice supersedes the previous notice published in the **Federal Register** on September 25, 2007. *Basis for proposed no significant hazards consideration determination:* As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed amendment involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. The proposed change to TS 5.2 revises the requirement concerning the Operations management position that must hold an SRO license. At least one Operations Superintendent or the Operations Manager will continue to maintain an SRO license. The proposed change to TS 5.3.1 is a clarification regarding the qualifications of the Operations Manager. This clarification states that TS 5.2.2.f specifies the requirements for the Operations Manager regarding the holding of an SRO license. The training, qualification and experience requirements for Operations management personnel will continue to satisfy the Unit Staff Qualifications as described in the applicable TS 5.3.1. This change does not impact any accident initiators or analyzed events. It does not impact any assumed mitigation capability for any accident or transient event. The change does not involve the addition or removal of any equipment or any design changes to the facility. As the proposed change is administrative in nature, operation of the facility in accordance with the proposed amendment does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed amendment create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. The proposed change to TS 5.2 revises the requirement concerning the Operations management position that must hold an SRO license. At least one Operations Superintendent or the Operations Manager will continue to maintain an SRO license. The proposed change to TS 5.3.1 is a clarification regarding the qualifications of the Operations Manager. This clarification states that TS 5.2.2.f specifies the requirements for the Operations Manager regarding the holding of an SRO license. The training, qualification and experience requirements for Operations management personnel will continue to satisfy the Unit Staff Qualifications as described in the applicable TS 5.3.1. This change does not involve any physical modifications to plant structures, systems, or components (SSCs), or the manner in which SSCs are operated, maintained, modified, tested, or inspected. In addition, there is no change in the types or increases in the amounts of effluents that may be released offsite, and there is no increase in individual or cumulative occupational radiation exposure. As the proposed change is administrative in nature, operation of the facility in accordance with the proposed amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. The proposed change to TS 5.2 revises the requirement concerning the Operations management position that must hold an SRO license. At least one Operations Superintendent or the Operations Manager will continue to maintain an SRO license. The subject Operations Superintendent will be qualified to fill the Operations Manager position and have the same management authority over licensed operators as the Operations Manager. The proposed change to TS 5.3.1 is a clarification regarding the qualifications of the Operations Manager. This clarification states that TS 5.2.2.f specifies the requirements for the Operations Manager regarding the holding of an SRO license. The training, qualification and experience requirements for Operations management personnel will continue to satisfy the Unit Staff Qualifications as described in the applicable TS 5.3.1. This change does not involve any physical modifications to SSCs, or the manner in which SSCs are operated, maintained, modified, tested, or inspected. The change does not alter the manner in which safety limits, limiting safety system settings, or limiting conditions for operation are determined. The setpoints at which protective actions are initiated are not altered by the change. As the proposed change is administrative in nature, operation of the facility in accordance with the proposed amendment does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. *Attorney for licensee:* Farley: M. Stanford Blanton, Esq., Balch and Bingham, Post Office Box 306, 1710 Sixth Avenue North, Birmingham, Alabama 35201; Hatch: Ernest L. Blake, Jr., Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NW., Washington, DC 20037; Vogtle: Mr. Arthur H. Domby, Troutman Sanders, NationsBank Plaza, Suite 5200, 600 Peachtree Street, NE., Atlanta, Georgia 30308-2216. *NRC Branch Chief:* Melanie C. Wong. Previously Published Notices of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The following notices were previously published as separate individual notices. The notice content was the same as above. They were published as individual notices either because time did not allow the Commission to wait for this biweekly notice or because the action involved exigent circumstances. They are repeated here because the biweekly notice lists all amendments issued or proposed to be issued involving no significant hazards consideration. For details, see the individual notice in the **Federal Register** on the day and page cited. This notice does not extend the notice period of the original notice. Dominion Nuclear Connecticut, Inc., Docket Nos. 50-336 and 50-423, Millstone Power Station, Unit Nos. 2 and 3, New London County, Connecticut *Date of amendment request:* July 13, 2007. *Brief description of amendment request:* The proposed amendment would modify the Technical Specifications
