Notices. Notice

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

BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Application for Commercial Fisheries Authorization Under Section 118 of the Marine Mammal Protection Act AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before September 8, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Patricia Lawson,

(301)713-2322 or *Patricia.Lawson@noaa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract The Marine Mammal Protection Act requires any commercial fisher operating in Category I and II fisheries to register for a certificate of authorization that will allow the fisher to take marine mammals incidentals to commercial fishing operations. Category I and II fisheries are those identified by NOAA as having either frequent or occasional takings of marine mammals. Some states have integrated the National Marine Fisheries Service

(NMFS)registration process into the existing state fishery registration process and fishers in those fisheries do not need to file a separate federal registration. If applicable, vessel owners will be notified of this simplified registration process when they apply for their state or Federal permit or license. II. Method of Collection Most fishers have their information imported directly into the Marine Mammal Authorization Program

(MMAP)from their state. Otherwise they can fill out the forms on NMFS' Web page at *http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_registration_form.pdf* or mail in an application made available to them in the NMFS regions. III. Data *OMB Control Number:* 0648-0293. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations; individuals or households. *Estimated Number of Respondents:* 12,000. *Estimated Time per Response:* 15 minutes. *Estimated Total Annual Burden Hours:* 3,000. *Estimated Total Annual Cost to Public:* $326,310. IV. Request for Comments Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: July 3, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-15573 Filed 7-8-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XI95 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council will convene a joint meeting of the Standing and Special Reef Fish Scientific and Statistical Committees (SSCs). DATES: The Joint Standing and Special Reef Fish SSC meeting will begin at 1:30 p.m. on Wednesday, July 30, 2008 and conclude by 4 p.m. on Thursday, July 31, 2008. ADDRESSES: The meeting will be held at the Quorum Hotel, 700 N. Westshore Blvd., Tampa, FL 33609; telephone:

(813)289-8200. *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Steven Atran, Population Dynamics Statistician; Gulf of Mexico Fishery Management Council; telephone:

(813)348-1630. SUPPLEMENTARY INFORMATION: The Joint Standing and Special Reef Fish SSC will meet to develop recommendations for a prioritized five year Gulf of Mexico research plan for submission to the Secretary of Commerce. The SSC will also review the terms of reference for several upcoming stock assessments including SEDAR benchmark

(full)assessments on red drum and black grouper, and SEDAR update assessments for red snapper, greater amberjack, gag, and red grouper. In addition, the SSC will review the proposed annual catch limit

(ACL)guidelines, and will discuss the future role of the SSC under SEDAR and ACL guidelines. Copies of the agenda and other related materials can be obtained by calling

(813)348-1630. Although other non-emergency issues not on the agenda may come before the SSCs for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions of the SSCs will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina O'Hern at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: July 3, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-15588 Filed 7-8-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XI96 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council will convene a Reef Fish Advisory Panel (AP). DATES: The meeting will convene at 1:30 p.m. on Tuesday, July 29, 2008 and conclude no later than 12 p.m. on Wednesday, July 30, 2008. ADDRESSES: The meeting will be held at the Quorum Hotel, 700 N. Westshore Blvd., Tampa, FL 33609; telephone:

(813)348-1630. SUPPLEMENTARY INFORMATION: The Reef Fish AP will review and comment on two draft amendments to the Reef Fish Fishery Management Plan. Amendment 29 proposes to rationalize effort and reduce overcapacity in the commercial grouper and tilefish fisheries in order to achieve and maintain optimum yield (OY). Effort management approaches considered in this amendment include: • Permit endorsements • Implementation of an Individual Fishing Quota

(IFQ)Program Amendment 30B contains alternatives that propose to: • Set management thresholds and targets for gag • Set total allowable catch

(TAC)for gag and red grouper • Set commercial and recreational allocations for gag and red grouper • Establish accountability measures for gag and red grouper • Adjust commercial quotas for gag red grouper and the shallow-water grouper aggregate • Adjust recreational management measures for groupers, which includes: a. bag limits b. size limits c. closed seasons • Address bycatch and bycatch mortality of groupers • Create new area closures and/or extend the duration of existing closed areas • Address regulatory compliance of federally permitted reef fish vessels when fishing in state waters Copies of the agendas and other related materials can be obtained by calling

(813)348-1630. Although other non-emergency issues not on the agendas may come before the AP for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions of the SSC will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina O'Hern at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: July 3, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8-15589 Filed 7-8-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0062] Federal Acquisition Regulation; Information Collection; Material and Workmanship AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation

(FAR)Secretariat will be submitting to the Office of Management and Budget

(OMB)a request to review and approve an extension of a currently approved information collection requirement concerning material and workmanship. The clearance currently expires on August 31, 2008. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before September 8, 2008. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the General Services Administration, FAR Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: Cecelia Davis, Contract Policy Division, GSA

(202)219-0202. SUPPLEMENTARY INFORMATION: A. Purpose Under Federal contracts requiring that equipment ( *e.g.* , pumps, fans, generators, chillers, etc.) be installed in a project, the Government must determine that the equipment meets the contract requirements. Therefore, the contractor must submit sufficient data on the particular equipment to allow the Government to analyze the item. The Government uses the submitted data to determine whether or not the equipment meets the contract requirements in the categories of performance, construction, and durability. This data is placed in the contract file and used during the inspection of the equipment when it arrives on the project and when it is made operable. B. Annual Reporting Burden Respondents: *3,160* . Responses Per Respondent: *1.5* . Annual Responses: *4,740* . Hours Per Response: *.25* . Total Burden Hours: *1,185* . *OBTAINING COPIES OF PROPOSALS:* Requesters may obtain a copy of the information collection documents from the General Services Administration, FAR Secretariat (VPR), Room 4041, 1800 F Street, NW., Washington, DC 20405, telephone

(202)501-4755. Please cite OMB Control No. 9000-0062, Material and Workmanship, in all correspondence. Dated: July, 1, 2008. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E8-15505 Filed 7-8-08; 8:45 am] BILLING CODE 6820-EP-S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0032] Federal Acquisition Regulation; Submission for OMB Review; Contractor Use of Interagency Motor Pool Vehicles AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for an extension to an existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation

(FAR)Secretariat has submitted to the Office of Management and Budget

(OMB)a request to review and approve an extension of a currently approved information collection requirement concerning contractor use of interagency motor pool vehicles. A request for public comments was published at 73 FR 20614, April 16, 2008. No comments were received. This OMB clearance expires on August 31, 2008. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before August 8, 2008. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, FAR Secretariat (VPR), 1800 F Street, NW., Room 4035, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: Beverly Cromer, Contract Policy Division, GSA

(202)501-1448. SUPPLEMENTARY INFORMATION: A. Purpose If it is in the best interest of the Government, the contracting officer may authorize cost-reimbursement contractors to obtain, for official purposes only, interagency motor pool vehicles and related services. Contractors’ requests for vehicles must obtain two copies of the agency authorization, the number of vehicles and related services required and period of use, a list of employees who are authorized to request the vehicles, a listing of equipment authorized to be serviced, and billing instructions and address. A written statement that the contractor will assume, without the right of reimbursement from the Government, the cost or expense of any use of the motor pool vehicles and services not related to the performance of the contract is necessary before the contracting officer may authorize cost-reimbursement contractors to obtain interagency motor pool vehicles and related services. The information is used by the Government to determine that it is in the Government’s best interest to authorize a cost-reimbursement contractor to obtain, for official purposes only, interagency motor pool vehicles and related services, and to provide those vehicles. B. Annual Reporting Burden *Respondents* : 70. *Responses Per Respondent* : 2. *Annual Responses* : 140. *Hours Per Response* : .5. *Total Burden Hours* : 70. *Obtaining copies of proposals* : Requesters may obtain a copy of the information collection documents from the General Services Administration, FAR Secretariat (VPR), Room 4035, 1800 F Street, NW., Washington, DC 20405, telephone

(202)501-4755. Please cite OMB Control No. 9000-0032, Contractor Use of Interagency Motor Pool Vehicles, in all correspondence. Dated: July 1, 2008 Al Matera, Director, Office of Acquisition Policy. [FR Doc. E8-15523 Filed 7-8-08; 8:45 am] BILLING CODE 6820-EP-S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0064] Federal Acquisition Regulation; Information Collection; Organization and Direction of Work AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation

(FAR)Secretariat will be submitting to the Office of Management and Budget

(OMB)a request to review and approve an extension of a currently approved information collection requirement concerning organization and direction of work. The clearance currently expires on August 31, 2008. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before September 8, 2008. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the General Services Administration, FAR Secretariat (VPR), 1800 F Street, NW., Room 4035, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: Cecelia Davis, Contract Policy Division, GSA

(202)219-0202. SUPPLEMENTARY INFORMATION: A. Purpose When the Government awards a cost-reimbursement construction contract, the contractor must submit to the contracting officer and keep current a chart showing the general executive and administrative organization, the personnel to be employed in connection with the work under the contract, and their respective duties. The chart is used in administration of the contract and as an aid in determining cost. The chart is used by contract administration personnel to assure the work is being properly accomplished at reasonable prices. B. Annual Reporting Burden Respondents: *50* . Responses Per Respondent: *1* . Annual Responses: *50* . Hours Per Response: *.75* . Total Burden Hours: *38* . *OBTAINING COPIES OF PROPOSALS:* Requesters may obtain a copy of the information collection documents from the General Services Administration, FAR Secretariat (VPR), Room 4035, 1800 F Street, NW., Washington, DC 20405, telephone

(202)501-4755. Please cite OMB Control No. 9000-0064, Organization and Direction of Work, in all correspondence. Dated: July 1, 2008. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E8-15525 Filed 7-8-08; 8:45 am] BILLING CODE 6820-EP-S DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 8, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, *e.g.* , “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

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

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: July 2, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences *Type of Review:* Revision. *Title:* FRSS Educational Technology in Public Schools. *Frequency:* Once. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs (primary). *Reporting and Recordkeeping Hour Burden:* *Responses:* 1,620. *Burden Hours:* 810. *Abstract:* NCES is conducting this survey on behalf of the Office of Safe and Drug Free Schools (OSDFS), in the Department of Education. The purpose of this survey is collection information on school districts, which have alternative schools or alternative programs for students at risk of educational failure. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3755. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-15546 Filed 7-8-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 8, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to

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

(2)Title;

(3)Summary of the collection;

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

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: July 3, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Department of Education, Office of Postsecondary Education, Office of Federal TRIO Programs *Type of Review:* Reinstatement. *Title:* Application for Grants under the Student Support Services Program. *Frequency:* Biennially. *Affected Public:* Not-for-profit institutions (primary) State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 1,200. *Burden Hours:* 10,200. *Abstract:* The application is needed to conduct a national competition under the Student Support Services Program for program year 2009-2010. The program provides grants to institions of higher education and combinations of institutions of higher education for projects designed to increase the retention and graduation rates of eligible students; increase the transfer rate of eligible students from two-year to four-year institutions; and foster an institutional climate supportive of the success of low-income and first generation students and individuals with disabilities through the provision of support services. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3754. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E8-15596 Filed 7-8-08; 8:45 am] BILLING CODE 4000-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2008; FRL-8689-4] 2008 Water Efficiency Leader Awards—Call for Applicants AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the opening of the application period for the U.S. EPA's third annual Water Efficiency Leader Awards. The awards recognize those organizations and individuals who are providing leadership and innovation in water efficient products and practices. These awards are intended to help foster a nationwide ethic of water efficiency, as well as to inspire, motivate, and recognize efforts to improve water efficiency. This program will enable EPA to document “best practices”, share information, encourage an ethic of water efficiency, and create a network of water efficiency leaders. Recognition will be given on the basis of persuasive community or organizational leadership in the area of water efficiency, originality and innovativeness, national/global perspective and implications, and overall improvements in water efficiency. Actual (as opposed to anticipated) results are preferred and applicants should be able to demonstrate the amount of water saved. Candidates may be from anywhere in the United States, they may work in either the public or the private sector, and they may be either self-nominated or nominated by a third party. The following sectors are encouraged to apply: Corporations and Industry, Water Utilities, Government, Non-Governmental Organizations, and Individuals. Water utilities may be public or privately owned. Government includes, for example, Local, State, Tribal, and Federal Agencies, and Military bases. In order to be considered, applicants must have a satisfactory compliance record with respect to environmental regulations and requirements. Applications will be judged by a panel of national water efficiency experts from a variety of sectors. The panelists will provide recommendations to EPA, who will then make the final decision. EPA reserves the right to contact nominees for additional information should it be deemed necessary. *To Apply:* Send a one page description (single sided) of the water efficient project being nominated. Also send a completed application form found at *http://www.epa.gov/water/wel.* DATES: Applications must be postmarked by August 29, 2008 in order to be considered. ADDRESSES: If using Express or Overnight Mail: Bob Rose, U.S. Environmental Protection Agency, 1201 Constitution Avenue, EPA East, Room 3226L, Washington, DC 20460. If using First Class U.S. Postal Service: Bob Rose, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Mail Code 4101M, Washington, DC 20460. If using e-mail: *rose.bob@epa.gov.* Please only e-mail MS Word documents or PDF files. Also, please send a notice without any attachments indicating that a second e-mail with attachments will follow. Try to limit the file size to less than 3MB total. Additional information on the recognition program is available at *http://www.epa.gov/water/wel.* FOR FURTHER INFORMATION CONTACT: Bob Rose, Telephone:

(202)564-0322. E-mail: *rose.bob@epa.gov.* Dated: July 3, 2008. Benjamin H. Grumbles, Assistant Administrator for Water. [FR Doc. E8-15577 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8688-9] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (CAA or “Act”), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Association of Irritated Residents and Natural Resources Defense Council (“Plaintiffs”) in the United States District Court for the Northern District of California: *Association of Irritated Residents* v. *EPA* , No. CV 08-0227-SC (N.D. Cal.). Plaintiffs filed a deadline suit to compel the Administrator to take action under section 110(k) of the Act on three specific revisions to the state implementation plan

(SIP)submitted by the State of California. The three SIP revisions include the 2003 State and Federal Strategy for the California State Implementation Plan, the 2004 San Joaquin Valley Extreme Ozone Attainment Demonstration Plan (“2004 San Joaquin Valley SIP”), and the 2003 Air Quality Management Plan for the South Coast Air Quality Management District (“2003 South Coast SIP”). Under the terms of the proposed consent decree, deadlines have been established for EPA to take action on the three California SIPs. If EPA fulfills its obligations, Plaintiffs have agreed to dismiss this suit with prejudice. DATES: Written comments on the proposed consent decree must be received by *August 8, 2008.* ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-OGC-2008-0487, online at *www.regulations.gov* (EPA's preferred method); by e-mail to *oei.docket@epa.gov* ; mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Jan Tierney, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone:

(202)564-5598; fax number

(202)564-5603; e-mail address: *tierney.jan@epa.gov.* SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit seeking to compel action by EPA under section 110(k) of the CAA on the following three SIP revisions submitted by the State of California: The 2003 State and Federal Strategy for the California State Implementation Plan, the 2004 San Joaquin Valley SIP, and the 2003 South Coast SIP. On February 13, 2008, the State of California withdrew specific elements of the 2003 State and Federal Strategy for the California State Implementation Plan that relate to the South Coast Air Basin. On March 6, 2006, the State of California submitted a SIP revision that updates and replaces chapter 4 of the 2004 San Joaquin Valley SIP. Under the terms of the proposed consent decree, EPA will sign for publication in the **Federal Register** notices of the Agency's proposed actions pursuant to CAA section 110(k) on the remaining elements of the 2003 State and Federal Strategy for the California State Implementation Plan, the 2004 San Joaquin Valley SIP, and the 2003 South Coast SIP by October 15, 2008. EPA will sign notices of the Agency's final actions pursuant to CAA section 110(k) on the three plans by January 15, 2009. Under the proposed consent decree, EPA actions on any amendments to the three plans submitted by the State of California, including the replacement of chapter 4 of the 2004 San Joaquin Valley SIP submitted on March 6, 2006, shall satisfy the obligations to act on the plans as long as EPA meets the deadlines specified in the paragraph above. Also, if the State of California rescinds its February 13, 2008 letter withdrawing specific elements of the 2003 State and Federal Strategy for the California State Implementation Plan that relate to the South Coast Air Basin by August 1, 2008, then EPA must act on the plan in its entirety, once again, by the dates specified in the paragraph above. If the State of California rescinds its February 13, 2008 letter after August 1, 2008 but prior to final action on the applicable plans, then the parties will negotiate a revised schedule for the applicable plans. In the proposed consent decree, EPA agrees that, pursuant to CAA section 304(d), 42 U.S.C. 7604(d), Plaintiffs are both eligible and entitled to recover their costs of litigation in this action, including reasonable attorneys' fees, incurred prior to entry of the consent decree. The consent decree becomes an order of the Court upon entry, and, consistent with the terms of the consent decree, the case shall be dismissed with prejudice after EPA takes final action on the three plans. For a period of thirty

(30)days following the date of publication of this notice, the Agency will receive written comments relating to the proposed consent decree from persons who were not named as parties to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines, based on any comment which may be submitted, that consent to the consent decree should be withdrawn, the terms of the decree will be affirmed. II. Additional Information About Commenting on the Proposed Consent Decree A. How Can I Get a Copy of the Consent Decree? The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2008-0487) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information

(OEI)Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the OEI Docket is

(202)566-1752. An electronic version of the public docket is available through *www.regulations.gov.* You may use the *www.regulations.gov* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket identification number. It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at *www.regulations.gov* without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center. B. How and To Whom Do I Submit Comments? You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment and with any disk or CD-ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Use of the *www.regulations.gov* Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (e-mail) system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through *www.regulations.gov,* your e-mail address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. Dated: July 2, 2008. Richard B. Ossias, Associate General Counsel. [FR Doc. E8-15578 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0046; FRL-8371-2] Notice of Filing of Pesticide Petitions for Residues of Pesticide Chemicals in or on Various Commodities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. DATES: Comments must be received on or before August 8, 2008. ADDRESSES: Submit your comments, identified by docket identification

(ID)number and the pesticide petition number

(PP)of interest, by one of the following methods: • *Federal eRulemaking Portal* : * http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* : Direct your comments to the assigned docket ID number and the pesticide petition number of interest. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: The person listed at the end of the pesticide petition summary of interest. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed at the end of the pesticide petition summary of interest. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Docket ID Numbers When submitting comments, please use the docket ID number and the pesticide petition number of interest, as shown in the table. PP Number Docket ID Number PP 8E7353 EPA-HQ-OPP-2008-0478 PP 8E7355 EPA-HQ-OPP-2008-0474 PP 8E7359 EPA-HQ-OPP-2008-0481 PP 8E7364 EPA-HQ-OPP-2008-0475 PP 7F7295 EPA-HQ-OPP-2008-0490 PP 1F6299 EPA-HQ-OPP-2008-00275 III. What Action is the Agency Taking? EPA is printing notice of the filing of pesticide petitions received under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. EPA has determined that the pesticide petitions described in this notice contain data or information regarding the elements set forth in FFDCA section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petitions. Additional data may be needed before EPA rules on these pesticide petitions. Pursuant to 40 CFR 180.7(f), a summary of each of the petitions included in this notice, prepared by the petitioner, is included in a docket EPA has created for each rulemaking. The docket for each of the petitions is available on-line at *http://www.regulations.gov* . New Tolerances 1. *PP 1F6299* . (EPA-HQ-OPP-2008-0275). Bayer CropScience, 2 T.W., Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, proposes to establish a tolerance for residues of the herbicide iodosulfuron-methyl-sodium, methyl 4-iodo-2-[3-(4-methoxy-6-methyl-1,3,5-triazin-2-yl)-ureidosulfonyl]benzoate, sodium salt, in or on food commodities wheat, grain at 0.02 parts per million (ppm); wheat, forage at 0.06 ppm; wheat, straw at 0.05 ppm; and wheat, hay at 0.05 ppm. An enforcement procedure is available whereby extractable residues of iodosulfuron-methyl-sodium and AE F075736 are removed from crops by blending with acetonitrile. After blending, the extract is filtered, reduced in volume and partitioned with hexane to remove oils. The partially cleaned-up extract is evaporated to dryness under reduced pressure; dissolved in dichloromethane and further cleaned-up on a series of solid phase extraction columns, first, silica gel, then Bond Elut

(tm)ENV, and finally on polyamide 6S. The extract is again concentrated to dryness and reconstituted in either 70/30 deionized water/acetonitrile for analysis by high pressure liquid chromatography/mass spectrometry (HPLC-MS/MS), or in 50/50 deionized water/acetonitrile for analysis by HPLC/ultraviolet (HPLC/UV). Contact: Hope Johnson, telephone number:

(703)305-5410; e-mail address: *johnson.hope@epa.gov* . 2. *PP 7F7295* . (EPA-HQ-OPP-2008-0490). Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro, NC 27409, proposes to establish a tolerance for residues of the fungicide fludioxonil, 4-(2, 2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile, in or on food commodity raisins at 1.9 ppm. Syngenta has developed and validated analytical methodology for enforcement purposes. This method (Syngenta Crop Protection Method AG-597B) has passed an Agency petition method validation for several commodities, and is currently the enforcement method for fludioxonil. This method has also been forwarded to the Food and Drug Administration for inclusion into PAM II. An extensive database of method validation data using this method on various crop commodities is available. Contact: Lisa Jones, telephone number:

(703)308-9424; e-mail address: *jones.lisa@epa.gov* . Amendment to Existing Tolerance 1. *PP 8E7353* . (EPA-HQ-OPP-2008-0478). Interregional Research Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 08540, proposes to amend the tolerances in 40 CFR 180.518 for residues of the fungicide pyrimethanil, 4,6-dimethyl- *N* -phenyl-2-pyrimidinamine, in or on food commodities revising the existing tolerance for the fruit, stone, group 12, except cherry at 3.0 ppm to fruit, stone, group 12 at 10 ppm; and revising the tolerance designation for fruit, citrus, group 10 (postharvest) at 10 ppm by excluding lemons to read fruit, citrus, group 10, except lemons (postharvest) at 10 ppm. Also, adding a separate tolerance for lemon at 11.0 ppm. The plant metabolism studies indicated that analysis for the parent compound, pyrimethanil was sufficient to enable the assessment of the relevant residues in crop commodities. For the stone fruit group, peaches, plums, and sweet cherries were analyzed as representative crops. For peaches, plums, and sweet cherries pyrimethanil was extracted by homogenization with acetone, the extract acidified and washed with hexane and basified to enable solvent partition (ethyl acetate and hexane). Final clean-up was by silica SPE, with determination by gas chromatography with mass selective detection. The validated sensitivity of the method is 0.05 ppm for pyrimethanil, which allows for the detection and measurement of residues in or on stone fruits at or above the proposed tolerance level. Contact: Susan Stanton, telephone number:

(703)305-5218; e-mail address: *stanton.susan@epa.gov* . New Exemption from Tolerances 1. *PP 8E7355* . (EPA-HQ-OPP-2008-0474). Huntsman, 10003 Woodloch Forest Drive, The Woodlands, TX 77380; Dow AgroSciences L.L.C., 9330 Zionsville Road, Indianapolis, Indiana 46268; Nufarm Americas Inc., 150 Harvester Drive Suite 220, Burr Ridge, Illinois, 60527; BASF, 26 Davis Drive, Research Triangle Park, NC 27709; Stepan Company, 22 W. Frontage Road, Northfield, IL 60093; Loveland Products Inc., PO Box 1286, Greeley, CO 80632; and Rhodia Inc., CN 1500, Cranbury, New Jersey, 08512, proposes to amend 40 CFR part 180 by establishing an exemption from the requirement of a tolerance under 40 CFR 180.920 for residues of ethylene glycol (CAS 107-21-1), diethylene glycol (CAS 111-46-6), diethylene glycol monoethyl ether (CAS 111-90-0), and diethylene glycol monobutyl ether (CAS 112-34-5) when used as a pesticide inert ingredient as a solvent, stabilizer and/or antifreeze within pesticide formulations/products. Because this petition is a request for an exemption from the requirement of a tolerance, no analytical method is required. Contact: Karen Samek, telephone number:

(703)347-8825; e-mail address: *samek.karen@epa.gov* . 2. *PP 8E7359* . (EPA-HQ-OPP-2008-0481). Dow AgroSciences, LLC; 9330 Zionsville Road, Indianapolis, IN 46268, proposes to amend 40 CFR part 180 by establishing an exemption from the requirement of a tolerance under 40 CFR 180.910 for residues of *N,N* ′-ethylenebis[ *N* -(carboxymethyl)]glycine compound with 1,1′1′′-nitrilotripropan-2-ol (EDTA-TIPA)(CAS Reg. No. 67952-36-7) which is a salt comprised of triisopropanolamine

(TIPA)(CAS Reg. No. 122-20-3) and ethylenediaminetetraacetic acid

(EDTA)(CAS Reg. No. 60-00-4) when used as, but not limited to a sequestering or chelating agent as an inert ingredient in pesticide formulations with limits: up to 5% of pesticide formulation. Per the EPA 2004 Memorandum on EDTA Tolerance Reassessment, EDTA and two other EDTA salts have already been exempted from tolerance under 40 CFR 180.910. It is also requested that the EDTA-TIPA salt be added to the approximately 20 or more EDTA compounds already approved for non-food pesticide applications. Because this petition is a request for an exemption from the requirement of a tolerance without numerical limitations, no analytical method is required. Contact: Karen Samek, telephone number:

(703)347-8825; e-mail address: *samek.karen@epa.gov* . 3. *PP 8E7364* . (EPA-HQ-OPP-2008-0475). Celanese Ltd., 1601 West LBJ Freeway, Dallas, TX 75234, proposes to amend 40 CFR part 180 by establishing an exemption from the requirement of a tolerance under 40 CFR 180.960 for residues of acetic acid ethenyl ester, polymer with sodium 2-methyl-2-[(1-oxo-2-propene-1-yl) amino]-1-peropanesulfonate (1:1), hydrolyzed (CAS Reg. No. 924892-37-5) in or on food commodities when used as a pesticide inert ingredient in pesticide formulations. Because this petition is a request for an exemption from the requirement of a tolerance without numerical limitations, no analytical method is required. Contact: Karen Samek, telephone number:

(703)347-8825; e-mail address: *samek.karen@epa.gov* . List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: June 27, 2008. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. E8-15334 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0489; FRL-8372-1] FIFRA Scientific Advisory Panel; Notice of Cancellation of Public Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Agency is issuing this notice to cancel a September 9 - 11, 2008 meeting of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel. The meeting was announced in the **Federal Register** of June 18, 2008. FOR FURTHER INFORMATION CONTACT: Joseph E. Bailey, Designated Federal Official, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)564-2045; fax number:

(202)564-8382; e-mail address: *bailey.joseph@epa.gov.* SUPPLEMENTARY INFORMATION: The September 9 - 11, 2008 meeting of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (FIFRA) to consider and review an evaluation of the common mechanism of action of pyrethroid pesticides has been cancelled. The meeting was originally announced in the **Federal Register** of June 18, 2008 (73 FR 34736) (FRL-8369-1). For further information, please contact the Designated Federal Official listed under FOR FURTHER INFORMATION CONTACT . List of Subjects Environmental protection, Pesticides and pests. Dated: June 30, 2008. Gary E. Timm, Acting Director, Office of Science Coordination and Policy. [FR Doc. E8-15360 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0274; FRL-8373-5] FIFRA Scientific Advisory Panel; Notice of Rescheduled Public Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: There will now be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review the Agency’s Evaluation of the Toxicity Profile of Chlorpyrifos. This meeting was originally scheduled for July 15-18, 2008. DATES: The meeting will be held on September 16-18, 2008, from approximately 9:00 a.m. to 5:30 p.m, Eastern Time. *Comments* . The Agency encourages that written comments be submitted by September 9, 2008 and requests for oral comments be submitted by September 11, 2008. However, written comments and requests to make oral comments may be submitted until the date of the meeting. Anyone submitting written comments after September 9, 2008 should contact the Designated Federal Official

(DFO)listed under FOR FURTHER INFORMATION CONTACT. For additional instructions, see Unit I.C. of the SUPPLEMENTARY INFORMATION . *Nominations* . Nominations of candidates to serve as ad hoc members of the FIFRA SAP for this meeting were previously solicited by the Agency on April 18, 2008 (73 FR 21125) (FRL 8360-8). Additional nominations of candidates to serve as ad hoc members of the FIFRA SAP for this meeting should be provided on or before July 23, 2008. *Special accommodations* . For information on access or services for individuals with disabilities, and to request accommodation of a disability, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT at least 10 days prior to the meeting to give EPA as much time as possible to process your request. ADDRESSES: The meeting will be held at Holiday Inn - Rosslyn at Key Bridge, 1900 North Fort Myer Drive, Arlington, Virginia 22209. Telephone:

(703)807-2000. *Comments* . Submit your comments, identified by docket identification

(ID)number EPA-HQ-OPP-2008-0274, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* . Direct your comments to docket ID number EPA-HQ-OPP-2008-0274. If your comments contain any information that you consider to be CBI or otherwise protected, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT to obtain special instructions before submitting your comments. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* . All documents in the docket are listed in a docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in a docket index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. *Nominations, requests to present oral comments, and requests for special accommodations* . Submit nominations to serve as an ad hoc member of the FIFRA SAP, requests for special seating accommodations, or requests to present oral comments to the DFO listed under FOR FURTHER INFORMATION CONTACT . FOR FURTHER INFORMATION CONTACT: Sharlene R. Matten, DFO, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 202-564-0130; fax number: 202-564-8382; e-mail addresses: *matten.sharlene@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA), FIFRA, and the Food Quality Protection Act of 1996 (FQPA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the DFO listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? When submitting comments, remember to: 1. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). 2. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. C. How May I Participate in this Meeting? You may participate in this meeting by following the instructions in this unit. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA-HQ-OPP-2008-0274 in the subject line on the first page of your request. 1. *Written comments* . The Agency encourages that written comments be submitted, using the instructions in ADDRESSES , no later than September 9, 2008, to provide FIFRA SAP the time necessary to consider and review the written comments. However, written comments are accepted until the date of the meeting. Persons wishing to submit written comments at the meeting should contact the DFO listed under FOR FURTHER INFORMATION CONTACT and submit 30 copies. Anyone submitting written comments after September 9, 2008 should contact the DFO listed under FOR FURTHER INFORMATION CONTACT . There is no limit on the extent of written comments for consideration by FIFRA SAP. 2. *Oral comments* . The Agency encourages that each individual or group wishing to make brief oral comments to FIFRA SAP submit their request to the DFO listed under FOR FURTHER INFORMATION CONTACT no later than September 11, 2008, in order to be included on the meeting agenda. Requests to present oral comments will be accepted until the date of the meeting and, to the extent that time permits, the Chair of the FIFRA SAP may permit the presentation of oral comments at the meeting by interested persons who have not previously requested time. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment (e.g., overhead projector, 35 mm projector, chalkboard). Oral comments before FIFRA SAP are limited to approximately 5 minutes unless prior arrangements have been made. In addition, each speaker should bring 30 copies of his or her comments and presentation slides for distribution to the FIFRA SAP at the meeting. 3. *Seating at the meeting* . Seating at the meeting will be on a first-come basis. 4. *Request for nominations to serve as ad hoc members of the FIFRA SAP for this meeting* . As part of a broader process for developing a pool of candidates for each meeting, the FIFRA SAP staff routinely solicits the stakeholder community for nominations of prospective candidates for service as ad hoc members of the FIFRA SAP. Any interested person or organization may nominate qualified individuals to be considered as prospective candidates for a specific meeting. Individuals nominated for this meeting should have expertise in one or more of the following areas: 1. Organophosphate pesticides, 2. Acetylcholinesterase inhibition, 3. Chlorpyrifos metabolism including paraoxonase 1 (PON 1) expression and activity, 4. Cholinergic and non-cholinergic modes/mechanisms of toxicity, 5. Developmental neurotoxicity, 6. Physiologically-based pharmacokinetic modeling, 7. Interpretation of metabolite data from human samples, 8. Mode of action framework, 9. Human relevance framework, 10. Human health risk assessment, 11. Epidemiology, and 12. IPSC WHO Guidance on Chemical Specific Adjustment Factors. Nominees should be scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments on the scientific issues for this meeting. Nominees should be identified by name, occupation, position, address, and telephone number. Nominations should be provided to the DFO listed under FOR FURTHER INFORMATION CONTACT on or before July 23, 2008. The Agency will consider all nominations of prospective candidates for this meeting that are received on or before this date. However, final selection of ad hoc members for this meeting is a discretionary function of the Agency. The selection of scientists to serve on the FIFRA SAP is based on the function of the panel and the expertise needed to address the Agency's charge to the panel. No interested scientists shall be ineligible to serve by reason of their membership on any other advisory committee to a Federal department or agency or their employment by a Federal department or agency except the EPA. Other factors considered during the selection process include availability of the potential panel member to fully participate in the panel's reviews, absence of any conflicts of interest or appearance of lack of impartiality, independence with respect to the matters under review, and lack of bias. Although financial conflicts of interest, the appearance of lack of impartiality, lack of independence, and bias may result in disqualification, the absence of such concerns does not assure that a candidate will be selected to serve on the FIFRA SAP. Numerous qualified candidates are identified for each panel. Therefore, selection decisions involve carefully weighing a number of factors including the candidates' areas of expertise and professional qualifications and achieving an overall balance of different scientific perspectives on the panel. In order to have the collective breadth of experience needed to address the Agency's charge for this meeting, the Agency anticipates selecting approximately 15 to 20 ad hoc scientists. FIFRA SAP members are subject to the provisions of 5 CFR part 2634, Executive Branch Financial Disclosure, as supplemented by the EPA in 5 CFR part 6401. In anticipation of this requirement, prospective candidates for service on the FIFRA SAP will be asked to submit confidential financial information which shall fully disclose, among other financial interests, the candidate's employment, stocks and bonds, and where applicable, sources of research support. The EPA will evaluate the candidates financial disclosure form to assess whether there are financial conflicts of interest, appearance of a lack of impartiality or any prior involvement with the development of the documents under consideration (including previous scientific peer review) before the candidate is considered further for service on the FIFRA SAP. Those who are selected from the pool of prospective candidates will be asked to attend the public meetings and to participate in the discussion of key issues and assumptions at these meetings. In addition, they will be asked to review and to help finalize the meeting minutes. The list of FIFRA SAP members participating at this meeting will be posted on the FIFRA SAP website at *http://epa.gov/scipoly/sap* or may be obtained from the OPP Regulatory Public Docket at *http://www.regulations.gov* . II. Background A. Purpose of the FIFRA SAP The FIFRA SAP serves as the primary scientific peer review mechanism of EPA’s Office of Prevention, Pesticides and Toxic Substances (OPPTS) and is structured to provide scientific advice, information and recommendations to the EPA Administrator on pesticides and pesticide-related issues as to the impact of regulatory actions on health and the environment. The FIFRA SAP is a Federal advisory committee established in 1975 under FIFRA that operates in accordance with requirements of the Federal Advisory Committee Act. The FIFRA SAP is composed of a permanent panel consisting of seven members who are appointed by the EPA Administrator from nominees provided by the National Institutes of Health and the National Science Foundation. FIFRA, as amended by FQPA, established a Science Review Board consisting of at least 60 scientists who are available to the Scientific Advisory Panel on an ad hoc basis to assist in reviews conducted by the Scientific Advisory Panel. As a peer review mechanism, the FIFRA SAP provides comments, evaluations and recommendations to improve the effectiveness and quality of analyses made by Agency scientists. Members of the FIFRA SAP are scientists who have sufficient professional qualifications, including training and experience, to provide expert advice and recommendation to the Agency. B. Public Meeting In the last decade, there has been a substantial amount of research on the human health effects of chlorpyrifos. The Agency is currently updating the hazard identification and hazard characterization for chlorpyrifos, in part, by evaluating aspects of this research. The Agency is particularly focusing on studies that evaluate the effects of chlorpyrifos on infants and children from *in utero* and/or post-natal exposures and on studies that evaluate population variability with respect to response to chlorpyrifos. This review will encompass selected human epidemiological data, *in vivo* data in laboratory animals and in vitro studies. The Agency will be seeking comments from the SAP on the following areas: 1. Interpretation of recent epidemiological studies associating *in utero* and/or post-natal chlorpyrifos exposure with health outcomes; 2. Aspects of chlorpyrifos metabolism, such as differences in paraoxonase 1 (PON 1) expression and activity, which affects population variability with respect to the effects of chlorpyrifos and its oxon metabolite; 3. Cholinergic and non-cholinergic modes/mechanisms of toxicity relevant to evaluating hazard and risk to infants and children. As part of this review, the Agency is evaluating the relevance of animal studies conducted by different routes of administration (e.g., gavage or subcutaneous injection) for conducting human health risk assessment to different age groups and by different exposure pathways. C. FIFRA SAP Documents and Meeting Minutes EPA's background paper, related supporting materials, charge/questions to the FIFRA SAP, FIFRA SAP composition (i.e., members and ad hoc members for this meeting), and the meeting agenda will be available by mid-August 2008. In addition, the Agency may provide additional background documents as the materials become available. You may obtain electronic copies of these documents, and certain other related documents that might be available electronically, at *http://www.regulations.gov* and the FIFRA SAP homepage at *http://www.epa.gov/scipoly/sap* . The FIFRA SAP will prepare meeting minutes summarizing its recommendations to the Agency approximately 90 days after the meeting. The meeting minutes will be posted on the FIFRA SAP website or may be obtained from the OPP Regulatory Public Docket at *http://www.regulations.gov* . List of Subjects Environmental protection, Pesticides and pests. Dated: June 30, 2008. Gary E. Timm, Acting Director, Office of Science Coordination and Policy. [FR Doc. E8-15440 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0263; FRL-8371-8] Fenvalerate; Product Cancellation Order AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticide fenvalerate, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows an April 30, 2008 **Federal Register** Notice of Receipt of Requests from the fenvalerate registrants to voluntarily cancel all their fenvalerate product registrations. Fenvalerate is a synthetic pyrethroid insecticide which is used to control insects and related organisms, mollusks, fouling organisms and miscellaneous invertebrates on agricultural, pet care, domestic home and garden (domestic), and commercial/industrial/food and non-food/mosquito abatement (commercial) sites. These are the last fenvalerate products registered for use in the United States. In the April 30, 2008 notice, EPA indicated that it would issue an order implementing the cancellations unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests within this period. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the fenvalerate products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. DATES: The cancellations are effective July 9, 2008. FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-8025; fax number:

(703)308-8005); e-mail address: livingston.wilhelmena *@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPP-2008-0263. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the Office of Pesticide Programs

(OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the **Federal Register** listings at *http://www.epa.gov/fedrgstr* . II. What Action is the Agency Taking? This notice announces the cancellation, as requested by registrants, of all end-use fenvalerate products registered under section 3 of FIFRA. These registrations are listed in sequence by registration number in Table 1 of this unit. **Table 1.—Fenvalerate Product Cancellations** EPA Registration Number Product Name 538-166 Scotts House Plant Insect Spray 538-173 Chinch Bug Control 9444-120 Total Release Fogger 10806-61 Contact Roach and Ant Killer VI 10806-73 Contact Lawn Spray Concentrate for Fleas 10806-74 Contact Lawn Spray Concentrate for Fleas II 10806-87 Contact Roach and Ant Killer IX 10806-93 Contact Ornamental Gypsy Moth and Japanese Beetle Spray 10806-94 Contact Roach and Ant Killer XI 10807-150 Misty Fire Ant Injector 28293-151 Unicorn Flea and Tick Lawn Spray No.1 28293-159 Unicorn RTU Home and Premise Spray 28293-162 Unicorn Zap Insecticide 28293-163 Unicorn Flush-Out Spray 28293-164 Unicorn Household Insecticide II 28293-217 Unicorn Residual Spray #4 **Table 2.—Registrants of Canceled Fenvalerate Products** EPA Company Number Company Name and Address 538 The Scotts Company 14111 Scottslawn Road Marysville, Ohio 43041 9444 Waterbury Companies, Inc. 64 Avenue of Industry Waterbury, Connecticut 06705 10806 Contact Industries 641 Dowd Avenue Elizabeth, NJ 07201 10807 Amrep, Inc. 990 Industrial Park Drive Marietta, Georgia 30062 28293 Phaeton Corporation P.O. Box 290 Madison, Georgia 30650 III. Summary of Public Comments Received and Agency Response to Comments During the public comment period, EPA received no comments in response to the April 30, 2008 **Federal Register** notice announcing the Agency's receipt of the requests for voluntary cancellations of fenvalerate. IV. Cancellation Order Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellations of fenvalerate registrations identified in Table 1 of Unit II. Accordingly, the Agency orders that the fenvalerate product registrations identified in Table 1 of Unit II. are hereby canceled. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the Provisions for Disposition of Existing Stocks set forth in Unit VI. will be considered a violation of FIFRA. V. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The cancellation order issued in this notice includes the following existing stocks provisions. Registrants may sell and distribute existing stocks for 1 year from the date of the cancellation request. The products may be sold, distributed, and used by people other than the registrant until existing stocks have been exhausted, provided that such sale, distribution and use complies with the EPA-approved label and labeling of the product. List of Subjects Environmental protection, Pesticides and pests. Dated: June 25, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8-15314 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2008-0506; FRL-8370-6] Registration Review; Antimicrobial Pesticide Dockets Opened for Review and Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. DATES: Comments must be received on or before October 7, 2008. ADDRESSES: Submit your comments identified by the docket identification

(ID)number for the specific pesticide of interest provided in the table in Unit III.A., by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* : Direct your comments to the docket ID numbers listed in the table in Unit III.A. for the pesticides you are commenting on. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available at regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: For information about the pesticides included in this document, contact the specific Chemical Review Manager as identified in the table in Unit III.A. for the pesticide of interest. For general questions on the registration review program, contact Kevin Costello, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-5026; fax number:

(703)308-8090; e-mail address: *costello.kevin@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, farmworker, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Authority EPA is initiating its reviews of the pesticides identified in this document pursuant to section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural Regulations for Registration Review at 40 CFR part 155, subpart C. Section 3(g) of FIFRA provides, among other things, that the registrations of pesticides are to be periodically reviewed. The goal is a review of a pesticide's registration every 15 years. Under FIFRA section 3(a), a pesticide product may be registered or remain registered only if it meets the statutory standard for registration given in FIFRA section 3(c)(5). When used in accordance with widespread and commonly recognized practice, the pesticide product must perform its intended function without unreasonable adverse effects on the environment; that is, without any unreasonable risk to man or the environment, or a human dietary risk from residues that result from the use of a pesticide in or on food. III. Registration Reviews A. What Action is the Agency Taking? As directed by FIFRA section 3(g), EPA is periodically reviewing pesticide registrations to assure that they continue to satisfy the FIFRA standard for registration—that is, they can still be used without unreasonable adverse effects on human health or the environment. The implementing regulations establishing the procedures for registration review appear at 40 CFR part 155. A pesticide's registration review begins when the Agency establishes a docket for the pesticide's registration review case and opens the docket for public review and comment. At present, EPA is opening registration review dockets for the cases identified in the following table. ** Table—Registration Review Dockets Opening** Registration Review Case Name and Number Pesticide Docket ID Number Chemical Review Manager, Telephone Number, E-mail Address Oxazolidine-E Case 5027 EPA-HQ-OPP-2008-0404 Eliza Blair,

