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Code · REGISTER · 2008-07-15 · Federal Trade Commission (“Commission” or “FTC”) · Notices

Notices. Notice

58,806 words·~267 min read·/register/2008/07/15/08-1434

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

BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies.
Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. 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 the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 30, 2008. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Country Bancorporation, Crawfordsville, Iowa;* to continue to engage in extending credit and servicing loans pursuant to section 225.28(b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, July 10, 2008.
Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-16097 Filed 7-14-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION Franchise Rule Information Collection Activities; Proposed Collection; Comment Request AGENCY: Federal Trade Commission (“Commission” or “FTC”). ACTION: Notice. SUMMARY: The information collection requirements described below will be submitted to the Office of Management and Budget (“OMB”) for review, as required by the Paperwork Reduction Act (“PRA”).
The FTC is seeking public comments on its proposal to extend through October 31, 2011, the current PRA clearance for information collection requirements contained in its Trade Regulation Rule on Disclosure Requirements and Prohibitions Concerning Franchising (“Franchise Rule”). That clearance expires on October 31, 2008. DATES: Comments must be submitted on or before September 15, 2008. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “16 CFR Part 436, Paperwork Comment, FTC File No.
R511003” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope and should be mailed or delivered to the following address: Federal Trade Commission, Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Because paper mail in the Washington area and at the FTC is subject to delay, please consider submitting your comments in electronic form, as prescribed below.
If, however, the comment contains any material for which confidential treatment is requested, the comment must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 1 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record.
The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). Comments filed in electronic form should be submitted by following the instructions on the web-based form at: ( *https://secure.commentworks.com/ftc-franchiserule.* ) To ensure that the Commission considers an electronic comment, you must file it on the web-based form at ( *https://secure.commentworks.com/ftc-franchiserule.* ) You may also visit *http://www.regulations.gov* to read this notice, and may file an electronic comment through that website.
The Commission will consider all comments that *www.regulations.gov* forwards to it. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC website, to the extent practicable, at *www.ftc.gov* . As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website.
More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy at ( *http://www.ftc.gov/ftc/privacy.shtm* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the proposed information requirements for the Franchise Rule should be addressed to Craig Tregillus, Staff Attorney, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, Room H-238, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580,
(202)326-2970. SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing paperwork clearance for the Franchise Rule, 16 CFR Part 436 (OMB Control Number 3084-0107). The FTC invites comments on:
(1)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)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;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on 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. The Franchise Rule ensures that consumers who are considering a franchise investment have access to the material information they need to make an informed investment decision provided in a format that facilitates comparisons of different franchise offerings. The Rule requires that franchisors disclose this information to consumers and maintain records to facilitate enforcement of the Rule. Revisions to the Rule promulgated on March 30, 2007, 2 which took final effect on July 1, 2008, after a one-year phase-in, largely merged the Rule’s disclosure requirements with the Uniform Franchise Offering Circular (“UFOC”) disclosure format accepted by 15 states that have franchise registration and disclosure laws. This should significantly minimize any compliance burden beyond what is now required by state law. 2 72 FR 15444 *et seq.* As amended, the Rule requires franchisors to furnish to prospective purchasers a disclosure document that provides information relating to the franchisor, its business, the nature of the proposed franchise, and any representations by the franchisor about financial performance regarding actual or potential sales, income, or profits made to a prospective franchise purchaser. The franchisor must preserve materially different copies of its disclosures and franchise agreements, as well as information that forms a reasonable basis for any financial performance representation it elects to make. These requirements are subject to the PRA, and for which the Commission seeks to extend existing clearance. 