(TSs)and facility operating licenses in response to the application dated July 13, 2007, as supplemented by letters dated December 7, 2007, March 5 and 25, 2008, and April 28, 2008. The proposed amendment would establish more effective and appropriate action, surveillance, and administrative requirements related to ensuring the habitability of the control room envelope in accordance with the Commission-approved TS Task Force
(TSTF)Standard Technical Specification change traveler TSTF-448, Revision 3, “Control Room Habitability.” Additionally, the proposed amendment would change the “irradiated fuel movement” terminology and adopt “movement of recently irradiated fuel assemblies” terminology consistent with TSTF-448, Revision 3. *Date of publication of individual notice in* Federal Register : May 16, 2008 (73 FR 28534). *Expiration dates of individual notice:* June 16, 2008 (Public comments) and July 15, 2008 (Hearing requests). *Florida Power and Light Company, et al., Docket No. 50-389, St. Lucie Plant, Unit No. 2, St. Lucie County, Florida* *Date of amendment request:* July 16, 2007, as supplemented June 2, 2008. *Description of amendment request:* To modify the operating licensing bases to adopt the alternative source term as allowed in 10 CFR 50.67 and described in Regulatory Guide 1.183. The licensee proposes to revise the licensing basis through reanalysis of the following radiological consequences of the Updated Final Safety Analysis Report Chapter 15 accidents: Loss-of-Coolant Accident, Fuel-Handling Accident, Main Steam Line Break, Steam Generator Tube Rupture, Reactor Coolant Pump Shaft Seizure, Control Element Assembly Ejection, and Inadvertent Opening of a Main Steam Safety Valve. *Date of publication of individual notice in the* Federal Register : June 12, 2008 (73 FR 33460). *Expiration date of individual notice:* July 14, 2008 (comments) and August 11, 2008 (hearing). Notice of Issuance of Amendments to Facility Operating Licenses During the period since publication of the last biweekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing in connection with these actions was published in the **Federal Register** as indicated. Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.22(b) and has made a determination based on that assessment, it is so indicated. For further details with respect to the action see
(1)the applications for amendment,
(2)the amendment, and
(3)the Commission's related letter, Safety Evaluation and/or Environmental Assessment as indicated. All of these items are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1
(800)397-4209,
(301)415-4737 or by e-mail to *pdr@nrc.gov* . Carolina Power & Light Company, et al., Docket No. 50-400, Shearon Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North Carolina *Date of application for amendment:* June 15, 2007, as supplemented by letter dated March 6, 2008. *Brief description of amendment:* This amendment relocates the Inservice Testing
(IST)requirements to the administrative section of the Technical Specifications (TSs), removes the Inservice Inspection
(ISI)requirements from the TSs, and establishes a TS Bases Control Program. Specifically, the amendment deletes TS 4.0.5, relocates the IST requirements to section 6 of the TSs as a separate program, and establishes a TS Bases Control Program consistent with NUREG-1431, Revision 3.0, “Standard Technical Specifications—Westinghouse Plants.” This amendment supports the third 10-year intervals of the ISI and IST programs at the Shearon Harris Nuclear Plant, Unit 1. *Date of issuance:* June 12, 2008. *Effective date:* Effective as of the date of issuance and shall be implemented within 60 days. *Amendment No.:* 127. *Operating License No. NPF-63:* The amendment revises the TSs and Facility Operating License. *Date of initial notice in* Federal Register: July 31, 2007 (72 FR 41782). *Public comments requested as to proposed no significant hazards consideration:* No. The Commission's related evaluation of the amendment is contained in a safety evaluation dated June 12, 2008. *Attorney for licensee:* David T. Conley, Associate General Counsel II—Legal Department, Progress Energy Service Company, LLC, Post Office Box 1551, Raleigh, North Carolina 27602-1551. *NRC Branch Chief:* Thomas H. Boyce. Entergy Nuclear Operations, Inc., Docket No. 50-286, Indian Point Nuclear Generating Unit No. 3, Westchester County, New York *Date of application for amendment:* February 28, 2008. *Brief description of amendment:* The amendment revises the containment buffering agent used for pH control under post loss-of-coolant accident
(LOCA)conditions, from sodium hydroxide to sodium tetraborate. *Date of issuance:* June 9, 2008. *Effective date:* As of the date of issuance, and shall be implemented within 60 days. *Amendment No.:* 236. *Facility Operating License Nos. DPR-64:* The amendment revised the License and the Technical Specifications. *Date of initial notice in* Federal Register: April 8, 2008 (73 FR 19109). The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 9, 2008. No significant hazards consideration comments received: No. Entergy Nuclear Operations, Inc., Docket Nos. 50-247 and 50-286, Indian Point Nuclear Generating Unit Nos. 2 and 3, Westchester County, New York *Date of application for amendment:* December 20, 2007. *Brief description of amendment:* The amendments revise the Technical Specifications
(TSs)associated with the definition of E Bar and Reactor Coolant System
(RCS)Specific Activity consistent with Revision 0 to the TS Task force