(703)308-7279, *blair.eliza@epa.gov* Caprylic Acid Case 5028 EPA-HQ-OPP-2008-0477 ShaRon Carlisle, (703)308-6427, *carlisle.sharon@epa.gov* B. Docket Content 1. *Review dockets* . The registration review dockets contain information that the Agency may consider in the course of the registration review. The Agency may include information from its files including, but not limited to, the following information: • An overview of the registration review case status. • A list of current product registrations and registrants. • **Federal Register** notices regarding any pending registration actions. • **Federal Register** notices regarding current or pending tolerances. • Risk assessments. • Bibliographies concerning current registrations. • Summaries of incident data. • Any other pertinent data or information. Each docket contains a document summarizing what the Agency currently knows about the pesticide case and a preliminary work plan for anticipated data and assessment needs. Additional documents provide more detailed information. During this public comment period, the Agency is asking that interested persons identify any additional information they believe the Agency should consider during the registration reviews of these pesticides. The Agency identifies in each docket the areas where public comment is specifically requested, though comment in any area is welcome. 2. *Other related information* . More information on these cases, including the active ingredients for each case, may be located in the registration review schedule on the Agency's website at *http://www.epa.gov/oppsrrd1/registration_review/schedule.htm* . Information on the Agency's registration review program and its implementing regulation may be seen at *http://www.epa.gov/oppsrrd1/registration_review* . 3. *Information submission requirements* . Anyone may submit data or information in response to this document. To be considered during a pesticide's registration review, the submitted data or information must meet the following requirements: • To ensure that EPA will consider data or information submitted, interested persons must submit the data or information during the comment period. The Agency may, at its discretion, consider data or information submitted at a later date. • The data or information submitted must be presented in a legible and useable form. For example, an English translation must accompany any material that is not in English and a written transcript must accompany any information submitted as an audiographic or videographic record. Written material may be submitted in paper or electronic form. • Submitters must clearly identify the source of any submitted data or information. • Submitters may request the Agency to reconsider data or information that the Agency rejected in a previous review. However, submitters must explain why they believe the Agency should reconsider the data or information in the pesticide's registration review. • As provided in 40 CFR 155.58, the registration review docket for each pesticide case will remain publicly accessible through the duration of the registration review process; that is, until all actions required in the final decision on the registration review case have been completed. List of Subjects Environmental protection, Pesticides, antimicrobials and pests. Dated: June 27, 2008. Frank Sanders, Director, Antimicrobials Division, Office of Pesticide Programs. [FR Doc. E8-15443 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8689-1] State Innovation Grant Program, Preliminary Notice and Request for Input on the Development of a Solicitation for Proposals for 2009 Awards AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency), National Center for Environmental Innovation

(NCEI)is giving preliminary notice of its intention to solicit pre-proposals for a 2009 grant program to support innovation by state environmental agencies—the “State Innovation Grant Program.” The Agency is also seeking input from state environmental regulatory agencies on the topic areas for the solicitation. In addition, EPA is asking each state environmental regulatory agency to designate a point of contact speaking on behalf of management (in addition to the Commissioner, Director, or Secretary) who will be the point of contact for further communication about the upcoming solicitation. If your point of contact from previous State Innovation Grant solicitations is to be your contact for this year's competition, there is no need to send that information again, as all previously designated points of contact will remain on our notification list for this year's competition. EPA anticipates publication of a Solicitation Announcement of Federal Funding Opportunity on the Federal government's grants opportunities Web site ( *http://www.grants.gov* ) to announce the availability of the next solicitation within 60 days. DATES: State environmental regulatory agencies will have 30 days from the date of this pre-announcement notice in the **Federal Register** publication until August 8, 2008 to respond with: Suggestions for specific topics that should be included under the general subject area of “Innovation in Environmental Permitting Programs” ( *e.g.* , topics with 1-2 paragraphs description) for the next solicitation; and point of contact information for the person within the state environmental regulatory agency (in addition to Commissioner, Director, or Secretary) who will be designated to receive future notices about the State Innovation Grant competition. We will automatically transmit notice of availability of the solicitation to people in state agencies identified for previous solicitations. ADDRESSES: We encourage e-mail responses. Information should be submitted in writing via e-mail to: *innovation_state_grants@epa.gov* ; or fax to “State Innovation Grant Program” at

(202)566-2220. If you have questions about responding to this notice, please contact EPA at this e-mail address or fax number, or you may call Sherri Walker at

(202)566-2186. EPA will acknowledge all responses it receives to this notice. If you have not received an acknowledgment from EPA within three

(3)days of the end of the notice period, please send an e-mail to: *innovation_state_grants@epa.gov* or call Sherri Walker at

(202)566-2186. Failure to do so may result in your information or comments not being received by the deadline. EPA will respond to all questions in writing, and all questions and responses will be posted on the EPA State Innovation Grant Web site at *http://www.epa.gov/innovation/stategrants.* State agencies are advised to monitor this Web site for information posted in response to questions received prior to and during the competition period. SUPPLEMENTARY INFORMATION: *Background:* In April 2002, EPA issued its plan for future innovation efforts, published as *Innovating for Better Environmental Results: A Strategy to Guide the Next Generation of Innovation at EPA* (EPA 100-R-02-002; *http://www.epa.gov/innovation/pdf/strategy.pdf* ). EPA's *Innovation Strategy* presents a framework for environmental innovation consisting of four major elements: 1. Strengthening EPA's innovation partnership with states and tribes; 2. Focusing on priority environmental issues; 3. Diversifying environmental protection tools and approaches; and 4. Fostering more “innovation-friendly” systems and organizational cultures. The State Innovation Grant Program strengthens EPA's partnership with the states by supporting state innovation compatible with EPA's *Innovation Strategy* . EPA wants to encourage states to build on previous experience (theirs and others) to undertake strategic innovation projects that promote larger-scale models with potential for broader use for “next generation” environmental protection that promise better environmental outcomes and other beneficial results. EPA is interested in funding projects that:

(i)Go beyond a single facility experiment and provide change that is “systems-oriented”

(ii)provide better results from a program, process, or sector-wide innovation; and

(iii)promote integrated (multi-media) environmental management with a high potential for transfer to other states, U.S. territories, and tribes. Since 2002, EPA has sponsored six State Innovation Grant Program competitions that asked for State project pre-proposals that supported the general theme of innovation in environmental permitting. We interpret this theme broadly to include alternatives to permitting and the establishment of incentives to go beyond compliance with permit requirements. To date, the program has supported projects primarily in three strategic focus areas: Application of the Environmental Results Programs

(ERP)model, state performance-based environmental leadership programs similar to the National Environmental Performance Track

(PT)Program, and the application of Environmental Management Systems

(EMS)and other integration tools in permitting. EPA's focus on a small number of topics within this general subject area effectively concentrates the limited resources available for greater strategic impact. Thirty-eight awards to States have been made from the six prior competitions and information on those projects can be found on the EPA Web site at, *http://www.epa.gov/innovation/stategrants/projects.htm.* These projects received collectively over 7 million dollars in assistance. The assistance agreement awards for these projects were made to State environmental regulatory agencies and most recently to a commission within a state with a re-delegated authority to administer an environmental permitting program. Among the grant projects, including those with pending awards: Eighteen

(18)were provided for development of Environmental Results Programs, nine

(9)were related to Environmental Management Systems and permitting, nine

(9)were to enhance performance-based environmental leadership programs, two

(2)were for watershed-based permitting, two

(2)were for integrated permitting approaches, and one

(1)was for streamlining a storm water permit program using an innovation in information technology, applying geographic information systems

(GIS)and a web-based portal to a permit application and screening process. Some of the projects funded fit into more than one category ( *e.g.* , combination projects of ERP with PT, or ERP with EMS). For information on prior State Innovation Grant Program solicitations and awards, please see the EPA State Innovation Grants Web site at *http://www.epa.gov/innovation/stategrants.* *Agencies That Are Eligible to Compete for the State Innovation Grant:* Historically, we have limited the competition to state agencies with the primary delegations from EPA for permitting programs. We are aware that some state agencies re-delegate their authorities for permitting programs to regional, county, or municipal agencies. Last year, EPA clarified the eligibility definition in the solicitation to include regional, county, or municipal agencies with re-delegated permitting authority for federal environmental permitting programs. Again this year we will consider these agencies for awards providing that the principal state environmental regulatory agency will be an active member of the project team. Agencies are encouraged to partner with other governmental agencies or non-governmental organizations within the State (or outside of their state) that have complementary environmental mandates or symbiotic interests ( *e.g.* , energy, agriculture, natural resources management, transportation, public health). EPA will accept only one pre-proposal in the competition per state. An exception to that limit is anticipated where, as in previous years, a multi-state or state-tribal proposal will be accepted in addition to an individual state proposal. We believe it likely that we will limit this exception so that a state may appear in no more than one multi-state or state-tribal proposal in addition to its individual proposal. States are also encouraged to partner with other states and American Indian tribes to address cross-boundary issues, to encourage collaborative environmental partnering within industrial sectors or in certain topical areas ( *e.g.* , agriculture), and to create networks for peer-mentoring. EPA regrets that because of the limitation in available funding it is not yet able to open this competition to American Indian tribal environmental agencies but we strongly encourage tribal agencies to join with adjacent states in project proposals. EPA is interested in hearing from regional, county, or municipal agencies about their interest, capacity, and the likelihood of commitment from the principal statewide regulatory entity to assist a potential project. *Proposed General Topic Areas for Solicitation:* To increase the likelihood of strategic impact with what we anticipate to be limited funds, EPA proposes to continue with the general theme of “innovation in permitting,” and additionally to continue with the focus on the three strategic topic areas similar to the last competition:

(1)Projects that support the development of state Environmental Results Programs (ERP);

(2)projects that implement performance-based environmental leadership programs by states, similar to the National Environmental Performance Track Program particularly including the development and implementation of incentives;

(3)projects which involve the application of Environmental Management Systems (EMS), including those that explore the relationship of EMS to permitting (see EPA's *Strategy for Determining the Role of EMS in Regulatory Programs* at *http://www.epa.gov/ems* or *http://www.epa.gov/ems/docs/EMS_and_the_Reg_Structure_41204Fpdf* ), or otherwise support integrated or multimedia strategies. Connected to this, we are also interested in the application of lean manufacturing tools and techniques for improvement ( *http://www.epa.gov/innovation/lean/* ) in environmental performance and energy efficiency. These proposals may involve a linkage to permitting ( *e.g.* , reducing emissions to avoid exceeding permit limits). EPA intends to support state projects that involve innovation in environmental permitting (including alternatives to permitting) related to one of the EPA *Innovation Strategy's* priority environmental areas, or to other priority areas identified previously by individual states in collaboration with EPA in a formal state-EPA agreement such as a Performance Partnership Agreement (PPA). EPA is interested in projects that focus on priority environmental issues, such as reducing greenhouse gases ( *e.g.* , energy efficiency), reducing smog, restoring and maintaining water quality, and reducing the cost of water and wastewater infrastructure. *Request for Input on Solicitation Topics and Priorities:* EPA encourages communication from States and other parties about these three thematic areas mentioned here and other areas potentially ripe for innovation. EPA is asking for state environmental regulatory agencies and other interested parties to provide brief (about 1 paragraph) suggestions about additional innovation topics within the subject of innovation in permitting for possible inclusion in the upcoming solicitation. In addition to the three topic areas (ERP, PT, and EMS and integrated approaches), EPA will continue to encourage project proposals that address the four major elements ( *i.e.* , strengthening innovation partnerships; focusing on priority environmental issues; diversifying environmental protection tools and approaches; and fostering “innovation-friendly” systems and organizational cultures) and use tools ( *i.e.* , incentives, information resources, results-based goals and measures, etc.) highlighted in the Innovation Strategy. EPA may also contemplate projects otherwise related to the general theme of innovation in permitting, in particular as they may address EPA regional and state environmental priorities. *To date, the State Innovation Grant Program has supported the application of ERP for the following sectors:* • Auto body/ auto repair/ auto salvage sectors, • Underground storage tanks (UST), • Dry cleaning operations, • Printing, • Animal feedlot operations, • Injection well management, • Oil and gas production, • Food preparation facilities, As well as a multi-sector application targeted at storm water management. We are interested in continuing the EMS and permit integration theme, but may consider introduction of greater latitude under this theme such as the integration of EMS into other business systems such as lean manufacturing or six sigma ( *http://www.epa.gov/innovation/lean/* ). We also anticipate a continued interested in projects that promote the development of state performance track-like projects, perhaps including “on-ramp” approaches for potential environmental leaders that require upfront compliance assistance. Potential applicants are advised outright that State Innovation Grants will not be awarded for the development or demonstration of new environmental technologies, nor will they be awarded for the development of information systems or data or projects that have as a primary focus the upgrading of information technology systems, unless there is a clear link to innovation in specific permitting programs. Projects will be much less likely to be funded through this State Innovation Grant if agency resources pertinent to the topic are already available through another EPA program. Project selections and awards will be subject to funding availability. State environmental regulatory agencies and other respondents should send their suggestions to EPA by e-mail or fax as described in the “Addresses” section above. *Request for Input on Diffuse Delegations and Designation of a Primary Point of Contact:* One of the principal goals of the State Innovation Grant program is the testing of an integrated (multi-media) innovation with the potential for replication or broader application for other sectors, or in permitting programs in other state or tribal agencies. Because of the limitation of funds we have historically limited the competition to state agencies with a primary delegation from EPA for permitting programs. We have concerns that opening the competition to regulatory entities at lower levels ( *e.g.* , air control boards, water quality management districts, counties or municipalities) may limit the range of results and the potential for transferability of innovative approaches. We recognize, however, that in some instances states have re-delegated programs to regional or local agencies and that those agencies may manage substantial permitting programs. EPA is seeking comment from states that may have re-delegated several authorities to other governing regional or municipal agencies or boards rather than in one centralized state environmental regulatory agency and from the boards and districts on how we might better accommodate those delegations in this program and take advantage of the expertise in those programs while maintaining the strategically important goal of testing innovation for broad application and transferability. EPA is not seeking comments on our widening of eligibility to agencies with re-delegated authority. We are seeking to determine how many states and entities with re-delegated authority may be anticipating submitting a pre-proposal. Also, we are seeking specific feedback on topical input that these groups may want to give us. EPA asks that each state environmental regulatory agency designate a primary point-of-contact who we will add to the EPA notification list for further announcements about the State Innovation Grant Program. For point of contact information, please provide: name, title, department and agency, street or post office address, city, state, zip code, telephone, fax number, and e-mail address. If your point of contact from previous State Innovation Grant solicitations is to be your contact for this year's competition, there is no need to send that information again, as all previously designated points of contact will remain on our notification list for this year's competition. We are asking that any new name be submitted with the knowledge and approval of the highest levels of management within an Agency (Commissioner, Director, Secretary, or their deputies) within 30 days after publication of this notice in the **Federal Register** . Please submit this information to EPA by mail, fax, or e-mail prior to August 8, 2008 in the following manner. *By e-mail to:* *Innovation_State_Grants@EPA.gov* . *By fax to:* State Innovation Grant Program;

(202)566-2220. We encourage e-mail responses. If you have questions about responding to this notice, please contact EPA at this e-mail address or fax number, or you may call Sherri Walker at

(202)566-2186. For point-of-contact information, please provide: name, title, department and agency, mailing address (street or P.O. Box), city, state, zip code, telephone, fax number, and e-mail address. EPA will acknowledge all responses it receives to this notice. *Opportunity for Dialogue:* Between now and the initiation of the competition with the release of the solicitation, communication with potential applicants is allowed. This communication may include helping potential applicants determine whether the applicant itself is eligible or if the scope of an applicant's potential project is suitable for funding, as well as responding to general requests for clarification of the notice. To ensure an equal opportunity for all potential applicants, responses to questions that come to us during the period between this pre-announcement and the release of the solicitation along with helpful resource materials will be posted on the State Innovation Grant Web site at *http://www.epa.gov/innovation/stategrants.* States are also invited to communicate with NCEI about ideas for future competition themes by contacting the EPA Headquarters contact listed below. The contacts for the EPA Regions and the EPA HQ National Center for Environmental Innovation are as follows: Anne Leiby or Josh Secunda, U.S. EPA Region 1, U.S. EPA Region 1, 1 Congress Street, Suite 1100, Boston, MA 02114-2023,

(617)918-1076 or

(617)918-1736 *leiby.anne@epa.gov* or *secunda.josh@epa.gov* *States:* CT, MA, ME, NH, RI, VT. Jennifer Thatcher, U.S. EPA Region 2, 290 Broadway, 26th Floor, New York, NY 10007-1866,

(212)637-3593, *thatcher.jennifer@epa.gov, States & Territories:* NJ, NY, PR, VI. Michael Dunn, U.S. EPA Region 3, 1650 Arch Street (3EA40), Philadelphia, PA 19103,

(215)814-2712, *dunn.michael@epa.gov,* *States:* DC, DE, MD, PA, VA, WV. LaToya Miller, U.S. EPA Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303,

(404)562-9885, *miller.latoya@epa.gov, States:* AL, FL, GA, KY, MS, NC, SC, TN. Marilou Martin, U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507,

(312)353-9660, *martin.marilou@epa.gov,* *States:* IL, IN, MI, MN, OH, WI. Craig Weeks, U.S. EPA Region 6, Fountain Place, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733,

(214)665-7505, *weeks.craig@epa.gov,* *States:* AR, LA, NM, OK, TX. Wendy Lubbe, U.S. EPA Region 7, 901 North 5th Street, Kansas City, KS 66101,

(913)551-7551, *lubbe.wendy@epa.gov,* *States:* IA, KS, MO, NE. Jack Hidinger, U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129,

(303)312-6387, *hidinger.jack@epa.gov, States:* CO, MT, ND, SD, UT, WY. Loretta Barsamian, U.S. EPA Region 9, 75 Hawthorne Street (SPE-1), San Francisco, CA 94105,

(415)947-4268, *barsamian.loretta@epa.gov, States and Territories:* AS, AZ, CA, GU, HI, NV. Bill Glasser, U.S. EPA Region 10, 1200 Sixth Avenue (ENF-T), Seattle, WA 98101,

(206)553-7215, *glasser.william@epa.gov, States:* AK, ID, OR, WA. *Headquarters Office:* Sherri Walker, U.S. EPA (MC 1807T), National Center for Environmental Innovation, State Innovation Grants Program, 1200 Pennsylvania Avenue NW., Washington, DC 20460,

(202)566-2186,

(202)566-2220 fax. *Opportunity for Pre-Competition Briefings and Addressing Questions:* In addition, prior to this year's solicitation, we are planning to host a series of informational meetings and opportunities for question and answer (Q&A) sessions via teleconference calls. These conference calls will enable us to offer two-hour streamlined informational sessions to all States prior to our solicitation, and will allow us to answer any questions that the States have prior to the competition, in keeping with Federal requirements that we afford assistance fairly in a competition process. Specific conference call logistics and grant resource information will be provided to each Region as well as being posted on our Web site at *http://www.epa.gov/innovation/stategrants.* Pre-competition briefing summaries and all other resource materials will be posted on the Web site at *http://www.epa.gov/innovation/stategrants.* Through this effort, we are hoping to encourage individual States, State-led teams, or other eligible applicants ( *e.g.* , regional, county, or municipal agencies with delegated authority for federal environmental permitting programs) to submit well-developed pre-proposals that effectively describe in particular how their project will achieve measurable environmental results. Dated: July 2, 2008. Elizabeth Shaw, Office Director, National Center for Environmental Innovation. [FR Doc. E8-15580 Filed 7-8-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2007-0037; FRL-8371-4] Trichoderma Species and Linalool Registration Review Proposed Decision; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's proposed registration review decisions for the pesticides cases *Trichoderma* species and linalool and opens a public comment period on the proposed registration review decisions. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. DATES: Comments must be received on or before September 8, 2008. ADDRESSES: Submit your comments, identified by docket identification

(ID)numbers EPA-HQ-OPP-2006-0245 for *Trichoderma* species and EPA-HQ-OPP-2006-0356 for Linalool, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs

(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is

(703)305-5805. *Instructions* : Direct your comments to docket ID numbers and the regulatory contacts listed under Table 1 for each of the cases to which you are submitting a comment. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although, listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is

(703)305-5805. FOR FURTHER INFORMATION CONTACT: For information about the biopesticides included in this document, contact the specific Regulatory contact, as identified in the Table in Unit II.A. for the biopesticide of interest. The mailing address and additional contact information is Biopesticides and Pollution Prevention Division (7511P); Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-8712; fax number:

(703)308-7026. For general questions on the registration review program, contact Peter Caulkins, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)305-6550; fax number:

(703)308-8090; e-mail address: *caulkins.peter@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, farm worker, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(703)308-8319 *morrill.stephen@epa.gov* *Trichoderma* species; Case 6050 EPA-HQ-OPP-2006-0245 Shanaz Bacchus

(703)308-8097 *bacchus.shanaz@epa.gov* The dockets for registration review of these pesticide cases include earlier documents related to the registration review of the subject cases. For example, the review opened with the posting of a Summary Document, containing a Preliminary Work Plan (PWP), for public comment. A Final Work Plan

(FWP)was posted to the docket following public comment on the initial docket. The documents in the initial docket described the Agency's rationales for not conducting new risk assessments for the registration review of the *Trichoderma* species. A new “down the drain” exposure risk assessment was considered for linalool in response to the comments received to the initial docket. A preliminary assessment indicated that a full assessment would not provide useful information, since the annual usage of linalool is so low. Thus the Agency concluded the there is no incremental risk as a result of exposure when linalool is used as labeled. These proposed registration review decisions now included in the dockets continue to be supported by those rationales included in documents in the initial dockets. Following public comment, the Agency will issue a final registration review decision for each case. The registration review program is being conducted under congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. Section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended in 1996 required EPA to establish by regulation procedures for reviewing pesticide registrations, originally with a goal of reviewing each pesticide's registration every 15 years to ensure that a pesticide continues to meet the FIFRA standard for registration. The Agency's final rule to implement this program was issued in August 2006 and became effective in October 2006 and appears at 40 CFR 155.40 The Pesticide Registration Improvement Act of 2003

(PRIA)was amended and extended in September 2007. FIFRA as amended by PRIA in 2007 requires EPA to complete registration review decisions by October 1, 2022 for all pesticides registered as of October 1, 2007. The registration review final rule provides for a minimum 60-day public comment period for all proposed registration review decisions. This comment period is intended to provide an opportunity for public input and a mechanism for initiating any necessary amendments to the proposed decision(s). All comments should be submitted using the methods in ADDRESSES , and must be received by EPA on or before the closing date. These comments will become part of the Agency Dockets for *Trichoderma* species and linalool. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. The Agency will carefully consider all comments received by the closing date and will provide a Response to Comments Memorandum in the Dockets and www.regulations.gov. The final registration review decisions will explain the effect that any comments have had on the decisions. Background on the registration review program is provided at: http://www.epa.gov/oppsrrd1/registration_review/. Quick links to earlier documents related to the registration review of this pesticide are provided at: *http://www.epa.gov/oppsrrd1/registration_review/reg_review_status.htm/* . Additional information about biopesticides can be obtained by an alphabetical search of the Biopesticide Active Ingredient Fact Sheets on *http://www.epa.gov/oppbppd1/biopesticides/ingredients/index.htm* B. What is the Agency's Authority for Taking this Action? FIFRA Section 3(g) and 40 CFR 155.40 provide authority for this action. List of Subjects Environmental protection, Pesticides, and pests, Registration review. Dated: June 30, 2008. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs [FR Doc. E8-15442 Filed 7-8-08; 8:45 a.m.] BILLING CODE 6560-50-S FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Approved by the Office of Management and Budget July 2, 2008. SUMMARY: The Federal Communications Commission has received Office of Management and Budget

(OMB)approval for the following public information collection(s) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number, and no person is required to respond to a collection of information unless it displays a currently valid OMB control number. Comments concerning the accuracy of the burden estimate(s) and any suggestions for reducing the burden should be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section below. FOR FURTHER INFORMATION CONTACT: For additional information contact Cathy Williams, Performance and Evaluation Records Management Division, Office of the Managing Director, at

(202)418-2918 or at *Cathy.Williams@fcc.gov* . SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0031. *OMB Approval Date:* June 23, 2008. *Expiration Date:* June 30, 2011. *Title:* Application for Consent to Assignment of Broadcast Station Construction Permit or License; Application for Consent to Transfer Control of Entity Holding Broadcast Station Construction Permit or License; section 73.3580, Local Public Notice of Filing of Broadcast Applications. *Form Number:* FCC Forms 314 and 315. *Estimated Annual Burden:* 12,210 responses; 1-5 hours per response; 18,790 hours total per year. *Annual Cost Burden:* $33,989,570. *Obligation to Respond:* Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 154(i), 303 and 308 of the Communications Act of 1934, as amended. *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* The Instructions to Forms 314 and 315 have been revised to reflect the new ownership limits adopted in the Third Report and Order and Second Notice of Proposed Rulemaking, FCC 07-204 (released December 11, 2007), namely, that an entity may own only one LPFM station. By amending the Rules to permanently limit LPFM eligibility, the Commission is protecting the public interest in localism and fostering greater diversity of programming from community sources. Forms 314 and 315 have also been revised to reflect the three-year holding period of an LPFM license, as adopted in the Third Report and Order, during which a licensee cannot transfer or assign a license, and must operate the station. That restriction will prevent entities from using the LPFM assignment and transfer process to undermine the Commission's LPFM policies and will ensure that the benefits to the public which were the basis for the license grant will be realized. On December 18, 2007, the Commission adopted a Report and Order and Order on Reconsideration in its 2006 Quadrennial Regulatory Review of the Commission's Broadcast Ownership Rules pursuant to section 202 of the Telecommunications Act of 1996, MB Docket No. 06-121, FCC 07-216. Section 202 requires the Commission to review its broadcast ownership rules every four years and determine whether any of such rules are necessary in the public interest. Further, section 202 requires the Commission to repeal or modify any regulation it determines to be no longer in the public interest. Consistent with actions taken by the Commission in the 2006 Quadrennial Regulatory Review, the following changes are made to Forms 314 and 315. The instructions to Forms 314 and 315 have been revised to include a reference to the 2006 Quadrennial Regulatory Review as a source of information regarding the Commission's multiple ownership attribution policies and standards. The language in section A, IV of Worksheet 3 in Forms 314 and 315 is revised. This worksheet is used in connection with section III, Item 6b of Form 314 and section IV, Item 8b of Form 315 to determine the applicant's compliance with the Commission's multiple ownership rules and cross-ownership rules set forth in 47 CFR 73.3555. The revisions to the worksheet account for changes made by the Commission in the 2006 Quadrennial Review to 47 CFR 73.3555(d), the Daily Newspaper Cross-Ownership Rule. The revised rule changes the circumstances under which an entity may own a daily newspaper and a radio station or television station in the same designated market area. In section B of Worksheet 3 of Form 314, the description of a “Daily Newspaper” is changed to comport to the definition of “Newspaper” contained in 47 CFR 73.3555(c)(3)(iii) that the Commission revised in the 2006 Quadrennial Regulatory Review. In section B of Worksheet 3 of Form 315, language from 47 CFR 73.3555(d) is added to assist applicants in their determination of compliance with the Daily Newspaper Cross-Ownership Rule. Therefore, 47 CFR 73.3555(d) (daily newspaper cross-ownership rule) states:

(1)No license for an AM, FM or TV broadcast station shall be granted to any party (including all parties under common control) if such party directly or indirectly owns, operates or controls a daily newspaper and the grant of such license will result in:

(i)The predicted or measured 2 mV/m contour of an AM station, computed in accordance with Sec. 73.183 or Sec. 73.186, encompassing the entire community in which such newspaper is published; or

(ii)The predicted 1 mV/m contour for an FM station, computed in accordance with Sec. 73.313, encompassing the entire community in which such newspaper is published; or

(iii)The Grade A contour of a TV station, computed in accordance with Sec. 73.684, encompassing the entire community in which such newspaper is published.

(2)Paragraph

(1)shall not apply in cases where the Commission makes a finding pursuant to Section 310(d) of the Communications Act that the public interest, convenience, and necessity would be served by permitting an entity that owns, operates or controls a daily newspaper to own, operate or control an AM, FM, or TV broadcast station whose relevant contour encompasses the entire community in which such newspaper is published as set forth in paragraph (1).

(3)In making a finding under paragraph (2), there shall be a presumption that it is not inconsistent with the public interest, convenience, and necessity for an entity to own, operate or control a daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV broadcast station whose relevant contour encompasses the entire community in which such newspaper is published as set forth in paragraph (1), provided that, with respect to a combination including a commercial TV station:

(i)The station is not ranked among the top four TV stations in the DMA, based on the most recent all-day (9 a.m.-midnight) audience share, as measured by Nielsen Media Research or by any comparable professional, accepted audience ratings service; and

(ii)At least 8 independently owned and operated major media voices would remain in the DMA in which the community of license of the TV station in question is located (for purposes of this provision major media voices include full-power TV broadcast stations and major newspapers).

(4)In making a finding under paragraph (2), there shall be a presumption that it is inconsistent with the public interest, convenience, and necessity for an entity to own, operate or control a daily newspaper and an AM, FM or TV broadcast station whose relevant contour encompasses the entire community in which such newspaper is published as set forth in paragraph

(1)in a DMA other than the top 20 Nielsen DMAs or in any circumstance not covered under paragraph (3).

(5)In making a finding under paragraph (2), the Commission shall consider:

(i)Whether the combined entity will significantly increase the amount of local news in the market;

(ii)whether the newspaper and the broadcast outlets each will continue to employ its own staff and each will exercise its own independent news judgment;

(iii)the level of concentration in the Nielsen Designated Market Area (DMA); and

(iv)the financial condition of the newspaper or broadcast station, and if the newspaper or broadcast station is in financial distress, the proposed owner's commitment to invest significantly in newsroom operations.

(6)In order to overcome the negative presumption set forth in paragraph

(4)with respect to the combination of a major newspaper and a television station, the applicant must show by clear and convincing evidence that the co-owned major newspaper and station will increase the diversity of independent news outlets and increase competition among independent news sources in the market, and the factors set forth above in paragraph

(5)will inform this decision.

(7)The negative presumption set forth in paragraph

(4)shall be reversed under the following two circumstances:

(i)the newspaper or broadcast station is failed or failing; or

(ii)the combination is with a broadcast station that was not offering local newscasts prior to the combination, and the station will initiate at least seven hours per week of local news programming after the combination. FCC Form 314 and the applicable exhibits/explanations are required to be filed when applying for consent for assignment of an AM, FM, LPFM or TV broadcast station construction permit or license. In addition, the applicant must notify the Commission when an approved assignment of a broadcast station construction permit or license has been consummated. FCC Form 315 and applicable exhibits/explanations are required to be filed when applying for transfer of control of an entity holding an AM, FM, LPFM or TV broadcast station construction permit or license. In addition, the applicant must notify the Commission when an approved transfer of control of a broadcast station construction permit or license has been consummated. Due to the similarities in the information collected by these two forms, OMB has assigned both forms OMB Control Number 3060-0031. 47 CFR 73.3580 requires local public notice in a newspaper of general circulation of the filing of all applications for transfer of control of license/permit. This notice must be completed within 30 days of the tendering of the application. This notice must be published at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be placed in the public inspection file along with the application. Additionally, an applicant for transfer of control of license must broadcast the same notice over the station at least once daily on four days in the second week immediately following the tendering for filing of the application. The Commission's actions in this proceeding did not revise this requirement. *OMB Control Number:* 3060-0110. *OMB Approval Date:* June 23, 2008. *Expiration Date:* June 30, 2011. *Title:* Application for Renewal of Broadcast Station License; Section 73.3555(d), Daily Newspaper Cross Ownership. *Form Number:* FCC Form 303-S. *Estimated Annual Burden:* 3,217 responses; 1-11.83 hours per response; 6,335 hours total per year. *Annual Cost Burden:* $1,730,335. *Obligation to Respond:* Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 154(i), 303, 307 and 308 of the Communications Act of 1934, as amended, and section 204 of the Telecommunications Act of 1996. *Nature and Extent of Confidentiality:* There is no need for confidentiality. *Needs and Uses:* On December 18, 2007, the Commission adopted a Report and Order and Order on Reconsideration in its 2006 Quadrennial Regulatory Review of the Commission's Broadcast Ownership Rules pursuant to section 202 of the Telecommunications Act of 1996, MB Docket No. 06-121, FCC 07-216. Section 202 requires the Commission to review its broadcast ownership rules every four years and determine whether any of such rules are necessary in the public interest. Further, section 202 requires the Commission to repeal or modify any regulation it determines to be no longer in the public interest. Consistent with actions taken by the Commission in the 2006 Quadrennial Regulatory Review, changes are made to Form 303-S to account for revisions made to 47 CFR 73.3555(d), the Daily Newspaper Cross-Ownership Rule. The revised rule changes the circumstances under which an entity may own a daily newspaper and a radio station or television station in the same designated market area. In section III of Form 303-S, a new Question 7 is added which asks the licensee to certify that neither it nor any party to the application has an attributable interest in a newspaper that is within the scope of 47 CFR 73.3555(d). Instructions for this new question are added to Form 303-S, and include a reference to the 2006 Quadrennial Regulatory Review as a source of information regarding the Commission's newspaper/broadcast cross-ownership rule. Therefore, 47 CFR 73.3555(d) (daily newspaper cross-ownership rule) states:

(i)The predicted or measured 2 mV/m contour of an AM station, computed in accordance with Sec. 73.183 or Sec. 73.186, encompassing the entire community in which such newspaper is published; or

(ii)The predicted 1 mV/m contour for an FM station, computed in accordance with Sec. 73.313, encompassing the entire community in which such newspaper is published; or

(iii)The Grade A contour of a TV station, computed in accordance with Sec. 73.684, encompassing the entire community in which such newspaper is published.

(2)Paragraph

(ii)At least 8 independently owned and operating major media voices would remain in the DMA in which the community of license of the TV station in question is located (for purposes of this provision major media voices include full-power TV broadcast stations and major newspapers).

(1)in a DMA other than the top 20 Nielsen DMAs or in any circumstance not covered under paragraph (3).

(5)In making a finding under paragraph (2), the Commission shall consider:

(i)Whether the combined entity will significantly increase the amount of local news in the market;

(ii)whether the newspaper and the broadcast outlets each will continue to employ its own staff and each will exercise its own independent news judgment;

(iii)the level of concentration in the Nielsen Designated Market Area (DMA); and

(6)In order to overcome the negative presumption set forth in paragraph

(5)will inform this decision.

(7)The negative presumption set forth in paragraph

(4)shall be reversed under the following two circumstances:

(i)The newspaper or broadcast station is failed or failing; or

(ii)the combination is with a broadcast station that was not offering local newscasts prior to the combination, and the station will initiate at least seven hours per week of local news programming after the combination. FCC Form 303-S is used in applying for renewal of license for a commercial or noncommercial AM, FM or TV broadcast station and FM translator, TV translator or Low Power TV (LTV), and Low Power FM broadcast stations. It can also be used in seeking the joint renewal of licenses for an FM or TV translator station and its co-owned primary FM, TV, or LPTV station. This collection also includes the third party disclosure requirement of 47 CFR Section 73.3580. This section requires local public notice of the filing of the renewal application. For AM, FM, and TV stations, these announcements are made on-the-air. For FM/TV Translators and AM/FM/TV stations that are silent, the local public notice is accomplished through publication in a newspaper of general circulation in the community or area being served. Federal Communications Commission. William F. Caton, Deputy Secretary. [FR Doc. E8-15584 Filed 7-8-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget, Comments Requested July 2, 2008. SUMMARY: As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act

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

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

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

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

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before August 8, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Submit your comments to Nicholas A. Fraser, Office of Management and Budget (e-mail address: *nfraser@omb.eop.gov* ), and to the Federal Communications Commission's PRA mailbox (e-mail address: *PRA@fcc.gov* ). Include in the e-mails the OMB control number of the collection as shown in the SUPPLEMENTARY INFORMATION section below or, if there is no OMB control number, the Title as shown in the SUPPLEMENTARY INFORMATION section. If you are unable to submit your comments by e-mail contact the person listed below to make alternate arrangements. FOR FURTHER INFORMATION CONTACT: For additional information contact Jerry Cowden via e-mail at *PRA@fcc.gov* or at 202-418-0447. To view or obtain a copy of an information collection request

(ICR)submitted to OMB:

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

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

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

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

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

(6)when the list of FCC ICRs currently under review appears, look for the OMB control number of the ICR you want to view (or its title if there is no OMB control number) and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: *OMB Control Number:* None. *Title:* Information Collection Regarding Redundancy, Resiliency and Reliability of 911 and E911 Networks and/or Systems as set forth in the Commission's Rules (47 CFR 12.3). *Form No.:* Not applicable. *Type of Review:* New collection. *Respondents:* Business or other for-profit. *Number of Respondents and Responses:* 74 respondents; 74 responses. *Estimated Time per Response:* 105.3 hours (120 hours for local exchange carriers, 72 hours for commercial mobile radio service providers, and 40 hours for interconnected Voice over Internet Protocol service providers). *Frequency of Response:* One-time reporting. *Obligation to Respond:* Mandatory (47 CFR 12.3). *Total Annual Burden:* 7,792 hours. *Total Annual Cost:* None. *Privacy Act Impact Assessment:* This information collection does not affect individuals or households, and therefore a privacy impact assessment is not required. *Nature and Extent of Confidentiality:* These reports will contain sensitive data and, for reasons of national security and the prevention of competitive injury to reporting entities, Section 12.3 of the Commission's rules specifically states that all reports will be afforded confidential treatment. These reports will be shared pursuant to a protective order with only the following three entities, if the entities file a request for the information: The National Emergency Number Association, The Association of Public Safety Communications Officials, and The National Association of State 9-1-1 Administrators. All other access to these reports must be sought pursuant to procedures set forth in 47 CFR 0.461. Notice of any requests for inspection of these reports will be provided to the filers of the reports pursuant to 47 CFR 0.461(d)(3). *Needs and Uses:* The Commission, in order to help fulfill its statutory obligation to make wire and radio communications services available to all people in the United States for the purpose of the national defense and promoting safety of life and property, released an Order (FCC 07-107) that adopted a rule requiring analysis of 911 and E911 networks and/or systems and reports to the Commission on the redundancy, resiliency and reliability of those networks and/or systems (47 CFR 12.3). It is critical that Americans have access to a resilient and reliable 911 system irrespective of the technology used to provide the service. These analyses and reports on the redundancy, resiliency, and dependability of 911 and E911 networks and systems will further this goal. This requirement will serve the public interest and further the Commission's statutory mandate to promote the safety of life and property through the use of wire and radio communication. See 47 U.S.C. 151. This rule obligates local exchange carriers (LECs), commercial mobile radio service

(CMRS)providers that are required to comply with the wireless 911 rules set forth in Section 20.18 of the Commission's rules, and interconnected Voice over Internet Protocol

(VoIP)service providers to analyze their 911 and E911 networks and/or systems and file a detailed report to the Commission on the redundancy, resiliency and reliability of those networks and/or systems. LECs that meet the definition of a Class B company set forth in Section 32.11(b)(2) of the Commission's rules, non-nationwide commercial mobile radio service providers with no more than 500,000 subscribers at the end of 2001, and interconnected VoIP service providers with annual revenues below the revenue threshold established pursuant to Section 32.11 of the Commission's rules are exempt from this rule. The reports are due 120 days from the date that the Commission or its staff announces activation of the 911/E911 network and system reporting process. *Description of Information Collection:* The Commission delegated authority to the Public Safety and Homeland Security Bureau (Bureau) to implement and activate a process through which these reports will be submitted. The Bureau will collect these reports through a Web interface that will input the reports into an electronic database partitioned for each entity type subject to Section 12.3 of the Commission's rules (i.e., LECs, CMRS providers required to comply with section 20.18 of the Commission's rules, and interconnected VoIP service providers). Respondents that are subject to state regulations requiring the reporting of similar information may meet the requirements of section 12.3 by submitting the state report, provided that the state report includes the relevant information required by this section 12.3 information collection. The system will also allow users to provide additional information about the redundancy, resiliency and dependability of their 911 and E911 networks and systems. This data collection system will carefully restrict access to the data. Users will be able to input and see data for their company, but will not be able to see or input data for another company. The system will also allow users to input other information they may wish to provide about the redundancy, resiliency and dependability of their 911 and E911 networks and systems. The Commission also delegated authority to the Bureau to establish the specific data that will be required. The following is the information that the Bureau will require from LECs, CMRS providers and interconnected VoIP service providers pursuant to Section 12.3. *LECs (including incumbent LECs and competitive LECs).* Each LEC will be asked to provide the FCC Registration Number(s) of the responding carrier and the OCN (LERG assigned service provider number) the responding carrier. For each state in which LECs provide service, they will be asked to provide the following information on a state-by-state basis. LECs will be required to provide information about switches to Selective Routers, specifically, information about those switches that they own or operate. LECs must report the percent of switches that they own or operate in the network from which 911 calls originate. With respect to those switches, LECs must identify the percent of switches with logically diverse paths to their primary Selective Routers. Logical diversity is achieved when redundant circuits are assigned between the source node and the destination node. For switches for which they have not provided or made arrangements for a logically diverse path, LECs must discuss the circumstances, including why logically diverse paths are not provisioned, and any plans to provide logically diverse paths in the future. With respect to those switches that a LEC owns or operates in the network from which 911 calls originate, LECs must also report the percent of switches with physically diverse connections to their primary Selective Routers. Physical diversity is achieved when geographically separated redundant facilities are assigned between the source node and the destination node. For those switches for which LECs have not provided or made arrangements for physically diverse connections, they must discuss the circumstances including why physically diverse paths are not provisioned and any plans to provide physically diverse connections in the future. LECs must also provide information if they own or operate Selective Routers. They must provide the percent of Selective Routers with at least one alternate Selective Router for at least 50% of the 911 traffic. If they have not provided or made arrangements for alternate selective routers for at least 50% of 911 traffic, they must discuss the circumstances including why an alternate selective router for at least 50% of 911 traffic is not provisioned and any plans to provide an alternate selective router in the future. With respect to Selective Routers to public safety answering points (PSAPs), LECs must provide the following information if they own or operate Selective Routers but only for the PSAPs supported by those Selective Routers. LECs must state the number of PSAPs supported by their Selective Routers and the percent of PSAPs with an alternate (back-up) Selective Router in addition to the primary Selective Router. For those PSAPs for which a LEC has not provided or made arrangements for an alternate (back-up) Selective Router in addition to the primary Selective Router, the LEC needs to discuss the circumstances including why an alternative (back-up) selective router is not provisioned and any plans to provide an alternate (back-up) selective router in the future. LECs must also identify the percent of PSAPs with logically diverse paths to their primary Selective Router. For those PSAPs for which a LEC has not provided or made arrangements for logically diverse paths to the primary Selective Router, they must discuss the circumstances including why logically diverse paths are not provisioned, and any plans to provide logically diverse paths in the future. LECs must also report the percent of PSAPs with physically diverse connections to their primary Selective Router. For those PSAPs for which they have not provided or made arrangements for physically diverse connections to the primary Selective Router, LECs must discuss the circumstances including why physically diverse paths are not provisioned and any plans to provide physically diverse paths in the future. Further, LECs must report the percent of PSAPs with logically diverse paths to their primary Selective Router in which the interoffice portion of the connections to the primary Selective Router is physically diverse. The interoffice network consists of facilities and transmission equipment that interconnects switching offices in a telecommunications inter-exchange network. For those PSAPs with logically diverse paths to the primary Selective Router for which they have not provided or made arrangements for physical diversity in the interoffice portion of the connections to the primary Selective Routers, LECs must discuss the circumstances including why such physical diversity is not provisioned and any plans to provide such physical diversity in the future. LECs will also need to provide the percent of PSAPs where the connection between the PSAP and the primary Selective Router is physically diverse from the connection between the PSAP and the alternate Selective Router. For those PSAPs for which the connection between the PSAP and the primary Selective Router is not physically diverse from the connection between the PSAP and the alternate Selective Router, LECs must discuss the circumstances including why such physically diverse connections are not provisioned and any plans to provide such physically diverse connections in the future. Finally, LECs must provide the percent of PSAPs where the interoffice portion of the connection from the PSAP to the primary Selective Router is physically diverse from the interoffice portion of the connection from the PSAP to the alternate Selective Router. For those PSAPs where the interoffice portion of the connection from the PSAP to the Selective Router is not physically diverse from the interoffice portion of the connection from the PSAP to the alternate Selective Router, LECs must discuss the circumstances including why such physical diversity is not provisioned and any plans to provide physical diversity in the future. Additionally, LECs that own or operate Selective Routers must provide information about alternate PSAPs, but only for the PSAPs supported by those Selective Routers. These LECs will be required to provide the percent of PSAPs for which traffic is automatically rerouted to another PSAP if the PSAP is unavailable. For those PSAPs without automatic re-routing, they need to discuss the circumstances including why automatic re-routing to another PSAP is not provisioned and any plans to provide such automatic re-routing in the future. LECs will also be required to provide specific information if they own or operate Automatic Location Information