3 3 The current clearance under OMB Control Number 3084-0107 covers the disclosure and recordkeeping requirements of the original Franchise Rule, 16 CFR Part 436, which applied both to the sale of franchises and of business opportunity ventures. The disclosure and recordkeeping requirements applicable to business opportunity ventures are now separately set forth in 16 CFR Part 437, and are covered under recently assigned OMB Control Number 3084-0142. The portion of the prior clearance applicable to business format franchisors under Part 436 retains the pre-existing OMB Control Number 3084-0107. Estimated annual hours burden: 16,750 hours Based on a review of trade publications and information from state regulatory authorities, staff believes that, on average, from year to year, there are approximately 2,500 sellers of franchises covered by the Rule, with perhaps about 10% of that total reflecting an equal amount of new and departing business entrants. 4 Staff’s burden hour estimate reflects the incremental burden that part 436 may impose beyond the information and recordkeeping requirements imposed by state law and/or followed by franchisors who have been using the UFOC disclosure format nationwide. 5 This estimate likely overstates the actual incremental burden because some franchisors, for various reasons, may not be covered by the Rule ( *e.g.* , they sell only franchises that qualify for the Rule’s large franchise investment exemption of at least $1 million). 6 4 This is one-half of the number used in the 2005 clearance request, when both franchises and busienss opportunities were covered by the Rule, and reflects the fact that business opportunities are now separately covered by Part 437 and a separate OMB clearance. This number appears to be consistent with the number of business format franchise offerings registered in compliance with state franchise laws, and listed in franchise directories. 5 Staff estimates that about 95 percent of all franchisors use the UFOC format because the original Franchise Rule authorized use of the UFOC in lieu of the Rule disclosure format to satisfy the Rule’s disclosure requirements in order to reduce compliance burdens. 6 16 CFR 436.8(a)(5). This exemption was added by the amended Rule. For October 31, 2008 to October 31, 2009, the first twelve months of prospective 3-year renewed PRA clearance, staff estimates that the average annual disclosure burden to update existing disclosure documents will be three hours each year for the 2,250 established franchisors, or 6,750 hours (3 x 2,250), and 30 hours each year for the 250 or so new entrant franchisors to prepare their initial disclosure documents, or 7,500 hours (30 x 250). These estimates for the amended Rule are based on staff’s prior estimates for the original Rule, and further adopt the analysis of the 2005 clearance request and the Statement of Basis and Purpose (“SBP”) for the amended Rule. 7 7 70 FR 28937, 28940 (May 19, 2005); 70 FR 51817, 51819 (Aug. 31, 2005) (“2005 Notices”); 72 FR 15444, 15542 (Mar. 30, 2007). Although the 2005 Notices and the amended Rule’s SBP assumed that additional time (cumulatively, 2,750 hours) would be required to prepare disclosures during the transition to compliance with the amended Rule, the one-year transition period ended on July 1, 2008, when the amended Rule took full effect. As discussed in the 2005 Notices and the SBP, as under the original Rule, covered franchisors also may need to maintain additional documentation for the sale of franchises in non-registration states, which could take up to an additional hour of recordkeeping per year. This yields an additional cumulative total of 2,500 hours per year for covered franchisors (1 hour x 2,500 franchisors). Part 436 of the amended Rule would also increase franchisors’ recordkeeping obligations. Specifically, a franchisor would be required to retain copies of receipts for disclosure documents, as well as materially different versions of its disclosure documents. Such recordkeeping requirements, however, are consistent with, or less burdensome, than those imposed by the states. Thus, staff estimates the average hours burden for new and established franchisors during the three-year clearance period ahead would be 16,750 ((30 hours of annual disclosure burden x 250 new franchisors = 7,500 hours) + (3 hours of average annual disclosure burden x 2,250 established franchisors = 6,750 hours) + (1 hour of annual recordkeeping burden x 2,500 franchisors = 2,500 hours)). Estimated annual labor cost burden for part 436: $3,595,000 Labor costs are derived by applying appropriate hourly cost figures to the burden hours described above. The hourly rates used below are estimated averages. As stated in the 2005 Notices, staff believes that an attorney will prepare the disclosure document, and at an estimated $250 per hour. Accordingly, staff estimates that 250 new franchisors will each annually incur $7,500 in labor costs (30 hours x $250 per hour) and 2,250 established franchisors will each incur $750, annually, in labor costs (3 hours x $250 per hour). Further, staff anticipates that recordkeeping under part 436 will be performed by clerical