(TSTF)Standard Technical Specification Change Document TSTF-490, “Deletion of E Bar Definition and Revision to RCS Specific Activity Tech Spec.” *Date of issuance:* June 17, 2008. *Effective date:* As of the date of issuance, and shall be implemented within 60 days. *Amendment Nos.:* 254 and 237. *Facility Operating License Nos. DPR-26 and DPR-64:* The amendment revised the License and the Technical Specifications. *Date of initial notice in* Federal Register: March 25, 2008 (73 FR 15786). The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 17, 2008. No significant hazards consideration comments received: No. Virginia Electric and Power Company, et al., Docket Nos. 50-280 and 50-281, Surry Power Station, Unit Nos. 1 and 2, Surry County, Virginia *Date of application for amendments:* June 25, 2007, as supplemented on November 14, 2007, January 10, and April 11, 2008. *Brief description of amendments:* These amendments increased the maximum Technical Specification
(TS)service water
(SW)temperature limit from 95 °F to 100 °F, and revised the TS Figure 3.8-1, which provides the allowable containment air partial pressure versus SW temperature. *Date of issuance:* June 17, 2008. *Effective date:* As of the date of issuance and shall be implemented within 30 days. *Amendment Nos.:* 259 and 259. *Renewed Facility Operating License Nos. DPR-32 and DPR-37:* Amendments changed the licenses and the technical specifications. *Date of initial notice in* Federal Register: July 17, 2007 (72 FR 39084). The supplements dated November 14, 2007, January 10 and April 11, 2008, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination. The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated June 17, 2008. No significant hazards consideration comments received: No. Dated at Rockville, Maryland, this 18th day of June, 2008. For the Nuclear Regulatory Commission. Timothy J. McGinty, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-14342 Filed 6-30-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Governors' Designees Receiving Advance Notification of Transportation of Nuclear Waste On January 6, 1982 (47 FR 596 and 47 FR 600), the U.S. Nuclear Regulatory Commission
(NRC)published in the **Federal Register** final amendments to 10 CFR Parts 71 and 73 (effective July 6, 1982), that require advance notification to Governors or their designees by NRC licensees prior to transportation of certain shipments of nuclear waste and spent fuel. The advance notification covered in Part 73 is for spent nuclear reactor fuel shipments and the notification for Part 71 is for large quantity shipments of radioactive waste (and of spent nuclear reactor fuel not covered under the final amendment to 10 CFR Part 73). The following list updates the names, addresses, and telephone numbers of those individuals in each State who are responsible for receiving information on nuclear waste shipments. The list will be published annually in the **Federal Register** on or about June 30, to reflect any changes in information. Current State contact information can also be accessed throughout the year at *http://nrc-stp.ornl.gov/special/designee.pdf* . Questions regarding this matter should be directed to Stephen N. Salomon, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, by e-mail at *Stephen.Salomon@nrc.gov* or by telephone at 301-415-2368. Dated at Rockville, Maryland this 25th day of June 2008. For the U.S. Nuclear Regulatory Commission. Dennis K. Rathbun, Director, Division of Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs. Individuals Receiving Advance Notification of Nuclear Waste Shipments State Part 71 Part 73 Alabama Colonel J. Christopher Murphy, Director, Alabama Department of Public Safety, 301 Ripley Street, Montgomery, AL 36104,
(334)242-4394, 24 hours:
(334)242-4128 Same. Alaska Douglas H. Dasher, PE, Alaska Monitoring and Assessment Section Manager, 610 University Avenue, Fairbanks, AK 99709,
(907)451-2172, 24 hours:
(907)457-1421 Same. Arizona Aubrey V. Godwin, Director, Arizona Radiation Regulatory Agency, 4814 South 40th Street, Phoenix, AZ 85040,
(602)255-4845, ext. 222, 24 hours:
(602)223-2212 Same. Arkansas Bernard Bevill, Radiation Control Section, Arkansas Department of Health and Human Services, P.O. Box 1437, Mail Slot H-30, Little Rock, AR 72203-1437,
(501)661-2107, 24 hours:
(501)661-2136 Same. California Captain Steve Dowling, California Highway Patrol, Enforcement Services Division, 444 North 3rd St., Suite 310, P.O. Box 942898, Sacramento, CA 94298-0001,
(916)445-1865, 24 hours: 1-(916) 861-1299 Same. Colorado Captain Allan Turner, Hazardous Materials Transport Safety and Response, Colorado State Patrol, Troop 8, 15065 S. Golden Rd., Denver, CO 80401-3990,
(303)273-1910, 24 hours:
(303)239-4501 Same. Connecticut Edward L. Wilds, Jr., Ph.D., Director, Radiation Division, Department of Environmental Protection, 79 Elm Street, 5th floor, Hartford, CT 06106-5127,
(860)424-3029, 24 hours:
(860)424-3333 Same. Delaware David B. Mitchell, J.D., Secretary, Department of Safety & Homeland Security, P.O. Box 818, 303 Transportation Circle, Dover, DE 19903-0818,
(302)744-2680, 24 hours: Cell
(302)222-6590 Same. Florida John Williamson, Environmental Administrator, Bureau of Radiation Control, Environmental Radiation Program, Department of Health, P.O. Box 680069, Orlando, FL 32868-0069,
(407)297-2095, 24 hours:
(407)297-2095 Same. Georgia Captain Bruce Bugg, Special Projects Coordinator, Georgia Department of Public Safety, Motor Carrier Compliance Division, P.O. Box 1456-Atlanta, GA 30371, 959 E. Confederate Avenue, SE, Atlanta, GA 30316,
(404)624-7226, 24 hours:
(404)635-7200 Same. Hawaii Laurence K. Lau, Deputy Director, for Environmental Health, Hawaii State Department of Health, P.O. Box 3378, 1250 Punchbowl Street, Suite 325, Honolulu, HI 96813,
(808)586-4424, 24 hours:
(808)368-6004 Chiyome L. Fukino, M.D., Director of Health, Hawaii State Department of Health, P.O. Box 3378, Honolulu, HI 96813,
(808)586-4424, 24 hours:
(808)368-6004 Same. Idaho Lieutenant William L. Reese, Deputy Commander, Commercial Vehicle Safety, Idaho State Police, P.O. Box 700, Meridian, ID 83680-0700,