(ALI)databases. LECs must provide the number of ALI Database pairs (redundant). An ALI database pair is a configuration of two ALI databases that will operate seamlessly even if one of the two databases fails. LECs that own or operate ALI databases will also be required to state the percent of PSAPs supported by ALI database pairs in which the connections from the ALI databases to the PSAP are physically diverse. For those PSAPs supported by ALI database pairs in which the connections from the ALI databases to the PSAP are not physically diverse, LECs must discuss the circumstances including why physically diverse connections are not provisioned and any plans to provide physically diverse connections in the future. LECs that own or operate ALI databases must also provide the percent of PSAPs supported by ALI database pairs in which the interoffice portion of the connections from the ALI databases to the PSAP are physically diverse. For those PSAPs supported by ALI database pairs in which the interoffice portion of the connections from the ALI databases to the PSAP are not physically diverse, they must discuss the circumstances including why such physical diversity is not provisioned and any plans to provide such physical diversity in the future. *CMRS Providers.* Each CMRS provider will be asked to provide the FRN of the responding provider and the OCN of the responding provider. CMRS providers must provide information for each area in which the CMRS provider serves. Regarding Mobile Switching Centers

(MSCs)to Selective Routers, CMRS providers must provide information for the MSCs that they own or operate. This information includes the:

(1)Percent of MSCs in network that have Phase I E911 capability;

(2)percent of MSCs in network that have Phase II E911 capability; and

(3)percent of MSCs with logically diverse paths to primary Selective Routers. For those MSCs for which CMRS providers have not provided or made arrangements for logically diverse paths, they are required to discuss the circumstances including why logically diverse paths are not provisioned and any plans to provide logically diverse paths in the future. CMRS providers must also report the percent of MSCs with physically diverse connections to their primary Selective Routers. For those MSCs for which they have not provided or made arrangements for physically diverse connections, CMRS providers must discuss the circumstances including why physically diverse connections are not provisioned and any plans to provide physically diverse connections in the future. CMRS providers must also provide information about MSCs to Mobile Positioning Centers

(MPCs)or Gateway Mobile Location Centers (GMLCs). They must report the percent of MSCs connected to a pair of MPCs/GMLCs. MSCs can be connected to a pair of MPCs/GMLCs for redundancy. In configurations like this, the MSC will continue to provide positioning information even if one of the MPCs/GMLCs suffers an outage. CMRS providers must also state the percent of MSCs with logically diverse paths to their primary MPCs/GMLCs. For MSCs for which they have not provided or made arrangements for logically diverse paths to the primary MPCs/GMLCs, CMRS providers must discuss the circumstances, including why logically diverse paths are not provisioned and any plans to provide logically diverse paths in the future. They must also provide the percent of MSCs with physically diverse connections to their primary MPCs/GMLCs. For those MSCs for which CMRS providers have not provided or made arrangements for physically diverse connections, they must discuss the circumstances including why physically diverse connections are not provisioned and any plans to provide physically diverse connections in the future. Further, CMRS providers must report the percent of MSCs where the connection from the MSC to the primary MPC/GMLC is physically diverse from the connection to the alternate MPC/GMLC. For those MSCs where the connection from the MSC to the primary MPC/GMLC is not physically diverse from the connection to the alternate MPC/GMLC, providers must discuss the circumstances including why physically diverse connections are not provisioned and any plans to provide physically diverse connections in the future. CMRS providers that own or operate MPCs/GMLCs must report additional information, including the percent of MPCs/GMLCs for which there is an alternate MPC/GMLC. This question is concerned with the percentage of MPCs/GMLCs that are backed up. An earlier question asked about the percentage of MSCs that are served by a pair of MPCs/GMLCs. Both questions address the redundancy of MPCs/GMLCs but this one addresses MPC/GMLC pairing while the previous one addressed redundant access from MSCs to MPC/GMLC pairs. For those MPCs/GMLCs that do not have alternates, CMRS providers must discuss the circumstances including why alternate MPCs/GMLCs are not provisioned and any plans to provide alternate MPCs/GMLCs in the future. CMRS providers must also state whether they are able to pass location information from more than one MPC/GMLC. For those cases in which they are not able to do so, they must discuss the circumstances including why the capability to pass location information from more than one MPC/GMLC is not provisioned and any plans to provide this capability in the future. CMRS providers that own or operate MPCs/GMLCs must also report whether there are logically diverse paths from each MPC/GMLC to either the primary ALI database or the back-up ALI database. For those cases where they have not provided or made arrangements for logically diverse paths, CMRS providers must discuss the circumstances including why logically diverse paths are not provisioned and any plans to provide logically diverse paths in the future. Additionally, CMRS providers that own or operate MPCs/GMLCs must state whether there are physically diverse connections from each MPC/GMLC to either the primary ALI database or the back-up ALI database. For those cases where they have not provided or made arrangements for physically diverse connections, they must discuss the circumstances including why physically diverse connections are not provisioned and any plans to provide physically diverse connections in the future. *Interconnected VoIP Service Providers.* Each responding interconnected VoIP service provider will be asked to report their FRN, if any, and OCN, if any. Interconnected VoIP providers will have to provide information about interconnection to Selective Routers and third-party providers. They must report the percent of switches wherein 911 service is provided by the interconnected VoIP provider, where the VoIP provider has a direct connection to Selective Routers. Additionally, interconnected VoIP service providers will be required to report the percent of switches wherein 911 service is provided by a third party, where another company is utilized to route 911 calls. Interconnected VoIP service providers that have direct connections to Selective Routers must report the percent of switches with logically diverse paths to their primary Selective Routers—for cases when the VoIP provider has direct connections to Selective Routers. For switches for which they have not provided or made arrangements for logically diverse paths, they must discuss the circumstances, including why logically diverse connections are not provisioned and any plans to provide logically diverse paths in the future. Interconnected VoIP service providers that have direct connections to Selective Routers must also report the percent of switches with physically diverse connections to their primary Selective Routers. For those switches for which they have not provided or made arrangements for physically diverse connections, they must discuss the circumstances including why physically diverse connections are not provisioned and any plans to provide physically diverse connections in the future. Interconnected VoIP service providers that use a third party to provide connections to Selective Routers must report the percent of switches with logically diverse paths to their primary access points—for cases when the VoIP provider uses a third party. For switches for which they have not provided or made arrangements for logically diverse paths to their primary access points, they must discuss the circumstances including why logically diverse paths are not provisioned and any plans to provide logically diverse paths in the future. Interconnected VoIP service providers that use a third party to provide connections to Selective Routers are also required to report the percent of switches with physically diverse connections to their primary access points. For those switches for which they have not provided or made arrangements for physically diverse connections to their primary access points, they must describe the circumstances including why physically diverse connections are not provisioned and any plans to provide physically diverse connections in the future. Responding LECs, CMRS providers and interconnected VoIP service providers must also provide information regarding disaster planning for the resiliency and reliability of 911 architecture. All respondents must state whether they have a contingency plan that addresses the maintenance and restoration of 911/E911 service during and following disasters. If the answer is “yes,” the respondent will be asked to describe its contingency plan including those elements that address the maintenance and restoration of 911/E911 service. If the answer is “no,” the respondent will be asked to discuss the circumstances including why it does not have a contingency plan that addresses 911/E911 maintenance and restoration and any plans to develop such a contingency plan in the future. Respondents that do have a contingency plan that addresses the maintenance and restoration of 911/E911 service must state whether they regularly test their plan. If respondents answer “yes” to this question, they must describe the program for testing their contingency plan, including the extent to which they periodically test to ensure that the critical components (e.g., automatic re-routes, PSAP Make Busy Key) included in contingency plans work as designed and the extent they involve PSAPs in tests of their contingency plan. Respondents that answer “no” will be asked to discuss the circumstances including why they do not test their contingency plan and any plans to test their plan in the future. All respondents must state whether they have a routing plan so that, in the case of a lost connection of dedicated transport facilities between the originating switch/MSC and the Selective Router, 911 calls are routed over alternate transport facilities. Respondents that answer “yes” must describe their routing plan. Respondents that answer “no” must discuss the circumstances and any plans to develop such a plan in the future. All responding LECs, CMRS providers and interconnected VoIP service providers must state whether, in cases where 911 service is disrupted, they make test calls to assess the impact as part of the restoration process. If the answer is “no,” respondents must discuss the circumstances including why they do not make test calls as part of the restoration process and any plans to do so in the future. Respondents must also state whether their company makes additional test calls when service is restored and, if not, they must discuss why they do not make additional test calls. All respondents must describe any current plans they have to migrate to next generation 911 (NG911) architecture once a standard for NG911 has been developed. Finally, respondents are asked to provide any additional relevant information regarding steps they have taken to ensure redundancy, resiliency and reliability of their 911/E911 facilities. Federal Communications Commission. William F. Caton, Deputy Secretary. [FR Doc. E8-15586 Filed 7-8-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Radio Broadcasting Services; AM or FM Proposals To Change the Community of License AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: The following applicants filed AM or FM proposals to change the community of license: DAVAO LLC, Station KWAP, Facility ID 165961, BMPH-20080611AAZ, From PINE HAVEN, WY, To ROZET, WY; JER LICENSES, LLC, Station NEW, Facility ID 170966, BNPH-20070502ACF, From GRAPELAND, TX, To BULLARD, TX; MATINEE RADIO, LLC, Station KKUL-FM, Facility ID 164216, BMPH-20080523ADF, From GROVETON, TX, To TRINITY, TX; ULTIMATE CAPS, INC., Station KYDT, Facility ID 78241, BPH-20080611ABA, From SUNDANCE, WY, To PINE HAVEN, WY; UNITED STATES CP, LLC, Station KXCL, Facility ID 164277, BPH-20080606AES, From WESTCLIFFE, CO, To FORT CARSON, CO. DATES: Comments may be filed through September 8, 2008. ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Tung Bui, 202-418-2700. SUPPLEMENTARY INFORMATION: The full text of these applications is available for inspection and copying during normal business hours in the Commission's Reference Center, 445 12th Street, SW., Washington, DC 20554 or electronically via the Media Bureau's Consolidated Data Base System, *http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm* . A copy of this application may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com.* Federal Communications Commission. James D. Bradshaw, Deputy Chief, Audio Division, Media Bureau. [FR Doc. E8-15593 Filed 7-8-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Web site ( *http://www.fmc.gov* ) or contacting the Office of Agreements

(202)523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 010979-046. *Title:* Caribbean Shipowners Association. *Parties:* Bernuth Lines, Ltd.; CMA CGM, S.A.; Crowley Liner Services, Inc.; Seaboard Marine, Ltd.; Seafreight Line, Ltd.; Tropical Shipping and Construction Co., Ltd.; Sea Star Line Caribbean, LLC; and Zim Integrated Shipping Services, Ltd. *Filing Party:* Wayne R. Rohde, Esq.; Sher and Blackwell; 1850 M Street NW., Suite 900; Washington, DC 20036. *Synopsis:* The amendment deletes Interline Connection, N.V. as a party to the agreement. *Agreement No.:* 011733-024. *Title:* Common Ocean Carrier Platform Agreement. *Parties:* A.P. Moller-Maersk A/S; CMA CGM; Hamburg-Süd; Hapag-Lloyd AG; Mediterranean Shipping Company S.A.; and United Arab Shipping Company (S.A.G.) as shareholder parties, and Alianca Navegacao e Logistica Ltda.; Compania Sud Americana de Vapores, S.A.; Companhia Libra de Navegacao; COSCO Container Lines Co., Ltd.; Emirates Shipping Lines; Hanjin Shipping Co., Ltd.; Hyundai Merchant Marine Co. Ltd; Kawasaki Kisen Kaisha, Ltd.; MISC Berhad; Mitsui O.S.K. lines Ltd.; Nippon Yusen Kaisha; Safmarine Container Lines N.V.; Senator Lines GmbH; Norasia Container Lines Limited; Tasman Orient Line C.V. and Zim Integrated Shipping as non-shareholder parties. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment adds Zim Integrated Shipping Services, Ltd. as a non-shareholder party to the agreement. *Agreement No.:* 012003-001. *Title:* APL/CMA CGM/HMM/MOL China/U.S. East Coast Via Panama Vessel Sharing Agreement. *Parties:* APL Co. Pte Ltd.; American President Lines, Ltd.; CMA CGM S.A.; Hyundai Merchant Marine Co., Ltd.; and Mitsui O.S.K. Lines, Ltd. *Filing Party:* Brook M. Thibault, Esq.; CMA CGM (America) LLC; 5701 Lake Wright Drive; Norfolk, VA 23502. *Synopsis:* The amendment revises the vessel contribution of the parties. It also restates the agreement and changes the name to the CMA CGM/TNWA China/U.S. East Coast Via Panama Vessel Sharing Agreement. *Agreement No.:* 012007-001. *Title:* APL/CMA CGM South East Asia and Sri Lanka/U.S. East Coast via Suez Slot Charter Agreement. *Parties:* APL Co. Pte. Ltd/American President Lines, Ltd. (“APL”); and CMA CGM S.A (“CMA”). *Filing Party:* Eric C. Jeffrey, Esq.; Goodwin Procter, LLP; 901 New York Avenue, NW.; Washington, DC 20001. *Synopsis:* The amendment increases the number of slots that APL charters to CMA CGM and revises the duration and termination provisions. By Order of the Federal Maritime Commission. Dated: July 3, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-15567 Filed 7-8-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel Operating Common Carrier Ocean Transportation Intermediary Applicants Fidelity Logistics Corp., 20 W. Lincoln Ave., Ste. 302, Valley Stream, NY 11580, Officer: Chenbang Lee, Vice President, (Qualifying Individual). Intimove Inc., 1880 NE. 170 Street, North Miami Beach, FL 33162, Officer: David Etzion, President, (Qualifying Individual). Transportes Zuleta, Inc., 844 W. Flagler Street, Miami, FL 33130, Officers: Lourdes Callejas, Secretary, (Qualifying Individual), Jacqueline Morales, President. South Florida Logistic Partners, 330 SW 27th Avenue, #605, Miami, FL 33133, Officer: Manuel D. Perez, President, (Qualifying Individual). Alto Air Freight, Inc., 145 Hook Creek Blvd., Building B6A, Valley Stream, NY 11581, Officers: Rose Pierini, Vice President, (Qualifying Individual), Neil Silver, President. Veco Logistics Miami, Inc., 8375 NW. 68 Street, Miami, FL 33166, Officers: Zuny Hernandez, Treasurer, (Qualifying Individual), Zoraida E. Serrano, President. Fast Track Worldwide Logistics, Inc., 1841 NW. 93rd Avenue, Miami, FL 33172, Officer: Niurka Alvarado, President, (Qualifying Individual). Speedway Freight Services, Inc., 144-26 150th Street, Jamaica, NY 11434, Officer: Woong C. Kang, President, (Qualifying Individual). Fidelity Logistics Corp., 20 W. Lincoln Avenue, Valley Stream, NY 11580, Officer: Chenbang Lee, Vice President, (Qualifying Individual). Non-Vessel Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants Lion Transport, Inc., 1835 NW. 112 Avenue, Ste. 176, Doral, FL 33172, Officer: Silvia E. Bustamante, President, (Qualifying Individual). Charter 3 Global, LLC, 1420 Hillcrest Avenue, Kalamazoo, MI 49008, Officers: Michiharu Yoshikawa, Vice President, (Qualifying Individual), Bill Hammons, Jr., President. Morrison Express Corporation, 2000 Hughes Way, El Segundo, CA 90245, Officer: William F. Woods, Jr., Director, (Qualifying Individual). Dyno Global Projects, LLC, 99 Morris Avenue, Springfield, NJ 07081, Officer: George Meier, Member, (Qualifying Individual). STD Logistics, LTD, One Cross Island Plaza, #304, Jamaica, NY 11422, Officer: Sheldon Stone, President, (Qualifying Individual). All Services & Merchandise Corp dba Cargo Mundo, 2840 NW. 108 Avenue, Miami, FL 33172, Officer: Henry A. Herrera, President. Connected International, Inc., 6250 W. Century Blvd., Ste. 213, Los Angeles, CA 90045, Officers: Hung F. Dai, President, (Qualifying Individual), Matthew Timmer, Secretary. TMO Global Logistics, LLC, 600 Peter Jefferson Parkway, #310, Charlottesville, VA 22911, Officer: Christopher M. Ball, Vice President, (Qualifying Individual). Seaport Int'l Freight Consolidators, Inc., dba Seaport Int'l Freight Consolidators, dba Seaport Int'l Freight Forwarder & Consollidators, 10230 SW 20th Street, Miramar, FL 33025, Officers: Winston Barrett, Treasurer, (Qualifying Individual), Floyd O. Chin, President. Nor-Cargo US, Inc., 3340-B Greens Road, Ste. 605, Houston, TX 77032, Officer: Sten Svendsen, President, (Qualifying Individual). 1 Trade Fwding Inc. dba 1 Trade Logistics, 751 Port America Place, #650, Grapevine, TX 76051, Officer: Juan Arango, Vice President, (Qualifying Individual). Mainfreight, Inc., 1400 Glenn Curtiss Street, Carson, CA 90746, Officer: Christopher A. Coopersmith, President. Montes Conection dba Montes Forwarding, 1050 Front Street, Slidell, LA 70458, Officers: Maria V. Montes, President, (Qualifying Individual), Juan M. Montes, Vice President. Litmark, Inc., 718 Lane Avenue N., Jacksonville, FL 32254, Officer: Alfredas Tamole, President, (Qualifying Individual). Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants Fracht FWO Inc., 29 W. 30th Street, 12th Floor, New York, NY 10001, Officer: Werner H.J. Seyfried, Vice President, (Qualifying Individual). Customs Cleared Company, Inc., 2753 S. Mendenhall, #11F, Memphis, TN 38115, Officer: Karen Wood, President, (Qualifying Individual). South Florida Freight Forwarding, 330 SW 27th Avenue, #605, Miami, FL 33135, Officer: Manuel D. Perez, President, (Qualifying Individual). Dated: July 3, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E8-15568 Filed 7-8-08; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 1, 2008 **A. Federal Reserve Bank of Atlanta** (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: *1. Community Bancshares of Mississippi, Inc., Employee Stock Ownership Plan, Brandon, Mississippi;* to acquire up to an additional 0.67 percent for a total of 18.99 percent, of the voting shares of Community Bancshares of Mississippi, Inc., Brandon, Mississippi, and thereby indirectly acquire its wholly-owned bank subsidiaries, Community Bank of North Mississippi, Amory, Mississippi; Community Bank of Mississippi, Forest, Mississippi; Community Bank Meridian, Meridian, Mississippi; Community Bank, N.A., Memphis, Tennessee; Community Bank Ellisville, Ellisville, Mississippi; Community Bank Coast, Biloxi, Mississippi; its 100 percent owned middle-tier bank holding company Community Holding Company of Alabama, Brandon, Mississippi, and its wholly-owned subsidiary bank, Community Bank, N.A., Mobile, Alabama. **B. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. NATCOM Bancshares, Inc., Superior, Wisconsin;* to acquire 100 percent of Superior Bancorporation, Ltd., Superior, Wisconsin and thereby indirectly acquire Community Bank, Superior, Wisconsin. Board of Governors of the Federal Reserve System, July 3, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-15558 Filed 7-8-08; 8:45 am] BILLING CODE 6210-01-S GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0197] General Services Administration Acquisition Regulation;Information Collection; GSAR Provision 552.237-70, Qualifications of Offerors AGENCY: Office of the Chief Acquisition Officer, GSA. ACTION: Notice of request for comments regarding a renewal to an existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration has submitted to the Office of Management and Budget

(OMB)a request to review and approve an extension of a currently approved information collection requirement regarding the qualifications of offerors. A request for public comments was published at 73 FR 4233, January 24, 2008. No comments were received. This OMB clearance expires on July 30, 2008. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected. DATES: Submit comments on or before: August 8, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Michael Jackson, Contract Policy Division, GSA,

(202)208-4949. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to Ms. Jasmeet Seehra, GSA Desk Officer, OMB, Room 10236, NEOB, Washington, DC 20503, and a copy to the Regulatory Secretariat (VPR), General Services Administration, Room 4041, 1800 F Street, NW., Washington, DC 20405. Please cite OMB Control No. 3090-0197, GSAR Provision 552.237-70, Qualifications of Offerors, in all correspondence. SUPPLEMENTARY INFORMATION: A. Purpose The General Services Administration

(GSA)has various mission responsibilities related to the acquisition and provision of service contracts. These mission responsibilities generate requirements that are realized through the solicitation and award of contracts for building services. Individual solicitations and resulting contracts may impose unique information collection and reporting requirements on contractors not required by regulation, but necessary to evaluate particular program accomplishments and measure success in meeting program objectives. B. Annual Reporting Burden *Respondents* : 6794 *Responses Per Respondent* : 1 *Hours Per Response* : 1 *Total Burden Hours* : 6794. *Obtaining copies of proposals* : Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone

(202)501-4755. Please cite OMB Control No. 3090-0197, GSAR Provision 552.237-70, Qualifications of Offerors, in all correspondence. Dated: July 1, 2008 Al Matera, Director,Office of Acquisition Policy. [FR Doc. E8-15524 Filed 7-8-08; 8:45 am] BILLING CODE 6820-61-S DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: OS-0990-0223; 30-day notice] Agency Information Collection Request. 30-Day Public Comment Request AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

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

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to *Sherette.funncoleman@hhs.gov* , or call the Reports Clearance Office on

(202)690-5683. Written comments and recommendations for the proposed information collections must be received within 30 days of this notice directly to the OS OMB Desk Officer all comments must be faxed to OMB at 202-395-6974. *Proposed Project:* Evaluation of the Cash and Counseling Demonstration—OMB No. 0990-0223—Reinstatement with Changes—Assistant Secretary of Planning and Evaluation (ASPE). *Abstract:* The original evaluation of the national Cash and Counseling Demonstration was intended to include three groups: self-directing consumers, a control group, and non-participants. When funding was not available to survey all groups, the non-participant sample was removed. The subsequent evaluations showed that self-directing consumers were more satisfied with their supportive services, reported fewer unmet needs, and enjoyed greater well-being than other Medicaid programs. Still, despite these apparent benefits, relatively few of the beneficiaries who were eligible to participate in Cash and Counseling demonstrations elected to do so (8 to 15 percent). Since that time, the Cash and Counseling program has been expanded under the 1915(j)(2) Section of the Deficit Reduction Act of 2005 and beginning January 1, 2007, states were permitted to offer the program to Medicaid recipients without demonstrating budget neutrality and without a requirement for periodic renewal of the state plan amendment as required for “1115” or “1915”

(c)waivers. This study involves drawing a sample from Medicaid beneficiaries in New Jersey who are eligible to enroll in the state's Cash and Counseling program. The qualifications for enrollment have not changed since the original research. This study will include only individuals who did not enroll (non-participants) who will be compared to those who did enroll (and about whom data were collected) during the original demonstration/evaluation data collection as well as those who have enrolled since (about whom the state of New Jersey collects descriptive data for Medicaid program administrative purposes). The government will conduct 600 one-time telephone interviews over a three-month period. The survey includes questions asked in the original evaluation of the Cash and Counseling demonstration surveys, as well as original questions designed to measure factors related to nonparticipation. These questions will allow comparisons between participants and non-participants of the Cash and Counseling demonstration. Estimated Annualized Burden Hours Type of respondent Form name Number of respondents Number responses per respondent Average burden per response (in hours) Total burden hours Non-Participants (or Proxies) Telephone Interview 600 1 27/60 270 Mary Oliver-Anderson, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E8-15571 Filed 7-8-08; 8:45 am] BILLING CODE 4150-05-P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: OS-0990-New] Agency Information Collection Request. 30-Day Public Comment Request; 30-day Notice AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

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

(OGHA)and the Assistant Secretary for Planning and Evaluation (ASPE), within the U.S Department of Health and Human Services (HHS), are requesting Office of Management and Budget

(OMB)approval for a collection of information to evaluate two components of the *Afghanistan Health Initiative (AHI)* . The Afghanistan Health Initiative is authorized by the Afghanistan Freedom Support Act of 2002 [Pub. L. 107-327 § 103(a)]. The *AHI's* goal is to improve maternal and child health and to reduce maternal and child mortality in Afghanistan, primarily through strengthening and updating the knowledge and skills of clinical service providers and managers at the Rabia Balkhi Hospital

(RBH)in Kabul. Under the *AHI* , HHS has funded separate cooperative agreements with International Medical Corps

(IMC)and CURE International (CURE). *The evaluation includes two approaches for data collection:*

(1)A set of qualitative interviews with four respondent groups (OB/GYN residents, attending physicians, midwives, and Rabia Balkhi Hospital management staff) and

(2)administering a subset of the clinical Standards Based Management

(SBM)assessment with two respondent groups (OB/GYN residents and midwives). Estimated Annualized Burden Table Forms Type of respondent Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours Management Interview Guide Management Staff 21 1 50/60 18 Clinician Interview Guide Attending Physicians 8 1 50/60 7 Clinician Interview Guide 1st-4th Year Resident Physicians 11 1 50/60 9 Clinician Interview Guide Midwives 15 1 50/60 13 1st Year Resident, Standards-Based Management Assessment 1st Year Resident physician staff 31 1 1.6 50 2nd Year Resident, Standards-Based Management Assessment 2nd Year Resident physician staff 8 1 1.6 13 3rd Year Resident, Standards-Based Management Assessment 3rd Year Resident physician staff 9 1 1.1 10 4th Year Resident, Standards-Based Management Assessment 4th Year Resident physician staff 8 1 1.6 13 Midwife, Standards-Based Management Assessment Midwives 75 1 2.2 165 Total 298 Mary Oliver-Anderson, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E8-15601 Filed 7-8-08; 8:45 am] BILLING CODE 4150-38-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Announcement of the Fourth Meeting of the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020 AGENCY: Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science, Office of Disease Prevention and Health Promotion. ACTION: Notice of meeting. AUTHORITY: 42 U.S.C. 217a, Section 222 of the Public Health Service Act, as amended. The Committee is governed by the provision of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees. SUMMARY: The U.S. Department of Health and Human Services

(HHS)announces the fourth in a series of federal advisory committee meetings regarding the national health promotion and disease prevention objectives for 2020, to be held online (via WebEx software). This meeting will be the equivalent of an in-person meeting of the Committee, and will be open to the public. The Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020 will review the nation's health promotion and disease prevention objectives and efforts to develop goals and objectives to improve the health status and reduce health risks for Americans by the year 2020. The Committee will provide to the Secretary of Health and Human Services advice and consultation for developing and implementing the next iteration of national health promotion and disease prevention goals and objectives and provide recommendations for initiatives to occur during the initial implementation phase of the goals and objectives. HHS will use the recommendations to inform the development of the national health promotion and disease prevention objectives for 2020 and the process for implementing the objectives. The intent is to develop and launch objectives designed to improve the health status and reduce health risks for Americans by the year 2020. DATES: The Committee will meet on July 30, 2008, from 12 p.m. to 2 p.m. Eastern Standard Time. ADDRESSES: The meeting will be held online, via WebEx software. For detailed instructions about how to make sure that your windows computer and browser is set up for WebEx, please visit the “Secretary's Advisory Committee” page of the Healthy People Web site at: *http://www.healthypeople.gov/hp2020/advisory/default.asp.* FOR FURTHER INFORMATION CONTACT: Emmeline Ochiai, Designated Federal Officer, Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020, U.S. Department of Health and Human Services, Office of Public Health and Science, Office of Disease Prevention and Health Promotion, 1101 Wootton Parkway, Room LL-100, Rockville, MD 20852,

(240)453-8259 (telephone),

(240)453-8281 (fax). Additional information is available on the Internet at *http://www.healthypeople.gov.* SUPPLEMENTARY INFORMATION: The names of the 13 members of the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020 are available at *http://www.healthypeople.gov.* *Purpose of Meeting:* Every 10 years, through the Healthy People initiative, HHS leverages scientific insights and lessons from the past decade, along with the new knowledge of current data, trends, and innovations to develop the next iteration of national health promotion and disease prevention objectives. Healthy People provides science-based, 10-year national objectives for promoting health and preventing disease. Since 1979, Healthy People has set and monitored national health objectives to meet a broad range of health needs, encourage collaborations across sectors, guide individuals toward making informed health decisions, and measure the impact of our prevention and health promotion activities. Healthy People 2020 will reflect assessments of major risks to health and wellness, changing public health priorities, and emerging technologies related to our nation's health preparedness and prevention. *Public Participation at Meeting:* Members of the public are invited to listen to the online Advisory Committee meeting. There will be no opportunity for oral public comments during the online meeting of the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020. Written comments are welcome throughout the development process of the national health promotion and disease prevention objectives for 2020. They can be submitted through the Healthy People Web site at: *http://www.healthypeople.gov/hp2020/comments/* or they can be e-mailed to *HP2020@hhs.gov* . Please note that the public comment Web site will be updated throughout the Healthy People development process, so people should return to the site frequently to provide their input. To listen to the Committee meeting, individuals must pre-register to attend the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2020 at the Healthy People Web site located at *http://www.healthypeople.gov.* Participation in the meeting is limited. Registrations will be accepted until maximum WebEx capacity is reached and must be completed by close of business Eastern Standard Time on July 29, 2008. A waiting list will be maintained should registrations exceed WebEx capacity. Individuals on the waiting list will be contacted as additional space for the meeting becomes available. Registration questions may be directed to Hilary Scherer at *HP2020@norc.org* (e-mail),

(301)634-9374 (phone) or

(301)634-9301 (fax). Dated: June 25, 2008. Penelope Slade Royall, RADM, USPHS, Deputy Assistant Secretary for Health, (Disease Prevention and Health Promotion), Office of Disease Prevention and Health Promotion. [FR Doc. E8-15548 Filed 7-8-08; 8:45 am] BILLING CODE 4150-32-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Assistant Secretary for Administration and Management; Program Support Center; Statement of Organization, Functions and Delegations of Authority This notice amends Part

(P)of the Statement of Organization, Functions and Delegations of Authority of the Department of Health and Human Services (HHS), Office of the Assistant Secretary for Administration and Management (AJ), Program Support Center (PSC), as last amended at 60 FR 51480, November 28, 2007. This notice reflects organizational changes in the Program Support Center (P), Administrative Operations Service (PE). Specifically, it transfers the security and emergency service functions currently located within the Division of Property Management

(PEC)to a new component, the Division of Security and Emergency Services (PEL); place the functions of the Division of PSC Business Operations

(PEH)into the Office of Deputy Assistant Secretary for Program Support

(PA)to improve accountability and increase overall organizational effectiveness; and make other changes that are reflective of AOS current functions and responsibilities. The changes are as follows: I. Under Chapter P, Program Support Center, Section P.20 Functions, delete the paragraph titled “Administrative Operations Service (PE)” in its entirety and replace with the following: Administrative Operations Service

(PE)*Section PE.00 Mission:* The mission of the Administrative Operations Service

(AOS)is to provide high-quality administrative support services at competitive prices by capitalizing on its expertise and leveraging economies of scale. Major service areas in AOS include: property management, technical support, information technology including a wide array of information technology infrastructure support services; and other administrative and corporate support. *Section PE.10 Organization.* The Administrative Operations Service

(AOS)is headed by a Director who reports directly to the Director, Program Support Center. The AOS includes the following components: 1. Office of the Director (PEA). 2. Division of Technical Support (PEF). 3. Division of Property Management (PEC). 4. Information Technology Operations (PEK). 5. Division of Security and Emergency Services (PEL). 6. Division of Freedom of Information Act Operations (PEJ). Section PE.20 Functions *Office of the Director (PEA):* The Office of the Director, Administrative Operations Service

(AOS)oversees the implementation of providing to HHS components and other Federal agencies nationwide administrative and technical services which include:

(1)Building operations, surplus real property, leasing, security, property management, warehousing, logistics and space management services;

(2)printing, duplicating and typesetting;

(3)operation of reference libraries;

(4)mail distribution and handling;

(5)claims service for Public Health Service

(PHS)components nationwide under specific statutory authorities;

(6)acquisition services;

(7)technical graphics and photography services; and

(9)a wide range of telecommunications services. *Division of Technical Support (PEF):* The Division of Technical Support

(DTS)provides a variety of support services for the HHS and other customer components located within the Washington, D.C. Metropolitan Area and for components located in the HHS Regional Offices nationwide. These services include

(1)voice, data, and video services, visual aids and graphic art services, photography services, library services, printing and reproduction, including operation of copy centers, mail and messenger services, and support services for conference room facilities; and

(2)carries out printing management and records management responsibilities for the PSC. *Division of Property Management (PEC):* The Division of Property Management

(DPM)provides the following related services:

(1)Building safety program, lease management, building management and operations, building alteration, repair and maintenance program; parking management, information/locator services; supply and inventory management;

(2)provides shipping, receiving and laboring service and operates a property management and surplus property utilization and disposal system; and

(3)on behalf of the Secretary, executes and implements the transfer of Federal surplus real property for public health purposes pursuant to sections 203(K) and

(n)of the Federal Property and Administrative Services Act of 1949, as amended. *Division of Security and Emergency Services (PEL):* The Division of Security and Emergency Services

(DSES)provides overall leadership, direction, coordination and planning to improve security and emergency services. Specifically,

(1)Establishes program goals, objectives, priorities and provides oversight as to their execution;

(2)plans, directs, coordinates and evaluates program-wide management activities;

(3)maintains effective relationships with HHS organizations, other Federal agencies, State and local governments and other public and private organizations concerned with providing security and assisting with emergencies; and

(4)plans, directs and coordinates administrative management activities, i.e., budget, finance, personnel, procurements, redelegations of authority, emergency planning, training, and has responsibility related to awarding PSC contract funds. *1. Physical Security Branch (PEL1).* The Physical Security Branch

(PSB)develops, coordinates and administers DSES' physical security program to ensure the protection and safety of employees, customers, visitors and property at all locations within its purview. The Branch, in accordance with Federal requirements, governing redelegations of authority and customer agreements, provides physical security services and products for PSC and its customers. These services and products include:

(1)Security assessments and mitigation/management solutions;

(2)development of security program requirements, acquisition strategy, and administration of security contracts;

(3)selection, installation and oversight of physical access control, intrusion detection and monitoring systems to include monitoring and maintenance;

(4)provide oversight of certified contract guard services;

(5)coordination of security and public safety responses to facility and occupant emergencies;

(6)provide technical assistance and consultation regarding security matters related to new construction, build-outs and retrofits, bomb threats, suspicious objects, workplace violence, and crime prevention; and

(7)manage DSES' HSPD-12 identification card issuance and physical access control programs. *2. The Personnel Security Branch (PEL2).* The Personnel Security Branch

(PSB)administers DSES' personnel security/suitability program in accordance with governing federal rules, regulations and policies:

(1)Helps customers determine the sensitivity level of all positions within their employees' areas of responsibility, ensuring required background investigations are conducted;

(2)establishes effective methods for consistent, timely, and equitable adjudicative determinations on all security/suitability cases involving employees and contractors;

(3)address or refer loyalty or national security matters to the proper authority for evaluation and/or investigation;

(4)in conjunction with the Office of Global Health Affairs provides support to administer foreign travel and foreign visitation approval and briefing programs for customers; and

(5)provides personnel security consultation services; oversees the DSES' HSPD-12 enrollment and registration processes. *3. Emergency Services Branch (PEL3).* The Emergency Services Branch

(ESB)prepares employees and customers for emergencies and disasters before they manifest, as well as the agency's response during or after the event has occurred. This includes emergency notification, facility evacuation, emergency-response-management, continuity of operations

(COOP)and business continuity planning (BCP), as well as reconstituting the enterprise at a fully operational level. Services include:

(1)Preparation of emergency notification methodologies and systems;

(2)evacuation planning;

(3)development of communication plans and multi-agency coordination and incident command strategies;

(4)formulation of continuity of operations

(COOP)and business continuity plans; and

(5)inventory, storage and maintenance of emergency supplies and materials planning, and the development and offering of training and exercise programs for emergency team members and volunteers. *4. Support Services Branch (PEL4).* The Support Services Branch

(SSB)provides leadership, policy guidance and supervision of DSES' budget and procurement operations. The major service areas include:

(1)Technical and human resource requirements and associated cost determinations,

(2)budget planning and execution; audit of DSES expenditures;

(3)return on investment evaluations;

(4)development of service level agreements and agency agreements; and

(5)manages DSES' purchase card program, develops Division travel and training plans, and oversees the time and attendance approval process and performance management programs. *Division of Freedom of Information Act Operations (PEJ).* The Division responds to all Freedom of Information Act

(FOIA)requests for records generated by, and in the custody and control of, components within the Department of Health and Human Services

(HHS)and the Program Support Center. Specifically, the Division:

(1)Responds to all requests for records that involve more than one of HHS components and the PSC;

(2)responds to all administrative appeals;

(3)coordinates with the Office of General Counsel and the HHS component to resolve administrative appeals which result in litigation; and

(4)provides FOIA training and consultation. II. Under Chapter PA, Office of the Deputy Assistant Secretary for Program Support add the following new paragraph: Performs overall business and financial management services for the PSC in the following areas:

(1)Provides strategic business planning and reporting;

(2)conducts business process re-engineering;

(3)analyzes costs and manages price reviews to maintain competitiveness of PSC services;

(4)manages PSC stakeholder relations and provides customer relations services;

(5)prepares the PSC budget for presentation to and approval by the Board of Directors to the HHS Service and Supply Fund;

(6)executes approved PSC budgets, issuing allowances as approved by the Deputy Assistant Secretary for Program Support, and consistent with funding levels approved by the Board;

(7)coordinates arrangements of agency agreements funding for projects and functions;

(8)coordinates the implementation of the Government Performance and Result Acts within the PSC; and

(9)develops and directs communication and marketing campaigns for internal HHS stakeholders and PSC customers. *III. Delegations of Authority:* All delegations and redelegations of authority to officers and employees of the Departmental components which were transferred to the Program Support Center, which were in effect immediately prior to this reorganization will be continued in effect with them or their successors, pending further delegation, provided they are consistent with this reorganization. Dated: June 24, 2008. Joe W. Ellis, Assistant Secretary for Administration and Management. [FR Doc. E8-15430 Filed 7-8-08; 8:45 am] BILLING CODE 4160-17-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0369] Ruminant Feed Ban Support Project; Availability of Cooperative Agreements Under a Limited Competition; Request for Applications: RFA-FD-08-008; Catalog of Federal Domestic Assistance Number: 93.449 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)in coordination with the Center for Veterinary Medicine (CVM), is announcing the availability of cooperative agreements funding to further enhance the infrastructure of State, territorial, and tribal animal feed safety and bovine spongiform encephalopathy

(BSE)prevention programs. These cooperative agreements are intended to fund additional personnel, equipment, supplies, and training support activities related to the FDA ruminant feed ban (referred to as the BSE/ruminant feed ban), in State, territory, and tribal governments. FDA anticipates providing approximately $1 million in direct plus indirect costs in support of this program in fiscal year

(FY)2008. It is anticipated that four awards will be made for up to $250,000 per award per year for up to 2 years. DATES: The application receipt date is August 8, 2008. ADDRESSES: Applications may be submitted on or after the opening date and must be successfully received by *http://www.grants.gov* 1 no later than 5 p.m. local time (of the applicant institution/organization) on the application submission/receipt date. If an application is not submitted by the receipt date and time, the application may be delayed in the review process or not reviewed. 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** . The required application, SF-424, can be completed and submitted online. The package should be labeled “Response to RFA-FDA-08-008”. If you experience technical difficulties with your online submission you should contact Marc Pitts by telephone at 301-827-7162 or by e-mail at *marc.pitts@fda.hhs.gov* . Paper applications will not be accepted. FOR FURTHER INFORMATION CONTACT: *Regarding the administrative and financial management aspects of this notice* : Marc Pitts, Office of Acquisitions and Grants Management, Food and Drug Administration (HFA-500), 5630 Fishers Lane, suite 2104, Rockville MD 20857 (see also ADDRESSES ). *Regarding the programmatic aspects of this notice* :Jennifer Gabb, Division of Federal-State Relations (DFSR), Office of Regulatory Affairs, Food and Drug Administration (HFC- 150), 5600 Fishers Lane, Rm. 12- 07, Rockville, MD 20857, 301- 827- 2899, e-mail: *jennifer.gabb@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Introduction Under these cooperative agreements, the State, territory, and tribal governments would enhance their feed/BSE safety programs to increase the ability to locate and visit firms involved in the manufacture, distribution, and transportation of animal feed and operations feeding ruminant animals in their jurisdiction, to verify compliance with the ruminant feed ban. Funds could be used to increase State, territory, and tribal personnel dedicated to conducting these inspections. Funds could be used for supplies, training, and laboratory equipment for feed sample testing using FDA validation methods. Funds could also be used to conduct outreach educational activities and materials as needed to further and enhance the industries knowledge and compliance with ruminant feed ban. The goal of enhancing their feed/BSE safety programs is to increase State, territory, and tribal inspections under section 702 of the Federal Food, Drug, and Cosmetic Act