staff at approximately $13 per hour. Thus, 2,500 hours of recordkeeping burden per year for all covered franchisors will amount to a total annual labor cost of $32,500. Cumulatively, then, total estimated labor costs under part 436 is $3,595,000 (($7,500 attorney costs x 250 new franchisors = $1,875,000) + ($750 attorney costs x 2,250 established franchisors =$1,687,500) + ($13 clerical costs x 2,500 franchisors = $32,500)). Estimated non-labor costs for part 436: $8,000,000 As an initial matter, in developing cost estimates, Commission staff consulted with practitioners who prepare disclosure documents for a cross-section of franchise systems. Accordingly, the Commission believes that its cost estimates are representative of the costs incurred by franchise systems generally. In addition, many franchisors establish and maintain websites for ordinary business purposes, including advertising their goods or services and to facilitate communication with the public. Accordingly, any costs franchisors would incur specifically as a result of electronic disclosure under part 436 appear to be minimal. As set forth in the 2005 Notices, staff estimates that the non-labor burden incurred by franchisors under part 436 will differ based on the length of the disclosure document and the number of disclosure documents produced. Staff estimates that 2,000 franchisors (80% of total franchisors covered by the Rule) will print and mail 100 disclosure documents at $35 each. Thus, these franchisors will each incur $3,500 in printing and mailing costs. Staff estimates that the remaining 20% of covered franchisors
(500)will transmit 50% of their 100 disclosure documents electronically, at $5 per electronic disclosure. Thus, these franchisors will each incur $2,000 in distribution costs (($250 for electronic disclosure [$5 for electronic disclosure x 50 disclosure documents]) + ($1,750 for printing and mailing [$35 for printing and mailing x 50 disclosure documents])). Accordingly, the cumulative annual non-labor costs for part 436 of the amended Rule is approximately $8,000,000 (($3,500 printing and mailing costs x 2,000 franchisors = $7,000,000) + ($250 electronic distribution costs + $1,750 printing and mailing costs) x 500 franchisors = $1,000,000)). William Blumenthal General Counsel [FR Doc. E8-16092 Filed 7-15-08: 8:45 am] [BILLING CODE 6750-01-S] DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention
(CDC)National Institute for Occupational Safety and Health (NIOSH) Advisory Board on Radiation and Worker Health (ABRWH or Advisory Board) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention announces the following committee meeting: *Name:* Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health. *Audio Conference Call Time And Date:* 11 a.m.-4 p.m., EDT, Tuesday, August 5, 2008. *Place:* Audio Conference Call via FTS Conferencing. The USA toll free dial in number is 1-866-659-0537 with a pass code of 9933701. *Status:* Open to the public, but without a public comment period. *Background:* The Advisory Board was established under the Energy Employees Occupational Illness Compensation Program Act of 2000 to advise the President on a variety of policy and technical functions required to implement and effectively manage the new compensation program. Key functions of the Advisory Board include providing advice on the development of probability of causation guidelines which have been promulgated by the Department of Health and Human Services
(HHS)as a final rule, advice on methods of dose reconstruction which have also been promulgated by HHS as a final rule, advice on the scientific validity and quality of dose estimation and reconstruction efforts being performed for purposes of the compensation program, and advice on petitions to add classes of workers to the Special Exposure Cohort (SEC). In December 2000, the President delegated responsibility for funding, staffing, and operating the Advisory Board to HHS, which subsequently delegated this authority to the CDC. NIOSH implements this responsibility for CDC. The charter was issued on August 3, 2001, renewed at appropriate intervals, most recently, August 3, 2007, and will expire on August 3, 2009. *Purpose:* This Advisory Board is charged with
(a)Providing advice to the Secretary, HHS, on the development of guidelines under Executive Order 13179;
(b)providing advice to the Secretary, HHS, on the scientific validity and quality of dose reconstruction efforts performed for this program; and
(c)upon request by the Secretary, HHS, advising the Secretary on whether there is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is reasonable likelihood that such radiation doses may have endangered the health of members of this class. *Matters to be Discussed:* The agenda for the conference call includes: Special Exposure Cohort
(SEC)Petition Status Updates; Updates from the Subcommittee on Dose Reconstruction and Work Groups; Update on selection of the Board's contractor; Future Plans; and Status of transcripts and minutes. The agenda is subject to change as priorities dictate. Because there is not a public comment period, written comments may be submitted. Any written comments received will be included in the official record of the meeting and should be submitted to the contact person below well in advance of the meeting. *Contact Person for More Information:* Zaida Burgos, Committee Management Specialist, NIOSH, CDC, 1600 Clifton Road, Atlanta, Georgia 30033, Telephone