(208)884-7220, 24 hours:
(208)846-7500 Same. Illinois Joseph G. Klinger, Assistant Director, Illinois Emergency Management Agency, Division of Nuclear Safety, 1035 Outer Park Drive, 5th Floor, Springfield, IL 62704,
(217)785-9868, 24 hours:
(217)782-7860 Same. Indiana Superintendent Paul Whitesell, Ph.D., Indiana State Police, IGCN, 100 N Senate Avenue, 3rd Floor, Indianapolis, IN 46204,
(317)232-8248 Same. Iowa David L. Miller, Administrator, Iowa Homeland Security and Emergency Management Division, 7105 Northwest 70th Avenue, Camp Dodge, Building W-4, Johnston, IA 50131,
(515)725-3231, 24 hours:
(515)725-3231 Same. Kansas Jennifer Clark, Technological Hazards Section Chief, Department of the Adjutant General, Division of Emergency Management, 2800 SW Topeka Boulevard, Topeka, KS 66611-1287,
(785)274-1394, 24 hours:
(785)296-3176 Same. Kentucky Dewey Crawford, Manager, Radiation Health and Toxic Agents Branch, Cabinet for Health and Family Services, 275 East Main Street, Mail Stop HS-1C-A, Frankfort, KY 40621-0001,
(502)564-3700, ext 3695, 24 hours:
(502)667-1637 Same. Louisiana Captain Dwayne White, Louisiana State Police, 7919 Independence Boulevard, P.O. Box 66614 (#A2621), Baton Rouge, LA 70896-6614,
(225)925-6113, ext. 270, 24 hours:
(877)925-6595 Same. Maine Colonel Pat Fleming, Chief of the State Police, Maine Department of Public Safety, 42 State House Station, Augusta, ME 04333-0042,
(207)624-7200 Same. Maryland Michael Bennett, Director, Electronic Systems Division, Maryland State Police, 1201 Reisterstown Road, Pikesville, MD 21208,
(410)653-4229, 24 hours:
(410)653-4200 Same. Massachusetts Robert J. Walker, Director, Radiation Control Program, Massachusetts Department of Public Health, Shraffts Building, Mezzanine Level, 529 Main Street Suite 1M2A, Charlestown, MA 02129,
(617)242-3035, 24 hours:
(617)242-3453 Same. Michigan Captain Dan Atkinson, Commander, Special Operations Division, Michigan State Police, 4000 Collins Rd, Lansing, MI 48910,
(517)336-6136, 24 hours:
(517)241-8000 Same. Minnesota Kevin C. Leuer, Director, Preparedness Branch, Minnesota Division of Homeland Security & Emergency Management, 444 Cedar Street, Suite 223, St. Paul, MN 55101-6223,
(651)201-7406, 24 hours:
(651)649-5451 or 1-800-422-0798 Same. Mississippi Harrell B. Neal, Program Manager, Mississippi Emergency Management Agency, Office of Preparedness-Plans Bureau, P.O. Box 5644, #1 MEMA Drive 39208, Pearl, MS 39296-6957,
(601)933-6369, 24 hours:
(800)352-9100 Same. Missouri Ronald Reynolds, Director, Emergency Management Agency, P.O. Box 116, 2302 Militia Drive, Jefferson City, MO 65102,
(573)526-9101, 24 hours:
(573)751-2748 Same. Montana Dan McGowan, Administrator, Homeland Security Advisor, Montana Disaster and Emergency Services Division, 56 MT Majo Street, P.O. Box 4789, Fort Harrison, MT 59636-4789,
(406)841-3911, 24 hours:
(406)841-3911 Same. Nebraska Lieutenant Carla Schreiber, Nebraska State Patrol, P.O. Box 94907, Lincoln, NE 68509-4907,
(402)479-4031, 24 hours:
(402)471-4545 Same. Nevada Karen K. Beckley, Supervisor, Radiological Health Section, Bureau of Health Protection Services, Nevada State Health Division, 4150 Technology Way, Suite 300, Carson City, NV 89706,
(775)687-7540, 24 hours: 1-877-438-7231 Same. New Hampshire Sergeant Nathan Boothby, State Police, Troop G, 33 Hazen Drive, Concord, NH 03305,
(603)223-8778, 24 hours:
(603)271-3636 Same. New Jersey Paul Baldauf, Assistant Director, Radiation Protection Programs, Division of Environmental Safety, Health & Analytical Programs, Department of Environmental Protection, P.O. Box 415, Trenton, NJ 08625-0415,
(609)984-5636, 24 hours:
(609)658-3072 Same. New Mexico Don Shainin, Technical Hazards Unit Leader, New Mexico Department of Homeland Security and Emergency Management (DHSEM), P.O. Box 27111, Santa Fe, NM 87502,
(505)476-9628, 24 hours:
(505)476-9635 Same. New York John R. Gibb, Director, New York State Emergency Management Office, 1220 Washington Avenue, Building 22—Suite 101, Albany, NY 12226-2251,
(518)292-2300, 24 hours:
(518)292-2200 Same. North Carolina First Sergeant Joseph A. Cotton, Hazardous Materials Coordinator, North Carolina Highway Patrol, Special Operations, 1142 Southeast Maynard Road, Cary, NC 27511,
(919)319-1523, 24 hours:
(919)733-3861 Same. North Dakota Terry L. O'Clair, Director, Division of Air Quality, North Dakota Department of Health, 918 East Divide Avenue—2nd Floor, Bismarck, ND 58501-1947,
(701)328-5178, 24 hours:
(701)328-9921 Same. Ohio Carol A. O'Claire, Chief, Radiological Branch, Ohio Emergency Management Agency, 2855 West Dublin Granville Road, Columbus, OH 43235-2206,
(614)799-3915, 24 hours:
(614)889-7150 Same. Oklahoma Major Gregory Allen, Oklahoma Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136-0145,
(405)425-7701, 24 hours:
(405)425-2323 Same. Oregon Ken Niles, Assistant Director, Nuclear Safety & Energy Siting Division, Oregon Department of Energy, 625 Marion Street, NE, Salem, OR 97301-3737,
(503)378-4906, 24 hours:
(503)370-3500 Same. Pennsylvania Scott Forster, State Emergency Operations Coordinator, Director of Operations and Training, Pennsylvania Emergency Management Agency, 2605 Interstate Drive, Harrisburg, PA 17110-3321,
(717)651-2001, 24 hours:
(717)651-2001 Same. Rhode Island Terrence Mercer, Associate Administrator, Motor Carriers Section, Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, RI 02888,
(401)941-4500, Ext. 150, 24 hours:
(401)444-1183 (State Police) Same. South Carolina Susan Jenkins, Bureau of Land and Waste Management, Department of Health & Environmental Control, 2600 Bull Street, Columbia, SC 29201,
(803)896-4181, 24 hours:
(803)667-0019 Same. South Dakota Kristi Turman, Director of Operations, Office of Emergency Management Agency, 118 W. Capitol Avenue, Pierre, SD 57501-2000,
(605)773-3231 Same. Tennessee Elgan Usrey, Assistant Director, Preparedness, Tennessee Emergency Management Agency, 3041 Sidco Drive, Nashville, TN 37204-1502,
(615)741-2879, 24 hours:
(615)741-0001 Same. Texas Richard A. Ratliff, P.E. L.M.P., Radiation Safety Licensing Branch Manager, Division for Regulatory Services, Texas Department of State Health Services, Mail Code 2835, PO Box 149347, Austin, TX 78714-9347,
(512)834-6679, 24 hours:
(512)458-7460 Colonel Thomas A. Davis, Director, Texas Department of Public Safety, Attn: Technological Hazards Group, P.O. Box 4087, Austin, TX 78773-0223,
(512)424-7771, Fax:
(512)424-5708, 24 hours:
(512)424-2208. Utah Dane Finerfrock, Director, Division of Radiation Control, Department of Environmental Quality, 168 North 1950 West, P.O. Box 144850, Salt Lake City, UT 84114-4850,
(801)536-4257, After hours:
(801)536-4123 Same. Vermont Thomas R. Tremblay, Commissioner, Department of Public Safety, Division of State Police, 103 South Main Street, Waterbury, VT 05671-2101,
(802)844-8718, 24 hours:
(802)244-8727 Same. Virginia Brett A. Burdick, Director, Technological Hazards Division, Virginia Department of Emergency Management, 10501 Trade Court, Richmond, VA 23236,
(804)897-6500, ext. 6569, 24 hours:
(804)674-2400 Same. Washington Paul Perz, Washington State Patrol, Fire Protection Bureau, P.O. Box 42600, Olympia, WA 98504-2600,
(360)596-3919, 24 hours: 1-800-409-4755 Same. West Virginia Colonel D. L. Lemmon, Superintendent, West Virginia State Police, 725 Jefferson Road, South Charleston, WV 25309,
(304)746-2111, 24 hours:
(301)746-2158 Same. Wisconsin Johnnie L. Smith, Administrator, Wisconsin Emergency Management, P.O. Box 7865, Madison, WI 53707-7865, 608-242-3210, 24 hour:
(608)242-3232 Same. Wyoming Captain Vernon Poage, Support Services Officer, Commercial Carriers, Wyoming Highway Patrol, 5300 Bishop Boulevard, Cheyenne, WY 82009-3340,
(307)777-4312, 24 hours:
(307)777-4321 Same. District of Columbia Gregory B. Talley, Program Manager, Radiation Protection Division, Health, Regulation & Licensing Administration, Department of Health, 717 14th Street, NE, Room 639, Washington, DC 20005,
(202)741-7686, 24 hours:
(202)727-1000 Same. Puerto Rico Dr. Rosa Perez-Perdomo, Secretary of Health, P.O. Box 70184, San Juan, PR 00936-8184,
(787)765-2929, ext. 3377, 24 hours:
(787)765-2929, ext. 3377 Same. Guam Lorilee T. Crisostomo, Administrator, Guam Environmental Protection Agency, P.O. Box 22439, Barrigada, Guam 96921,
(671)475-1658, Fax:
(671)477-9402, 24 hours:
(671)635-9500 Same. Virgin Islands Robert S. Mathes, Commissioner, Department of Planning and Natural Resources, 8100 Linberg Bay, Ste #61, St. Thomas, Virgin Islands 00802,
(340)774-3320, 24 hours:
(340)774-5138 Same. American Samoa Pati Faiai, Government Ecologist, American Samoa Environmental Protection Agency, Office of the Governor, Pago Pago, American Samoa 96799,
(684)633-2304, 24 hours:
(684)622-7106 Same. Commonwealth of the Northern Mariana Islands Dr. Ignacio T. dela Cruz, D.V.M. Secretary, Department of Lands & Natural Resources Commonwealth of Northern Mariana Islands, Caller Box 10007, Saipan, MP 96950,
(670)322-9830; 322-5017 Same. [FR Doc. E8-14860 Filed 6-30-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 52-024] Entergy Operations, Inc. et al.; Notice of Hearing and Opportunity To Petition for Leave To Intervene and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation on a Combined License for the Grand Gulf Unit 3 Pursuant to the Atomic Energy Act of 1954, as amended, and the regulations in Title 10 of the *Code of Federal Regulations* (10 CFR) Part 2, “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,” 10 CFR Part 50, “Domestic Licensing of Production and Utilization Facilities,” and 10 CFR Part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” notice is hereby given that a hearing will be held, at a time and place to be set in the future by the U.S. Nuclear Regulatory Commission (NRC, the Commission) or designated by the Atomic Safety and Licensing Board (Board). The hearing will consider the application dated February 27, 2008, filed by Entergy Operations, Inc., on behalf of itself and Entergy Mississippi, Inc., Entergy Louisiana, LLC, Entergy Gulf States Louisiana, LLC, and System Energy Resources, Inc. (SERI), pursuant to Subpart C of 10 CFR Part 52, for a combined license (COL). The application, which was supplemented by letters dated April 9, 2008, and April 11, 2008, requests approval of a COL for Grand Gulf Unit 3, located in Claiborne County, Mississippi. The application was accepted for docketing on April 17, 2008. The docket number established for this is 52-024. The Grand Gulf Unit 3 COL application references the Early Site Permit (ESP-002) granted to SERI for the Grand Gulf ESP site, which was issued on April 5, 2007, and the application for certification of the economic simplified boiling water reactor (ESBWR) design, which was initially submitted on August 24, 2005. The hearing will be conducted by a Board that will be designated by the Chairman of the Atomic Safety and Licensing Board Panel or will be conducted by the Commission. Notice as to the membership of the Board will be published in the **Federal Register** at a later date. The NRC staff will complete a detailed technical review of the application and will document its findings in a safety evaluation report. The Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards
(ACRS)in accordance with 10 CFR 52.87, “Referral to the ACRS,” and the ACRS will report on those portions of the application that concern safety. Any person whose interest may be affected by this proceeding and desires to participate as a party to this proceeding must file a written petition for leave to intervene in accordance with 10 CFR 2.309. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A petition for leave to intervene must be filed no later than 60 days from the date of publication of this notice in the **Federal Register** . Non-timely filings will not be entertained absent a determination by the Commission or presiding officer designated to rule on the petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-(viii). Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which was promulgated by the NRC on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the Internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the petitioner must contact the Office of the Secretary by e-mail at *HearingDocket@nrc.gov* , or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each participant will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a participant has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Standard Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Standard Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Standard Time on the due date. Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHDProceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Any person who files a motion pursuant to 10 CFR 2.323 must consult with counsel for the applicant and counsel for the NRC staff who are listed below. Counsel for the applicant are Terence A. Burke,
(601)368-5680, *tburke@entergy.com,* and Steven P. Frantz,
(202)739-5460, *sfrantz@morganlewis.com.* Counsel for the NRC staff in this proceeding are Sara E. Brock,
(301)415-8393, *Sara.Brock@nrc.gov,* and Renee V. Holmes,
(301)415-3319, *Renee.Holmes@nrc.gov.* A person who is not a party may be permitted to make a limited appearance by making an oral or written statement of his or her position on the issues at any session of the hearing or any pre-hearing conference within the limits and conditions fixed by the presiding officer, but may not otherwise participate in the proceeding. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and will be accessible electronically through the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room link at the NRC Web site *http://www.nrc.gov/reading-rm/adams.html* . Persons who do not have access to ADAMS or who encounter problems in accessing documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr.resource@nrc.gov.* The application is available at *http://www.nrc.gov/reactors/new-licensing/col/grand-gulf.html.* The ADAMS accession number for the application cover letter is ML080640433. The ADAMS accession numbers for the supplemental letters are ML081020230 and ML081070304. To search for documents in ADAMS using the Grand Gulf 3 COL application docket number, 52-024, enter the term “05200024” in the “Docket Number” field when using either the Web-based search (advanced search) engine or the ADAMS find tool in Citrix. The Grand Gulf ESP can be found in ADAMS using the accession number ML070780457 or by going to *http://www.nrc.gov/reactors/new-licensing/col/grand-gulf.html.* To search for documents on the Grand Gulf ESP docket, enter “05200009” in the “Docket Number” field in the web-based search (advanced search) engine or the ADAMS find tool. The ESBWR design certification can be found by going to *http://www.nrc.gov/reactors/new-licensing/design-cert/esbwr.html* or by accessing our ADAMS Advanced Web Search and entering “05200010” in the “Docket Number” field to search for documents linked to the ESBWR design certification application. Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation 1. This order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information (including Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI)). 2. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party as defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary for a response to the notice may request access to SUNSI or SGI. A “potential party” is any person who intends or may intend to participate as a party by demonstrating standing and the filing of an admissible contention under 10 CFR 2.309. Requests submitted later than 10 days will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. 3. The requester shall submit a letter requesting permission to access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail address for the Office of the Secretary and the Office of the General Counsel are *HearingDocket@nrc.gov* and *OGCmail@nrc.gov* , respectively. 1 The request must include the following information: 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI and/or SGI under these procedures should be submitted as described in this paragraph. a. A description of the licensing action with a citation to this **Federal Register** notice of hearing and opportunity to petition for leave to intervene; b. The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in (a); c. If the request is for SUNSI, the identity of the individual requesting access to SUNSI and the requester's need for the information in order to meaningfully participate in this adjudicatory proceeding, particularly why publicly available versions of the application would not be sufficient to provide the basis and specificity for a proffered contention; d. If the request is for SGI, the identity of the individual requesting access to SGI and the identity of any expert, consultant or assistant who will aid the requester in evaluating the SGI, and information that shows 1 : 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's “E-Filing Rule,” the initial request to access SUNSI and/or SGI under these procedures should be submitted as described in this paragraph.