(act)(21 U.S.C. 372) of renderers, protein blenders, and feed mills that manufacture animal feeds and feed ingredients, and inspections of salvagers of food and feed, and transporters of animal feed and feed ingredients utilizing materials prohibited under the ruminant feed ban. Finally, the Feed Ban Support Project funds are intended to supplement, not replace, State funding for program improvement. The following are seven key project areas identified for this effort:

(1)Hire and/or train State/territory/tribal personnel to conduct ruminant feed ban inspections. Training of State/territory/tribal personnel may be accomplished through the ORA University, or the Association of American Feed Control Officials Annual Feed Seminar, or other training that meets State/territory/tribal and FDA requirements. New hires for this program must meet the State/territory/tribal agency's qualifications for feed inspections and sampling techniques;

(2)hire and/or train laboratory personnel to verify that feed samples are free of materials prohibited under the ruminant feed ban. Laboratory analyses must utilize FDA accepted methodologies for detection of prohibited materials;

(3)identify and inspect renderers, protein blenders, commercial animal feed manufacturers, feed salvagers, distributors (including retailers), transporters of animal feed and feed ingredients, on-farm animal feed mixers, and ruminant feeders within the State/territory/tribal jurisdiction that have not already been identified and/or inspected for compliance with the ruminant feed ban. These inspections would be conducted under section 702 of the act using and completing the FDA Ruminant Feed Ban Inspection Checklist and Ruminant Feed Ban Compliance Program to verify compliance with the BSE/ruminant feed ban. These inspections would be conducted by officers and employees duly commissioned by FDA in accordance with section 702 of the act; (4 ) conduct surveillance sampling of renderers, protein blenders, and feed mills that manufacture with materials prohibited under the BSE/ruminant feed ban. Sample feeds formulated without prohibited material. A minimum of one sample from each facility would be obtained during the inspection and would be analyzed by the State/territorial/tribal government for prohibited materials. This surveillance sampling would be conducted under section 702 of the act using and completing the FDA Ruminant Feed Ban Inspection Checklist and Ruminant Feed Ban Compliance Program to verify compliance with the BSE/ruminant feed ban. This surveillance sampling would be conducted by officers and employees duly commissioned by FDA in accordance with section 702 of the act;

(5)provide copies of all completed BSE/Ruminant Feed Ban checklists and sample results as a part of the mid-year program progress report to the FDA Project officer or designated office, as well as provide completed checklists and sample results in accordance with section 702 of the act;

(6)be able to identify and quantify improvements to the existing State/ territory/tribal BSE/ruminant feed ban program or developing new programs (i.e., personnel hiring, personnel training, equipment upgrades, increase in inspections conducted) in the mid-year report as a result of the cooperative agreement;

(7)conduct outreach educational activities and materials as needed to further and enhance the industries knowledge and compliance with ruminant feed ban. Please visit *http://www.grants.gov* to view the full version of this Request for Applications (RFA). FDA urges applicants to read the full version RFA in its entirety prior to submitting application packets. The events of September 11, 2001, reinforced the need to enhance the security and safety of the U.S. food supply. Congress responded by passing the Bioterrorism Act which President Bush signed into law on June 12, 2002. The Bioterrorism Act is divided into the following five titles:

(1)Title I— National Preparedness for Bioterrorism and Other Public Health Emergencies;

(2)Title II—Enhancing Controls on Dangerous Biological Agents and Toxins;

(3)Title III—Protecting Safety and Security of Food and Drug Supply;

(4)Title IV—Drinking Water Security and Safety; and

(5)Title V—Additional Provisions Subtitle A of Title III—Protection of Food Supply, Section 311—Grants to States for Inspections, amends the act by adding section 909 to authorize the Secretary of Health and Human Services to award grants to States, territories, and Indian tribes that undertake examinations, inspections, and investigations, and related activities under section 702 of the act. The grant funds are only available for the costs of conducting these examinations, inspections, investigations, and related activities. Toward these ends, ORA is offering these cooperative agreements to State/ territorial/tribal governments for them to develop, new or enhance the capability of, their existing BSE/ruminant feed ban programs and assist in an increased surveillance presence throughout the commercial feed channels to prevent the introduction or amplification of BSE in the United States. State/territorial/ tribal inspections are based on a determination of compliance of firms with the “Animal Proteins Prohibited In Ruminant Feeds” regulation, (21 CFR 589.2000), as well as any subsequent regulations and guidance applicable to the BSE/ruminant feed ban. This regulation is designed to prevent the establishment and amplification of BSE through animal feed, by prohibiting the use of certain proteins derived from mammalian tissue in the feeding of ruminant animals. The regulation affects renderers, protein blenders, commercial animal feed manufacturers, distributors (including retailers), transporters of animal feed and feed ingredients, on-farm animal feed mixers, and ruminant feeders. Based on the need to control the entry and spread of this disease, the agency has set a goal to assist in the development of new, or the enhancement of existing, State/territory/tribal BSE/ruminant feed ban programs to help meet compliance with the regulation. II. Project Goals, Definitions, and Examples The goal of FDA's ORA Cooperative Agreement Program is to enhance, complement, develop, and improve State/territory/tribal feed safety and surveillance programs. This will be accomplished through the provision of funding for additional equipment, supplies, funding for personnel, training in current FDA approved feed testing methodologies, participation in proficiency testing to establish additional reliable laboratory sample analysis capacity, and analysis of surveillance samples and State/territorial/tribal compliance inspections. This will also require extensive cooperation and coordination with FDA District Offices to minimize duplication of inspections. These cooperative agreements will be made to either fund the development of new State/territory/tribal BSE/Ruminant Feed Ban programs or to enhance existing State/territory/tribal BSE/ruminant feed ban programs for the funding of items such as: Supplies, lab equipment, surveillance, sample collection, personnel, for the provision of training in current inspectional and analytical methodology, for the analysis of feed and feed products, and BSE/ruminant feed ban inspections. Successful applications will be selected for funding to ensure a broad geographic distribution of the program. Size of the existing or new State/territory/tribal program and number of facilities to be covered under the cooperative agreement will also be a determining factor. These cooperative agreements are not to fund licensed medicated feed or routine feed safety good manufacturing practices

(GMP)inspections that are unrelated to the ruminant feed ban. These awards may be only used for the development of new State/ territory/tribal BSE/ruminant feed ban programs or to enhance and supplement existing State/ territory/tribal BSE/ruminant feed ban program funding. States with current BSE/ruminant feed ban contracts from FDA can maintain these contracts for BSE/ruminant feed ban inspections at the discretion of the State and FDA. However, the facilities and work covered under the contract cannot be counted towards fulfillment of the cooperative agreement and must remain distinct and separate from the cooperative agreement. III. Reporting Requirements A final Program Progress Report and a final Financial Status Report

(FSR)(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 Marc Pitts, Grants Management Office (see ”). The program progress report should include:

(1)Status report on the installation and operational readiness of any analytical equipment that is purchased;

(2)status report on the hiring and training of State/territorial/tribal laboratory personnel;

(3)copies of the inspection report on the firms for which Ruminant Feed Ban Inspection checklists were completed including general assessment of compliance status;

(4)summary report on the facility inventory that is maintained in the State/territory/tribal government;

(5)status report on the hiring and training of personnel to conduct the inspections;

(6)report on feed sample descriptions and subsequent analytical results;

(7)where the examinations, inspections, or investigations and related activities undertaken under section 702 of the act result in a State/territorial/tribal enforcement action, a summary report of the follow up actions and final resolution of the findings;

(8)summary of improvements (identify and quantify) in the overall State/territory/tribal BSE/ruminant feed ban program resulting from the cooperative agreement; and

(9)provide copies of all completed BSE/ruminant feed ban checklists and sample results as a part of the quarterly program progress report to the FDA Project officer or designated office. 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 including all criteria listed in the previous paragraph. 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 SF-424

(5161)application * http://www.hhs.gov/forms/PHS-5161-1.pdf* annually and financial statements as required in the DHHS Grants Policy Statement. Reports must be submitted 2 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. IV. Mechanism of Support A. Award Instrument This funding opportunity will use the Research Demonstration Cooperative Agreements

(U18)award mechanisms. This funding opportunity uses just-in-time budget concepts. It also uses the nonmodular budget format. Applicants must complete and submit a detailed categorical budget the SF-424 application. These agreements will be subject to all applicable policies and requirements that govern the grant programs of PHS, including 45 CFR part 92 and the PHS Grants Policy Statement. Equipment purchased under this cooperative agreement is subject to the requirements of 45 CFR part 92.31, “Real property.” Applicants must adhere to the requirements of this Notice. Special Terms and Conditions regarding FDA regulatory requirements and adequate progress of the study may be part of the awards notice. PHS strongly encourages all cooperative agreement recipients to provide a smoke-free workplace and to discourage the use of all tobacco products. This is consistent with the PHS mission to protect and advance the physical and mental health of the American people. B. Eligibility This cooperative agreement program is only available to State/territory/tribal agency feed/BSE regulatory programs that undertake inspections and related activities under section 702 of the act and who are currently not funded under this cooperative agreement. C. Length of Support It is anticipated that FDA will fund these grants at a level requested but not exceeding $250,000 total direct plus indirect costs for the first year. An additional year

(1)of support up to approximately $250,000 (direct plus indirect costs) per year will be available, depending upon fiscal year appropriations and successful performance. The length of support will also depend on the nature of the project. D. Funding Plan Federal funds are currently available from FDA for this program. However, continued funding of a noncompetitive segment is contingent upon satisfactory progress as determined annually by FDA procedures, the receipt of a noncompeting continuation application, final yearly report and the availability of Federal funds. An estimated amount of $1 million is available in FY 2008. The number of projects funded will depend on the quality of the applications received and is subject to availability of Federal funds to support the projects. V. Review Procedure and Criteria All applications submitted in response to this request for applications

(RFA)will first be reviewed for responsiveness by grants management and program staff. Responsiveness is defined as submission of a complete application packet on or before the required submission date as listed in the previous paragraphs. If applications are found to be nonresponsive, they will be returned to the applicant without further consideration. Responsive applications will be reviewed and evaluated for scientific and technical merit by an ad hoc panel of experts. Applicants are strongly encouraged to contact FDA to resolve any questions regarding criteria before the submission of their application. All technical or programmatic questions must be directed to the ORA program staff (see ADDRESSES ). All administrative or financial questions must be directed to the Grants Management Staff (see ADDRESSES ). VI. Submission Requirements FDA is accepting new applications for this program electronically via *http:www.grants.gov* (Grants.gov). To download the SF424 application forms for this Funding Opportunity Announcement (FOA), link to “Apply for Grants” and follow the directions provided on that site. A one-time registration is required for institutions at Grants.gov, link to “Get Registered.” The application receipt date is July 30, 2008. Your organization will need to obtain a Data Universal Number System

(DUNS)number as part of the Grants.gov registration process. The DUNS number is a 9-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. The Dunn and Bradstreet number can be obtained by calling: 866-705-5711 or through the Web site at *http://www.dnb.com/us/* . The applicant must also register in the Central Contractor Registration

(CCR)database in order to be able to submit the application. Information about the CCR is available at * http://www.ccr.gov* or under the “Organization Registration” page of Grants.gov at: *http://www.grants.gov/applicants/organization_registration.jsp* VII. Method of Application A. Submission Instructions The SF-424

(5161)application has several components. Some components are required, others are optional. The forms package associated with this FOA in Grants.gov (link to “Apply for Grants ”) includes all applicable components, required and optional. B. Format for Application A completed application in response to this FOA includes the data in the following components: The face page of the application should indicate “Response to Ruminant Feed Ban Support Project RFA-FDA-08-008.” For information that should be addressed in the application, please see the full version of this RFA at *http://www.grants.gov* . VIII. Legend Unless disclosure is required by the Freedom of Information Act

(FOIA)as amended (5 U.S.C. 552), as determined by the Freedom of Information

(FOI)officials of the U.S. Department of Health and Human Services

(HHS)or by a court, data contained in the portions of an application which have been specifically identified by page number, paragraph, etc., by the applicant as containing restricted and/or proprietary information shall not be used or disclosed except for evaluation purposes. Dated: July 2, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-15561 Filed 7-8-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301-496-7057; fax: 301-402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Method for Detection and Quantification of PLK1 Expression and Activity *Description of Technology:* Polo-like kinase 1

(Plk1)plays a role in the regulation of the cell cycle and control of cellular proliferation. Because Plk1 is associated with neoplastic transformation of human cells, expression of this protein has been proposed as a prognostic marker for many types of malignancies. In mammalian cells, four Plks exist, but their expression patterns and functions appear to be distinct from each other. Available for licensing is a Plk1 ELISA assay using peptide substrates that are specific for Plk1, in that they are phosphorylated and bound by Plk1, but not by the related polo kinases Plk2, Plk3 and Plk4. By exploiting a unique Plk1-dependent phosphorylation and binding property, an easy and reliable ELISA assay has been developed to quantify Plk1 expression levels and kinase activity. With this highly sensitive assay, Plk1 activity can be measured with 2-20 microgram of total lysates without immunoprecipitation or purification steps. Since deregulated Plk1 expression has been suggested as a prognostic marker for a wide range of human malignancies, this assay may provide an innovative tool for assessing the predisposition for cancer development, monitoring cancer progression, and estimating the prognosis of various types of cancer patients. *Applications:* Optimized PBIP1 polypeptides, a natural substrate of Plk1, with enhanced specificity and sensitivity over the native PBIP1 sequence. ELISA assay to quantify Plk1 expression and kinase activity. *Advantages:* Rapid, highly sensitive assay that requires lower amounts of starting material than conventional immunoprecipitation assays. Assay that is selective for Plk1. *Development Status:* The technology is currently in the pre-clinical stage of development. *Market:* An estimated 1,444,920 new cancer diagnoses in the U.S. in 2007. Cancer is the second leading cause of death in United States. It is estimated that the cancer therapeutic market would double to $50 billion a year in 2010 from $25 billion in 2006. *Inventors:* Kyung Lee and Jung-Eun Park (NCI). *Publications:* 1. J-E Park, L Li, K Strebhardt, SH Yuspa, and KS. Lee. Direct quantification of polo-like kinase 1 activity in cells and tissues using a highly sensitive and specific ELISA assay (about to be submitted). 2. KS Lee et al. Mechanisms of mammalian polo-like kinase 1

(Plk1)localization: self-versus non-self-priming. Cell Cycle 2008 Jan;7(2): 141-145. 3. KS Lee et al. Self-regulated mechanism of Plk1 localization to kinetochores: lessons from the Plk1-PBIP1 interaction. Cell Div. 2008 Jan 23;3:4. 4. YH Kang et al. Self-regulated Plk1 recruitment to kinetochores by the Plk1-PBIP1 interaction is critical for proper chromosome segregation. Mol Cell. 2006 Nov 3;24(3): 409-422. *Patent Status:* U.S. Provisional Application No. 61/054,032 filed 16 May 2008 (HHS Reference No. E-091-008/0-US-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Jennifer Wong; 301-435-4633.; *wongje@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute, Laboratory of Metabolism is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize the PLK1 ELISA assay described above. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Cripto-1 Represents a Biomarker for Chronic Inflammatory Diseases *Description of Technology:* Chronic inflammatory bowel disease

(IBD)( *e.g.* Crohn's disease and ulcerative colitis) and chronic inflammatory arthropathy such as rheumatoid arthritis represent an enormous socio-economic burden due to the cost for long term medication and rehabilitation and the decreased productivity due to periods of acute recurrences. A major characteristic of these diseases is the tissue infiltration of specific CD4+ T cells that sustain inflammation by secreting cytokines. One of these cytokines, TNF-alpha, is a current therapeutic target for the treatment of these chronic inflammatory diseases. This technology describes Cripto-1 as a biomarker for chronic inflammatory diseases. Cripto-1, an epidermal growth factor (EGF)-related protein, shows higher expression levels in tissue sections of Crohn's disease, ulcerative colitis, and rheumatoid arthritis as compared to adjacent unaffected areas. Moreover, the inventors show that the response to Cripto-1 is not due to a generic immune response, and Cripto-1 expression increases the expression of TNF-alpha in CD4+ T cells in tissues affected by chronic inflammatory disease. As a result, this technology could be used as a diagnostic biomarker for chronic inflammatory diseases as well as a novel therapeutic target to help control TNF-alpha in chronic inflammatory diseases. *Applications:* Diagnostic tool for the detection of a chronic inflammatory disease. Method to inhibit cytokine production in a tissue affected with a chronic inflammatory disease. *Development Status:* The technology is currently in the pre-clinical stage of development. *Inventors:* Luigi Strizzi, David S. Salomon, Monica I. Gonzales (NCI). *Patent Status:* U.S. Provisional Application No. 61/045,746 filed 17 Apr 2008 (HHS Reference No. E-075-2008/0-US-01). *Licensing Status:* Available for licensing. *Licensing Contact:* Whitney A. Hastings; 301-451-7337; *hastingw@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute Mammary Biology and Tumorigenesis Laboratory is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize Cripto-1 as a biomarker for chronic inflammatory diseases. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Cripto-1 as a Biomarker for Cardiac Ischemia *Description of Technology:* Ischemic heart disease is a major cause of human cardiac morbidity and mortality, affecting over 14 million people in the United States alone. Current detection of cardiac ischemia relies upon identification of electrocardiographic anomalies and the release of cardiac markers from the damaged myocardial tissue. Unfortunately, patients with acute myocardial infarction are often insensitive to these tests during the early phases of intervention and as a result more markers for cardiac ischemic disease are needed. This technology describes Cripto-1 as a biomarker for infarcted cardiac tissues. Cripto-1 is a member of the epidermal growth factor (EGF)-related proteins and is currently thought to play an important role in several cancers. The present invention shows that Cripto-1 is overexpressed in infarcted myocardial tissue, and not expressed or weakly expressed in non-infarct related heart disease tissues and normal tissues. Furthermore, the overexpression of Cripto-1 correlates with the hypoxia-inducible factor-1-alpha indicating specificity to ischemic heart tissue. The expression of Cripto-1 has also been shown to be highly expressed in stem cells, which may have an important role in the repair of damaged myocardial tissue. Thus, this technology could represent a new biomarker for the diagnosis of myocardial infarction as well as a surrogate biomarker to monitor the healing process including regenerative stem cell activity of the infarcted myocardial tissue. *Applications:* Diagnostic tool for the detection of myocardial infarction. Method to monitor stem cell activity in damaged myocardial tissue. *Development Status:* The technology is currently in the pre-clinical stage of development. *Inventors:* Luigi Strizzi, Caterina Bianco, David S. Salomon (NCI). *Patent Status:* U.S. Provisional Application No. 61/046,181 filed 18 Apr 2008 (HHS Reference No. E-049-2008/0-US-01). *Licensing Status:* Available for licensing. *Licensing Contact:* Whitney A. Hastings; 301-451-7337; *hastingw@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute Mammary Biology and Tumorigenesis Laboratory is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize Cripto-1 as a biomarker for cardiac ischemia. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Identification of Persons Likely To Benefit From Statin Mediated Cancer Prevention by Pharmacogenetics *Description of Technology:* Inhibitors of 3-hydroxy-3-methylglutaryl

(HMG)coenzyme A reductase (statins) are a class of well-tolerated compounds that are the most widely used cholesterol-lowering drugs in the United States. Reduced cancer risk among statin users has also been observed as a secondary outcome in randomized controlled clinical trials evaluating effects of statins on cardiovascular outcomes. However the observed cancer risk reduction varied with different clinical studies. Thus there is a need to identify individuals who would benefit from treatment with statins. The current invention describes a pharmacogenetic method to identify candidates who are most likely to benefit from treatment with statins to reduce cancer risk, and consequently minimizing any unnecessary cost and side effects in individuals who do not benefit. Specifically, we discovered that an HMGCR genetic variant rs12654264 is associated with significantly lower colorectal cancer risk, with most of the benefit seen in HMGCoA reductase inhibitor (statin) users. We also discovered that this same HMGCR genetic variant is associated with significantly higher serum cholesterol levels in Israeli colorectal cancer patients. The same HMGCR genetic variant has also been associated with significantly higher serum cholesterol levels in two independent groups of individuals of mixed European descent [ *http://www.broad.mit.edu/diabetes/scandinavs/index.html* and *N Engl J Med.* 2008 March 20;358(12):1240-1249 ( *http://www.ncbi.nlm.nih.gov/pubmed/18354102?dopt* )]. These data suggest that the same genetic variant modifies cholesterol metabolism in a manner that affects both colorectal cancer risk and cardiovascular risk. *Applications and Market:* Statins account for approximately 80% of the cholesterol-lowering drugs prescribed in the United States, and six statins are currently available on the U.S. market. Reduced cancer risk is also associated with statin use. This invention provides a method to indentify individuals who are most likely to benefit from cancer chemopreventive treatment with statins. Pharmacogenetic markers can be developed to identify patient population that can benefit from statins, therefore expanding the markets of stains. *Development Status:* The inventors have discovered several novel genetic variants of HMG coenzyme A reductase gene, and are further investigating the functional significance of the variants in vitro. *Inventors:* Dr. Levy Kopelovich

(NCI)et al. *Patent Status:* U.S. Provisional Application No. 60/985,587 filed 05 Nov 2007 (HHS Reference No. E-328-2007/0-US-01). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Betty Tong, PhD; 301-594-6565; *tongb@mail.nih.gov* . TGF-beta Gene Expression Signature in Cancer Prognosis *Description of Technology:* Hepatocellular carcinoma

(HCC)is the third leading cause of cancer death worldwide, and it is very heterogeneous in terms of its clinical presentation as well as genomic and transcriptomic patterns. This heterogeneity and the lack of appropriate biomarkers have hampered patient prognosis and treatment stratification. Available for licensing is a novel temporal TGF-beta gene expression signature that predicts HCC patient clinical outcomes. Patients with tumors expressing late TGF-beta responsive genes had a malignant prognosis and an invasive tumor phenotype as evaluated by decreased survival time, increased tumor recurrence, and vascular invasion rate. Additionally, this signature may also be able to prognose other cancers, including lung cancer. *Applications:* Method to diagnose cancer. Method to monitor cancer progression and aid clinicians to choose appropriate therapies. Commercial kits to prognose cancer. *Advantages:* Early diagnostic tool to stratify HCC patients to chose more effective treatment. *Development Status:* The technology is currently in the pre-clinical stage of development. *Market:* An estimated 1,444,920 new cancer diagnosed in the U.S. in 2007. Cancer is the second leading cause of death in United States. It is estimated that the cancer therapeutic market would double to $50 billion a year in 2010 from $25 billion in 2006. *Inventors:* Snorri Thorgeirsson

(NCI)and Cedric Coulouaran

(NCI)*Relevant Publication:* Coulouaran C, Factor VM, Thorgeirsson SS. Transforming growth factor-beta gene expression signature in mouse hepatocytes predicts clinical outcome in human cancer. Hepatology 2008 Jun;47(6):2059-2067. *Patent Status:* U.S. Provisional Application No. 60/981,661 filed 22 Oct 2007 (HHS Reference No. E-282-2007/0-US-01) *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Jennifer Wong; 301-435-4633; *wongje@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute, Center for Cancer Research, Laboratory of Experimental Carcinogenesis is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize a novel temporal TGF-beta gene expression signature that predicts HCC patient clinical outcomes. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. A New Pot1 Variant Gene as a Diagnostic Biomarker for Hereditary Non-polyposis Colorectal Cancer *Description of Technology:* The diagnosis of Hereditary Nonpolyposis Colorectal Cancer (HNPCC) is difficult because the disease lacks phenotypic signs that might facilitate its presymptomatic diagnosis. This invention is based on the identification of a new splice variant of a gene that appears to exist specifically in HNPCC, namely “Pot1” or “Protection of Telomeres.” Pot1 has a critical role in ensuring chromosome stability by binding to telomeres. The invention presents a variant of Pot1 that is present in mismatch repair-deficient, but not proficient, cancer cell lines and primary, non-tumor tissue samples. The presence of this variant may be useful both as a diagnostic marker for HNPCC, and as a new therapeutic target for the treatment of HNPCC. *Applications and Modality:* Identification of new “Pot1” variant gene associated with HNPCC New gene can be used as a potential diagnostic biomarker for the diagnosis of HNPCC. Pot1 as a new therapeutic target for the treatment of HNPCC. *Development Status:* The technology is currently in the pre-clinical stage of development. *Inventors:* Qin Yang and Curtis C. Harris (NCI). *Related Publications:* 1. P Baumann *et al.* Human Pot1 (protection of telomeres) protein: cytolocalization, gene structure, and alternative splicing. Mol Cell Biol. 2002 Nov;22(22):8079-8087. 2. A Umar *et al.* Revised Bethesda Guidelines for hereditary nonpolyposis colorectal cancer (Lynch syndrome) and microsatellite instability. J Natl Cancer Inst. 2004 Feb 18;96(4):261-268. 3. HT Lynch *et al.* Hereditary nonpolyposis colorectal carcinoma (HNPCC) and HNPCC-like families: Problems in diagnosis, surveillance, and management. Cancer. 2004 Jan 1;100(1):53-64. 4. Q Yang *et al.* Functional diversity of human protection of telomeres 1 isoforms in telomere protection and cellular senescence. Cancer Res. 2007 Dec 15;67(24):11677-11686. *Patent Status:* U.S. Provisional Application No. 60/620,754 filed 20 Oct 2004 (HHS Reference No. E-263-2004/0-US-01), entitled “POT1 Alternating Splice Variants” International Patent Application No. PCT/US2005/037957 filed 19 Oct 2005, which published as WO 2006/045062 on 27 Apr 2006 (HHS Reference No. E-263-2004/0-PCT-02) U.S. Patent Application No. 11/665,944 filed 20 Apr 2007 (HHS Reference No. E-263-2004/0-US-03). *Licensing Status:* Available for exclusive and non-exclusive licensing. *Licensing Contact:* Surekha Vathyam, PhD; 301-435-4076; *vathyams@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute Laboratory of Human Carcinogenesis is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize biomarkers of colon cancer. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Dated: June 30, 2008. Richard U. Rodriguez, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-15562 Filed 7-8-08; 8:45 am] BILLING CODE 4140-01-P 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(cX6), 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, Gene Therapy and Inborn Errors-2. *Date:* July 14, 2008. *Time:* 1 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* Richard Panniers, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2212, MSC 7890, Bethesda, MD 20892,

(301)435-1741, *pannierr@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, Review of Member Conflict Applications from BSPH and ACE. *Date:* July 28, 2008. *Time:* 10 a.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* Mark P. Rubert, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5218, MSC 7852, Bethesda, MD 20892, 301-435-1775, *rubertm@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. (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: July 1, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-15469 Filed 7-8-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Child Health and Human Development; Notice of Meeting Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Children's Study Advisory Committee. The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. *Name of Committee:* National Children's Study Advisory Committee; Ethics Subcommittee. *Date:* July 29, 2008. *Time:* 10 a.m. to 12 p.m. *Agenda:* The agenda items will include the NCS informed consent with specific reference to genetics. For questions or to register call Circle Solutions at

(703)902-1339 or via e-mail *ncsinfo@mail.nih.gov.* Public observers must attend in person at 6100 Executive Blvd, Room 5A01. *Place:* National Institutes of Health, 6100 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Jessica Sapienza, Adjunct Study Program Analyst, National Children's Study, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5C01, Bethesda, MD 20892,

(703)902-1339, *ncsinfo@mail.nih.gov.* Any member of the public interested in presenting oral comments to the committee may notify the Contact Person listed on this notice at least 10 days in advance of the meeting. Interested individuals and representatives of organizations may submit a letter of intent, a brief description of the organization represented, and a short description of the oral presentation. Only one representative of an organization may be allowed to present oral comments and if accepted by the committee, presentations may be limited to five minutes. Both printed and electronic copies are requested for the record. In addition, any interested person may file written comments with the committee by forwarding their statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS) Dated: July 1, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-15467 Filed 7-8-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Toxicology Program (NTP); Request for Information (RFI): High Throughput Screening

(HTS)Approaches for Toxicology AGENCY: National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health (NIH). ACTION: Request for Information

(RFI)and notice of public meeting. SUMMARY: This notice is for planning purposes only. It does not constitute a solicitation or Request for Proposal (RFP), nor does it restrict the Government as to the ultimate acquisition approach. The Government does not intend to award a contract on the basis of this RFI or to otherwise pay for the information solicited. Any contract that might be awarded based on information received or derived from this RFI will be the outcome of the competitive process. Any purchases that might result from information received or derived from this RFI will be at the discretion of the Government. *Purpose:* To ensure development of a rigorous and comprehensive battery of HTS assays, the NTP seeks information and comments on the identification and selection of critical cellular toxicity pathways for interrogation in cell-based high throughput screens. The NTP is also interested in receiving recommendations on particular molecular targets within these critical cellular toxicity pathways that are most informative for profiling the pathways, both in cell-based and biochemical assay formats. In addition to information on cellular pathways and targets, the NTP seeks information on technologies and assay systems that might be used in the development of a comprehensive approach to high throughput toxicity screening. *Responses to RFI:* The Government requests a brief (no more than 1 page) description of the proposed presentation addressing one or more of the points listed below or other directly related topics. In considering responses to this RFI, please keep in mind the assay protocol requirements for assays run at the NIH Chemical Genomics Center

(NCGC)( *http://www.ncgc.nih.gov/guidance/HTS_Assay_Guidance_Criteria.html* ). • Recommendations on the identification and selection of critical cellular pathways involved in toxicity and associated with a phenotypic manifestation of toxicity in vivo (disease outcome). • Information on assays that can be used to measure the activity of a compound on a target within a critical pathway. • Information on the selection of the best targets within pathways and networks in order to accurately and fully characterize the activity of a compound within a specific pathway or the ability of a compound to trigger a stress-responsive pathway resulting in a defined toxicity or disease. • Information on assays, technologies, or methods that will aid in identifying compounds which are active only after metabolic activation. • New technologies or technologies under development that can be exploited in HTS programs, such as those underway at the NCGC or as secondary, targeted, follow-up testing to expand and more carefully characterize the findings from initial screens. All responses should include the following information: Company name, company address, name of presenter, telephone number, and e-mail address. Responses should be submitted by August 11, 2008, either electronically via the meeting Web site or by fax, e-mail, or mail to: Jennifer Smith, Contract Specialist, NIEHS, P.O. Box 12874, Mail Drop EC-02, 79 T.W. Alexander Drive, Building 4401, Room 134, Research Triangle Park, NC 27709; fax: 919-541-2712; e-mail: *smithj3@niehs.nih.gov.* Responses will be reviewed to ensure that the Government, by extending an invitation to a party to participate in the RFI meeting, will receive information directly relevant to its HTS program for toxicity assessment and that the party fully understands the nature of the meeting and the type of information sought. Acknowledgement of receipt of responses will not be made nor will respondents be notified of the Government's assessment of the information received. No basis for claims against the Government shall arise as a result of a response to this request for information or in the Government's use of such information as either part of its evaluation process or to develop specifications for any subsequent announcement. Responses will not be returned. The summarized responses (without identifiers) may appear in internal reports or be made public. Although the NIH will provide safeguards to prevent the release of identifying information, there is no guarantee of confidentiality. *Attendance and Registration:* An informational public meeting will be held on September 11-12, 2008, at the National Institute of Environmental Health Sciences, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709. Attendance at the meeting is limited only by the available space. The purpose of this meeting is for interested parties to provide the Government information about assays, molecular targets, and cellular pathways through brief presentations and a question and answer session. Parties interested in making a presentation at the meeting must register on the meeting Web site: ( *http://ntp.niehs.nih.gov/go/32908* ). Attendees not making presentations are also encouraged to register at the Web site for planning purposes. The Government anticipates that registered presenters will be allotted 20 minutes each for presentations (limit of one speaker per organization); however, the Government retains the right to limit the number of presentations and/or limit the allotted time for presentations based upon the number of registered presenters. Presenters will be notified about the scheduled order of presentations and the list of presenters will be posted on the meeting Web site at least one week prior to the meeting. It is anticipated that the meeting will include time for questions and information exchange. The slides from the presentations may appear in internal reports or be made public. Further information will be made available on the meeting Web site. Persons needing interpreting services in order to attend should contact 301-402-8180 (voice) or 301-435-1908 (TTY). For other special accommodations while on NIEHS campus, contact 919-541-2475 or e-mail *niehsoeeo@niehs.nih.gov.* DATES: The informational public meeting will be held on September 11-12, 2008. Registration deadline for presenters is August 11, 2008. The number of registered presenters will be limited to approximately 25. The date for submission of the 1-page description of the presentation is also August 11 (see “Responses to RFI”). Non-presenters may register online through September 9, 2008, or until capacity is reached. *Contact Information:* Questions regarding RFI submissions should be directed to Jennifer Smith, Contract Specialist, at 919-541-0424 or e-mail *smithj3@niehs.nih.gov.* Questions and answers will be posted on the NTP Web site *http://ntp.niehs.nih.gov/go/32908* as a resource to all prospective participants (any identifying information will be removed before posting). Questions regarding meeting registration and agenda should be directed to Kristine Witt, 919-541-2761 or e-mail *witt@niehs.nih.gov.* Background The National Toxicology Program

(NTP)in facilitating the “Roadmap for the 21st Century” (available at *http://ntp.niehs.nih.gov/go/vision* ) is interested in identifying or developing rapid, mechanism-based predictive screening assays for use in toxicity determinations. Through its High Throughput Screening

(HTS)Initiative ( *http://ntp.niehs.nih.gov/go/hts* ), the NTP is collaborating with the U.S. Environmental Protection Agency

(EPA)ToxCast Program ( *http://epa.gov/ncct/toxcast/* ) and the National Human Genome Research Institute's NIH Chemical Genomics Center

(NCGC)( *http://www.ncgc.nih.gov/index.html* ) to investigate the application of HTS approaches for defining toxicity profiles of environmental compounds to use in hazard identification and risk assessment. Dated: June 27, 2008. Samuel H. Wilson, Acting Director, National Institute of Environmental Health Sciences and National Toxicology Program. [FR Doc. E8-15560 Filed 7-8-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Center for Mental Health Services; Notice of Meeting Pursuant to Public Law 92-463, notice is hereby given of a meeting for the Center for Mental Health Services

(CMHS)National Advisory Council on July 23 and July 24, 2008. A portion of the meeting is open and will include discussion of the Center's policy issues, and current administrative, legislative, and program developments. The meeting will also include the review, discussion and evaluation of grant applications. Therefore the meeting will be partially closed to the public as determined by the Administrator, SAMHSA, in accordance with Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. App. 2. section 10(d). Attendance by the public will be limited to space available. Public comments are welcome. Please communicate with the CMHS Council's Designated Federal Official, Ms. Dianne McSwain (see contact information below), to make arrangements to attend, comment or to request special accommodations for persons with disabilities. Substantive program information, a summary of the meeting and a roster of Council members may be obtained either by accessing the Council's Web site at *https://www.nac.samhsa.gov/CMHScouncil/index.aspx* as soon as possible after the meeting, or by contacting Ms. McSwain. The transcript of the open portion of the meeting will be available on the Council's Web site within three weeks after the meeting. *Committee Name:* Center for Mental Health Services National Advisory Council. *Date/Time/Type:* *July 23, 2008:* From 9 a.m.-11:30 a.m.: CLOSED. From 11:40 a.m.-4:30 p.m.: OPEN. *July 24, 2008:* From 9 a.m.-1 p.m.: OPEN. *Place(s):* 1 Choke Cherry Road, Sugarloaf Conference Room, Rockville, Maryland 20857. *Contact:* Dianne McSwain, M.S.W., Designated Federal Official, SAMHSA/CMHS National Advisory Council, 1 Choke Cherry Road, Rm. 6-1063, Rockville, Maryland 20857, Telephone:

(240)276-1828, Fax:

(240)276-1850, E-mail: *Dianne.McSwain.@samhsa.hhs.gov.* Toian Vaughn, Committee Management Officer, Substance Abuse and Mental Health, Services Administration. [FR Doc. E8-15541 Filed 7-8-08; 8:45 am] BILLING CODE 4162-20-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket Nos. TSA-2006-24191; USCG-2006-24196] Transportation Worker Identification Credential

(TWIC)Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License AGENCY: United States Coast Guard; DHS. ACTION: Notice of compliance date, Captain of the Port Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie. SUMMARY: This Notice informs owners and operators of facilities located within Captain of the Port Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie that they must implement access control procedures utilizing TWIC no later than October 31, 2008. DATES: This Notice is effective July 9, 2008. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, are part of dockets TSA-2006-24191 and USCG-2006-24196, and are available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: If you have questions on this Notice, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: I. Regulatory History On May 22, 2006, the Department of Homeland Security

(DHS)through the United States Coast Guard (Coast Guard) and the Transportation Security Administration

(TSA)published a joint notice of proposed rulemaking entitled “Transportation Worker Identification Credential

(TWIC)Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License” in the **Federal Register** (71 FR 29396). This was followed by a 45-day comment period and four public meetings. The Coast Guard and TSA issued a joint final rule, under the same title, on January 25, 2007 (72 FR 3492) (hereinafter referred to as the original TWIC final rule). The preamble to that final rule contains a discussion of all the comments received on the NPRM, as well as a discussion of the provisions found in the original TWIC final rule, which became effective on March 26, 2007. On May 7, 2008, the Coast Guard and TSA issued a final rule to realign the compliance date for implementation of the Transportation Worker Identification Credential. 73 FR 25562. The date by which mariners need to obtain a TWIC, and by which owners and operators of vessels, facilities, and outer continental shelf facilities, who have not otherwise been required to implement access control procedures utilizing TWIC, must implement those procedures, is now April 15, 2009 instead of September 25, 2008. Owners and operators of facilities that must comply with 33 CFR part 105 will still be subject to earlier, rolling compliance dates, as laid out in 33 CFR 105.115(e). On the same day, the Coast Guard announced the first of the rolling compliance dates and owners and operators of facilities located within Captain of the Port

(COTP)Zones Boston, Northern New England, and Southeastern New England were informed that they must implement access control procedures utilizing TWIC no later than October 15, 2008. 73 FR 25757. The Coast Guard will continue to announce rolling compliance dates, as laid out in 33 CFR 105.115(e), at least 90 days in advance via notices published in the **Federal Register** . The final compliance date for all COTP Zones will not be later than April 15, 2009. II. Notice of Facility Compliance Date—COTP Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie Title 33 CFR 105.115(e) currently states that “[f]acility owners and operators must be operating in accordance with the TWIC provisions in this part by the date set by the Coast Guard in a Notice to be published in the **Federal Register** .” Through this Notice, the Coast Guard informs the owners and operators of facilities subject to 33 CFR 105.115(e) located within COTP Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie that the deadline for their compliance with Coast Guard and TSA TWIC requirements is October 31, 2008. The TSA and Coast Guard have determined that this date provides sufficient time for the estimated population required to obtain TWICs for these COTP Zones to enroll and for TSA to complete the necessary security threat assessments for those enrollment applications. We strongly encourage persons requiring unescorted access to facilities regulated by 33 CFR part 105 and located in one of these COTP Zones to enroll for their TWIC as soon as possible, if they haven't already. Information on enrollment procedures, as well as a link to the pre-enrollment website (which will also enable an applicant to make an appointment for enrollment), may be found at *https://twicprogram.tsa.dhs.gov/TWICWebApp/.* You may also visit our Web site at homeport.uscg.mil/twic for a framework showing expected future compliance dates by COTP Zone. This list is subject to change; changes in expected future compliance dates will appear on that website. The exact compliance date for COTP Zones will also be announced in the **Federal Register** at least 90 days in advance. Dated: July 2, 2008. Mark P. O'Malley, Captain, U.S. Coast Guard, Chief, Ports and Facilities Activities. [FR Doc. E8-15489 Filed 7-8-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1771-DR] Illinois; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Illinois (FEMA-1771-DR), dated June 24, 2008, and related determinations. EFFECTIVE DATE: June 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated June 30, 2008, the President amended the cost-sharing arrangements concerning Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (Stafford Act), in a letter to R. David Paulison, Administrator, Federal Emergency Management Agency, Department of Homeland Security, as follows: I have determined that the damage in certain areas of the State of Illinois resulting from severe storms and flooding beginning on June 1, 2008, and continuing, is of sufficient severity and magnitude that special cost sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). Therefore, I amend my declaration of June 24, 2008, to authorize Federal funds for emergency protective measures, including direct Federal assistance, at 90 percent Federal funding of total eligible costs. This adjustment is effective until the respective date at which the National Oceanic and Atmospheric Administration's National Weather Service River Forecast Center reports that the rivers in the State of Illinois which have experienced historical flooding, fall below flood stage. This adjustment cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under applicable law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for Other Needs Assistance (Section 408), and the Hazard Mitigation Grant Program (Section 404). These funds will continue to be reimbursed at 75 percent of total eligible costs. This cost share is effective as of the date of the President's major disaster declaration. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15531 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1766-DR] Indiana; Amendment No. 10 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and related determinations. EFFECTIVE DATE: June 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Indiana is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 8, 2008. Hendricks and Tippecanoe Counties for Individual Assistance. Adams, Gibson, and Posey Counties for Public Assistance (already designated for Individual Assistance.) Franklin, Ohio, and Union Counties for Public Assistance (already designated for emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) Hendricks and Switzerland Counties for Public Assistance. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidential Declared Disaster Assistance to Individuals and Households—Other Needs, 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15528 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1766-DR] Indiana; Amendment No. 11 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and related determinations. EFFECTIVE DATE: June 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated June 30, 2008, the President amended the cost-sharing arrangements concerning Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (Stafford Act), in a letter to R. David Paulison, Administrator, Federal Emergency Management Agency, Department of Homeland Security, as follows: I have determined that the damage in certain areas of the State of Indiana resulting from severe storms, flooding, and tornadoes beginning on May 30, 2008, and continuing, is of sufficient severity and magnitude that special cost sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). Therefore, I amend my declaration of June 8, 2008, to authorize Federal funds for emergency protective measures, including direct Federal assistance, at 90 percent Federal funding of total eligible costs. This adjustment is effective until the respective date at which the National Oceanic and Atmospheric Administration's National Weather Service River Forecast Center reports that the rivers in the State of Indiana, which have experienced historical flooding, fall below flood stage. This adjustment cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under applicable law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for Other Needs Assistance (Section 408), and the Hazard Mitigation Grant Program (Section 404). These funds will continue to be reimbursed at 75 percent of total eligible costs. This cost share is effective as of the date of the President's major disaster declaration. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15538 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1763-DR] Iowa; Amendment No. 11 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related determinations. EFFECTIVE DATE: June 28, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Iowa is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 27, 2008. Lucas County for Individual Assistance. Dallas, Davis, Iowa, Mitchell, and Worth Counties for Individual Assistance (already designated for Public Assistance.) (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15526 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1763-DR] Iowa; Amendment No. 12 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related determinations. EFFECTIVE DATE: June 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated June 30, 2008, the President amended the cost-sharing arrangements concerning Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (Stafford Act), in a letter to R. David Paulison, Administrator, Federal Emergency Management Agency, Department of Homeland Security, as follows: I have determined that the damage in certain areas of the State of Iowa resulting from severe storms, tornadoes, and flooding beginning on May 25, 2008, and continuing, is of sufficient severity and magnitude that special cost sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). Therefore, I amend my declaration of May 27, 2008, to authorize Federal funds for emergency protective measures, including direct Federal assistance, at 90 percent Federal funding of total eligible costs. This adjustment is effective until the respective date at which the National Oceanic and Atmospheric Administration's National Weather Service River Forecast Center reports that the rivers in the State of Iowa, which have experienced historical flooding, fall below flood stage. This adjustment cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under applicable law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for Other Needs Assistance (Section 408), and the Hazard Mitigation Grant Program (Section 404). These funds will continue to be reimbursed at 75 percent of total eligible costs. This cost share is effective as of the date of the President's major disaster declaration. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15527 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1763-DR] Iowa; Amendment No. 10 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related determinations. EFFECTIVE DATE: June 27, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Iowa is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 27, 2008. Davis, Henry, Lyon, Palo Alto, Pocahontas, Pottawattamie, and Van Buren Counties for Public Assistance. Des Moines, Lee, and Muscatine Counties for Public Assistance (already designated for Individual Assistance.) (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidential Declared Disaster Assistance to Individuals and Households—Other Needs, 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15529 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1773-DR] Missouri; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Missouri (FEMA-1773-DR), dated June 25, 2008, and related determinations. EFFECTIVE DATE: June 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Missouri is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 25, 2008. Andrew, Atchison, and Holt Counties for Public Assistance (already designated for emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) Clark, Lewis, Lincoln, Marion, Pike, Ralls, and St. Charles Counties for Public Assistance (already designated for Individual Assistance and emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15532 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1773-DR] Missouri; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Missouri (FEMA-1773-DR), dated June 25, 2008, and related determinations. EFFECTIVE DATE: June 28, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Missouri is hereby amended to include Individual Assistance and Hazard Mitigation in the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 25, 2008. Clark, Lewis, Lincoln, Marion, Pike, Ralls, and St. Charles Counties for Individual Assistance (already designated for emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) All jurisdictions in the State of Missouri are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15533 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1773-DR] Missouri; Amendment No. 3 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Missouri (FEMA-1773-DR), dated June 25, 2008, and related determinations. EFFECTIVE DATE: June 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated June 30, 2008, the President amended the cost-sharing arrangements concerning Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (Stafford Act), in a letter to R. David Paulison, Administrator, Federal Emergency Management Agency, Department of Homeland Security, as follows: I have determined that the damage in certain areas of the State of Missouri resulting from severe storms and flooding beginning on June 1, 2008, and continuing, is of sufficient severity and magnitude that special cost sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). Therefore, I amend my declaration of June 25, 2008, to authorize Federal funds for emergency protective measures, including direct Federal assistance, at 90 percent Federal funding of total eligible costs. This adjustment is effective until the respective date at which the National Oceanic and Atmospheric Administration's National Weather Service River Forecast Center reports that the rivers in the State of Missouri, which have experienced historical flooding, fall below flood stage. This adjustment cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under applicable law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for Other Needs Assistance (Section 408), and the Hazard Mitigation Grant Program (Section 404). These funds will continue to be reimbursed at 75 percent of total eligible costs. This cost share is effective as of the date of the President's major disaster declaration. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15540 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1769-DR] West Virginia; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of West Virginia (FEMA-1769-DR), dated June 19, 2008, and related determinations. EFFECTIVE DATE: June 27, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of West Virginia is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 19, 2008. Wetzel County for Individual Assistance. Tucker County for Individual Assistance and Public Assistance. Braxton, Calhoun, Lewis, Ritchie, Webster, and Wirt Counties for Public Assistance. Tyler County for Public Assistance (already designated for Individual Assistance.) (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15535 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1768-DR] Wisconsin; Amendment No. 9 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Wisconsin (FEMA-1768-DR), dated June 14, 2008, and related determinations. EFFECTIVE DATE: June 30, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated June 30, 2008, the President amended the cost-sharing arrangements concerning Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (Stafford Act), in a letter to R. David Paulison, Administrator, Federal Emergency Management Agency, Department of Homeland Security, as follows: I have determined that the damage in certain areas of the State of Wisconsin resulting from severe storms, tornadoes, and flooding beginning on June 5, 2008, and continuing, is of sufficient severity and magnitude that special cost sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (the Stafford Act). Therefore, I amend my declaration of June 14, 2008, to authorize Federal funds for emergency protective measures, including direct Federal assistance, at 90 percent Federal funding of total eligible costs. This adjustment is effective until the respective date at which the National Oceanic and Atmospheric Administration's National Weather Service River Forecast Center reports that the rivers in the State of Wisconsin, which have experienced historical flooding, fall below flood stage. This adjustment cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under applicable law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for Other Needs Assistance (Section 408), and the Hazard Mitigation Grant Program (Section 404). These funds will continue to be reimbursed at 75 percent of total eligible costs. This cost share is effective as of the date of the President's major disaster declaration. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15530 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1768-DR] Wisconsin; Amendment No. 8 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Wisconsin (FEMA-1768-DR), dated June 14, 2008, and related determinations. EFFECTIVE DATE: June 27, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Wisconsin is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 14, 2008. Manitowoc County for Individual Assistance. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15537 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1770-DR] Nebraska; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Nebraska (FEMA-1770-DR), dated June 20, 2008, and related determinations. EFFECTIVE DATE: June 24, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this disaster is closed effective June 24, 2008. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15547 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1768-DR] Wisconsin; Amendment No. 7 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Wisconsin (FEMA-1768-DR), dated June 14, 2008, and related determinations. EFFECTIVE DATE: June 27, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Wisconsin is hereby amended to include the Public Assistance program in the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 14, 2008. Lafayette and Monroe Counties for Public Assistance. Adams, Columbia, Crawford, Dane, Dodge, Grant, Iowa, Milwaukee, Richland, Sauk, Vernon, and Winnebago Counties for Public Assistance (already designated for Individual Assistance). (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15536 Filed 7-8-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5191-N-21] Notice of Proposed Information Collection: Comment Request; Management Reviews of Multifamily Housing Projects AGENCY: Office of the Assistant Secretary for Housing, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* September 8, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone

(202)402-8048. FOR FURTHER INFORMATION CONTACT: Kimberly R. Munson, Housing Program Manager, Office of Multifamily Housing Programs, Office of Asset Management, U.S. Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone

(202)708-1320 (this is not a toll free number) for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

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

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Management Reviews of Multifamily Housing Projects. *OMB Control Number, if applicable:* 2502-0178. *Description of the need for the information and proposed use:* HUD staff, Mortgagees, and Contract Administrators complete the form HUD-9834 during on-site reviews. The information gathered from the form is used to evaluate the quality of management, determine causes of problems, and devise corrective actions to safeguard the Department's financial interest and ensure that tenants are provided with decent, safe, and sanitary housing. *Agency form numbers, if applicable:* HUD-9834. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The number of burden hours is 203,912. The number of respondents is 25,489, the number of responses is 25,489, the frequency of response is annually, and the burden hour per response is 8. *Status of the proposed information collection:* This is an extension of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Frank L. Davis, General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner. [FR Doc. E8-15507 Filed 7-8-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5194-N-11] Notice of Proposed Information Collection: Extension of Comment Request; Management Review for Public Housing Projects AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice of proposed information collection, extension. SUMMARY: This notice is being republished to extend the comment period until August 31, 2008. This notice was previously published on February 8, 2008 and republished on April 1, 2008 to extend the comment period until June 30, 2008. The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* September 30, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB Control number and should be sent to: Lillian L. Deitzer, Department Reports Management Officer, ODAM, Department of Housing and Urban Development, 451 7th Street, SW., Room 4116, Washington, DC 20410-5000; telephone: 202-708-2374, (this is not a toll-free number) or e-mail Ms. Deitzer at *Lillian_I._Deitzer@HUD.gov* for a copy of the proposed form and other available information. FOR FURTHER INFORMATION CONTACT: Mary Schulhof, Office of Policy, Programs and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; telephone: 202-708-0713, (this is not a toll-free number). SUPPLEMENTARY INFORMATION: On February 8, 2008 (73 FR 7575), this notice informed the public that the U.S. Department of Housing and Urban Development

(HUD)would be soliciting comments from the public on the subject proposal. On April 1, 2008, this notice was republished to extend the comment period until June 30, 2008. The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)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;

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

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

(4)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Management Review of Public Housing Projects. *OMB Control Number:* 2577-Pending. *Description of the need for the information and proposed use:* On September 19, 2005 (70 FR 54983), HUD published a final rule amending the regulations of the Public Housing Operating Fund Program at 24 CFR part 990, which was developed through negotiated rulemaking. Part 990 provides a new formula for distributing operating subsidy to public housing agencies

(PHAs)and establishes requirements for PHAs to convert to asset management. Subpart H of the part 990 regulations (§§ 990.255 to 990.290) establishes the requirements regarding asset management. Under § 990.260(a), PHAs that own and operate 250 or more dwelling rental units must operate using an asset management model consistent with the subpart H regulations. However, for the current fiscal year, that regulation is superseded by Section 225 of Title II of Division K of the Consolidated Appropriations Act, 2008, Pub. L. 110-161 (approved December 26, 2007). Under that law, PHAs that own or operate 400 or fewer units may elect to transition to asset management, but they are not required to do so. To support the transition to asset management and align HUD oversight with asset management, a new management review format is required to review PHAs on a project level, rather than PHA-wide. The forms are modeled after the asset management model consistent with the management norms in the broader multifamily industry. *Agency form numbers:* Forms HUD-5834, HUD-5834-A, and HUD-5834-B. *Members of affected public:* Public housing agencies. *Estimation of the total number of hours needed to prepare the information collection including number of respondents:* For form HUD-5834, Management Review of Public Housing Projects, there are 3,282 respondents annually with one response per respondent. Average time per response is .95 hours and the total burden hours are 3,118 hours. For form HUD-5834-A, Tenant File Review, there are 821 respondents annually with one response per respondent. Average time per response is .50 hours and the total burden hours are 410.50 hours. For form HUD-5834-B, Upfront Income Verification Review, there are 821 respondents annually with one response per respondent. Average time per response is .50 hours and the total burden hours are 410.50 hours. *Status of the proposed information collection:* New collection. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: June 26, 2008. Bessy Kong, Deputy Assistant Secretary for Policy, Programs and Legislative Initiatives. [FR Doc. E8-15508 Filed 7-8-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Minerals Management Service [Docket No. MMS-2008-MRM-0009] 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 1010-0073). 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 220. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. The previous title of this ICR was “30 CFR Part 220—Accounting Procedures for Determining Net Profit Share Payment for Outer Continental Shelf Oil and Gas Leases, § 220.010 NPSL capital account, § 220.030 Maintenance of records, § 220.031 Reporting and payment requirements, § 220.032 Inventories, and § 220.033 Audits.” The new title of this ICR is “30 CFR Part 220, OCS Net Profit Share Payment Reporting.” There are no forms associated with this information collection. DATES: Submit written comments on or before *August 8, 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 1010-0073). 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 1010-0073 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 1010-0073 in your comments. FOR FURTHER INFORMATION CONTACT: Armand Southall, telephone

(303)231-3221, or e-mail *armand.southall@mms.gov.* You may also contact Mr. Southall to obtain copies, at no cost, of

(1)the ICR and

(2)the regulations that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR Part 220, OCS Net Profit Share Payment Reporting. *OMB Control Number:* 1010-0073. *Bureau Form Number:* None. *Abstract:* The Secretary of the U.S. Department of the Interior is responsible for matters relevant to mineral resource development on Federal lands and the Outer Continental Shelf (OCS). The Secretary is responsible for managing the production of minerals from Federal 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 MMS performs the mineral revenue management functions for the Secretary. The MMS collects and uses this information to determine all allowable direct and allocable joint costs incurred during the lease term, appropriate overhead allowance permitted on these costs under § 220.012, and allowances for capital recovery calculated under § 220.020. The MMS also collects this information to ensure royalties or net profit share payments are accurately valued and appropriately paid. This ICR affects only oil and gas leases on submerged Federal lands on the OCS. Applicable legal citations pertaining to mineral leases include Public Law 97-451—Jan. 12, 1983 (Federal Oil and Gas Royalty Management Act of 1982); Public Law 104-185—Aug. 13, 1996 (Federal Oil and Gas Royalty Simplification and Fairness Act of 1996), as corrected by Public Law 104-200—Sept. 22, 1996; the Mineral Leasing Act of 1920 (30 U.S.C. 1923); and the Outer Continental Shelf Lands Act (43 U.S.C. 1353). These citations can be viewed at *http://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm* . Title 30 CFR part 220 covers the net profit share lease

(NPSL)program and establishes reporting requirements for determining the net profit share base and calculating net profit share payments due the Federal Government for the production of oil and gas from OCS leases. Net Profit Share Leases

(NPSL)Bidding System To encourage exploration, development, and production of oil and gas lease resources on submerged Federal lands on the Outer Continental Shelf (OCS), regulations were promulgated at 30 CFR part 260—Outer Continental Shelf Oil and Gas Leasing. Part 260, subpart B establishes the bidding systems that MMS may use to offer and sell Federal leases. Specific implementation regulations for the NPSL bidding system are promulgated at § 260.110(d) of part 260, subpart B. The MMS established the NPSL bidding system to balance a fair market return to the Federal Government for the lease of its public lands with a fair profit to companies risking their investment capital. The system provides an incentive for early and expeditious exploration and development and provides for sharing the risks by the lessee and the Federal Government. The NPSL bidding system incorporates a fixed capital recovery system as a means through which the lessee recovers costs of exploration and development from production revenues, along with a reasonable return on investment. NPSL Capital Account Payment Reporting Under § 220.031(b), the lessee report and pay NPSL payment due the Federal Government beginning with the first month in which production revenues are credited to the NPSL capital account not later than 60 days following the end of each month. The Federal Government does not receive a profit share payment from an NPSL until the lessee shows a credit balance in its capital account; that is, cumulative revenues and other credits exceed cumulative costs. The credit balance is multiplied by the net profit share rate (30 to 50 percent), resulting in the amount of net profit share payment due the Federal Government. The MMS requires lessees to maintain an NPSL capital account for each lease, which transfers to a new owner when sold. Following the cessation of production, lessees are also required to provide either an annual or a monthly report to the Federal Government, using data from the capital account. NPSL Inventories The NPSL lessees must notify MMS of their intent to perform an inventory and file a report after each inventory of controllable materiel. NPSL Audits When non-operators of an NPSL call for an audit, they must notify MMS. When MMS calls for an audit, the lessee must notify all non-operators on the lease. These requirements are located at § 220.033. Summary This collection of information is necessary in order to determine when net profit share payments are due and to ensure royalties or net profit share payments are properly valued and appropriately paid. The MMS will request OMB's approval to continue to collect this information. Not collecting this information would limit the Secretary's ability to discharge his/her duty and may also result in loss of royalty payments. Proprietary information submitted to MMS under this collection is protected, and there are no questions of a sensitive nature included in this information collection. *Frequency:* Annually, monthly, and on occasion. *Estimated Number and Description of Respondents:* 6 lessees. *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 1,046 hours. All six lessees report monthly because all current NPSLs are in producing status. Because the requirements for establishment of capital accounts at § 220.010(a) and capital account annual reporting at § 220.031(a) are necessary only during non-producing status of a lease, we included only one response annually for these requirements, in case a new NPSL is established. We have not included in our estimates certain requirements performed in the normal course of business, which are considered usual and customary. The following chart shows the estimated annual burden hours by CFR section and paragraph. Respondents' Estimated Annual Burden Hours Citation 30 CFR 220 Reporting & recordkeeping requirement Hour burden Number of annual responses Annual burden hours Part 220—Accounting Procedures for Determining Net Profit Share Payment for Outer Continental Shelf Oil and Gas Leases § 220.010 NPSL capital account 220.010(a)

(a)For each NPSL tract, an NPSL capital account shall be established and maintained by the lessee for NPSL operations * * * 1 1 1 § 220.030 Maintenance of records 220.030(a) and

(a)Each lessee * * * shall establish and maintain such records as are necessary * * * 1 6 6 § 220.031 Reporting and payment requirements 220.031(a)

(a)Each lessee subject to this part shall file an annual report during the period from issuance of the NPSL until the first month in which production revenues are credited to the NPSL capital account * * * 1 1 1 220.031(b)

(b)Beginning with the first month in which production revenues are credited to the NPSL capital account, each lessee * * * shall file a report for each NPSL, not later than 60 days following the end of each month * * * 13 72 1 936 220.031(c)

(c)Each lessee subject to this Part 220 shall submit, together with the report required * * * any net profit share payment due * * * Burden hours covered under § 220.031(b). 220.031(d)

(d)Each lessee * * * shall file a report not later than 90 days after each inventory is taken * * * 8 6 48 220.031(e)

(e)Each lessee * * * shall file a final report, not later than 60 days following the cessation of production * * * 4 6 24 § 220.032 Inventories 220.032(b)

(b)At reasonable intervals, but at least once every three years, inventories of controllable materiel shall be taken by the lessee. Written notice of intention to take inventory shall be given by the lessee at least 30 days before any inventory is to be taken so that the Director may be represented at the taking of inventory * * * 1 6 6 § 220.033 Audits 220.033(b)(1) (b)(1) When nonoperators of an NPSL lease call an audit in accordance with the terms of their operating agreement, the Director shall be notified of the audit call * * * 2 6 12 220.033(b)(2) (b)(2) If DOI determines to call for an audit, DOI shall notify the lessee of its audit call and set a time and place for the audit * * *. The lessee shall send copies of the notice to the nonoperators on the lease * * * 2 6 12 220.033(e)

(e)Records required to be kept under § 220.030(a) shall be made available for inspection by any authorized agent of DOI * * * The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 1995 because MMS staff asks non-standard questions to resolve exceptions. Total Burden 110 1,046 1 (6 NPSL reports × 12 months = 72 reports). *Estimated Annual Reporting and Recordkeeping “Non-hour” Cost Burden:* We have identified no “non-hour cost” burdens. *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 October 2, 2007 (72 FR 56090), 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 August 8, 2008. *Public Comment Policy:* We will post all comments in response to this notice 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. Dated: May 6, 2008. Shirley M. Conway, Acting Associate Director for Minerals Revenue Management. [FR Doc. E8-15495 Filed 7-8-08; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service [Docket ID: MMS-2008-OMM-0032] MMS Information Collection Activity: 1010-0164 (Damage Caused by Hurricanes), Extension of a Collection; Submitted for Office of Management and Budget Review; Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of an extension of an information collection (1010-0164). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), MMS is inviting comments on a collection of information that we will submit to the Office of Management and Budget for review and approval. The information collection request concerns the paperwork requirements in the regulations under 30 CFR 250, Subpart I, Platforms and Structures, Notice to Lessees and Operators—Damage Caused by Hurricane(s). This request covers damage due to any hurricane(s) that may occur in the Gulf of Mexico over the next 3 years. DATE: Submit written comments by September 8, 2008. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and Standards Branch at

(703)787-1607. You may also contact Cheryl Blundon to obtain a copy, at no cost, of the regulation and the Notice to Lessees and Operators that requires the subject collection of information. ADDRESSES: You may submit comments by either of the following methods listed below. • Electronically: go to *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-0032 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 1010-0164 in your subject line and mark your message for return receipt. Include your name and return address in your message text. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR Part 250, Subpart I, Platforms and Structures, Notice to Lessees and Operators (NTL)—Damage Caused by Hurricane(s). *OMB Control Number:* 1010-0164. *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 which 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; preserve and maintain free enterprise competition; and ensure that the extent of oil and natural gas resources of the OCS is assessed at the earliest practicable time. Section 43 U.S.C. 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 techniques sufficient to prevent or minimize the likelihood of blowouts, loss of well control, fires, spillages, physical obstruction 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.” To carry out these responsibilities, Minerals Management Service

(MMS)issues regulations to ensure that operations in the OCS will meet statutory requirements; provide for safety and protect the environment; and result in diligent exploration, development, and production of OCS leases. In addition, we also issue NTLs that provide clarification, explanation, and interpretation of our regulations. These NTLs are used to convey purely informational material and to cover situations that might not be adequately addressed in our regulations. The latter is the case for the information collection required in the NTL. Because of the unusual nature of this information collection, issuing a temporary NTL is the appropriate means to collect the information. The subject of this information collection request

(ICR)is an NTL titled, *Damage Caused by Hurricane(s)* to be issued to lessees and operators in the MMS Gulf of Mexico OCS

(GOM)Region after a hurricane occurs. This ICR deal with damage to facilities due to any hurricane(s) that may occur in the GOM. Once this ICR is approved by OMB, MMS will reissue the NTL for each new future hurricane that impacts operations in the GOM with MMS inserting the appropriate hurricane name, longitudes, and dates of submittal, etc. Currently, there are over 4,000 facilities/structures in the GOM OCS. The MMS anticipates that potential major hurricanes may impact 40 percent or more of the platforms in the GOM (1,600 facilities) during any one event. For example, in 2005, Hurricanes Katrina and Rita combined affected approximately 2,900 OCS facilities—only 10 facilities were affected by both storms; they each followed different paths and had their own specific meteorological anomalies (deviation or departure from the normal phenomena of the atmosphere). It needs to be stressed that the information we collect under this NTL is information that a prudent lessee/operator would prepare in the event of a major hurricane. The primary authority for this submission is *30 CFR Part 250, Subpart I, Platform and Structures* , information collection approved under the OMB Control Number 1010-0149. However, in connection with this subpart, MMS believes that the burden hour requirements in the proposed NTL are in addition to the currently approved paperwork burden under those requirements. With regard to the OCS Pipelines section of this NTL, MMS has the authority to collect the information requested under *30 CFR Part 250, Subpart J, Pipelines and Pipeline Rights-of-Way.* The OMB has already approved the collection of pipeline information under OMB Control Number 1010-0050. Emergency NTLs were issued relating to this same subject—structural damage caused by hurricanes—in 2003 after Hurricane Lili, in 2004 after Hurricane Ivan, and in 2005 after Hurricanes Katrina and Rita. Due to the nature of these incidents and their increasing occurrences, immediately after Hurricane Ivan, proposed rulemaking was started to require lessees to submit to MMS information about structure damage on the OCS due to natural phenomena, e.g., hurricanes, earthquakes. The final rule is currently in the surnaming process and OMB has issued Regulation Identifier Number 1010-AD18. We will protect information from respondents considered proprietary under the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2) and under regulations at 30 CFR 250.197, *Data and information to be made available to the public or for limited inspection.* No items of a sensitive nature are collected. Responses are mandatory. *Frequency:* Monthly; and as specified in the NTL. *Estimated Number and Description of Respondents:* Approximately 130 Federal OCS oil and gas lessees. *Estimated Reporting and Recordkeeping Hour Burden:* The currently approved annual reporting burden for this collection is 26,880 hours. The following chart details the individual components and respective hour burden estimates of this ICR. 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. Reporting requirement Hour burden Prepare and submit to MMS:

(1)List of impacted OCS structures,

(2)timetable for inspections, and

(3)inspection plan for each listed platform describing work to determine condition of structure 12 Submit amendments to list and inspection plans 12 Submit report to MMS describing detected damage that may adversely affect structural integrity, including assessment of ability to withstand anticipated environmental storm conditions, and any remediation plans 120 *Estimated Reporting and Recordkeeping Non-Hour Cost Burden:* We have identified no non-hour cost burdens for this collection. *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:* 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. Agencies must also estimate the non-hour cost burdens to respondents or recordkeepers resulting from the collection of information. Therefore, if you have costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and software you purchase to prepare for collecting information, monitoring, and record storage facilities. You should not include estimates for equipment or services purchased:

(i)Before October 1, 1995;

(ii)to comply with requirements not associated with the information collection;

(iii)for reasons other than to provide information or keep records for the Government; or

(iv)as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our submission for OMB approval. As a result of your comments, we will make any necessary adjustments to the burden in our submission to OMB. *Public Comment Procedures:* 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: June 26, 2008. E.P. Danenberger, Chief, Office of Offshore Regulatory Programs. [FR Doc. E8-15497 Filed 7-8-08; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF JUSTICE Notice of Lodging of Stipulation and Order Under the Clean Water Act Under 28 CFR 50.7, notice is hereby given that on July 1, 2008, a proposed Stipulation and Order was lodged with the United States District Court for the District of Massachusetts (the “Court”) in the matter of *United States* v. *Metropolitan District Commission and Massachusetts Water Resources Authority, et al.* , Civil Action No. 85-0489-RGS. In a Supplemental Complaint against the Massachusetts Water Resources Authority (the “MWRA”) submitted to the Court in this matter, the United States is seeking injunctive relief and civil penalties against the MWRA for claims arising under the Clean Water Act in connection with the operation of the MWRA's secondary treatment facilities located at the Deer Island Treatment Plant (“DITP”) on Deer Island in Boston Harbor. Under the Stipulation and Order, the MWRA will pay a civil penalty of $305,000, perform three Supplemental Environmental Projects estimated to cost a total of $305,000, and maintain a secondary treatment process limit at the DITP of at least 700 million gallons per day. The three Supplemental Environmental Projects require the removal of debris from eight tributaries to Boston Harbor, the provision of a pumpout boat to the City of Boston to be used by the City of Boston to pump sewage out of commercial vessels in Boston Harbor and vicinity, and the installation of low flow toilets in public buildings within communities in the MWRA sewer service area to reduce sewage discharge volumes and save water. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the Stipulation and Order. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States* v. *Metropolitan District Commission and Massachusetts Water Resources Authority, et al.* , D.J. Ref. No. 90-5-1-1-08992. The Stipulation and Order may be examined at the Office of the United States Attorney, John J. Moakley, U.S. Court House, 1 Courthouse Way, Suite 9200, Boston, MA 02210, and U.S. EPA, Region I, One Congress Street, Boston, Massachusetts 02203. During the public comment period, the Stipulation and Order may also be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Stipulation and Order may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax number

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $4.75 (25 cents per page reproduction cost) payable to the U.S. Treasury, or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen M. Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-15534 Filed 7-8-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request July 2, 2008. The Department of Labor

(DOL)hereby announces the submission of the following public information collection requests

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov.* Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers), E-mail: *OIRA_submission@omb.eop.gov* within 30 days from the date of this publication in the **Federal Register** . In order to ensure the appropriate consideration, comments should reference the OMB Control Number (see below). The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title of Collection:* Procedure for Application for Exemption from the Prohibited Transaction Provisions of Section 408(a) of the Employee Retirement Income Security Act of 1974 (ERISA). *OMB Control Number:* 1210-0060. *Affected Public:* Private Sector—Business or other for-profits. *Total Estimated Number of Respondents:* 80. *Total Estimated Annual Burden Hours:* 1,958. *Total Estimated Annual Costs Burden:* $7,937. *Description:* Section 408(a) of ERISA authorizes the Secretary of Labor to grant exemptions from the prohibited transaction sections of 406 and 407(a) of ERISA and directs the Secretary to establish a procedure with respect to such provisions. This regulation provides a procedure that requires applications for exemption to make certain disclosures to the Department of Labor and to participants and beneficiaries. For additional information, see related notice published at 73 FR 18301 on April 3, 2008. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title of Collection:* Application for EFAST-1 Electronic Signature and Codes for EFAST Transmitters and Software Developers. *OMB Control Number:* 1210-0117. *Affected Public:* Private Sector—Business or other for-profits. *Total Estimated Number of Respondents:* 8,200. *Total Estimated Annual Burden Hours:* 2,733. *Total Estimated Annual Costs Burden:* $3,444. *Description:* Form EFAST-1 is used by filers of Forms 5500 and 5500-EZ and software developers who wish to participate in an electronic filing program. EFAST-1 will transmit filer signatures and declarations to EFAST so that program participants may receive secure codes for electronic transmission. For additional information, see related notice published at 73 FR 18002 on April 2, 2008. *Agency:* Employee Benefits Security Administration. *Type of Review:* Extension without change of currently approved collection. *Title of Collection:* Consent To Receive Employee Benefit Plan Disclosures Electronically. *OMB Control Number:* 1210-0121. *Affected Public:* Private Sector—Business or other for-profits. *Total Estimated Number of Respondents:* 40,000. *Total Estimated Annual Burden Hours:* 7,000. *Total Estimated Annual Costs Burden:* $170,000. *Description:* Regulations at 29 CFR 2520.104b-1 and 2520.107-1 govern the use of electronic technologies to satisfy information disclosure and recordkeeping requirements under Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA). Generally, consent is required to be obtained prior to providing disclosures electronically to participants and beneficiaries at a location other than the workplace. For additional information, see related notice published at 73 FR 18001 on April 2, 2008. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E8-15515 Filed 7-8-08; 8:45 am] BILLING CODE 4510-29-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Advisory Panel Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), as amended, notice is hereby given that two meetings of the Arts Advisory Panel to the National Council on the Arts will be held at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending times are approximate): *Literature (application review):* July 30-August 1, 2008 in Room 730. A portion of this meeting, from 12 p.m. to 12:30 p.m. on August 1st, will be open to the public for a policy discussion. The remainder of the meeting, from 9 a.m. to 6 p.m. on July 30th and 31st, and from 9 a.m. to 12 p.m. and 12:30 p.m. to 4:30 p.m. on August 1st, will be closed. *AccessAbility (application review):* August 13-14, 2008 in Room 730. This meeting, from 9 a.m. to 5:30 p.m. on August 13th and from 9 a.m. to 5:30 p.m. on August 14th, will be closed. The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of February 28, 2008, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code. Any person may observe meetings, or portions thereof, of advisory panels that are open to the public, and if time allows, may be permitted to participate in the panel's discussions at the discretion of the panel chairman. If you need special accommodations due to a disability, please contact the Office of AccessAbility, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202/682-5532, TDY-TDD 202/682-5496, at least seven

(7)days prior to the meeting. Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or call 202/682-5691. Dated: July 3, 2008. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. E8-15520 Filed 7-8-08; 8:45 am] BILLING CODE 7537-01-P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel AGENCY: The National Endowment for the Humanities. ACTION: Notice of meetings. SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Michael P. McDonald, Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone

(202)606-8322. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Endowment's TDD terminal on

(202)606-8282. SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and

(6)of section 552b of Title 5, United States Code. 1. *Date:* August 4, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Faculty Research Awards in Faculty Research Awards, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 2. *Date:* August 5, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Anthropology and Archaeology in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 3. *Date:* August 6, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Ancient and Classical Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 4. *Date:* August 6, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for Medieval and Renaissance Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 5. *Date:* August 7, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Latin American Studies I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 6. *Date:* August 7, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for Latin American Studies II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 7. *Date:* August 11, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for American Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 8. *Date:* August 11, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for American Arts in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 9. *Date:* August 12, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Film, Media, and Communication in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 10. *Date:* August 12, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for American History I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 11. *Date:* August 13, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for American History II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 12. *Date:* August 13, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for American History III in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 13. *Date:* August 14, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for Romance Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 14. *Date:* August 14, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for Art History in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 15. *Date:* August 18, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 315. *Program:* This meeting will review applications for European History I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. 16. *Date:* August 18, 2008. *Time:* 8:30 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for European History II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2008 deadline. Michael P. McDonald, Advisory Committee Management Officer. [FR Doc. E8-15585 Filed 7-8-08; 8:45 am] BILLING CODE 7536-01-P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meeting of National Council on the Humanities AGENCY: The National Endowment for the Humanities. ACTION: Notice of meeting. Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended) notice is hereby given that the National Council on the Humanities will meet in Washington, DC on July 24-25, 2008. The purpose of the meeting is to advise the Chairman of the National Endowment for the Humanities with respect to policies, programs, and procedures for carrying out his functions, and to review applications for financial support from and gifts offered to the Endowment and to make recommendations thereon to the Chairman. The meeting will be held in the Old Post Office Building, 1100 Pennsylvania Avenue, NW., Washington, DC. A portion of the morning and afternoon sessions on July 24-25, 2008, will not be open to the public pursuant to subsections (c)(4), (c)(6) and (c)(9)(B) of section 552b of Title 5, United States Code because the Council will consider information that may disclose: Trade secrets and commercial or financial information obtained from a person and privileged or confidential; information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and information the premature disclosure of which would be likely to significantly frustrate implementation of proposed agency action. I have made this determination under the authority granted me by the Chairman's Delegation of Authority dated July 19, 1993. The agenda for the sessions on July 24, 2008, will be as follows: Committee Meetings (Open to the Public.) Policy Discussion. 9-10:30 a.m.: Challenge Grants and Research Programs—Room 315; Digital Humanities and Preservation and Access—Room 415; Education Programs—Room M-07; Federal/State Partnership—Room 510A; Public Programs—Room 421. (Closed to the Public.) Discussion of specific grant applications and programs before the Council. 10:30 a.m. until Adjourned: Challenge Grants and Research Programs—Room 315; Digital Humanities and Preservation and Access—Room 415; Education Programs—Room M-07; Federal/State Partnership—Room 510A; Public Programs—Room 421; 2:30-3:30 p.m.: National Humanities Medals—Room 527. The morning session of the meeting on July 25, 2008, will convene at 9 a.m., in the first floor Council Room M-09, and will be open to the public, as set out below. The agenda for the morning session will be as follows: A. Minutes of the Previous Meeting B. Reports 1. Introductory Remarks; 2. Staff Report; 3. Congressional Report; 4. Reports on Policy and General Matters: a. Challenge Grants; b. Research Programs; c. Digital Humanities; d. Preservation and Access; e. Education Programs; f. Federal/State Partnership; g. Public Programs; h. National Humanities Medals. The remainder of the proposed meeting will be given to the consideration of specific applications and will be closed to the public for the reasons stated above. Further information about this meeting can be obtained from Michael P. McDonald, Advisory Committee Management Officer, National Endowment for the Humanities, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or by calling

(202)606-8322, TDD

(202)606-8282. Advance notice of any special needs or accommodations is appreciated. Michael P. McDonald, Advisory Committee, Management Officer. [FR Doc. E8-15597 Filed 7-8-08; 8:45 am] BILLING CODE 7536-01-P NUCLEAR REGULATORY COMMISSION [Docket No. NRC-2008-0368] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget

(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). *Information pertaining to the requirement to be submitted:* 1. *The title of the information collection:* Registration Certificate In-Vitro. Testing with Byproduct Material under General License. 2. *Current OMB approval number:* 3150-0038. 3. *How often the collection is required:* There is a one-time submittal of information to receive a validated copy of NRC Form 483 with an assigned registration number. In addition, any changes in the information reported on NRC Form 483 must be reported in writing to the Commission within 30 days after the effective date of such change. 4. *Who is required or asked to report:* Any physician, veterinarian in the practice of veterinary medicine, clinical laboratory or hospital which desires a general license to receive, acquire, possess, transfer, or use specified units of byproduct material in certain *in vitro* clinical or laboratory tests. 5. *The number of annual respondents:* 85. 6. *The number of hours needed annually to complete the requirement or request:* 12.4 hours (Record keeping: 1.13 hours + Reporting: 2 hours NRC licensees and 9.3 hours Agreement State licensees). 7. *Abstract:* Section 31.11 of 10 CFR establishes a general license authorizing any physician, clinical laboratory, veterinarian in the practice of veterinary medicine, or hospital to possess certain small quantities of byproduct material for *in vitro* clinical or laboratory tests not involving the internal or external administration of the byproduct material or the radiation there from to human beings or animals. Possession of byproduct material under 10 CFR 31.11 is not authorized until the physician, clinical laboratory, veterinarian in the practice of veterinary medicine, or hospital has filed NRC Form 483 and received from the Commission a validated copy of NRC Form 483 with a registration number. Submit, by September 8, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2008-0368. You may submit your comments by any of the following methods. Electronic comments: Go to *http://www.regulations.gov* and search for Docket No. NRC-2008-0368. Mail comments to NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by e-mail to *INFOCOLLECTS.Resource@NRC.GOV.* Dated at Rockville, Maryland, this 30th day of June 2008. For the Nuclear Regulatory Commission. Gregory Trussell, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E8-15569 Filed 7-8-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION South Carolina Electric and Gas Company (SCE&G) and the South Carolina Public Service Authority (Santee Cooper); Notice of Receipt and Availability of Application for a Combined License On March 27, 2008, South Carolina Electric and Gas Company (SCE&G) acting as itself and agent for the South Carolina Public Service Authority also known as Santee Cooper filed with the U.S. Nuclear Regulatory Commission (NRC, the Commission) pursuant to Section 103 of the Atomic Energy Act and Title 10 of the *Code of Federal Regulations* (10 CFR) part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” an application for a combined license

(COL)for two AP1000 nuclear power plants at the existing Virgil C. Summer Nuclear Site (VCSNS) located in Fairfield County, South Carolina. The reactors are to be identified as VCSNS Units 2 and 3. An applicant may seek a COL in accordance with Subpart C of 10 CFR part 52. The information submitted by the applicant includes certain administrative information such as financial qualifications submitted pursuant to 10 CFR 52.77, as well as technical information submitted pursuant to 10 CFR 52.79. The applicant also requested exemptions from certain requirements of Section IV.A.2. Appendix D to 10 CFR part 52 and 10 CFR 52.79(a)(44) as documented in part 7 of the application. Subsequent **Federal Register** notices will address the acceptability of the tendered COL application for docketing and provisions for participation of the public in the COL review process. A copy of the application is available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and via the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* The accession number for the cover letter of the application is ML081300460. Future publicly available documents related to the application will also be posted in ADAMS. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to *pdr@nrc.gov.* The application is also available at *http://www.nrc.gov/reactors/new-licensing/col.html.* Dated at Rockville, Maryland, this 23rd day of June 2008. For the Nuclear Regulatory Commission. Brian Hughes, Senior Project Manager, AP1000 Projects Branch 1, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E8-15543 Filed 7-8-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Draft Regulatory Guide: Issuance, Availability AGENCY: Nuclear Regulatory Commission. ACTION: Issuance, Availability of Draft Regulatory Guide DG-1183. FOR FURTHER INFORMATION CONTACT: Tania Martinez-Navedo, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone:

(301)415-6561; e-mail *Tania.Martinez-Navedo@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)has issued for public comment a draft guide in the agency's “Regulatory Guide” series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled, “Sizing of Large Lead-Acid Storage Batteries,” is temporarily identified by its task number, DG-1183, which should be mentioned in all related correspondence. This guide describes methods that the staff considers acceptable for use in complying with requirements and regulations with regard to satisfying criteria for the sizing of large lead-acid storage batteries for use in nuclear power plants. Specifically, the method described in this regulatory guide relates to requirements set forth in Title 10, Section 50.55a, “Codes and Standards,” of the *Code of Federal Regulations* (10 CFR 50.55a) (as amended by the **Federal Register** notice of April 13, 1999; 64 FR 17944) and General Design Criteria

(GDC)1 and 17, as set forth in Appendix A, “General Design Criteria for Nuclear Power Plants,” to 10 CFR Part 50, “Domestic Licensing of Production and Utilization Facilities.” II. Further Information The NRC staff is soliciting comments on DG-1183. Comments may be accompanied by relevant information or supporting data, and should mention DG-1183 in the subject line. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC's Agencywide Documents Access and Management System (ADAMS). Personal information will not be removed from your comments. You may submit comments by any of the following methods: 1. *Mail comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 2. *E-mail comments to: NRCREP@nrc.gov.* 3. *Hand-deliver comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. 4. *Fax comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission at

(301)415-5144. Requests for technical information about DG-1183 may be directed to the NRC Senior Program Manager, Tania Martinez-Navedo at

(301)415-6561 or by e-mail to *Tania.Martinez-Navedo@nrc.gov.* Comments would be most helpful if received by September 5, 2008. Comments received after that date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before September 5, 2008. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of DG-1183 are available through the NRC's public Web site under Draft Regulatory Guides in the “Regulatory Guides” collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/.* Electronic copies are also available in ADAMS ( *http://www.nrc.gov/reading-rm/adams.html* ), under Accession No. ML080650493. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4205, by fax at

(301)415-3548, and by e-mail to *PDR@nrc.gov.* Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. Dated at Rockville, Maryland, this 2nd day of July, 2008. For the Nuclear Regulatory Commission. Stephen C. O'Connor, Acting Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E8-15565 Filed 7-8-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Issuance of Regulatory Guide AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Issuance and Availability of Regulatory Guide 10.3, Revision 2. FOR FURTHER INFORMATION CONTACT: Mark Orr, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6373 or e-mail to *Mark.Orr@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is issuing a revision to an existing guide in the agency's “Regulatory Guide” series. This series was developed to describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 2 of Regulatory Guide 10.3, “Guide for the Preparation of Applications for Special Nuclear Material Licenses for Less than Critical Mass Quantities,” was issued with a temporary identification as Draft Regulatory Guide DG-0014. This guide directs the reader to the type of information needed by the NRC staff to evaluate an application for a specific license for the receipt, possession, use, and transfer of special nuclear material

(SNM)in less than “critical mass” quantities. As defined in Title 10, part 70, “Domestic Licensing of Special Nuclear Material,” of the *Code of Federal Regulations* (10 CFR part 70), SNM is defined as:

(1)any isotope of plutonium, uranium 233 (U-233), uranium-235 (U-235), uranium enriched in the isotopes U-233 or U-235; or

(2)any material artificially enriched by any of the foregoing; and any other material which the Commission determines to be special nuclear material, but does not include source material. This regulatory guide endorses the methods and procedures contained in the current revision of NUREG-1556, Volume 17, “Consolidated Guidance about Materials Licenses: Program-Specific Guidance about Special Nuclear Material of Less than Critical Mass Licenses,” as a process that the NRC staff finds acceptable for meeting the regulatory requirements. II. Further Information In January 2008, DG-0014 was published with a public comment period of 60 days from the issuance of the guide. No comments were received and the public comment period closed on April 18, 2008. Electronic copies of Regulatory Guide 10.3, Revision 2 are available through the NRC's public Web site under “Regulatory Guides” at *http://www.nrc.gov/reading-rm/doc-collections/.* In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-2738. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4209, by fax at

(301)415-3548, and by e-mail to *pdr@nrc.gov.* Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Dated at Rockville, Maryland, this 1st day of July, 2008. For the Nuclear Regulatory Commission. Stephen C. O'Connor, Acting Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E8-15544 Filed 7-8-08; 8:45 am] BILLING CODE 7590-01-P PRESIDIO TRUST Revised Notice of Public Meeting AGENCY: The Presidio Trust. ACTION: Revised Notice of Public Meeting. SUMMARY: In accordance with § 103(c)(6) of the Presidio Trust Act, 16 U.S.C. 460bb note, Title I of Pub. L. 104-333, 110 Stat. 4097, as amended, and in accordance with the Presidio Trust's bylaws, notice was given that a public meeting of the Presidio Trust Board of Directors would be held commencing 6:30 p.m. on Monday, July 14, 2008, at the Officers' Club, 50 Moraga Avenue, Presidio of San Francisco, California. The location of the public meeting has changed. A public meeting of the Presidio Trust Board of Directors will be held commencing 6:30 p.m. on Monday, July 14, 2008, at the Presidio Herbst International Exhibition Hall, 385 Moraga Avenue, Presidio of San Francisco, California. The Presidio Trust was created by Congress in 1996 to manage approximately eighty percent of the former U.S. Army base known as the Presidio, in San Francisco, California. The agenda for the meeting has been expanded. The purposes of this meeting are to approve budgets for four projects, to adopt a revised budget for Fiscal Year 2008, to receive public comment on the draft Supplemental Environmental Impact Statement for the Main Post, to provide an Executive Director's report, and to receive public comment on other matters in accordance with the Trust's Public Outreach Policy. *Time:* The meeting will begin at 6:30 p.m. on Monday, July 14, 2008. ADDRESSES: The meeting will be held at the Presidio Herbst International Exhibition Hall, 385 Moraga Avenue, Presidio of San Francisco. FOR FURTHER INFORMATION CONTACT: Karen Cook, General Counsel, the Presidio Trust, 34 Graham Street, P.O. Box 29052, San Francisco, California 94129-0052, Telephone: 415.561.5300. Dated: July 2, 2008. Karen A. Cook, General Counsel. [FR Doc. E8-15582 Filed 7-8-08; 8:45 am] BILLING CODE 4310-4R-P SECURITIES AND EXCHANGE COMMISSION [Release No. IC-28328; File No. 812-13401] The Penn Mutual Life Insurance Company, et al.; Notice of Application July 2, 2008. AGENCY: Securities and Exchange Commission (“SEC” or the “Commission”). ACTION: Notice of application for an order pursuant to Section 26(c) of the Investment Company Act of 1940 (“1940 Act”), approving certain substitutions of securities and for an order of exemption pursuant to Section 17(b) of the 1940 Act. Applicants: The Penn Mutual Life Insurance Company (“Penn Mutual”), The Penn Insurance and Annuity Company (“PIA”), Penn Mutual Variable Annuity Account III (“Variable Annuity Account III”), Penn Mutual Variable Life Account I (“Variable Life Account I”), and PIA Variable Annuity Account I (“Variable Annuity Account I”) (Variable Annuity Account III, Variable Life Account I, and Variable Annuity Account I are collectively referred to as the “Separate Accounts” and, collectively with Penn Mutual and PIA, the “Section 26 Applicants”), Penn Series Funds, Inc. (“Penn Series” and collectively with the Section 26 Applicants, the “Section 17 Applicants”). Summary of Application: The Section 26 Applicants request an order pursuant to Section 26(c) of the 1940 Act, approving the proposed substitution of certain shares of diversified portfolios of Penn Series, a registered investment company that is an affiliate of the Section 26 Applicants, for shares of other investment portfolios of underlying registered investment companies unaffiliated with the Section 26 Applicants (the “Substitutions”). The registered investment companies support variable annuity and variable life insurance contracts issued by Penn Mutual and its subsidiary, PIA. The Section 17 Applicants also request an order pursuant to Section 17(b) of the 1940 Act exempting them, to the extent necessary, from Section 17(a) of the 1940 Act for the in-kind purchases and sales of shares of the Replacement Funds (as defined herein) in connection with the Substitutions. Filing Date: The application was filed on June 29, 2007, and amended on July 2, 2008. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Secretary of the Commission and serving Applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on July 24, 2008, and should be accompanied by proof of service on Applicants in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the requester's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Secretary of the Commission. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. Applicants, c/o Morgan, Lewis & Bockius LLP, 1111 Pennsylvania Avenue, NW., Washington, DC 20004, Attn: Michael Berenson, Esq. FOR FURTHER INFORMATION CONTACT: Sonny Oh, Staff Attorney, or Zandra Bailes, Branch Chief, Office of Insurance Products, Division of Investment Management at

(202)551-6795. SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee from the SEC's Public Reference Branch, 100 F Street, NE., Room 1580, Washington, DC 20549 (tel.