(i)Why the information is indispensable to meaningful participation in this licensing proceeding; and,
(ii)The technical competence (demonstrable knowledge, skill, experience, training or education) of the requester to understand and use (or evaluate) the requested information to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant or assistant who demonstrates technical competence as well as trustworthiness and reliability, and who agrees to sign a non-disclosure affidavit and be bound by the terms of a protective order; and, e. If the request is for SGI, Form SF-85, “Questionnaire for Non-Sensitive Positions,” Form FD-248 (fingerprint card), and a credit check release form completed by the individual who seeks access to SGI and each individual who will aid the requester in evaluating the SGI. For security reasons, Form SF-85 can only be submitted electronically, through a restricted-access database. To obtain online access to the form, the requester should contact the NRC's Office of Administration at 301-415-0320. 2 The other completed forms must be signed in original ink, accompanied by a check or money order payable in the amount of $191.00 to the U.S. Nuclear Regulatory Commission for each individual and mailed to the U.S. Nuclear Regulatory Commission, Office of Administration, Security Processing Unit, Mail Stop T-6E46, Washington, DC 20555-0012. 2 The requester will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address. After providing this information, the requester usually should be able to obtain access to the online form within one business day. These forms will be used to initiate the background check, which includes fingerprinting as part of a criminal history records check. Note: Copies of these forms do not need to be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as described above. 4. To avoid delays in processing requests for access to SGI, all forms should be reviewed for completeness and accuracy (including legibility) before submitting them to the NRC. Incomplete packages will be returned to the sender and will not be processed. 5. Based on an evaluation of the information submitted under items 2 and 3.a through 3.d, above, the NRC staff will determine within 10 days of receipt of the written access request whether
(1)there is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding, and
(2)there is a legitimate need for access to SUNSI or need to know the SGI requested. For SGI, the need to know determination is made based on whether the information requested is necessary ( *i.e.,* indispensable) for the proposed recipient to proffer and litigate a specific contention in this NRC proceeding 3 and whether the proposed recipient has the technical competence (demonstrable knowledge, skill, training, education, or experience) to evaluate and use the specific SGI requested in this proceeding. 3 Broad SGI requests under these procedures are thus highly unlikely to meet the standard for need to know; furthermore, staff redaction of information from requested documents before their release may be appropriate to comport with this requirement. These procedures do not authorize unrestricted disclosure or less scrutiny of a requester's need to know than ordinarily would be applied in connection with an already-admitted contention. 6. If standing and need to know SGI are shown, the NRC staff will further determine based upon completion of the background check whether the proposed recipient is trustworthy and reliable. The NRC staff will conduct (as necessary) an inspection to confirm that the recipient's information protection systems are sufficient to protect SGI from inadvertent release or disclosure. Recipients may opt to view SGI at the NRC's facility rather than establish their own SGI protection program to meet SGI protection requirements. 7. A request for access to SUNSI or SGI will be granted if: a. The request has demonstrated that there is a reasonable basis to believe that a potential party is likely to establish standing to intervene or to otherwise participate as a party in this proceeding; b. The proposed recipient of the information has demonstrated a need for SUNSI or a need to know for SGI, and that the proposed recipient of SGI is trustworthy and reliable; c. The proposed recipient of the information has executed a Non-Disclosure Agreement or Affidavit and agrees to be bound by the terms of a Protective Order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI and/or SGI; and, d. The presiding officer has issued a protective order concerning the information or documents requested. 4 Any protective order issued shall provide that the petitioner must file SUNSI or SGI contentions 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. 4 If a presiding officer has not yet been designated, the Chief Administrative Judge will issue such orders, or will appoint a presiding officer to do so. 8. If the request for access to SUNSI or SGI is granted, the terms and conditions for access to sensitive unclassified information will be set forth in a draft protective order and affidavit of non-disclosure appended to a joint motion by the NRC staff, any other affected parties to this proceeding, 5 and the petitioner(s). If the diligent efforts by the relevant parties or petitioner(s) fail to result in an agreement on the terms and conditions for a draft protective order or non-disclosure affidavit, the relevant parties to the proceeding or the petitioner(s) should notify the presiding officer within 5 days, describing the obstacles to the agreement. 5 Parties/persons other than the requester and the NRC staff will be notified by the NRC staff of a favorable access determination (and may participate in the development of such a motion and protective order) if it concerns SUNSI and if the party/person's interest independent of the proceeding would be harmed by the release of the information ( *e.g.* , as with proprietary information). 9. If the request for access to SUNSI is denied by the NRC staff or a request for access to SGI is denied by NRC staff either after a determination on standing and need to know or, later, after a determination on trustworthiness and reliability, the NRC staff shall briefly state the reasons for the denial. Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. The requester may challenge the NRC staff's adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI by filing a challenge within 5 days of receipt of that determination with
(a)the presiding officer designated in this proceeding;
(b)if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or
(c)if another officer has been designated to rule on information access issues, with that officer. In the same manner, an SGI requester may challenge an adverse determination on trustworthiness and reliability by filing a challenge within 15 days of receipt of that determination. In the same manner, a party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of such a request. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311. 6 6 As of October 15, 2007, the NRC's final “E-Filing Rule” became effective. See Use of Electronic Submissions in Agency Hearings (72 FR 49139; August 28, 2007). Requesters should note that the filing requirements of that rule apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI/SGI requests submitted to the NRC staff under these procedures. 10. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI and/or SGI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR Part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. Dated at Rockville, Maryland this 25th day of June 2008. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information in this Proceeding Day Event/activity 0 Publication of **Federal Register** notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information
(SGI)with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g. , showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 20 Nuclear Regulatory Commission
(NRC)staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows
(1)need for SUNSI or
(2)need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 25 If NRC staff finds no “need,” “need to know,” or likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 60 Deadline for submitting petition for intervention containing:
(i)Demonstration of standing;
(ii)all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 190 (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. 205 Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. A If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers. B Decision on contention admission. [FR Doc. E8-14859 Filed 6-30-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Amendment to July 9-11, 2008 ACRS Meeting Federal Register Notice The **Federal Register** Notice for the ACRS meeting scheduled to be held on July 9-11, 2008, is being amended to notify the following: In accordance with Subsection 10(d) Public Law 92-463, it may be necessary to close portions of the meeting to discuss and protect information classified as proprietary to Dominion Nuclear Connecticut and its contractors, General Electric—Hitachi Nuclear Energy and its contractors, and Tennessee Valley Authority and its contractors pursuant to 5 U.S.C. 552b(c)(4). In addition, it will be necessary to close a portion of the meeting to protect information classified as national security information as well as safeguards information pursuant to 5 U.S.C. 552b(c)(1) and (3). The notice of this meeting was previously published in the **Federal Register** on Friday, June 20, 2008 [73 FR 351172-35173]. All other items remain the same as previously published. Further information regarding this meeting can be obtained by contacting Dr. Antonio Dias, Cognizant ACRS staff (301-415-6805), between 7:30 a.m. and 4 p.m., (ET). Dated: *June 25, 2008.* Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E8-14871 Filed 6-30-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Agency Holding the Meetings: Nuclear Regulatory Commission. Date: Weeks of June 30, July 7, 14, 21, 28, August 4, 2008. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Week of June 30, 2008 Tuesday, July 1, 2008 9 a.m. Hearing: Diablo Canyon, 10 CFR part 2, subpart K Proceeding, Oral Arguments (Public Meeting), (Contact: John Cordes, 301 415-1600). This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . Week of July 7, 2008—Tentative There are no meetings scheduled for the week of July 7, 2008. Week of July 14, 2008—Tentative Thursday, July 17, 2008 1 p.m. Briefing on Fire Protection Issues (Public Meeting), (Contact: Alex Klein, 301 415-2822). This meeting will be Webcast live at the Web address— *http://www.nrc.gov* . Week of July 21, 2008—Tentative Wednesday, July 23, 2008 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1 & 3). Thursday, July 24, 2008 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1 & 3). Week of July 28, 2008—Tentative There are no meetings scheduled for the week of July 28, 2008. Week of August 4, 2008—Tentative There are no meetings scheduled for the week of August 4, 2008. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,
(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov* . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov* . Dated: June 26, 2008. R. Michelle Schroll, Office of the Secretary. [FR Doc. 08-1401 Filed 6-27-08; 10:20am]
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47 references not yet in our index
  • 44 USC 3501-3521
  • 5 CFR 1320.3(c)
  • 45 CFR 46
  • 45 CFR 46.103(c)
  • 45 CFR 46.103(b)(2)
  • 45 CFR 46.107
  • 45 CFR 46.116
  • 45 CFR 46.103(b)(5)
  • 45 CFR 46.103(b)(4)
  • 45 CFR 46.109(e)
  • 45 CFR 46.115(a)(1)
  • 44 USC 3501-3520
  • 45 CFR 92.34
  • 45 CFR 100
  • 42 CFR 52
  • 5 USC 552A
  • Pub. L. 101-233
  • 43 CFR 2650.7(d)
  • 43 CFR 4
  • 30 CFR 250
  • 43 CFR 2
  • 30 CFR 252
  • 5 CFR 1320.4(a)(2)
  • 30 CFR 243
  • 30 USC 1923
  • Pub. L. 97-382
  • 30 CFR 243.1
  • 30 CFR 290
  • 30 CFR 243.4
  • 30 CFR 243.201
  • 36 CFR 60
  • 30 CFR 780
  • 5 CFR 1320
  • Pub. L. 104-13
  • 5 CFR 1320.8(d)
  • Pub. L. 95-87
  • 19 CFR 201
  • 19 CFR 207
  • 67 FR 68036
  • 21 CFR 1303
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U.S.C.§ 393
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Cite44 USC 3501-3521
Cite5 CFR 1320.3(c)
Cite45 CFR 46
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