(202)551-8090). Applicants' Representations 1. Penn Mutual is a mutual life insurance company organized in the Commonwealth of Pennsylvania and originally chartered in 1847. Penn Mutual is a diversified financial services company providing life insurance, annuities, disability income insurance, long-term care insurance, structured settlements, retirement and other products to individual and institutional customers. 2. Penn Mutual established Variable Annuity Account III on April 13, 1982. Variable Annuity Account III is registered under the 1940 Act as a unit investment trust and is used to fund variable annuity contracts issued by Penn Mutual. Ten variable annuity contracts funded by Variable Annuity Account III are affected by the application. 3. Penn Mutual established Variable Life Account I on January 27, 1987. Variable Life Account I is registered under the 1940 Act as a unit investment trust and is used to fund variable life insurance contracts issued by Penn Mutual. Eight variable life insurance contracts funded by Variable Life Account I are affected by the application. 4. PIA is a Delaware stock life insurance company. It is a wholly-owned subsidiary of Penn Mutual. PIA established Variable Annuity Account I on July 13, 1994. Variable Annuity Account I is registered under the 1940 Act as a unit investment trust and is used to fund variable annuity contracts issued by PIA. One variable annuity contract funded by Variable Annuity Account I is affected by the application. 5. Penn Series is registered under the 1940 Act as an open-end management investment company that offers shares of diversified portfolios (each, a “Fund,” and collectively, the “Funds”) for variable annuity and variable life insurance contracts (each, a “Contract,” and collectively, the “Contracts”) issued by Penn Mutual and its subsidiary, PIA. Each of Penn Series” twenty-nine separate Funds is a no-load mutual fund. Shares of each Fund may be purchased only by insurance companies for the purpose of funding variable annuity contracts and variable life insurance policies and by qualified pension plans. Penn Series was established as a Maryland corporation pursuant to Articles of Incorporation dated April 21, 1982. Independence Capital Management, Inc. (“ICMI”), a wholly-owned subsidiary of Penn Mutual, is a registered investment adviser under the Investment Advisers Act of 1940, as amended, and provides investment management services to each of the Funds. ICMI performs the day-to-day investment management services for nine of the Funds while the other twenty have sub-advisers. Penn Series and ICMI have “manager of managers” exemptive relief which permits one or more of the sub-advisers to be replaced without a vote of contract owners (the “Contract Owners”). 1 Penn Mutual provides administrative and corporate services to Penn Series pursuant to an Administrative and Corporate Services Agreement and receives a fee from Penn Series for those services. 1 Investment Company Act Release Nos. 24376 (Notice) and 24428 (Order) (April 4, 2000 and April 28, 2000, respectively) File No. 812-11896. 6. Purchase payments under the Contracts may be allocated to one or more sub-accounts of the Separate Accounts (the “Sub-Accounts”). Income, gains and losses, whether or not realized, from assets allocated to the Separate Accounts are, as provided in the Contracts, credited to or charged against the Separate Accounts without regard to other income, gains or losses of Penn Mutual or PIA, as applicable. The assets maintained in the Separate Accounts will not be charged with any liabilities arising out of any other business conducted by Penn Mutual or PIA, as applicable. Nevertheless, all obligations arising under the Contracts, including the commitment to make annuity payments or death benefit payments, are general corporate obligations of Penn Mutual or PIA. Accordingly, all of the assets of Penn Mutual and PIA are available to meet their respective obligations under the Contracts. 7. Each of the Contracts permits allocations of accumulation value to available Sub-Accounts that invest in specific investment portfolios of underlying registered investment companies (the “Mutual Funds”). The Section 26 Applicants note that after the Substitutions, all of the Mutual Funds available under the Contracts will be Funds of Penn Series. Among the currently available Mutual Funds are portfolios of Neuberger Berman Advisers Management Trust, Fidelity Investments' Variable Insurance Products Fund, Fidelity Investments' Variable Insurance Products Fund V, Van Kampen's The Universal Institutional Funds, Inc., and Penn Series. All of these companies are registered under the 1940 Act as open-end management investment companies. 8. Each of the Contracts permits transfers of accumulation value from one Sub-Account to another Sub-Account at any time subject to certain restrictions. No sales charge applies to such a transfer of accumulation value among Sub-Accounts. Pursuant to the approval of the Commission and the insurance department of the Commonwealth of Pennsylvania, each of the Contracts reserves the right, upon notice to Contract Owners, to substitute shares of another mutual fund for shares of a Mutual Fund held by a Sub-Account. 9. The Section 26 Applicants propose the Substitutions to increase the level of fund management responsiveness compared to the current structure, which includes three unaffiliated investment company complexes. Currently, the Separate Accounts invest in unaffiliated investment companies and changes due to investment performance, style drift, or management practice issues require substantial systems, filing, and printing resources, which slows the process to make changes, if necessary. Assuming Contract Owner approval, as discussed below, and because Penn Series and ICMI have “manager of managers” exemptive relief, the Section 26 Applicants assert that ICMI, as investment adviser, will be able to act more quickly and efficiently to protect Contract Owners' interests if the investment strategy, management team or performance of one or more of the sub-advisers does not meet expectations. The Replaced Funds (as defined herein) do not have such relief. In this regard, the Section 26 Applicants agree not to change the corresponding Replacement Fund's sub-adviser (with the exception of the Balanced Fund, which does not have a sub-adviser) without first obtaining Contract Owner approval at a meeting whose record date is after the Substitution is effective, of either

(a)the sub-adviser change or

(b)the ability of Penn Series and ICMI to rely on the manager-of-managers relief associated with the Replacement Fund. 10. The Replaced Funds involved in the Substitutions include five separate portfolios representing three investment company complexes. Currently there are 21 Mutual Funds offered under each Contract, and after the Substitutions, there will be 29 Mutual Funds offered under each Contract, all of which will be portfolios of Penn Series. 2 The investment objective and policies of each Replacement Fund will be the same as or substantially similar to the investment objective and policies of the corresponding Replaced Fund. Another benefit of the Substitutions is that relieving the Separate Accounts of the administrative burdens of interfacing with three unaffiliated investment company complexes is expected to simplify compliance, accounting and auditing and, generally, to allow Penn Mutual to administer the Contracts more efficiently. 2 Contemporaneous with the proposed Substitutions, 9 new Mutual Funds will be available under each Contract. 11. The Substitutions will consist of the proposed substitutions of shares of the following Removed Portfolios with shares of the corresponding Replacement Portfolios:

(1)Shares of the Fidelity Investments' Variable Insurance Products Fund Equity-Income Portfolio will be replaced with shares of the Penn Series Large Core Value Fund, which has the substantially similar investment objective of total return by investing at least 80% of its net assets in securities of large capitalization companies.

(2)Shares of the Fidelity Investments' Variable Insurance Products Fund Growth Portfolio will be replaced with shares of the Penn Series Large Core Growth Fund, which has a substantially similar investment objective of capital appreciation by investing in common and preferred stocks of large capitalization U.S. companies.

(3)Shares of the Fidelity Investments' Variable Insurance Products Fund V Asset Manager Portfolio will be replaced with shares of the Penn Series Balanced Fund, which has the substantially similar investment objective of seeking long term growth and current income by utilizing a “fund of funds” strategy.

(4)Shares of the Neuberger Berman Advisers Management Trust Balanced Portfolio will be replaced with shares of the Penn Series Balanced Fund, which has the substantially similar investment objective of seeking long term growth and current income by utilizing a “fund of funds” strategy.

(5)Shares of Van Kampen's The Universal Institutional Funds, Inc. Emerging Markets Equity Portfolio will be replaced with shares of the Penn Series Emerging Markets Equity Fund, which has the same investment objective of capital appreciation by investing primarily in equity securities of issuers in emerging market countries. 12. For each Replaced Fund and each Replacement Fund, the investment objective, principal risks, investment adviser, sub-adviser (if applicable), fee structure, expenses for the fiscal year ending December 31, 2007 and assets as of December 31, 2007 are shown in the tables that follow: Substitution 1 Replaced fund Replacement fund Fund Name Variable Insurance Products Fund Equity-Income Portfolio Penn Series Large Core Value Fund Investment Objective Seeks reasonable income. The Fund will also consider the potential for capital appreciation. The fund's goal is to achieve a yield which exceeds the composite yield on the securities comprising the Standard & Poor's 500 SM Index (S&P 500®). Normally invests at least 80% of its assets in equity securities. Normally invests primarily in income-producing equity securities, which tends to lead to investments in large cap “value” stocks. Potentially invests in other types of equity securities and debt securities, including lower-quality debt securities. Invests in domestic and foreign issuers. Uses fundamental analysis of each issuer's financial condition and industry position and market and economic conditions to select investments. Seeks total return. The Fund invests primarily in value stocks of large capitalization companies. Under normal conditions, the Fund invests at least 80% of its net assets in securities of large capitalization companies. For this Fund, large capitalization companies are those companies having market capitalizations equal to or greater than the median capitalization of companies included in the Russell 1000 Value Index. The Fund primarily invests in dividend-paying stocks. The Fund may also invest in fixed income securities, such as convertible debt securities, of any credit quality (including securities rated below investment grade), real estate investment trusts and non-income producing stocks. Principal Risks • Stock Market Volatility • Interest Rate Changes • Foreign Exposure • Issuer-Specific Changes • “Value” Investing • Stock Market Volatility • Interest Rate Changes • “Value” Investing • Foreign Exposure Significant Principal Risk Disparities None Adviser/Sub-adviser Fidelity Management & Research Company ICMI/Eaton Vance Management Total Fund Asset Level as of 12/31/07 $10,948,929,549 N/A Total Amount of Replaced Fund Assets held by all Contract Owners $194,949,289 N/A Mgmt. Fee 0.46% 0.46% Mgmt. Fee Schedule 0.46% 0.46% 12b-1 Fee N/A N/A Other Expenses 0.09% 0.27% Total Annual Operating Expenses 0.55% 0.73% Fee Reduction 0.01% 0.19% Net Total Annual Expenses 0.54% 0.54% Substitution 2 Replaced fund Replacement fund Fund Name Variable Insurance Products Fund Growth Portfolio Penn Series Large Core Growth Fund Investment Objective Seeks to achieve capital appreciation. Normally investing primarily in common stocks. Invests in companies that the Adviser believes have above-average growth potential (stocks of these companies are often called “growth” stocks). Invests in domestic and foreign issuers. Uses fundamental analysis of each issuer's financial condition and industry position and market and economic conditions to select investments. Seeks to achieve long-term capital appreciation. Invests primarily in common and preferred stocks of large capitalization U.S. companies. Under normal conditions, the Fund invests at least 80% of its net assets in securities of large capitalization companies. For this Fund, large capitalization companies are those with market capitalizations within the range of companies comprising the Russell 1000 Growth Index at the time of purchase. The Fund invests principally in equity securities of large capitalization companies that offer the potential for capital growth, with an emphasis on identifying companies that have the prospect for improving sales and earnings growth rates, enjoy a competitive advantage and have effective management with a history of making investments that are in the best interests of shareholders. Principal Risks • Stock Market Volatility • Foreign Exposure • Issuer-Specific Changes • “Growth” Investing • Stock Market Volatility • Foreign Exposure • “Growth” Investing Significant Principal Risk Disparities None Adviser/Sub-adviser Fidelity Management & Research Company ICMI/Wells Capital Management Incorporated Total Fund Asset Level as of 12/31/07 $8,032,463,930 N/A Total Amount of Replaced Fund Assets held by all Contract Owners $211,463,358 N/A Mgmt. Fee 0.56% 0.56% Mgmt. Fee Schedule 0.56% 0.56% 12b-1 Fee N/A N/A Other Expenses 0.09% 0.27% Total Annual Operating Expenses 0.65% 0.83% Fee Reduction 0.01% 0.19% Net Total Annual Expenses 0.64% 0.64% Substitution 3 Replaced fund Replacement fund Fund Name Variable Insurance Products Fund V Asset Manager Portfolio Penn Series Balanced Fund Investment Objective Seeks to obtain high total return with reduced risk over the long term by allocating its assets among stocks, bonds, and short-term instruments. Allocates the fund's assets among stocks, bonds, and short-term and money market instruments. Maintains a neutral mix over time of 50% of assets in stocks, 40% of assets in bonds, and 10% of assets in short-term and money market instruments. Adjusts allocation among asset classes gradually within the following ranges: stock class (30%-70%), bond class (20%-60%), and short-term/money market class (0%-50%). Invests in domestic and foreign issuers. Analyzes an issuer using fundamental and/or quantitative factors and evaluating each security's current price relative to estimated long-term value to select investments. Seeks long-term growth and current income using a “fund-of-funds” strategy. The Fund invests in a combination of other Penn Series Funds (each, an “underlying fund” and, together, the “underlying funds”) in accordance with its target asset allocation. These underlying funds invest their assets directly in equity, fixed income, money market and other securities in accordance with their own investment objectives and policies. The underlying funds are managed using both indexed and active management strategies. The Fund intends to invest primarily in a combination of underlying funds; however, the Fund may invest directly in equity and fixed income securities and cash equivalents, including money market securities. Under normal circumstances, the Fund will invest 50%-70% of its assets in stock and other equity underlying funds, 30%-50% of its assets in bond and other fixed income funds, and 0%-20% of its assets in money market funds. The Fund's allocation strategy is designed to provide a mix of the growth opportunities of stock investing with the income opportunities of bonds and other fixed income securities. The Fund's underlying equity fund allocation will primarily track the performance of the large capitalization company portion of the U.S. stock market. The Fund's underlying fixed income fund allocation will be invested primarily in a broad range of investment grade fixed income securities (although up to 10% of the underlying fund may be invested in non-investment grade securities), and is intended to provide results consistent with the broad U.S. fixed income market. Principal Risks • Stock Market Volatility • Interest Rate Changes • Foreign Exposure • Prepayment • Stock Market Volatility • Asset Allocation • Interest Rate Changes • Underlying Funds Significant Principal Risk Disparities Penn Series Balanced Fund utilizes a fund-of-funds investment strategy. Accordingly, the Fund is subject to the risks of the underlying funds (Penn Series Index 500 Fund, Penn Series Quality Bond Fund and Penn Series Money Market Fund). These risks include those associated with both equity and fixed income investing (e.g. stock market volatility and interest rate changes) that are similar to those of the Replaced Fund. The Fund is also subject to asset allocation risk, which is the risk that the selection of underlying funds and the amount of assets allocated to the selected underlying funds will cause the Fund to underperform other funds with a similar investment objective. Adviser Fidelity Management & Research Company ICMI Total Fund Asset Level as of 12/31/07 $1,911,400,918 N/A Total Amount of Replaced Fund Assets held by all Contract Owners $31,940,165 N/A Mgmt. Fee 0.51% 0.00% Mgmt. Fee Schedule 0.51% 0.00% 12b-1 Fee N/A N/A Acquired Fund Fees and Expenses N/A 0.45% Other Expenses 0.12% 0.22% Total Annual Operating Expenses 0.63% 0.67% Fee Reduction 0.00% 0.05% Net Total Annual Expenses 0.63% 0.62% Substitution 4 Replaced fund Replacement fund Fund Name Neuberger Berman Advisers Management Trust Balanced Portfolio Penn Series Balanced Fund Investment Objective The Fund seeks growth of capital and reasonable current income without undue risk to principal. To pursue these goals, the Fund allocates its assets between stocks—primarily those of mid-capitalization companies, which it defines as those with a total market capitalization within the market capitalization range of the Russell Midcap Index—and in investment grade bonds and other debt securities from U.S. government and corporate issuers. The Portfolio Managers normally allocates anywhere from 50% to 70% of its net assets to stock investments, with the balance allocated to debt securities (at least 25%) and operating cash. Seeks long-term growth and current income by using a “fund-of-funds” strategy. The Fund invests in a combination of other Penn Series Funds (each, an “underlying fund” and, together, the “underlying funds”) in accordance with its target asset allocation. These underlying funds invest their assets directly in equity, fixed income, money market and other securities in accordance with their own investment objectives and policies. The underlying funds are managed using both indexed and active management strategies. The Fund intends to invest primarily in a combination of underlying funds; however, the Fund may invest directly in equity and fixed income securities and cash equivalents, including money market securities. Under normal circumstances, the Fund will invest 50%-70% of its assets in stock and other equity underlying funds, 30%-50% of its assets in bond and other fixed income funds, and 0%-20% of its assets in money market funds. The Fund's allocation strategy is designed to provide a mix of the growth opportunities of stock investing with the income opportunities of bonds and other fixed income securities. The Fund's underlying equity fund allocation will primarily track the performance of the large capitalization company portion of the U.S. stock market. The Fund's underlying fixed income fund allocation will be invested primarily in a broad range of investment grade fixed income securities (although up to 10% of the underlying fund may be invested in non-investment grade securities), and is intended to provide results consistent with the broad U.S. fixed income market. Principal Risks • Stock and Bond Market Volatility • Interest Rate Changes • Mid-Capitalization Company Risk • Stock Market Volatility • Asset Allocation • Interest Rate Changes • Underlying Funds Significant Principal Risk Disparities Penn Series Balanced Fund utilizes a fund-of-funds investment strategy. Accordingly, the Fund is subject to the risks of the underlying funds (Penn Series Index 500 Fund, Penn Series Quality Bond Fund and Penn Series Money Market Fund). These risks include those associated with both equity and fixed income investing (e.g., stock market volatility and interest rate changes) that are similar to those of the Replaced Fund. The Fund is also subject to asset allocation risk, which is the risk that the selection of underlying funds and the amount of assets allocated to the selected underlying funds will cause the Fund to underperform other funds with a similar investment objective. Adviser/Subadviser Neuberger Berman Management Inc./Neuberger Berman, LLC ICMI Total Fund Asset Level as of 12/31/07 $78,363,158 N/A Total Amount of Replaced Fund Assets Held by all Contract Owners $49,790,470 N/A Mgmt. Fee 0.85% (includes both investment advisory and administrative services) 0.00% Mgmt. Fee Schedule First $250 million 0.55% From $250 million to $500 million 0.525% From $500 to $750 million 0.50% From $750 million to $1 billion 0.475% From $1 billion to $1.5 billion 0.45% From $1.5 billion to $4 billion 0.425% More than $4 billion 0.40% 0.00% 12b-1 Fee N/A N/A Acquired Fund Fees and Expenses N/A 0.45% Other Expenses 0.32% 0.22% Total Annual Operating Expenses 1.17% 0.67% Fee Reduction — 0.05% Net Total Annual Expenses 1.17% 0.62% Substitution 5 Replaced fund Replacement fund Fund Name The Universal Institutional Funds, Inc. Emerging Markets Equity Portfolio Penn Series Emerging Markets Equity Fund Investment Objective Seeks long-term capital appreciation by investing primarily in growth-oriented equity securities of issuers in emerging market countries. Seeks to maximize returns by investing in growth-oriented equity securities in emerging markets. Combines top-down country allocation with bottom-up stock selection. Investment selection criteria include attractive growth characteristics, reasonable valuations and company managements with strong shareholder value orientation. Invests at least 80% of the Portfolio's assets in equity securities located in emerging market countries. Seeks to achieve capital appreciation. Under normal circumstances, at least 80% of the Fund's assets will be invested in equity securities located in emerging market countries. For this Fund, an issuer is considered to be located in an emerging market country if, at the time of investment:

(i)Its principal securities trading market is in an emerging market country,

(ii)alone or on a consolidated basis it derives 50% or more of its annual revenue from goods produced, sales made or services performed in emerging market countries, or

(iii)it is organized under the laws of, or has a principal office in, an emerging market country. The Fund invests primarily in equity securities, including common and preferred stocks, convertible securities, rights and warrants to purchase common stock, and depositary receipts. Principal Risks • Stock Market Volatility • Foreign Exposure • Emerging Markets • Stock Market Volatility • Foreign Exposure • Emerging Markets • Small Cap • Currency Significant Principal Risk Disparities Small cap companies may be more vulnerable to adverse business or economic events than larger, more established companies. Investing in currency involves the risk that currencies will decline in value relative to the U.S. dollar, or in the case of hedging positions, that the U.S. dollar will decline in value relative to the currency hedged. Adviser/Subadviser Morgan Stanley Investment Management Inc./Morgan Stanley Investment Management Company ICMI/Van Kampen Asset Management Total Fund Asset Level as of 12/31/07 $1,673,500,000 N/A Total Amount of Replaced Fund Assets Held by all Contract Owners $135,575,219 N/A Mgmt. Fee 1.21% 1.18% Mgmt. Fee Schedule First $500 million 1.25% From $500 million to $1 billion 1.20% From $1 billion to $2.5 billion 1.15% More than $2.5 billion 1.00% 1.18% 12b-1 Fee N/A N/A Other Expenses 0.37% 0.40% Acquired Fund Fees and Expenses 0.02% 0.02% Total Annual Operating Expenses 1.60% 1.60% Fee Reduction 0.00% 0.00% Net Total Annual Expenses 1.60% 1.60% 13. The Section 26 Applicants represent that the Substitutions will take place at the Replaced Funds' relative net asset values determined on the date of the Substitutions in accordance with Section 22 of the 1940 Act and Rule 22c-1 thereunder with no change in the total value of amounts held under a Contract for a Contract Owner in all Sub-Accounts of the Separate Account (the “Account Value”) or death benefit or in the dollar value of his or her investment in any of the Sub-Accounts. Accordingly, there will be no financial impact on any Contract Owner. The Substitutions will generally be effected by having each of the Sub-Accounts that invests in the Replaced Funds redeem its shares at the net asset value calculated on the date of the Substitutions and purchase shares of the respective Replacement Funds at the net asset value calculated on the same date. 14. Alternatively, a Replaced Fund may redeem the interest “in-kind,” for example, if it determines that a cash redemption might adversely affect its shareholders. In that case, the Substitutions will be effected by the Sub-Account contributing all the securities it receives from the Replaced Fund for an amount of Replacement Fund shares equal to the fair market value of the securities contributed. All in-kind redemptions from a Replaced Fund of which any of the Section 26 Applicants is an affiliated person will be effected in accordance with the conditions set forth in the Commission's no-action letter issued to *Signature Financial Group, Inc.* (available December 28, 1999). In-kind purchases of shares of a Replacement Fund will be conducted as described in Section VI of the application. 15. The Section 26 Applicants state that the Substitutions will be described in a supplement to the prospectuses for the Contracts (“Supplements”) filed with the Commission and mailed to Contract Owners. The Supplements will provide Contract Owners with notice of the Substitutions and describe the reasons for engaging in the Substitutions. The Supplements will also inform Contract Owners with assets allocated to a Sub-Account investing in the Replaced Funds that no additional amount may be invested in the Replaced Funds on or after the date of the Substitutions. In addition, the Supplements will inform affected Contract Owners that they will have the opportunity to reallocate Account Value once (as described below): • Prior to the Substitutions, from each Sub-Account investing in a Replaced Fund, and • for 30 days after the Substitutions, from each Sub-Account investing in a Replacement Fund to Sub-Accounts investing in other Mutual Funds available under the respective Contracts, without diminishing the number of free transfers that may be made in a given contract year and without the imposition of any transfer charge or limitations, other than any applicable limitations in place to deter potentially harmful excessive trading or limitations on the number of transfers to or from the fixed accounts available with the variable annuity contracts. To the extent a Contract Owner has Account Value allocated to more than one Sub-Account investing in a Replaced Fund, the Contract Owner will be permitted one reallocation from each Sub-Account. If a Contract Owner reallocates on the same day from all affected Sub-Accounts to which the Contract Owner has Account Value allocated, they will have exhausted the number of permitted reallocations. 16. Within five days after a Substitution, Penn Mutual and PIA will send their affected Contract Owners written confirmation that a Substitution has occurred. The prospectuses for the Contracts, as revised by the Supplements, will reflect the Substitutions. Each Contract Owner will be provided with a prospectus for the Replacement Funds before the Substitutions. 17. Penn Mutual and PIA assert that they will pay all expenses and transaction costs of the Substitutions, including all legal, accounting and brokerage expenses relating to the Substitutions. No costs will be borne by Contract Owners. Affected Contract Owners will not incur any fees or charges as a result of the Substitutions, nor will their rights or the obligations of the Section 26 Applicants under the Contracts be altered in any way. The Substitutions will not cause the fees and charges under the Contracts currently being paid by Contract Owners to be greater after the Substitutions than before the Substitutions. The Substitutions will have no adverse tax consequences on Contract Owners and will in no way alter the tax benefits to Contract Owners. Further, the Substitutions will in no way alter any of the life insurance or annuity benefits available to Contract Owners under the Contracts. 18. The Section 26 Applicants believe that their request satisfies the standards for relief pursuant to Section 26(c) of the 1940 Act, as set forth below, because the affected Contract Owners will have:

(1)Account Value allocated to a Sub-Account invested in a Replacement Fund with an investment objective and policies that are the same or substantially similar to the investment objective and policies of the Replaced Fund; and

(2)Replacement Funds whose current total annual expenses are equal to or lower than those of the Replaced Funds for their 2007 fiscal year. In addition, the Section 26 Applicants represent that with respect to Contract Owners on the date of the proposed Substitutions, Penn Mutual and PIA, as applicable, will reimburse, on the last business day of each fiscal quarter during the two years following the date of the proposed Substitutions, the Sub-Accounts investing in the applicable Replacement Fund such that the sum of the Replacements Fund's net operating expense ratio (taking into account any expense waivers or reimbursements) and Sub-Account expense ratio (asset-based fees and charges deducted on a daily basis from Sub-Account assets and reflected in the calculation of Sub-Account unit value) for such period will not exceed, on an annualized basis, the sum of the corresponding Replaced Fund's net operating expense ratio (taking into account any expense waivers or reimbursements) and Sub-Account expense ratio for fiscal year 2007. Applicants' Legal Analysis 15. Section 26(c) of the 1940 Act makes it unlawful for any depositor or trustee of a registered unit investment trust holding the security of a single issuer to substitute another security for such security unless the Commission approves the substitution. The Commission will approve such a substitution if the evidence establishes that it is consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the 1940 Act. 2. The Section 26 Applicants assert that the purposes, terms and conditions of the Substitutions are consistent with the principles and purposes of Section 26(c) and do not entail any of the abuses that Section 26(c) is designed to prevent. The Section 26 Applicants have reserved the right to make such a substitution under the Contracts and this reserved right is disclosed in each Contract's prospectus. 3. The Section 26 Applicants argue that substitutions have been common where the substituted fund has investment objectives and policies that are similar to those of the eliminated fund, and current expenses that are similar to or lower than those of the eliminated fund. The Section 26 Applicants note that in all cases, the investment objectives and policies of the Replacement Funds are sufficiently similar to those of the corresponding Replaced Funds that affected Contract Owners will have reasonable continuity in investment expectations. Accordingly, the Section 26 Applicants conclude that the Replacement Funds are appropriate investment vehicles for those affected Contract Owners who have Account Value allocated to the Replaced Funds. 4. The Section 26 Applicants argue that because of the foregoing representations and conditions, the Substitutions will not result in the type of costly forced redemption that Section 26(c) was intended to guard against and are consistent with the protection of investors and the purposes fairly intended by the 1940 Act. 5. Section 17(a)(1) of the 1940 Act, in relevant part, prohibits any affiliated person of a registered investment company, or any affiliated person of such person, acting as principal, from knowingly selling any security or other property to that company. Section 17(a)(2) of the 1940 Act generally prohibits the persons described above, acting as principal, from knowingly purchasing any security or other property from the registered company. 6. Section 17(b) of the 1940 Act provides that the Commission may, upon application, grant an order exempting any transaction from the prohibitions of Section 17(a) if the evidence establishes that:

(1)The terms of the proposed transaction, including the consideration to be paid or received, are reasonable and fair and do not involve overreaching on the part of any person concerned;

(2)the proposed transaction is consistent with the policy of each registered investment company concerned, as recited in its registration statement and records filed under the 1940 Act; and

(3)the proposed transaction is consistent with the general purposes of the 1940 Act. 7. Accordingly, the Section 17 Applicants are seeking relief, to the extent necessary, from Section 17(a) for the in-kind purchases and sales of Replacement Fund Shares. 8. The Section 17 Applicants submit that the terms of the proposed in-kind purchases of shares of the Replacement Funds by the Separate Accounts, including the consideration to be paid and received, as described in this Application, are reasonable and fair and do not involve overreaching on the part of any person concerned. The Section 17 Applicants also submit that the proposed in-kind purchases by the Separate Accounts are consistent with the policies of Penn Mutual and PIA and the individual Replacement Funds. Finally, the Section 17 Applicants submit that the proposed Substitutions are consistent with the general purposes of the 1940 Act. 9. To the extent that the Separate Accounts' in-kind purchases of Replacement Fund shares are deemed to involve principal transactions between entities which are affiliates of affiliates, the Section 17 Applicants maintain that the terms of the proposed in-kind purchase transactions, including the consideration to be paid and received by each Replacement Fund involved, are reasonable, fair and do not involve overreaching. In addition, although not applicable, the Section 17 Applicants represent that the in-kind transactions will conform with all of the conditions enumerated in Rule 17a-7, except that the consideration paid for the securities being purchased or sold may not be entirely cash. 10. The proposed transactions will take place at relative net asset value in conformity with the requirements of Section 22(c) of the 1940 Act and Rule 22c-1 thereunder with no change in the amount of any Contract Owner's Account Value or death benefit or in the dollar value of his or her investment in any Sub-Account. Contract Owners will not suffer any adverse tax consequences as a result of the Substitutions. The fees and charges under the Contracts will not increase because of the Substitutions. 11. Even though they may not rely on Rule 17a-7, the Section 17 Applicants believe that the Rule's conditions outline the type of safeguards that result in transactions that are fair and reasonable to registered investment company participants and preclude overreaching. Nevertheless, the circumstances surrounding the proposed Substitutions will be such as to offer the same degree of protection to each Replacement Fund from overreaching that Rule 17a-7 provides to them generally in connection with their purchase and sale of securities under that Rule in the ordinary course of their business. In particular, Penn Mutual and PIA (or any of their affiliates) cannot effect the proposed transactions at a price that is disadvantageous to any of the Replacement Funds. Moreover, although the transactions may not be entirely for cash, the Section 17 Applicants assert that each will be effected based upon

(1)the independent market price of the portfolio securities valued as specified in paragraph

(b)of Rule 17a-7, and

(2)the net asset value per share of each Replacement Fund involved valued in accordance with the procedures disclosed in its registration statement and as required by Rule 22c-1 under the 1940 Act. No brokerage commission, fee, or other remuneration will be paid to any party in connection with the proposed transactions. 12. The Section 17 Applicants also argue that the sale of shares of Replacement Funds for investment securities, as contemplated by the proposed in-kind transactions, is consistent with the investment policy and restrictions of the Replacement Funds because

(1)the shares are sold at their net asset value, and

(2)the portfolio securities are of the type and quality that the Replacement Funds would each have acquired with the proceeds from share sales had the shares been sold for cash. To assure that the second of these conditions is met, the adviser or sub-adviser, as applicable of a Replacement Fund will undertake to examine the portfolio securities being offered to each Replacement Fund and accept only those securities as consideration for shares that it would have acquired for each such fund in a cash transaction. 13. The Section 17 Applicants also assert that the proposed in-kind transactions are consistent with the general purposes of the 1940 Act as stated in the Findings and Declaration of Policy in Section 1 of the 1940 Act and do not present any of the conditions or abuses that the 1940 Act was designed to prevent. Conclusion: For the reasons set forth in the application, the Applicants each respectfully request that the Commission issue an order of approval pursuant to Section 26(c) of the 1940 Act and an order of exemption pursuant to Section 17(b) of the 1940 Act. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Acting Secretary. [FR Doc. E8-15514 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on July 10, 2008 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(5), (7), (9)(B), and

(10)and 17 CFR 200.402(a)(5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Atkins, as duty officer, voted to consider the items listed for the Closed Meeting in closed session. The subject matter of the Closed Meeting scheduled for July 10, 2008 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Amicus consideration; and Other matters related to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at

(202)551-5400. Dated: July 2, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8-15480 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release Nos. 33-8941; 34-58097; File No. 4-560] Roundtable on Fair Value Accounting Standards AGENCY: Securities and Exchange Commission. ACTION: Notice of roundtable discussion; request for comment. SUMMARY: On July 9, 2008, the Securities and Exchange Commission will hold a roundtable to facilitate an open discussion of the benefits and potential challenges associated with existing fair value accounting and auditing standards. The roundtable will be organized as two panels: The first panel to discuss fair value accounting issues from the perspective of larger financial institutions and the needs of their investors; and the second panel to discuss the issues from the perspective of all public companies, including small public companies, and the needs of their investors. The panels will include investors, preparers, auditors, regulators and other interested parties. Additionally, representatives from the Financial Accounting Standards Board, International Accounting Standards Board and Public Company Accounting Oversight Board will be present as observers. The roundtable will be held in the auditorium at the SEC's headquarters at 100 F Street, NE., Washington, DC. The roundtable will be open to the public with seating on a first-come, first-served basis. The roundtable discussions also will be available via webcast on the SEC's Web site at *http://www.sec.gov* . The roundtable agenda and other materials related to the roundtable, including a list of participants and moderators, will be accessible at *http://www.sec.gov/spotlight/fairvalue.htm* . The Commission welcomes feedback regarding any of the topics to be addressed at the roundtable. DATES: Comments should be received on or before July 23, 2008. ADDRESSES: Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet submission form ( *http://www.sec.gov/rules/other.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number 4-560 on the subject line. Paper Comments • Send paper comments in triplicate to Florence Harmon, Acting Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. 4-560. This file number should be included on the subject line if e-mail is used. To help us process and review your comments more efficiently, please use only one method. The Commission staff will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/comments/4-560/4-560.shtml* ). Comments also will be available for public inspection and copying in the Commission's Public Reference Room, 100 F Street, NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: James L. Kroeker, Deputy Chief Accountant, or Rachel Mincin, Associate Chief Accountant, at

(202)551-5300, Office of the Chief Accountant, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-6561. SUPPLEMENTARY INFORMATION: The Commission welcomes feedback regarding any of the topics to be addressed at the roundtable. The panel discussions will focus on: • The usefulness of fair value accounting to investors • Potential market behavior effects from fair value accounting • Practical experience and potential challenges in applying fair value accounting standards • Aspects of the current standards, if any, that can be improved • Experience with auditors providing assurance regarding fair value accounting. By the Commission. Dated: July 3, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8-15570 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58060; File No. SR-Amex-2008-49] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Section 107 of the Company Guide June 30, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 13, 2008, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared substantially by Amex. Amex filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to make certain non-substantive housekeeping changes to various subsections of Section 107 of the Amex Company Guide (the “Company Guide”). The text of the proposed rule change is available at Amex, the Commission's Public Reference Room, and *http://www.amex.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Amex included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. Amex has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to make certain non-substantive changes to the rule text of Section 107 of the Company Guide. The Exchange in this proposal seeks to reduce the duplications in subsections of Sections 107D through 107I by consolidating provisions that apply to all securities listed under Section 107 of the Company Guide (the “Section 107 Securities”). Over the past several years, the Exchange has adopted a variety of “generic” listing standards applicable to Index-Linked Securities, Commodity-Linked Securities, Currency-Linked Securities, Fixed Income-Linked Securities, Futures-Linked Securities and Combination-Linked Securities. Sections 107D, 107E, 107F, 107G, 107H and 107I of the Company Guide detail the listing requirements for Index-Linked Securities, Commodity-Linked Securities, Currency-Linked Securities, Fixed Income-Linked Securities, Futures-Linked Securities and Combination-Linked Securities, respectively. In each of these Sections, the subparagraphs

(a)through (f), and

(i)through

(k)provide for substantively identical requirements. As a result, the Exchange proposes to delete these subparagraphs and consolidate these “general requirements” into proposed new Commentaries .01 and .02 to Section 107 of the Company Guide. Proposed paragraphs

(a)through

(f)of proposed Commentary .01 would consolidate substantively the same information contained in subparagraphs

(a)through

(f)of Sections 107D through I. The criteria set forth in proposed Commentary .01 to Section 107 of the Company Guide would be applicable to Section 107 Securities as follows: • Both the issue and the issuer of the security must meet the “General Criteria” in Section 107A. • The issue have a minimum term of one

(1)year but not greater than thirty

(30)years. • The issue must be non-convertible debt of the issuer. • Payment at maturity may or may not provide for a multiple of the direct or inverse performance of the underlying reference asset; however, in no event will a loss or negative payment at maturity be accelerated by a multiple that exceeds twice the performance of the underlying reference asset. • The issuer will be expected to have a minimum tangible net worth in excess of $250,000,000, and to otherwise substantially exceed the earnings requirements set forth in Section 101(a) of the Company Guide. In the alternative, the issuer will be expected:

(i)To have a minimum tangible net worth of $150,000,000 and to otherwise substantially exceed the earnings requirement set forth in Section 101(a) of the Company Guide, and

(ii)not to have issued securities where the original issue price of all the issuer's other index-linked note offerings (combined with index-linked note offerings of the issuer's affiliates) listed on a national securities exchange exceeds 25% of the issuer's net worth. • The issuer must be in compliance with Rule 10A-3 under the Act. Proposed Commentary .02 relating to trading halts, firewalls, surveillance procedures and proposed paragraphs

(b)through

(d)of proposed Commentary .02 would consolidate paragraphs

(i)through

(k)of Sections 107D through I. Proposed paragraph

(a)of Commentary .02 is substantively identical to the trading halt provisions found in Section 107D(h)(4) and subparagraphs (h)(3) of Sections 107E through I of the Company Guide. The proposed trading halt provision would apply to all the Section 107 Securities and would allow the Exchange to halt trading if the value of the underlying reference asset or indicative value is not being disseminated. 5 The criteria set forth in proposed Commentary .02 to Section 107 of the Company Guide would be applicable to Section 107 Securities as follows: 5 Currently, Section 107D permits the Exchange to halt trading if the value of the underlying index is not being disseminated, and does not permit a trading halt if the indicative value is not being disseminated. • Trading Halts. If the value of the underlying reference asset or indicative value is not being disseminated as required, the Exchange may halt trading during the day on which such interruption first occurs. If such interruption persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. • Firewalls. If the value of a security is based in whole or in part on an index or portfolio maintained by a broker-dealer, the broker-dealer shall erect a “firewall” around the personnel responsible for the maintenance of such index or portfolio who have access to information concerning changes and adjustments to the index or portfolio, and the index or portfolio shall be calculated by a third party who is not a broker-dealer. Any advisory committee, supervisory board or similar entity that advises an index license provider or that makes decisions regarding the index or portfolio composition, methodology and related matters must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the applicable index or portfolio. • Surveillance Procedures. The Exchange will implement written surveillance procedures for the listing and trading of securities, including adequate comprehensive surveillance sharing agreements, as applicable. • Securities listed pursuant to Sections 107D through I of the Company Guide will be treated as equity instruments subject to the Exchange's equity trading rules, except that

(i)such securities listed and traded as bond or debt securities will be subject to the rules applicable to bond or debt securities and

(ii)securities redeemable at the option of the holders thereof on at least a weekly basis will be subject to the trading rules applicable to exchange-traded funds. The Exchange represents that as set forth above, the substantive requirements in proposed Commentaries .01 and .02 to Section 107 of the Company Guide are substantively identical to the corresponding paragraphs of Sections 107D through I of the Company Guide. The listing requirements for each of the Section 107 Securities would now refer to Commentary .01 rather than individually setting forth the “General Criteria” for each issue and issuer. Commentary .02 specifically provides that it applies to the listing and trading of the Section 107 Securities with respect to trading halts, firewalls, surveillance procedures and the characterization of the Section 107 Securities. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations under the Act applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act. 6 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) Act 7 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and, in general, to protect investors and the public interest. The Exchange believes that the proposal will provide better clarity and streamline its Section 107 listing requirements. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 8 and Rule 19b-4(f)(6) thereunder. 9 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b-4(f)(6). A proposed rule change filed under Commission Rule 19b-4(f)(6) may not become operative prior to 30 days after the date of filing. However, Rule 19b-4(f)(6)(iii) 10 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay set forth in Rule 19b-4(f)(6)(iii) under the Act. 11 The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because the proposed rule change would allow the proposed non-substantive revisions to streamline and clarify Section 107 of the Company Guide to be effective immediately. For this reason, the Commission designates the proposal to be operative upon filing with the Commission. 12 10 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires that a self-regulatory organization submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Commission notes that Amex has satisfied this requirement. 11 CFR 240.19b-4(f)(6)(iii). 12 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Amex-2008-49 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2008-49. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of Amex. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Amex-2008-49 and should be submitted on or before July 30, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-15484 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58067; File No. SR-Amex-2008-54] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of Proposed Rule Change Relating to Closed-End Fund of Hedge Fund Listing Requirements June 30, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 27, 2008, the American Stock Exchange LLC (“Amex” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to adopt “generic” listing standards for closed-end management investment companies (“Closed-End Funds”) of hedge funds (“Hedge Funds”). The text of the proposed rule change is below. [Bracketing] indicates text to be deleted and *italics* indicate text to be added. Section 101 of the Company Guide

(a)through

(e)No Change

(f)Closed-End Management Investment Companies—( *1* )The Exchange will generally authorize the listing of a closed-end management investment company registered under the Investment Company Act of 1940 (a “Closed-End Fund”) that meets the following criteria: ( *i* )[(1)] Size—market value of publicly held shares or net assets of at least $20,000,000; or ( *ii* )[(2)] A Closed-End Fund which is part of a group of Closed-End Funds which are or will be listed on the Exchange, and which are managed by a common investment adviser or investment advisers who are “affiliated persons” as defined in Section 2(a)(3) of the Investment Company Act of 1940 as amended (the “Group”), is subject to the following criteria: ( *A* )[i.] The Group has a total market value of publicly held shares or net assets of at least $75,000,000; ( *B* )[ii.] The Closed-End Funds in the Group have an average market value of publicly held shares or net assets of at least $15,000,000; and ( *C* )[iii.] Each Closed-End Fund in the Group has a market value of publicly held shares or net assets of at least $10,000,000. ( *iii* )[(3)] Distribution—See Section 102(a). *(2) Closed-End Fund of “Hedge” Funds. A Closed-End Fund of Hedge Funds for purposes of this provision means a Closed-End Fund that invests in one or more “Hedge Funds” as defined in subparagraph

(3)below and may include other securities and/or assets. In addition to the requirements set forth above in subparagraph

(1)to Section 101(f) of the Company Guide, a Closed-End Fund of Hedge Funds is required to meet the following requirements:* *(i) Net Asset Value. In order for a Closed-End Fund of Hedge Funds to be listed by the Exchange, the Closed-End Fund is required to provide for the calculation and prompt public dissemination of its net asset value (“NAV”) on at least a weekly basis.* *(ii) Underlying Hedge Funds. A Closed-End Fund of Hedge Funds is permitted to invest only in underlying Hedge Funds that provide for weekly, valuation reports prepared by an unaffiliated, independent third party. The underlying Hedge Fund and the Closed-End Fund or the registered investment adviser on behalf of the Closed-End Fund must enter into a contractual relationship whereby the underlying Hedge Fund agrees to provide the weekly valuation reports to the Closed-End Fund.* *(iii) Information Dissemination. A Closed-End Fund must contractually agree to publicly disseminate any material information that an underlying Hedge Fund makes available to its investors. Such material information shall be publicly disseminated at the same time such information is provided to the underlying Hedge Fund's investors.* *(3) Definition of Hedge Fund. A “Hedge” Fund for purposes of this Section 101(f) of the Company Guide means a trust, corporation or similar entity that would be an investment company under section 3(a) of the Investment Company Act of 1940 (the “1940 Act”) but for the exception provided from that definition by either sections 3(c)(1) or 3(c)(7) of the 1940 Act.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposal is to adopt specific listing criteria for Closed-End Funds 3 that substantially invest their assets in underlying “Hedge Funds.” A “Hedge Fund” for purposes of this proposal is defined in proposed Section 101(f)(3) of the Amex Company Guide (the “Company Guide”) as a trust, corporation or similar entity that would be an investment company under section 3(a) of the Investment Company Act of 1940 (the “1940 Act”) but for the exception provided from that definition by either sections 3(c)(1) or 3(c)(7) of the 1940 Act. 3 Section 5(a) of the Investment Company Act of 1940 defines a “closed-end” company as any management company other than an open-end company. An “open-end company” means a management company which is offering for sale or has outstanding any redeemable security of which it is the issuer. Closed-end funds generally issue a limited number of shares and are under no obligation to redeem the shares outstanding as is the case of an open-end fund. Shares of closed-end funds typically are listed and traded on a stock exchange. Accordingly, similar to stock of other publicly traded companies, share prices of closed-end funds are determined by the pressures of supply and demand rather than by the value of the underlying assets. Section 3(c)(1) of the 1940 Act exempts from the definition of an investment company any issuer whose outstanding securities are beneficially owned by not more than 100 persons and which is not making and does not presently propose to make a public offering of its securities. Section 3(c)(7) of the 1940 Act generally exempts any issuer, the outstanding securities of which are owned exclusively by persons who, at the time of acquisition of such securities, are qualified purchasers, and which is not making and does not at that time propose to make a public offering of such securities. Section 3(c)(7) also provides an exception to issuers if in addition to qualified purchasers, outstanding securities of that issuer are beneficially owned by not more than 100 persons who are not qualified purchasers. 4 4 Section 2(a)(51) of the 1940 Act defines a “qualified purchaser” to mean

(i)any natural person who owns not less than $5 million in investments;

(ii)any company that owns not less than $5 million in investments and that is owned directly or indirectly by or for 2 or more natural persons who are related as siblings or spouse (including former spouses), or direct lineal descendants by birth or adoption, spouses of such persons, the estates of such persons, or foundations, charitable organizations, or trusts established by or for the benefit of such persons;

(iii)any trust that is not covered by clause

(ii)and that was not formed for the specific purpose of acquiring the securities offered, as to which the trustee or other person authorized to make decisions with respect to the trust, and each settlor or other person who has contributed assets to the trust, is a person described in clause (i), (ii), or (iv); or

(iv)any person, acting for its own account or the accounts of other qualified purchasers, who in the aggregate owns and invests on a discretionary basis, not less than $25 million in investments. General Criteria for Closed-End Funds Closed-End Fund securities that are listed on the Exchange are required to meet the requirements set forth in Section 101(f) of the Company Guide. The requirements are intended to insure that each security of a Closed-End Fund listed on the Exchange has sufficient market value and public distribution. In this manner, the Exchange believes that Closed-End Fund securities meeting these initial listing requirements are by definition suitable for auction trading. Section 101(f) of the Company Guide provides the following criteria for the initial listing of a Closed-End Fund security: • A market value of publicly held shares or net assets of at least $20,000,000; or • A Closed-End Fund which is part of a group of Closed-End Funds which are or will be listed on the Exchange, and which are managed by a common investment adviser or investment advisers who are “affiliated persons” as defined in Section 2(a)(3) of the 1940 Act (the “Group”), and subject to the following criteria: • The Group has a total market value of publicly held shares or net assets of at least $75,000,000; • The Closed-End Funds in the Group have an average market value of publicly held shares or net assets of at least $15,000,000; and • Each Closed-End Fund in the Group has a market value of publicly held shares or net assets of at least $10,000,000. and • Minimum public distribution of 500,000 shares, together with a minimum of 800 public shareholders or a minimum public distribution of 1,000,000 shares together with a minimum of 400 public shareholders. The Exchange may alternatively consider the listing of a Closed-End Fund's securities if the Closed-End Fund has a minimum of 500,000 shares publicly held, a minimum of 400 public shareholders and daily trading volume in the issue has been approximately 2,000 shares or more for the six months preceding the date of application. In evaluating the suitability of an issue for listing under this trading provision, the Exchange undertakes a review of the nature and frequency of such trading activity and such other factors as it may determine to be relevant in ascertaining whether such issue is suitable for auction market trading. A security which trades infrequently will not be considered for listing even though average daily volume amounts to 2,000 shares per day or more. Under the Exchange's proposal, a Closed-End Fund of Hedge Funds would be required to meet the current initial listing standards for the securities of Closed-End Funds as set forth in Section 101(f)(1) through

(3)of the Company Guide. In addition, the proposal would also add additional listing requirements for the securities of a Closed-End Fund of Hedge Funds to meet in order to be listed on the Exchange as set forth in the Section below. The Proposal The proposal seeks to revise Section 101(f) of the Company Guide to provide that in addition to the general listing requirements for securities of Closed-End Funds detailed above, a Closed-End Fund of Hedge Funds is required to meet the following requirements: • The Closed-End Fund will be required to provide for the calculation and public dissemination of its net asset value (“NAV”) on at least a weekly basis. • A Closed-End Fund of Hedge Funds will be permitted to invest only in underlying Hedge Funds that provide for weekly, valuation reports prepared by an unaffiliated, independent third party. • Each underlying Hedge Fund and the Closed-End Fund or the registered investment adviser on behalf of the Closed-End Fund will also be required to enter into a contractual relationship whereby the underlying Hedge Fund agrees to provide the weekly valuation reports to the Closed-End Fund. • A Closed-End Fund of Hedge Funds will be required to contractually agree to publicly disseminate any material information that an underlying Hedge Fund makes available to its investors. Such material information is required to be publicly disseminated at the same time such information is provided to the underlying Hedge Fund's investors. In connection with these proposed requirements, the Exchange would require representations from each Closed-End Fund of Hedge Funds consisting of

(i)an obligation by the Closed-End Fund of Hedge Funds to provide for the calculation and public dissemination of its NAV on at least a weekly basis,

(ii)a requirement that the Closed-End Fund of Hedge Funds will invest only in underlying Hedge Funds that provide weekly, independent valuation reports prepared by unaffiliated third parties, and

(iii)a commitment that the Closed-End Fund of Hedge Funds has entered into a contractual relationship with the underlying Hedge Fund whereby the Hedge Fund agrees to provide weekly valuation reports to the Closed-End Fund. In addition, the Closed-End Fund of Hedge Funds will also be required to provide a representation to the Exchange that any material information that an underlying Hedge Fund makes available to its investors will also be publicly available via a publicly available website at the same time such information is provided to the Hedge Fund's investors. The Exchange believes that the additional listing standards for Closed-End Fund of Hedge Funds will provide alternatives to listing markets overseas as well as the traditional over-the-counter (“OTC”) markets. For example, the London Stock Exchange recently announced a $500 million public offering of the BlackRock Absolute Return Strategies Ltd which will provide investors access to BlackRock's Appreciation Strategy of investing in pools of hedge funds. 5 The Exchange notes that Goldman Sachs recently announced the introduction of a new index mutual fund that is expected to track the average return of the hedge fund universe. 6 5 *See* MarketWatch, “BlackRock Launches IPO for London-listed fund,” dated March 29, 2008. 6 *See* Ignites.com, “Goldman Unveils '40 Act Hedge Fund for the Masses,” dated June 12, 2008. The Goldman Sachs Absolute Return Tracker Fund tracks the Goldman Sachs ART Index, a benchmark created in January 2007 to replicate the average return of approximately 4,000 hedge funds in the Lipper TASS hedge fund database. *See also* Securities Act File No. 33-17619 and Investment Company Act File No. 811-05349. The Exchange submits that the instant proposal would permit the listing of the CINTRA Select Fund 7 once the Fund's registration statement is declared effective. The CINTRA Select Fund is a Closed-End Fund of Hedge Funds that seeks capital appreciation through underlying Hedge Funds that employ a variety of absolute return investment strategies. 7 *See* CINTRA Select Fund, Inc. Form N-2 (Securities Act File No. 333-96821 and Investment Company Act File No. 811-21165). The Exchange believes that the adoption of the proposed Closed-End Fund of Hedge Funds listing standards will attract additional interest in listing and trading Closed-End Fund of “Hedge Funds” on the Exchange for the benefit of investors and the marketplace. We believe an auction-market or exchange listing venue for “hedge fund” products should serve to strengthen the regulatory environment for these products through increased transparency and regulatory oversight. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6 of the Exchange Act 8 in general and furthers the objectives of Section 6(b)(5) 9 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. The Exchange further believes that the proposal is expected to provide investors and the marketplace with additional exchange-listed investment opportunities, promoting increased transparency and regulatory oversight unavailable in the over-the-counter market. 8 15 U.S.C. 78f. 9 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange did not receive any written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or

(ii)as to which Amex consents, the Commission will:

(A)By order approve such proposed rule change; or

(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Amex-2008-54 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2008-54. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Amex-2008-54 and should be submitted on or before July 30, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-15513 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58048; File No. SR-CBOE-2008-65] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Duration of CBOE Rule 6.45A(b) Pertaining to Orders Represented in Open Outcry June 27, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 20, 2008, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the CBOE. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. 5 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). 5 The Exchange has requested that the Commission waive the 30-day operative delay required by Rule 19b-4(f)(6)(iii), 17 CFR 240.19b-4(f)(6)(iii). *See* discussion *infra* Section III. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The CBOE proposes to extend the duration of CBOE Rule 6.45A(b) (the “Rule”), relating to the allocation of orders represented in open outcry in equity option classes designated by the Exchange to be traded on the CBOE Hybrid Trading System (“Hybrid”) through December 31, 2008. The text of the proposed rule change is available at CBOE, the Commission's Public Reference Room, and *(http://www.cboe.org/Legal).* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the CBOE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose In March 2005, the Commission approved revisions to CBOE Rule 6.45A related to the introduction of Remote Market-Makers. 6 Among other things, the Rule, pertaining to the allocation of orders represented in open outcry in equity options classes traded on Hybrid, was amended to clarify that only in-crowd market participants would be eligible to participate in open outcry trade allocations. In addition, the Rule was amended to limit the duration of the Rule until September 14, 2005. The duration of the Rule was thereafter extended through June 30, 2008. 7 As the duration period expires on June 30, 2008, the Exchange proposes to extend the effectiveness of the Rule through December 31, 2008. 8 6 *See* Securities Exchange Act Release No. 51366 (March 14, 2005), 70 FR 13217 (March 18, 2005) (SR-CBOE-2004-75). 7 *See* Securities Exchange Act Release Nos. 52423 (September 14, 2005), 70 FR 55194 (September 20, 2005) (SR-CBOE-2005-76) (extending the duration of the Rule through December 14, 2005); 52957 (December 15, 2005), 70 FR 76085 (December 22, 2005) (SR-CBOE-2005-102) (extending the Rule through March 14, 2006); 53524 (March 21, 2006), 71 FR 15235 (March 27, 2006) (SR-CBOE-2006-22) (extending the duration of the Rule through July 14, 2006); 54164 (July 17, 2006), 71 FR 42143 (July 25, 2006) (SR-CBOE-2006-60) (extending the duration of the Rule through October 31, 2006); 54680 (November 1, 2006), 71 FR 65554 (November 8, 2006) (SR-CBOE-2006-86) (extending the duration of the Rule through January 31, 2007); 55219 (February 1, 2007), 72 FR 6305 (February 9, 2007) (SR-CBOE-2007-10) (extending the duration of the Rule through April 30, 2007); 55676 (April 27, 2007), 72 FR 25348 (May 4, 2007) (SR-CBOE-2007-40)(extending the duration of the Rule through July 31, 2007); 56177 (August 1, 2007), 72 FR 44194 (August 7, 2007) (SR-CBOE-2007-89) (extending the duration of the Rule through December 31, 2007) and 57054 (December 27, 2007), 73 FR 899 (January 4, 2008)(SR-CBOE-2007-149) (extending the duration through June 30, 2008). 8 In order to effect proprietary transactions on the floor of the Exchange, in addition to complying with the requirements of the Rule, members are also required to comply with the requirements of Section 11(a)(1) of the Act, 15 U.S.C. 78k(a)(1), or qualify for an exemption. Section 11(a)(1) restricts securities transactions of a member of any national securities exchange effected on that exchange for

(i)the member's own account,

(ii)the account of a person associated with the member, or

(iii)an account over which the member or a person associated with the member exercises discretion, unless a specific exemption is available. The Exchange has issued regulatory circulars to members informing them of the applicability of these Section 11(a)(1) requirements each time the duration of the Rule was extended. *See* CBOE Regulatory Circulars RG05-103 (November 2, 2005), RG06-001 (January 3, 2006), RG06-34 (April 7, 2006), RG06-79 (July 31, 2006), RG06-115 (November 8, 2006), RG07-21 (February 8, 2007), RG07-53 (May 17, 2007), RG07-88 (August 15, 2007) and RG08-08 (January 9, 2008). The Exchange represents that it expects to issue a similar regulatory circular to members reminding them of the applicability of the Section 11(a)(1) requirements with respect to the proposed rule change. 2. Statutory Basis Extension of the duration of the Rule will allow the Exchange to continue to operate under the existing allocation parameters for orders represented in open outcry in Hybrid on an uninterrupted basis. Accordingly, CBOE believes the proposed rule change is consistent with the Act 9 and the rules and regulations under the Act applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act. 10 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 11 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and, in general, to protect investors and the public interest. 9 15 U.S.C. 78a *et seq.* 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:

(1)significantly affect the protection of investors or the public interest;

(2)impose any significant burden on competition; and

(3)become operative for thirty days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(6) 13 thereunder. 14 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 240.19b-4(f)(6). 14 17 CFR 240.19b-4(f)(6). When filing a proposed rule change pursuant to Rule 19b-4(f)(6) under the Act, an Exchange is required to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange provided notice to the Commission two business days prior to filing the proposed rule change, and the Commission has determined to waive the five business day requirement. A proposed rule change filed under Commission Rule 19b-4(f)(6) 15 normally does not become operative prior to thirty days after the date of filing. The CBOE requests that the Commission waive the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii), and designate the proposed rule change to become operative immediately to allow the Exchange to continue to operate under the existing allocation parameters for orders represented in open outcry in Hybrid on an uninterrupted basis. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver will allow the CBOE to continue to operate under the Rule without interruption. For this reason, the Commission designates the proposed rule change as operative upon filing. 16 15 17 CFR 240.19b-4(f)(6). 16 For the purposes only of waiving the operative date of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form *(http://www.sec.gov/rules/sro.shtml);* or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2008-65 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-65. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site *(http://www.sec.gov/rules/sro.shtml).* Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2008-65 and should be submitted on or before July 30, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-15482 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58073; File No. SR-CBOE-2008-71] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Temporary Membership Status Access Fee July 1, 2008. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 30, 2008, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by CBOE. CBOE has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the Exchange under section 19(b)(3)(A), 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested parties. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change CBOE proposes to adjust the monthly access fee for persons granted temporary CBOE membership status (“Temporary Members”) pursuant to Interpretation and Policy .02 under CBOE Rule 3.19 (“Rule 3.19.02”). The text of the proposed rule change is available on the Exchange's Web site ( *http://www.cboe.org/Legal/* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The current access fee for Temporary Members under Rule 3.19.02 5 is $10,868 per month and took effect on June 1, 2008. The Exchange proposes to revise the access fee to be $12,387 per month commencing on July 1, 2008. 5 *See* Securities Exchange Act Release No. 56458 (September 18, 2007), 72 FR 54309 (September 24, 2007) (SR-CBOE-2007-107) for a description of the Temporary Membership status under Rule 3.19.02. The Exchange used the following process to set the proposed access fee: The Exchange polled each of the clearing firms that assists in facilitating at least 10% of the transferable CBOE membership leases and obtained the Clearing Firm Floating Monthly Rate 6 designated by each of these clearing firms for the month of July 2008. The Exchange then set the proposed access fee at an amount equal to the highest of these Clearing Firm Floating Monthly Rates. 6 The term ``Clearing Firm Floating Monthly Rate'' refers to the floating monthly rate that a clearing firm designates, in connection with transferable membership leases that the clearing firm assisted in facilitating, for leases that utilize that floating monthly rate. The Exchange used the same process to set the proposed access fee that it used to set the current access fee. The only difference is that the Exchange used Clearing Firm Floating Monthly Rate information for the month of July 2008 to set the proposed access fee (instead of Clearing Firm Floating Monthly Rate information for the month of June 2008 as was used to set the current access fee) in order to take into account changes in Clearing Firm Floating Monthly Rates for the month of July 2008. The Exchange believes that the process used to set the proposed access fee and the proposed access fee itself are appropriate for the same reasons set forth in CBOE rule filing SR-CBOE-2008-12 in support of that process and the original access fee for Temporary Members under Rule 3.19.02. 7 7 *See* Securities Exchange Act Release No. 57293 (February 8, 2008), 73 FR 8729 (February 14, 2008) (SR-CBOE-2008-12), which established the original access fee for Temporary Members under Rule 3.19.02, for detail regarding the rationale in support of the original access fee and the process used to set that fee, which is also applicable to this proposed rule change as well. The proposed access fee will remain in effect until such time either that the Exchange submits a further rule filing pursuant to section 19(b)(3)(A)(ii) of the Act 8 to modify the proposed access fee or the Temporary Membership status under Rule 3.19.02 is terminated. Accordingly, the Exchange may, and likely will, further adjust the proposed access fee in the future if the Exchange determines that it would be appropriate to do so taking into consideration lease rates for transferable CBOE memberships prevailing at that time. 8 15 U.S.C. 78s(b)(3)(A)(ii). The procedural provisions of the CBOE Fee Schedule related to the assessment of the proposed access fee are not proposed to be changed and will remain the same as the current procedural provisions regarding the assessment of the current access fee. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act, 9 in general, and furthers the objectives of section 6(b)(4) of the Act, 10 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among persons using its facilities. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to section 19(b)(3)(A) of the Act 11 and subparagraph (f)(2) of Rule 19b-4 12 thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CBOE-2008-71 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2008-71. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-CBOE-2008-71 and should be submitted on or before July 30, 2008. 13 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 13 Florence E. Harmon, Acting Secretary. [FR Doc. E8-15487 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58072; File No. SR-ISE-2008-51] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Establish an Exemption for Certain Regulation NMS-Compliant Intermarket Sweep Orders From the Requirements in Rule 2119 (Equity EAMs Acting as Brokers) and Conform Rule 2119 to Financial Industry Regulatory Authority Rules July 1, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 24, 2008, the International Securities Exchange, LLC (“Exchange” or “ISE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Exchange has designated this proposal as non-controversial under Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The ISE proposes to amend its Rule 2119 (Equity EAMs Acting as Brokers) to conform it to similar Financial Industry Regulatory Authority, Inc. (“FINRA”) rules. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.ise.com* ), at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose ISE Rule 2119 generally prohibits an Equity Electronic Access Member (“Equity EAM”) from trading for its own account in a security when the Equity EAM is either holding an unexecuted customer market order in that security or trades at a price that is equal to or better than an unexecuted customer limit order that it holds in that security. Although FINRA rules impose similar obligations, FINRA provides for exceptions and exemptions to this obligation that the Exchange now seeks to adopt. The Exchange proposes to amend Rule 2119 to include an exception that allows an Equity EAM to trade for its own account in a security when the Equity EAM is either holding an unexecuted customer market order in that security or trades at a price that is equal to or better than an unexecuted customer limit order that it holds in that security, provided that the Equity EAM immediately thereafter executes the customer order up to the size and at the same price at which it traded for its own account or better. The Exchange also proposes to amend Rule 2119 to add an exemption that was recently adopted by FINRA. On May 6, 2008, the Commission approved amendments to FINRA Rule 2111 and IM-2110-2 that establish an intermarket sweep order (“ISO”) exemption. 5 This exemption provides members with relief from the obligations related to trading in their own accounts while holding an unexecuted customer order. Specifically, an exemption applies when an ISO is routed for the member's own account and a customer order is received after the member routed the ISO, but before the member receives an execution. Additionally, an exemption applies when the member executes an ISO to facilitate a customer order and that customer has consented to not receiving the better prices obtained by the ISO. 5 *See* Securities Exchange Release No. 57784 (May 6, 2008), 73 FR 27587 (May 13, 2008) (SR-FINRA-2007-39) (“Release No. 34-57784”). The Exchange proposes to amend Rule 2119 to incorporate these exceptions and exemptions into its Rule to facilitate member compliance with Regulation NMS and to more closely align ISE Rules with similar FINRA rules. 2. Statutory Basis The basis for this proposed rule change is found in Section 6(b)(5) 6 of the Act. Specifically, the Exchange believes the proposed rule change is consistent with the requirement in Section 6(b)(5) that the rules of an exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. 6 15 U.S.C. 78(f)(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has designated the proposed rule change as one that:

(1)Does not significantly affect the protection of investors or the public interest;

(2)does not impose any significant burden on competition; and

(3)does not become operative for 30 days from the date of filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. Therefore, the foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 7 and subparagraph (f)(6) of Rule 19b-4 thereunder. 8 The Exchange has asked the Commission to waive the operative delay to permit the proposed rule change to become operative prior to the 30th day after filing. 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has fulfilled this requirement. The Commission has determined that waiving the 30-day operative delay of the Exchange's proposal is consistent with the protection of investors and the public interest and will promote competition because the Exchange's proposal comports with FINRA rules that previously were approved by the Commission. 9 In addition, such waiver would allow the Exchange to provide for, without delay, consistent application of these rules for its members that also are members of FINRA. Therefore, the Commission designates the proposal operative upon filing. 10 9 *See, e.g.* , Release No. 34-57884, *supra* note 5. 10 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-ISE-2008-51 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE-2008-51. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-ISE-2008-51 and should be submitted on or before July 30, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-15496 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58069; File No. SR-NASDAQ-2008-054] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding Technical and Conforming Changes to Nasdaq Rules June 30, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 13, 2008, The NASDAQ Stock Market LLC (“Nasdaq” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. Nasdaq designated the proposed rule change as “non-controversial” under Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Nasdaq proposes to make miscellaneous non-controversial changes to the Nasdaq rulebook. Nasdaq proposes to implement the proposed rule change immediately. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://nasdaq.complinet.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Nasdaq proposes to make miscellaneous non-controversial changes to the Nasdaq rulebook. When Nasdaq separated from the National Association of Securities Dealers, Inc. (“NASD”) and began to operate as a national securities exchange in 2006, it adopted a rulebook with provisions regulating member conduct that was designed to parallel the NASD rulebook in many respects. There were three compelling reasons for this approach. First, most Nasdaq members were expected to be members of NASD that had traded on the Nasdaq while it was a facility of NASD, so these members were accustomed to the requirements of NASD rules. Second, adopting rules at variance with NASD rules would impose unnecessary regulatory burdens on Nasdaq members by requiring them to comply with a new rule set. Third, adopting parallel rules allowed Nasdaq and NASD to enter into an agreement under Rule 17d-2 under the Act 5 (the “17d-2 Agreement”) to allocate responsibility to NASD for enforcement of common rules with respect to common members. 6 5 17 CFR 240.17d-2. 6 *See* Securities Exchange Act Release No. 54136 (July 12, 2006), 71 FR 40759 (July 18, 2006) (File No. 4-517). The main purpose of this rule change is to adopt conforming changes to reflect recent changes to certain NASD rules that impact corresponding Nasdaq rules, and to make other related changes to ensure that duplicative regulatory burdens are not imposed on Nasdaq members. Second, Nasdaq is also amending its rules to reflect the name change of NASD to the Financial Industry Regulatory Authority, Inc. (“FINRA”) following its merger with elements of the New York Stock Exchange (“NYSE”) regulatory unit. As a result of this merger, the corporate name of the entity has changed, but NASD rules continue to be denominated as such. 7 Accordingly, references in the Nasdaq rules to NASD rules are not being changed at this time, but references to the corporate entity and its members are being changed. Third, Nasdaq is making a range of changes aimed at deleting obsolete references and correcting typographical errors. 7 The rules of FINRA include both NASD rules and NYSE Regulation rules incorporated by FINRA. *See* *http://www.finra.org/RulesRegulation/FINRARules/index.htm.* Specifically, Nasdaq proposes to make the following changes: • Amending Nasdaq Rule 1017 to conform the rule more closely to NASD Rule 1017 so that the rule continues to be covered by the 17d-2 Agreement. Nasdaq Rule 1017 pertains to approval of changes in ownership, control, or business operations by Nasdaq members. In SR-NASDAQ-2007-085, 8 Nasdaq adopted amendments to Nasdaq Rule 1017 to shorten the time-frame for review of applications under the rule and to simplify the standards for approval. These changes were intended to benefit Nasdaq members that are not required to become members of FINRA because they conduct a limited business that does not involve the carrying of customer accounts. 8 *See* Securities Exchange Act Release No. 56917 (December 6, 2007), 72 FR 70632 (December 12, 2007) (SR-NASDAQ-2007-085). As a result of the amendments to the Nasdaq Rule, however, the content of NASD Rule 1017 and Nasdaq Rule 1017 are now somewhat different and therefore may not be considered eligible for coverage under the 17d-2 Agreement. However, Nasdaq believes that no useful regulatory purpose would be served by requiring duplicative applications to FINRA and Nasdaq, since a joint member could not implement a change requiring an application to FINRA until FINRA had granted approval. Accordingly, Nasdaq is amending the rule to reinstate the time frames for application review previously in effect and to incorporate by reference to NASD Rule 1014 the standards for approval of applications by FINRA members. 9 Thus, the coverage of the rule would be identical to the NASD rule for joint members, while the simplified rule would continue to be applicable to Nasdaq members that are not required to become members of FINRA. Nasdaq is also making conforming changes to Nasdaq Rules 1012 and 1014. 9 Nasdaq incorporates by reference a range of NASD rules, thereby ensuring that Nasdaq members and FINRA members are subject to comparable regulatory standards, reducing regulatory burdens on these members, and reducing the extent to which Nasdaq must amend its own rules to maintain comparable regulatory standards. In connection with this filing, Nasdaq plans to submit an amended letter to the Commission requesting an exemption from the rule filing requirements of Section 19(b) of the Exchange Act for changes to those Nasdaq rules that are effected solely by virtue of a change to a cross-referenced NASD rule. *See* Letter from Edward S. Knight, Executive Vice President and General Counsel, Nasdaq, to Nancy Morris, Secretary, Commission (January 12, 2006); Securities Exchange Act Release No. 53128 (January 13, 2006), 71 FR 3550 (January 23, 2006) (File No. 10-131). • Amending Nasdaq Rule 1060 to remove the registration exemption for associated persons of broker-dealers engaged exclusively in options trading. The exemption is inconsistent with recently approved rules for the NASDAQ Options Market, which requires registration of such persons. 10 10 *See* Securities Exchange Act Release No. 57478 (March 12, 2008), 73 FR 14521 (March 18, 2008) (SR-NASDAQ-2007-004 and -080). • Adopting new Nasdaq Rule 1160 and amending Nasdaq Rules 1120, 1150, and 3520 and IM-3011-2 to conform to changes to corresponding NASD rules 11 regarding the time frame for members to report changes in contact information. NASD Rule 1160 contemplates that FINRA members will use the NASD Contact System to report changes; because this system is not available to non-FINRA members at this time, the corresponding Nasdaq Rule requires use of this system by Nasdaq members that are FINRA members and submissions via e-mail or paper mail for other Nasdaq members. 11 *See* Securities Exchange Act Release No. 56179 (August 1, 2007), 72 FR 44203 (August 7, 2007) (SR-NASD-2007-034). • Amending Nasdaq IM-2110-3, IM-2110-6, and IM-2110-7, whose text is virtually identical to corresponding NASD rules, by requiring Nasdaq members to comply with the corresponding NASD rules, thereby incorporating by reference the NASD rules. 12 Similarly, Nasdaq is incorporating by reference new NASD Rules 2290, 13 2342, 14 2441, 15 and 3160. 16 12 *See supra* note 9. 13 *See* Securities Exchange Act Release No. 56645 (October 11, 2007), 72 FR 59317 (October 19, 2007) (SR-NASD-2005-080). 14 *See* Securities Exchange Act Release No. 55737 (May 10, 2007), 72 FR 27606 (May 16, 2007) (SR-NASD-2006-124). 15 *See* Securities Exchange Act Release No. 54088 (June 30, 2006), 71 FR 38950 (July 10, 2006) (SR-NASD-2004-135). 16 *See* Securities Exchange Act Release No. 54456 (September 15, 2006), 71 FR 56203 (September 26, 2006) (SR-NASD-2006-064). • Amending Nasdaq Rule 2320 and adopting IM-2320 to reflect changes made to the corresponding NASD Rules by SR-NASD-2004-026. 17 17 *See* Securities Exchange Act Release No. 54339 (August 21, 2006), 71 FR 50959 (August 28, 2006) (SR-NASDAQ-2004-026). • Amending Nasdaq Rule 2340 to reflect changes made to the corresponding NASD Rule by SR-NASD-2006-066. 18 18 *See* Securities Exchange Act Release No. 54811 (November 22, 2006), 71 FR 69161 (November 29, 2006) (SR-NASD-2006-066). • Amending Nasdaq IM-2210-4, to adopt a simplified version of the changes made to NASD IM-2210-4 by SR-FINRA-2007-014. 19 Specifically, while NASD IM-2210-4 requires FINRA members advertising FINRA membership on their Web sites to provide a link to the FINRA Web site in order to provide investors with information about FINRA, Nasdaq believes that such a requirement would be inappropriate for a for-profit exchange such as Nasdaq. The Nasdaq rule, however, like the FINRA rule, will provide that members may indicate Nasdaq membership in any communication with the public, provided that the communication complies with the applicable standards of Nasdaq Rule 2210 (which governs member advertising) and neither states nor implies that Nasdaq, or any other corporate name or facility affiliated with Nasdaq, or any other regulatory organization endorses, indemnifies, or guarantees the member's business practices, selling methods, the class or type of securities offered, or any specific security. 19 *See* Securities Exchange Act Release No. 56615 (October 4, 2007), 72 FR 58136 (October 12, 2007) (SR-FINRA-2007-014). • Amending Nasdaq Rule 3010 to reflect changes made to the corresponding NASD Rule by SR-NASD-2003-104. 20 20 *See* Securities Exchange Act Release No. 52403 (September 9, 2005), 70 FR 54782 (September 16, 2005) (SR-NASD-2003-104). • Amending Nasdaq IM-4390 and Rules 3390, 4611, 4619, 4625, 4756, 4758, 4761, and 6430 (redesignated as Rule 3350), and deleting Nasdaq Rules 4602 and 4759 and IM-4759-1, to reflect the termination of the Intermarket Trading System Plan and the NYSE Direct + System. • Amending Nasdaq Rule 4613 and IM-4390 to eliminate obsolete references to previously deleted rules. • Amending Nasdaq Rule 4618 to clarify that transactions in any security, not just Nasdaq-listed securities, may be settled “ex-clearing” if the parties to the transaction agree. • Amending Nasdaq Rule 4625 to reflect the previous deletion of a requirement that market maker quotations be reasonably related to the prevailing market. 21 21 *See* Securities Exchange Act Release No. 56759 (November 7, 2007), 72 FR 64102 (November 14, 2007) (SR-NASDAQ-2007-069). • Amending Nasdaq Rule 4751 to correct technical errors in the description of the scope of securities traded on the Nasdaq Market Center, the definition of “Nasdaq ECNs,” and the definition of the “Price to Comply Post Order,” and to remove obsolete language associated with the transition by the Nasdaq Market Center to the Regulation NMS environment. • Amending Nasdaq Rule 4758 to clarify the description of Nasdaq's order routing options. • Redesignating Nasdaq Rules 6430 and 6440 as Rules 3350 and 3351 and making amendments to reflect amendments to a corresponding NASD rule, Rule 5120, that were made by SR-NASD-2006-104. 22 22 *See* Securities Exchange Act Release No. 54798 (November 21, 2006), 71 FR 69156 (November 29, 2006) (SR-NASD-2006-104). • Amending Nasdaq Rule 6951 to reflect changes to the corresponding NASD Rule made by SR-NASD-2007-028. 23 23 *See* Securities Exchange Act Release No. 56003 (July 2, 2007), 72 FR 37287 (July 9, 2007) (SR-NASD-2007-028). • Amending Nasdaq Rules 9556, 9800, 9810, and 9860 to reflect changes to the corresponding NASD Rules made by SR-NASD-2005-061 and SR-NASD-2007-033. 24 24 *See* Securities Exchange Act Release Nos. 51860 (June 16, 2005), 70 FR 36427 (June 23, 2005) (SR-NASD-2005-061); and 55819 (May 25, 2007), 72 FR 30895 (June 4, 2007) (SR-NASD-2007-033). • Amending Nasdaq IM-10100 and Rules 10100 and 10102 to reflect the replacement by FINRA of the Rule 10000 Series with the Rule 12000 and Rule 13000 Series. 25 The NASD Rule 10000 Series governed all arbitration disputes submitted by members, associated persons and customers. The NASD replaced that single rule series with two rule series: The 12000 Series governing disputes with customers and the 13000 Series governing industry disputes. Nasdaq members are subject to the new NASD Rule 12000 and 13000 Series, just as they were subject to the old NASD 10000 Series. 25 *See* Securities Exchange Act Release No. 55158 (January 24, 2007), 72 FR 4574 (January 31, 2007) (SR-NASD-2003-158 and SR-NASD-2004-011). • Amending Nasdaq Rule 11810 to reflect changes to the corresponding NASD Rule made by SR-NASD-2007-035. 26 26 *See* Securities Exchange Act Release No. 56972 (December 14, 2007), 72 FR 73927 (December 28, 2007) (SR-NASD-2007-035). • Amending Nasdaq Rules 0115, 1002, 2210, 2211, 3010, 3110, 4380, 9120, and 11630 and IM-3011-1 and IM-4390 to correct typographical errors. Amending Nasdaq Rules 0120, 0130, 1001, 1002, 1012, 1022, 1050, 1060, 1120, 2111, 2210, 2361, 2520, 3010, 3012, 3020, 3070, 3150, 3510, 4120, 4200, 4619, 4624, 6951, 6954, 6955, 8001, 8210, 8211, 9001, 9120, 9521, 9552, 9553, 9554, 9555, 9556, 9557, 9558, 9810, 10001, 10100, 11210, 11860, and 11870, and IM-1002-4, IM-1022-2, IM-2110-2, IM-10100, and IM-11130 to reflect the name change of NASD to FINRA. • Amending Nasdaq Rule 2140 to reflect the change in the name of the Commission's Division of Market Regulation to the Division of Trading and Markets. • Amending Nasdaq IM-10100 to correct the names of several exchanges listed in the rule. 2. Statutory Basis The Exchange believes that the proposal is consistent with Section 6(b) of the Act, 27 in general, and Section 6(b)(5) of the Act, 28 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed rule change makes miscellaneous changes to Nasdaq rules to maintain appropriate parallelism with corresponding NASD rules, in order to prevent unnecessary regulatory burdens and promote efficient administration of the rules. The change also makes minor updates and corrections to certain Nasdaq rules. 27 15 U.S.C. 78f. 28 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition Nasdaq does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(1)makes miscellaneous changes to Nasdaq rules in order to maintain appropriate parallelism with corresponding NASD rules, prevent unnecessary regulatory burdens, and promote efficient administration of the rules; and

(2)makes minor updates and corrections to certain Nasdaq rules. 32 *Id.* 33 *Id.* The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it will allow Nasdaq to immediately conform its rules to corresponding NASD rules. This will ensure that such Nasdaq rules will continue to be covered by the existing 17d-2 Agreement between Nasdaq and FINRA and that unnecessary duplicatory regulatory burdens are not imposed on Nasdaq members. Further, waiving the operative delay will allow Nasdaq to immediately make minor updates and corrections to certain Nasdaq rules, which are non-substantive and do not raise any regulatory issues. For these reasons, the Commission designates that the proposed rule change become operative immediately. 34 34 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NASDAQ-2008-054 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASDAQ-2008-054. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of Nasdaq. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2008-054 and should be submitted on or before July 30, 2008. 35 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 35 Florence E. Harmon, Acting Secretary. [FR Doc. E8-15486 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58068; File No. SR-NYSE-2008-20] Self-Regulatory Organizations; New York Stock Exchange LLC; Order Granting Approval of a Proposed Rule Change and Amendments No. 1 and 2 Thereto Relating to Exchange Rule 36 (Communications Between Exchange and Member's Offices) To Make Permanent an Existing Portable Phone Pilot June 30, 2008. On March 17, 2008, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 a proposed rule change to make permanent an existing portable phone pilot. On March 27, 2008, and April 2, 2008, the Exchange submitted Amendments No. 1 and 2, respectively, to the proposed rule change. The proposed rule change was published for comment in the **Federal Register** on April 9, 2008. 3 The Commission received no comments regarding the proposal. This order approves the proposed rule change, as modified by Amendments No. 1 and 2. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57611 (April 3, 2008), 73 FR 19274. I. Description of the Proposal The Exchange proposes to make permanent NYSE Rule 36 (Communications Between Exchange Member's Offices), which permits Floor brokers and Registered Competitive Market-Makers (“RCMMs”) 4 to use on a pilot basis an Exchange authorized and issued portable phone (“Exchange Phone”) on the Exchange Floor (“Pilot”). The Commission originally approved the Pilot to be implemented for a six-month period 5 in 2003. 6 Since the inception of the Original Pilot, the Exchange extended the Pilot ten times, with the current Pilot set to expire on June 30, 2008. 7 In 2006, the Exchange incorporated RCMMs into the Pilot 8 and subsequently amended the Pilot to allow RCMMs to use Exchange Phones to call to and receive calls from their booths. 9 4 *See* NYSE Rule 107A, which defines and governs the registration and dealings of RCMMs. 5 *See* Securities Exchange Act Release No. 47671 (April 11, 2003), 68 FR 19048 (April 17, 2003) (SR-NYSE-2002-11) (“Original Pilot”). The Original Pilot permitted Exchange Phones to be used only by Floor brokers. *See* note 8 and 9 *infra* and accompanying text. 6 *See* Securities Exchange Act Release No. 47992 (June 5, 2003), 68 FR 35047 (June 11, 2003) (SR-NYSE-2003-19) (delaying the implementation date for Exchange Phones from on or about May 1, 2003, to no later than June 23, 2003). 7 *See* Securities Exchange Act Release Nos. 48919 (December 12, 2003), 68 FR 70853 (December 19, 2003) (SR-NYSE-2003-38) (extending the Pilot for an additional six months ending on June 16, 2004); 49954 (July 1, 2004), 69 FR 41323 (July 8, 2004) (SR-NYSE-2004-30) (extending the Pilot for an additional five months ending on November 30, 2004); 50777 (December 1, 2004), 69 FR 71090 (December 8, 2004) (SR-NYSE-2004-67) (extending the Pilot for an additional four months ending March 31, 2005); 51464 (March 31, 2005), 70 FR 17746 (April 7, 2005) (SR-NYSE-2005-20) (extending the Pilot for additional four months ending July 31, 2005); 52188 (August 1, 2005), 70 FR 46252 (August 9, 2005) (SR-NYSE-2005-53) (extending the Pilot for an additional six months ending January 31, 2006); 53277 (February 13, 2006), 71 FR 8877 (February 21, 2006) (SR-NYSE-2006-03) (extending the Pilot for an additional six months ending July 31, 2006); 54276 (August 4, 2006), 71 FR 45885 (August 10, 2006) (SR-NYSE-2006-55) (extending the Pilot for an additional six months ending January 31, 2007); 55218 (January 31, 2007), 72 FR 6025 (February 8, 2007) (SR-NYSE-2007-05) (extending the Pilot for an additional twelve months ending January 31, 2008); 57249 (January 31, 2008), 73 FR 7024 (February 6, 2008) (SR-NYSE-2008-10) (extending the Pilot for an additional three months ending April 30, 2008); and 57746 (April 30, 2008), 73 FR 25816 (May 7, 2008) (SR-NYSE-2008-34) (extending the Pilot to no later than the approval of SR-NYSE-2008-20 or June 30, 2008, the earlier thereof). 8 *See* Securities Exchange Act Release No. 53213 (February 2, 2006), 71 FR 7103 (February 10, 2006) (SR-NYSE-2005-80). 9 *See* Securities Exchange Act Release No. 54215 (July 26, 2006), 71 FR 43551 (August 1, 2006) (SR-NYSE-2006-51). NYSE Rule 36 governs the establishment of telephonic or electronic communications between the Exchange Floor and any other location. Prior to the Pilot, NYSE Rule 36 prohibited the use of portable phone communications between the Exchange Floor and any off-Floor location. Floor brokers could communicate from the Exchange Floor to off-Floor location only by means of a telephone located at a broker's booth. Such communication often involved a customer calling a broker at the booth for “market look” information. A broker could not use a portable phone in a trading crowd at the point of sale to speak with a person located off the Exchange Floor. Currently, on a pilot basis, NYSE Rule 36 outlines the conditions under which Floor brokers and RCMMs may use Exchange Phones. 10 Only Exchange Phones are permitted to be used under the Pilot and any other type of portable phones are prohibited pursuant to NYSE Rule 36. A Floor broker may, with the Exchange's approval, engage in direct voice communication from the point of sale to an off-Floor location, such as a member firm's trading desk or the office of one of the broker's customers. The Pilot permits both incoming and outgoing calls, provided all requirements of NYSE Rule 36 and other Exchange rules have been met. 10 *See also* Member Education Bulletins 2005-20 (November 28, 2005) and 2005-23 (December 2, 2005) (“MEBs”). MEBs describe the conditions for the use of a portable phone by Floor brokers and RCMMs, the acknowledgement procedure, and the rule text. These MEBs were previously filed as exhibits with the Commission in connection with the operation of the Pilot. *See* Securities Exchange Act Release No. 53213 (February 2, 2006), 71 FR 7103 (February 10, 2006) (SR-NYSE-2005-80). The Exchange represents that revised MEBs would be sent to all Floor brokers and RCMMs utilizing portable phones pursuant to NYSE Rule 36. The Commission notes that MEBs and acknowledgment forms attached thereto are part of this rule proposal. During the permitted communication as provided in NYSE Rule 36, a broker may accept orders, provide status and oral execution reports as to orders previously received, and provide market look observations as historically have been routinely transmitted from a broker's booth location. A Floor broker, however, may not represent and execute any order received as a result of such communication unless the order is first properly recorded by the member and entered into the Exchange's Front End Systemic Capture (“FESC”) electronic database. 11 In addition, Exchange rules require that Floor brokers receiving orders from the public over Exchange Phones must be properly qualified to engage in such direct access business under NYSE Rules 342 and 345, among others. 11 *See* NYSE Rule 123(e). *See also* Securities Exchange Act Release Nos. 43689 (December 7, 2000), 65 FR 79145 (December 18, 2000) (SR-NYSE-98-25) and 44943 (October 16, 2001), 66 FR 53820 (October 24, 2001) (SR-NYSE-2001-39) (discussing certain exceptions to FESC, such as orders to offset an error or a bona fide arbitrage, which may be entered within 60 seconds after a trade is executed). The Pilot also allows RCMMs to use an Exchange Phone, solely to call and receive calls from their booths on the Exchange Floor, to communicate with their or their member organizations' off-Floor office, and to communicate with the off-Floor office of their clearing member organization to enter off-Floor orders and to discuss matters related to the clearance and settlement of transactions, provided the off-Floor office uses a wired phone line for these discussions. RCMMs and their or their member organization's off-Floor offices may not use Exchange Phones to transmit to the Exchange Floor orders for the purchase or sale of securities by public customers or any other agency business. Under the Pilot, Floor brokers may not use call-forwarding or conference calling. Likewise, RCMMs, their booth personnel, their member organization's off-Floor office, and their clearing member organization's off-Floor office may not use call-forwarding or conference calling. Accordingly, Exchange Phones used by Floor brokers and RCMMs do not have call-forwarding or conference calling capabilities. The Exchange also prohibits booth phones used to make calls to and receive calls from RCMMs from having call-forwarding or conference calling features enabled. Further, Floor brokers and their member organizations must have procedures designed to deter anyone calling their Exchange Phone from using caller ID block or attempting to conceal the phone number from which the call is being made. Similarly, RCMMs and their member organizations must implement procedures designed to deter their or their member organization's off-Floor office and the off-Floor office of their clearing member organization from doing the same. Use of the Exchange Phone by Floor brokers and RCMMs must comply with all other rules, policies, and procedures of both the federal securities laws and the Exchange, including the record retention requirements, as set forth in NYSE Rule 440 and Rules 17a-3 and 17a-4 under the Act. Further, every Floor broker and RCMM must sign a written agreement consenting to specified terms of usage in connection with the operation of the Pilot and their use of the Exchange authorized and provided portable phones. 12 For surveillance purposes, the Exchange receives records of all incoming and outgoing calls on Exchange Phones. The Exchange represents that it will continue to receive such records on a monthly basis. 12 Floor brokers and RCMMs agree to comply with NYSE Rule 36, all other rules, policies, and procedures of both federal securities laws and the Exchange, including the record retention requirements of NYSE Rule 440 and Rules 17a-3 and 17a-4 under the Act, and acknowledge that the Exchange has the right to request from their Exchange Phone service provider any records relating to incoming and outgoing calls that NYSE Regulation, Inc. deems necessary. Floor brokers additionally agree that, to the extent they are aware that a customer or any other incoming caller is using a caller ID block, the Floor broker would request in writing that the customer/caller disable such block when calling the Floor broker. Such written request must be documented and a copy of the same retained. RCMMs acknowledge that they may only call and receive calls from the locations provided in NYSE Rule 36.22. RCMMs additionally agree to disable the functionality that allows call-forwarding, conference calling, caller ID block, or any other means to conceal the phone number from which the call is being made. Specialists are subject to separate restrictions in NYSE Rule 36 on their ability to engage in communications from the specialist post to an off-Floor location. 13 The Exchange's proposal would not apply to specialists, who would continue to be prohibited from communicating from the post to upstairs trading desks or customers. 14 13 *See* Securities Exchange Act Release No. 46560 (September 26, 2002), 67 FR 62088 (October 3, 2002) (SR-NYSE-00-31) (discussing restrictions on specialists' communications from the post). 14 NYSE Rule 36.30 provides that, with the approval of the Exchange, a specialist unit may maintain a telephone line at its stock trading post location to the off-Floor offices of the specialist unit or the unit's clearing firm. Such telephone connection may not be used for the purpose of transmitting to the Exchange Floor orders for the purchase or sale of securities but may be used to enter options or futures hedging orders through the unit's off-Floor office or the unit's clearing firm or through a member (on the Exchange Floor) of an options or futures exchange. The Exchange is proposing to adopt the Pilot on a permanent basis under the same rules and conditions that currently exist. II. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 15 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 16 which requires that the rules of the an exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national securities system, and, in general, to protect investors and the public interest. 15 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 16 15 U.S.C. 78f(b)(5). The Exchange adopted the prohibition on the use of portable telephones on the Exchange Floor in 1988. 17 In approving the prohibition, the Commission noted that, by being able to communicate directly with a broker in the trading crowd, a customer (invariably, a large or institutional one) could have a significant time and place advantage. The Commission further noted that certain concerns could result from such advantage. The Commission, however, also observed that the approval of the prohibition did not foreclose an exchange from devising a program to permit the use of portable phones on the floor and that such prohibition was not the only approach consistent with the Act. 17 *See* Securities Exchange Act Release No. 25842 (June 23, 1998), 53 FR 24539 (June 29, 2008) (SR-NYSE-87-18). The proposal resulting in the adoption of the prohibition was in response to a Commission order setting aside actions by the Exchange denying two of its members permission to install telephone connections to communicate from the Exchange Floor with non-member customers located off-Floor. *See* Securities Exchange Act Release No. 24429 (May 6, 1987). The Exchange's proposal ultimately approved by the Commission permitted access to non-member customers at the Floor booth but prohibited such access through portable phones in the trading crowd. The Exchange subsequently proposed to permit on a pilot basis the use of Exchange Phones on the Exchange Floor. In approving the Original Pilot, 18 the Commission noted that Exchange Phones could provide more direct access to the Exchange's trading crowds and increase speed in the transmittal and execution of orders. The Commission, however, continued to express an ongoing concern and requested that, if the Exchange decides to request permanent approval, it submit information documenting the usage of the Exchange Phones, any problems that has occurred, and any advantages or disadvantages of such usage. The Commission noted that such information would help ensure that the Exchange Phones provide for fair access, with adequate monitoring of orders being taken and information being disseminated. 18 *See* note 5 *supra* . The Exchange has duly provided such information with each extension of the Pilot and in its proposal to permanently adopt the Pilot. Since the inception of the Original Pilot, the Commission also notes that the Exchange did not identify significant regulatory issues and also represented that that no administrative or technical problems, other than routine telephone maintenance issues, have occurred. Further, in its proposal to permanently adopt the Pilot, the Exchange states that there has been a reasonable degree of usage of the Exchange Phones. In addition, the Commission notes that there does not appear to be any complaints concerning fair access to the NYSE's trading floor as a result of the Pilot. 19 Rather, the Exchange states in its proposal that the Pilot demonstrates that the Exchange Phones facilitate communication without any corresponding drawbacks. 19 The Commission notes that since the inception of the Original Pilot, the Commission received only one comment letter. The comment letter pertains to the Original Pilot and was supportive of it. *See* note 5 *supra* . The Commission also notes that, as proposed to be permanently adopted, NYSE Rule 36 requires Floor brokers and RCMMs to comply with all rules, policies, and procedures of the Exchange and the federal securities law, including the record retention requirements. Additionally, a Floor broker would not be permitted to represent and execute an order unless first inputted in FESC. Floor brokers and RCMMs, moreover, are not permitted to use call-forwarding or conference calling and must implement procedures designed to deter anyone calling the Exchange Phones from concealing the phone number from which a call is being made. Further, the Exchange has the right to request from the Exchange Phone service provider any records relating to incoming and outgoing calls. 20 The Exchange represents that it has received, and will continue to receive, records of such calls on a monthly basis. With respect to Exchange Phones, these requirements and records should help the Exchange detect and deter any violations of the Exchange rules and the Act. 20 *See* note 10 *supra* . The Commission, therefore, finds that the proposal is consistent with the Act. 21 The conditions stated above should continue to aid the Exchange in surveilling for compliance with Exchange rules and the Act and address concerns identified in the adoption of the original prohibition. 22 The Commission also believes that the operation of the Pilot without incident since its inception helps to address the Commission's initial concerns. Accordingly, as noted by the Commission when it approved the Original Pilot, the Commission continues to believe that the Pilot helps to expedite orders and make the flow of information more direct. 21 In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 22 In this regard, the Commission notes that proper surveillance is an essential component of any telephone access policy to an Exchange Floor. III. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 23 that the proposed rule change (SR-NYSE-2008-20), as modified by Amendments No. 1 and 2 be, and it hereby is, approved. 23 15 U.S.C. 78s(b)(2). For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 24 24 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-15485 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58079; File No. SR-NYSEArca-2008-69] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Permit the Use of a New Order Type Known as Price Improving Orders and Quotes July 2, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on June 25, 2008, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. NYSE Arca designated the proposed rule change as “non-controversial” under Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend various rules to permit the use of a new order type known as Price Improving Orders and Quotes that may be submitted in increments as small as one cent, and to govern their use. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this rule change is to permit all authorized Exchange participants to submit Price Improving Orders and Quotes in increments smaller than the minimum price variation (“MPV”) in the security. The Exchange will designate the classes/series eligible for this penny pricing, and the penny pricing will be available electronically and in open outcry. Price Improving Orders and Quotes will allow market participants to submit an order priced between the MPV that will be rounded to the nearest lower MPV bid or the nearest higher MPV offer for display, but would maintain the one-cent increment limit for trade allocation purposes. Without this order type, market participants would not be able to submit orders priced between the disseminated MPV. However, since the orders will be displayed in aggregate at the nearest MPV, the order type will not “take away” transparency that would already exist. Incoming market and marketable limit orders will receive price improvement when executed against Price Improving Orders or Quotes resting in the Consolidated Book. For example, where the NYSE Arca market is 1.00-1.20 and an order is received to buy 10 contracts at 1.08, NYSE Arca would disseminate a 1.05 bid for 10 contracts, and any subsequent sell market order received by the Exchange would trade at 1.08 for up to 10 contracts (after which the quote would revert back to 1.00-1.20). The Exchange also proposes to allow OTP Holders to execute Price Improving Orders in open outcry in one-cent increments and to allow Market Makers to respond to a call for a market with bids and offers in one-cent increments. However, the Exchange will require OTP Holders, prior to effecting any transactions in open outcry in one-cent increments, to electronically “sweep” any Price Improving Orders or Quotes in the NYSE Arca System. The “sweep” would ensure that better-priced orders resting in one-cent increments are executed prior to the open outcry transaction and would also ensure that same priced orders receive executions consistent with existing rules governing priority of orders in the Consolidated Book when trading with an order represented in open outcry (NYSE Arca Rules 6.47 and 6.75). The applicability of split-price priority under NYSE Arca Rule 6.75(h) to transactions effected under proposed NYSE Arca Rule 6.73(b) would be determined by the Exchange, and the mechanics of split-price priority in those instances would be the same as the mechanics of split-price priority in five- and ten-cent increments. In addition, open outcry penny pricing would generally be available in instances where a Floor Broker is attempting to cross an order pursuant to NYSE Arca Rule 6.47(a) through (d). However, it would not be available in those instances where a Floor Broker is utilizing the Exchange's Size Quote Mechanism (NYSE Arca Rule 6.47(f)). The Exchange believes that this order type will provide investors the opportunity to trade at a better price than otherwise would be available—inside the disseminated best bid and offer for a security. The Exchange also believes that this order type may serve to increase liquidity to the extent that market participants find the order type results in better executions. Further, market participants may be incented to compete by putting forth their best price—priced in a penny increment—to potentially match or better any other trading interest resident in the system. This may result in more aggressive, rather than less aggressive, trading interest. This rule change is based on Chapter VI, Section 1(e)(6) and Section 5 of the NASDAQ Options Rules 5 and Chicago Board Options Exchange Rule 6.13B. 6 5 *See* Securities Exchange Act Release No. 57478 (March 12, 2008) 73 FR 14521 (March 18, 2008) (order approving SR-NASDAQ-2007-004, as modified by Amendment 2, and SR-NASDAQ-2007-080). 6 *See* Securities Exchange Act Release No. 57716 (April 25, 2008), 73 FR 24329 (May 2, 2008) (SR-CBOE-2007-39) (order approving CBOE-2007-39 as modified by Amendment No. 2). 2. Statutory Basis The Exchange believes the proposed rule change is consistent with and furthers the objectives of Section 6(b)(5) of the Act, in that it is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect investors and the public interest. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days after the date of filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 7 and subparagraph (f)(6) of Rule 19b-4 thereunder. 8 As required under Rule 19b-4(f)(6)(iii), 9 NYSE Arca provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least 5 days prior to the filing of the proposed rule change. 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b-4(f)(6). 9 17 CFR 240.19b-4(f)(6)(iii). A proposed rule change filed under Rule 19b-4(f)(6) normally may not become operative prior to the 30th day after the date of filing. 10 However, Rule 19b-4(f)(6)(iii) 11 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. NYSE Arca requested that the Commission waive the 30-day operative delay and make the proposed rule change operative upon filing because the proposal is similar to rules on the Chicago Board Options Exchange and the NASDAQ Options Market, 12 raises no new issues, and will allow NYSE Arca to compete for Price Improving Orders and Quotes. For these reasons, the Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission designates the proposed rule change operative upon filing with the Commission. 13 10 *See id.* 11 *Id.* 12 *See supra* notes 5 and 6. 13 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2008-69 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2008-69. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the NYSE Arca. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2008-69 and should be submitted on or before July 30, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-15512 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-58059; File No. SR-OCC-2008-10] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the New Methodology for Adjusting Options Contracts for Cash Dividends and Distributions June 30, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on June 2, 2008, The Options Clearing Corporation (“OCC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change described in Items I, II, and III below, which items have been prepared primarily by OCC. OCC filed the proposed rule change pursuant to Section 19(b)(3)(A)(i) of the Act 2 and Rule 19b-4(f)(1) thereunder 3 so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested parties. 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78s(b)(3)(A)(i). 3 17 CFR 240.19b-4(f)(1). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change would adopt interpretative guidance relating to the new adjustment method for adjusting options contracts for cash dividends or distributions (“New Methodology”). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. OCC has prepared summaries, set forth in sections (A), (B), and

(C)below, of the most significant aspects of these statements. 4 4 The Commission has modified the text of the summaries prepared by OCC.

(A)Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change Background Generally, options are not adjusted to reflect “ordinary” cash dividends or distributions. Under OCC's existing By-Laws, which remain operative until the New Methodology becomes effective, a cash dividend is considered ordinary unless it is greater than 10% of the value of the underlying security on the dividend declaration date. Dividends greater than 10% under this definition usually trigger an options contract adjustment, with the criterion for adjustment being the size of the cash dividend. Under the New Methodology, a cash dividend or distribution will be deemed to be ordinary (regardless of size) if it is declared pursuant to a policy or practice of paying such dividends on a quarterly or other regular basis. Dividends paid outside such practice would be considered extraordinary. Extraordinary dividends usually would trigger a contract adjustment unless the amount is less than $12.50 per contract ( *i.e.* , the minimum size threshold). The New Methodology will be effective for cash dividends and distributions announced on or after February 1, 2009, but will not be applied to certain grandfathered flex options as described in File No. SR-OCC-2006-01. 5 5 Securities Exchange Act Release No. 55258 (February 8, 2007), 72 FR 7701 (February 16, 2007). Interpretative Guidance OCC's adoption of the New Methodology has prompted market participants to ask how the New Methodology would be administered and applied. The OCC Securities Committee has reviewed those questions and has developed responses thereto, which OCC is proposing to adopt as a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule ( *i.e.* , Article VI, Section 11A of OCC's By-Laws). The responses are intended to provide investors with useful guidance on how the New Methodology would be applied in practice, subject to an adjustment panel's authority to make adjustment decisions on a case-by-case basis and to make exceptions to the general adjustment rules in cases where such exceptions are determined appropriate. 6 The interpretative guidance, which is attached as Exhibit 5 to the proposed rule change, reviews the mechanics of adjustments, the definition of ordinary cash dividends and distributions, the rationale for the New Methodology, the impact of the minimum size threshold, and actual and hypothetical examples to illustrate the application of the New Methodology. 7 OCC, however, does not propose to publish the interpretative guidance in its By-Laws and Rules. Rather, it would be published on OCC's public website, made available in an information memorandum accessible to clearing members or otherwise available in hard copy form on request. 6 Adjustments are individually determined by an adjustment panel of the OCC Securities Committee. Actions of an adjustment panel constitute the action of the Securities Committee. *See* Article VI, Section 11(c) of OCC's By-Laws. 7 Exhibit 5 of the proposed rule change can be found on OCC's Web site at *http://www.theocc.com/publications/rules/proposed_changes/sr_occ_08_10.pdf* . The proposed rule change is consistent with the requirements of Section 17A of the Act 8 and the rules and regulations thereunder applicable to OCC because it provides market participants with interpretative guidance on the application of the New Methodology which will be applied to adjustments for cash dividends and distributions. The proposed rule change is not inconsistent with the existing rules of OCC, including any other rules proposed to be amended. 8 15 U.S.C. 78q-1.

(B)Self-Regulatory Organization's Statement on Burden on Competition OCC does not believe that the proposed rule change would impose any burden on competition.

(C)Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were not and are not intended to be solicited with respect to the proposed rule change, and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective upon filing pursuant to Section 19(b)(3)(A)(i) of the Act 9 and Rule 19b-4(f)(1) 10 thereunder because the proposal constitutes an interpretation with respect to the meaning, administration, or enforcement of an existing rule of OCC. At any time within sixty days of the filing of such rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 9 15 U.S.C. 78s(b)(3)(A)(i). 10 17 CFR 240.19b-4(f)(1). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ) or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-OCC-2008-10 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-OCC-2008-10. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. The text of the proposed rule change is available at OCC, the Commission's Public Reference Room, and *http://www.theocc.com/publications/rules/proposed_changes/sr_occ_08_10.pdf* . All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-OCC-2008-10 and should be submitted on or before July 30, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Acting Secretary. [FR Doc. E8-15483 Filed 7-8-08; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11288 and #11289] Wisconsin Disaster Number WI-00013 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Wisconsin (FEMA-1768-DR), dated 06/14/2008. *Incident:* Severe Storms, Tornadoes, and Flooding. *Incident Period:* 06/05/2008 and continuing. *Effective Date:* 06/20/2008. *Physical Loan Application Deadline Date:* 08/13/2008. *EIDL Loan Application Deadline Date:* 03/13/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Wisconsin, dated 06/14/2008 is hereby amended to include the following areas as adversely affected by the disaster: Primary Counties: (Physical Damage and Economic Injury Loans): Washington, Waukesha, Winnebago, Fond Du Lac, Iowa, Marquette, Grant, Kenosha, Rock, Sheboygan, Dodge, Green Contiguous Counties: (Economic Injury Loans Only): Illinois: Boone, Jo Daviess, Lake, McHenry, Stephenson, Winnebago Iowa: Dubuque Wisconsin: Calumet, Jefferson, Lafayette, Manitowoc, Outagamie, Waupaca, Waushara All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E8-15263 Filed 7-8-08; 8:45 am] BILLING CODE 8025-01-M DEPARTMENT OF STATE [Public Notice: 6285] 60-Day Notice of Proposed Information Collection: DS-234, Application for Special Immigrant Visa and Alien Registration, OMB Number 1405-0015 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget

(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* Application for Special Immigrant Visa. • *OMB Control Number:* 1405-0015. • *Type of Request:* Revision of a Currently Approved Collection. • *Originating Office:* Bureau of Consular Affairs, Department of State (CA/VO). • *Form Number:* DS-234. • *Respondents:* Iraqi immigrant visa applicants. • *Estimated Number of Respondents:* 12,000 per year. • *Estimated Number of Responses:* 12,000 per year. • *Average Hours Per Response:* 20 minutes. • *Total Estimated Burden:* 4,000 hours per year. • *Frequency:* Once per respondent. • *Obligation to Respond:* Required to Obtain or Retain U.S. resettlement benefits DATES: The Department will accept comments from the public up to 60 days from July 9, 2008. ADDRESSES: You may submit comments by the following method: • *E-mail: FiresteinJY@state.gov* (Subject line must read DS-234 SIV Form). • *Mail* (paper, disk, or CD-ROM submissions): PRM/Admissions, 2401 E Street, NW., Suite L505, SA-1, Washington, DC 20522 You must include the DS form number (DS-234), information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Jessica Firestein of the Office of Admissions, U.S. Department of State, 2401 E. Street, NW. L-505, Washington, DC 20522, who may be reached at *firesteinjy@state.gov.* SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. *Abstract of proposed collection:* Form DS-234 is being added to this collection to elicit information used to determine the eligibility of Iraqis and Afghan nationals applying for special immigrant visas. *Methodology:* The SIV Bio-data information form (DS-234) is submitted electronically by the applicant to the National Visa Center, which will forward the forms to the Refugee Processing Center of Bureau of Population, Refugees and Migration. Dated: June 28, 2008. Lawrence Bartlett, Deputy Director, Office of Admissions, Bureau of Population, Refugees and Migration, Department of State. [FR Doc. E8-15591 Filed 7-8-08; 8:45 am] BILLING CODE 4710-33-P DEPARTMENT OF STATE [Delegation of Authority No. 314] Delegation by the Deputy Secretary of State to the Under Secretary for Arms Control and International Security of Authority in Section 1821(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 By virtue of the authority vested in the Secretary of State, including Section 1 of the State Department Basic Authorities Act, as amended (22 U.S.C. 2651a), and delegated to me by Delegation of Authority 245, I hereby delegate to the Under Secretary for Arms Control and International Security, to the extent authorized by law, the function conferred on the Secretary of State in Section 1821(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007. Any act, executive order, regulation or procedure subject to, or affected by, this delegation shall be deemed to be such act, executive order, regulation or procedure as amended from time to time. Notwithstanding this delegation of authority, the Secretary, the Deputy Secretary, or the Under Secretary for Political Affairs may at any time exercise any authority or function delegated by this delegation of authority. The authority of the Under Secretary for Political Affairs is effective as long as Delegation of Authority 280, dated May 2, 2005, is in effect. This delegation of authority shall be published in the **Federal Register** . Dated: June 30, 2008. John D. Negroponte, Deputy Secretary of State, Department of State. [FR Doc. E8-15581 Filed 7-8-08; 8:45 am] BILLING CODE 4710-10-P DEPARTMENT OF TRANSPORTATION ITS Joint Program Office; Intelligent Transportation Systems Program Advisory Committee; Notice of Meeting AGENCY: Research and Innovative Technology Administration, U.S. Department of Transportation. ACTION: Notice. This notice announces, pursuant to Section 10(a)(2) of the Federal Advisory Committee Act

(FACA)(Pub. L. 72-363; 5 U.S.C. app. 2), a meeting of the Intelligent Transportation Systems

(ITS)Program Advisory Committee (ITSPAC). The meeting will be held on July 31, 2008, 1 p.m. to 5 p.m. and August 1, 2008, 8 a.m. to 1 p.m. The meeting will take place at the Courtyard by Marriott Capitol Hill/Navy Yard Hotel, 140 L Street, SE., Washington, DC 20003. The ITSPAC, established under Section 5305 of Public Law 109-59, Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, August 10, 2005, and chartered on February 7, 2008, was created to advise the Secretary of Transportation on all matters relating to the study, development and implementation of intelligent transportation systems. Through its sponsor, the ITS Joint Program Office, the ITSPAC will make recommendations to the Secretary regarding ITS program needs, objectives, plans, approaches, contents, and progress. The following is a summary of the meeting's tentative agenda. Day 1:

(1)Introductory Remarks;

(2)Crosswalk: Existing ITS Program Goals and Activities to Proposed New Program Goals and Focus Areas;

(3)RITA Administrator Remarks;

(4)USDOT World Congress Activity Update;

(5)University Transportation Centers Coordination Activities Update; and

(6)ITS Advisory Committee Advice Memorandum Update. Day 2:

(1)Agenda and Objective Review;

(2)ITS Initiatives Program Updates;

(3)General Discussion;

(4)Summary and Wrap-up; and

(5)Next Steps. Attendance is open to the public, but limited space will be available on a first come, first served basis. With the approval of Ms. Shelley Row, the Committee Designated Federal Official, members of the public may present oral statements at the meeting. Non-committee members wishing to present oral statements or obtain information should contact Ms. Marcia Pincus, the Committee Management Officer, at

(202)366-9230. Questions about the agenda or written comments may be submitted by U.S. Mail to: U.S. Department of Transportation, Research and Innovative Technology Administration, ITS Joint Program Office, Attention: Marcia Pincus, Room E33-401, 1200 New Jersey Avenue, SE., Washington, DC 20590 or faxed to

(202)493-2027. The ITS Joint Program Office requests that written comments be submitted prior to the meeting. Persons with a disability requiring special services, such as an interpreter for the hearing impaired, should contact Ms. Pincus at least seven calendar days prior to the meeting. Notice of this meeting is provided in accordance with the FACA and the General Service Administration regulations (41 CFR Part 102-3) covering management of Federal advisory committees. Issued in Washington, DC, on the 25th day of June, 2008. Shelley Row, Director, ITS Joint Program Office. [FR Doc. E8-15602 Filed 7-8-08; 8:45 am] BILLING CODE 4910-HY-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Office of Commercial Space Transportation; Notice of Availability and Request for Comment on a Draft Environmental Impact Statement

(EIS)for the Spaceport America Commercial Launch Site, Sierra County, NM AGENCY: The Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTIONS: Notice of Availability, Notice of Public Comment Period, Notice of Public Hearings, and Request for Comment. SUMMARY: In accordance with National Environmental Policy Act

(NEPA)regulations and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of and requesting comments on the Draft EIS for the Spaceport America Commercial Launch Site, Sierra County, New Mexico. The Federal Aviation Administration (FAA), Office of Commercial Space Transportation is the lead Federal agency for the development of this EIS. Cooperating agencies include the Bureau of Land Management; the National Park Service; United States Department of the Army, White Sands Missile Range (WSMR); and the National Aeronautics and Space Administration. The Draft EIS was prepared in response to an application for a launch site operator license from the New Mexico Spaceport Authority (NMSA). Under the Proposed Action, the FAA would issue a launch site operator license to NMSA to operate a launch facility capable of accommodating both horizontal and vertical launches of suborbital launch vehicles (LVs). The vehicles may carry space flight participants, scientific experiments, or other payloads. The proposed site is located in Sierra County, approximately 30 miles southeast of Truth or Consequences, New Mexico, and 45 miles north of Las Cruces, New Mexico. The Draft EIS addresses the potential environmental impacts of issuing a launch site operator license for horizontal launches only (Alternative 1), vertical launches only (Alternative 2), and the No Action Alternative. DATES: The public comment period for the NEPA process begins with the publication of the U.S. Environmental Protection Agency's notice in the **Federal Register** on July 3, 2008. To ensure that all comments can be addressed in the Final EIS, comments on the draft must be received by the FAA no later than August 18, 2008. A paper copy and a CD version of the Draft EIS may be reviewed for comment during regular business hours at the following locations: Hatch Public Library, P.O. Box 289, Hatch, NM 87937 Sunland Park Community Library, 984 McNutt Road, Bldg. F-10, Sunland Park, NM 88063 Thomas Branigan Memorial Library, 200 E Picacho Ave., Las Cruces, NM 88001 Valley Public Library, 136 N. Main, Anthony, NM 88021 Alamogordo Public Library, 920 Oregon Ave., Alamogordo, NM 88310 Mescalero Community Library, 101 Central Ave., Mescalero, NM 88340 Michael Nivision Library, 90 Swallow Place, Cloudcroft, NM 88317 Truth or Consequences Public Library, 325 Library Lane, Truth or Consequences, NM 87901 Truth or Consequences Public Library—Downtown, 401 Foch St., Truth or Consequences, NM 87901 The FAA is holding a total of six public hearings on the Draft EIS. At these meetings, the FAA will present information about the Draft EIS and the environmental review process. The purpose of the public hearings is to afford the public and other interested parties the opportunity to comment on the economic, social, and environmental effects of the Proposed Action. Members of the public will be provided the opportunity to submit both written and oral comments. The FAA will transcribe oral comments. All comments received during the comment period will be given equal weight and be taken into consideration in the preparation of the Final EIS. The public hearings will be held at the following locations. • August 5, 2008, 2 p.m. and 6:30 p.m., Alamogordo City Hall (Commission Chambers), 1376 E. Ninth St., Alamogordo, NM (505-439-4205). • August 6, 2008, 2 p.m. and 6:30 p.m., Truth or Consequences Civic Center, 400 West Fourth St., Truth or Consequences, NM (575-894-4400). • August 7, 2008, 2 p.m. and 6:30 p.m., Doña Ana County Government Center, 845 North Motel Blvd., Las Cruces, NM (575-647-7200). The FAA has posted the Draft EIS on the FAA Web site at *http://ast.faa.gov* . In addition, CDs with the Draft EIS were sent to persons and agencies on the distribution list (found in Chapter 8 of the Draft EIS). ADDRESSES: Comments regarding the Draft EIS should be mailed to FAA Spaceport America EIS, c/o ICF International, 9300 Lee Highway, Fairfax, VA 22031. Comments also can be sent by e-mail to *SpaceportAmericaEIS@icfi.com* or fax to

(703)934-3951. ADDITIONAL INFORMATION: Under the Proposed Action, the FAA would issue a launch site operator license to NMSA that would allow the State to operate the proposed Spaceport America Commercial Launch Site for both horizontal and vertical suborbital LV launches. Horizontal LVs would launch and land at the proposed Spaceport America airfield. Vertical LVs would launch from Spaceport America and either land at Spaceport America or at WSMR. Rocket-powered vertical landing vehicles would land on either the Spaceport America airfield or a vertical launch/landing pad. In addition, the Proposed Action includes construction of facilities needed to support the licensed launch activities at the proposed launch site. Development of Spaceport America infrastructure would occur in two phases. The total area of land disturbed by construction would be approximately 970 acres; the total area of the final facilities footprint would be approximately 145 acres. The proposed Spaceport America boundary would encompass approximately 26 square miles. This area currently contains both State and private land. Operational activities in support of the Proposed Action would begin as soon as the phased construction activities related to the Proposed Action were completed. The operational activities that may have environmental consequences and would support, either directly or indirectly, licensed launches include: • Transport of Launch Vehicles to the Assembly or Staging Areas. • Transport and Storage of Rocket Propellants and Other Fuels. • Launch, Landing and Recovery Activities for Horizontal Vehicles. • Launch, Landing and Recovery Activities for Vertical Vehicles. • Other Activities. —Ground-Based Tests and Static Firings. —Training. —X Prize Cup Events. The FAA identified two alternatives and the No Action Alternative to the Proposed Action, which are considered in the draft EIS. Under Alternative 1, the FAA would consider issuing a launch site operator license only for the operation of a launch site to support horizontal launches. This is considered a feasible alternative because a significant number of launches of horizontal LVs are projected, and most X Prize Cup activities would be located at the airfield. Under Alternative 2, the FAA would consider issuing a launch site operator license only for the operation of a launch site to support vertical launches. This is considered a feasible alternative because a significant number of launches are projected to be of vertical LVs. Under the No Action Alternative, the FAA would not issue a launch site operator license to the NMSA. Subsequently, the need to support commercial launches and host the X Prize Cup would not be met by the State of New Mexico. Resource areas were considered to provide a context for understanding and assessing the potential environmental effects of the Proposed Action, with attention focused on key issues. The resource areas considered included compatible land use; Section 4(f) lands and farmlands; noise; visual resources and light emissions; historical, architectural, archaeological, and cultural resources; air quality; water quality, wetlands, wild and scenic rivers, coastal resources, and floodplains; fish, wildlife, and plants; hazardous materials, pollution prevention, and solid waste; socioeconomics, environmental justice, and children's environmental health and safety risks; and energy supply and natural resources. Construction impacts and secondary (induced) impacts are also considered. Additional analyses considered in the appendices include geology and soils; mineral resources; air space; health and safety; and transportation. FOR FURTHER INFORMATION CONTACT: Stacey M. Zee (AST-100), Office of Commercial Space Transportation, 800 Independence Avenue, SW., Room 331, Washington, DC 20591, telephone

(202)267-9305; E-mail *stacey.zee@faa.gov* . Issued in Washington, DC on July 2, 2008. Michael McElligott, Manager, Space Systems Development Division. 1 [FR Doc. E8-15545 Filed 7-8-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE-2008-25] Petitions for Exemption; Summary of Petitions Received AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petitions for exemption received. SUMMARY: This notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition. DATES: Comments on petitions received must identify the petition docket number involved and must be received on or before July 21, 2008. ADDRESSES: You may send comments identified by Docket Number FAA-2006-25466 using any of the following methods: • *Government-wide Rulemaking Web Site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590. • *Fax:* Fax comments to the Docket Management Facility at 202-493-2251. • *Hand Delivery:* Bring comments to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Docket:* To read background documents or comments received, go to *http://www.regulations.gov* at any time or to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. Using the search function of our docket Web Site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). FOR FURTHER INFORMATION CONTACT: Tyneka Thomas

(202)267-7626 or Frances Shaver

(202)267-9681, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on July 2, 2008. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petitions for Exemption *Docket No.:* FAA-2006-25466. *Petitioner:* Southwest Airlines Co. *Section of 14 CFR Affected:* §§ 121.391(a) and 121.393(b). *Description of Relief Sought:* To clarify or amend Southwest Airlines, Co. (Southwest), current Exemption No. 9382, which allows Southwest to substitute a pilot for one required flight attendant crewmember during boarding at an intermediate stop and to reduce the number of required flight attendants onboard during the deplaning of passengers at an intermediate stop. The clarification or amendment Southwest seeks would broaden the exemption to include all stops from the time the aircraft door is opened upon arrival at the gate until the door is closed prior to the next flight operation. Southwest also requests that the certificate holder may substitute for the required flight attendants other persons qualified in the emergency evacuation procedures for that aircraft as required in § 121.417, for all stops, if these persons are identified to the passengers. [FR Doc. E8-15481 Filed 7-8-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration First Tier Environmental Impact Statement: Jackson County, MO AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of intent. SUMMARY: The FHWA is issuing this notice to advise the public that a First Tier Environmental Impact Statement

(EIS)will be prepared for proposed improvements to I-70 from the end of the last ramp termini east of the Missouri and Kansas state line to east of the I-470 interchange, including the entire Kansas City Downtown Central Business District

(CBD)Freeway Loop, in Jackson County, Missouri. FOR FURTHER INFORMATION CONTACT: Ms. Peggy J. Casey, Environmental Projects Engineer, FHWA Division Office, 3220 West Edgewood, Suite H, Jefferson City, MO 65109, Telephone:

(573)636-7104; or Mr. Kevin Keith, Chief Engineer, Missouri Department of Transportation, P.O. Box 270, Jefferson City, MO 65102, Telephone:

(573)751-2803. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the Missouri Department of Transportation (MoDOT), will prepare a First Tier EIS to consider the impacts of improvements to I-70 from the end of the last ramp termini east of the Missouri and Kansas state line to east of the I-470 interchange, including the entire Kansas City downtown CBD freeway loop, in Jackson County, Missouri. The project length is approximately 18 miles (20 miles with freeway loop segments). MoDOT, in partnership with Mid-America Regional Council (MARC), and the Kansas City Area Transportation Authority (KCATA), completed a Major Investment Study

(MIS)for the I-70 corridor in Jackson County in November, 2004. The MIS evaluated the I-70 corridor in a general nature and recommended an improvement strategy that would reconstruct and widen the existing facility from Kansas City's downtown CBD freeway loop to the Route F/H interchange in Oak Grove, Missouri. This strategy also included redesigning access and interchanges for the entire CBD freeway loop. FHWA and MoDOT are now preparing a First Tier EIS to develop an improvement strategy for the highway elements of the I-70 corridor, using the MIS Statement of Purpose and Need and Strategy Packages as the foundation. The First Tier EIS will coordinate with completed and ongoing studies. These studies include the I-70 Transit Alternatives Analysis; the Kansas City, Missouri's Downtown CBD Study; the I-29/I-35 Paseo Bridge Corridor EIS; the I-470 Purpose and Need study; and the I-70 Supplemental EIS study. Strategies to be considered include

(1)no build;

(2)highway widening and interchange improvement strategies; and

(3)transportation system management options. The First Tier EIS will seek to determine sections of independent utility over this 18-mile stretch of I-70 that will become the basis for second tier environmental studies (20 miles with the freeway loop segments). The First Tier EIS will conform to the environmental review process as established in Section 6002 of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Section 6002 environmental review process requires the following activities: Identification and invitation of cooperating and participating agencies; establishment of a coordination plan; and opportunities for additional agency and public comment on the project's purpose and need, strategies, and methodologies for determining impacts. As part of the scoping process, an interagency coordination meeting will be held with federal and state resource agencies and local agencies. In addition, informational meetings with the public and community representatives will be held to solicit input on the project. The Study Management Team from the I-70 MIS will be re-established and will consist of agency staff from MoDOT, MARC, KCAT, and other identified local participating agencies. A location public hearing will be held to present the findings of the Draft First Tier EIS. Public notice will be given announcing the time and place of all public meetings and the hearing. The Draft First Tier EIS will be available for public and agency review and comment prior to the public hearing. To ensure that the full range of issues related to this proposed action is addressed and all significant issues are identified, comments and suggestions are invited from all interested parties. Comments and questions concerning this proposed action and the First Tier EIS should be directed to the FHWA or MoDOT at the addresses provided above. Concerns in the study area include potential impacts to communities, cultural resources, and rivers. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Issued on: June 27, 2008. Peggy J. Casey, Environmental Project Engineer, Jefferson City. [FR Doc. E8-15611 Filed 7-8-08; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. Time and Date: August 7, 2008, 12 noon to 3 p.m., Eastern Daylight Time. Place: This meeting will take place telephonically. Any interested person may call Mr. Avelino Gutierrez at

(505)827-4565 to receive the toll free number and pass code needed to participate in these meetings by telephone. Status: Open to the public. Matters to be Considered: The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board. FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at

(505)827-4565. Dated: July 2, 2008. William A. Quade, Associate Administrator for Enforcement and Program Delivery. [FR Doc. 08-1426 Filed 7-7-08; 2:54 pm]

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