(404)498-2548 e-mail: *zab6@cdc.gov.* Toll Free 1-800-CDC-INFO, e-mail *ocas@cdc.gov.* The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: July 8, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-16065 Filed 7-14-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2007-P-0326] Determination That SANOREX (Mazindol) Tablets 1 and 2 Milligrams Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing its determination that SANOREX (mazindol) Tablets, 1 and 2 milligrams (mg), were not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for mazindol tablets if all other legal and regulatory requirements are met. FOR FURTHER INFORMATION CONTACT: Carol E. Drew, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6306 Silver Spring, MD 20993-0002, 301-796-3601. SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA applicants must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA). The only clinical data required in an ANDA are data to show that the drug that is the subject of the ANDA is bioequivalent to the listed drug. The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is known generally as the “Orange Book.” Under FDA regulations, drugs are removed from the list if the agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness, or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162). Regulations also provide that the agency must make a determination as to whether a listed drug was withdrawn from sale for reasons of safety or effectiveness before an ANDA that refers to that listed drug may be approved (§ 314.161(a)(1) (21 CFR 314.161(a)(1))). FDA may not approve an ANDA that does not refer to a listed drug. On August 20, 2007, AAIPharma submitted a citizen petition (Docket No. 2007P-0326/CP1) to FDA under 21 CFR 10.30. The petition requests that the agency determine whether SANOREX (mazindol) Tablets, 1 and 2 mg (NDA 17-247), manufactured by Novartis Pharmaceuticals Corp. (Novartis), were withdrawn from sale for reasons of safety or effectiveness. SANOREX is approved for the management of exogenous obesity as a short term adjunct in a regimen of weight reduction based on caloric restriction in certain patients. SANOREX Tablets were approved on June 14, 1973. SANOREX Tablets were discontinued in 1999, and the drug product was moved from the prescription drug product list to the “Discontinued Drug Product List” section of the Orange Book. FDA has reviewed its records and, under § 314.161, has determined that SANOREX Tablets, 1 and 2 mg, were not withdrawn from sale for reasons of safety or effectiveness. The petitioner identified no data or other information suggesting that SANOREX Tablets, 1 and 2 mg, were withdrawn for reasons of safety or effectiveness. FDA has independently evaluated relevant literature and data for possible postmarketing adverse events and has found no information that would indicate that this product was withdrawn from sale for reasons of safety or effectiveness. Accordingly, the agency will continue to list SANOREX Tablets 1 and 2 mg in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” delineates, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness. ANDAs that refer to SANOREX (mazindol) Tablets, 1 and 2 mg, may be approved by the agency if all other legal and regulatory requirements for the approval of ANDAs are met. If FDA determines that labeling for this drug product should be revised to meet current standards, the agency will advise ANDA applicants to submit such labeling. Dated: July 3, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-15998 Filed 7-14-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2008-N-0356] Global Harmonization Task Force, Study Groups 1 and 3; Proposed and Final Documents; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of final and proposed documents that have been prepared by Study Groups 1 and 3 of the Global Harmonization Task Force (GHTF), respectively. These documents represent a harmonized proposal and recommendation from the GHTF Study Groups that may be used by governments developing and updating their regulatory requirements for medical devices. These documents are intended to provide information only and do not describe FDA's current regulatory requirements; elements of these documents may not be consistent with current U.S. regulatory requirements. In particular, FDA seeks comments on the advantages and disadvantages of the approaches in the GHTF documents, particularly where they are not consistent with current practices for the manufacturer of products distributed within the United States. DATES: Submit written or electronic comments on these documents by October 14, 2008. After October 14, 2008, written comments or electronic comments may be submitted at any time to the contact persons listed in this document. ADDRESSES: Submit written requests for single copies of these documents to the Division of Small Manufacturers, International, and Consumer Assistance (HFZ-220), Center for Devices and Radiological Health, Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 240-276-3151. See the Supplementary Information section for information on electronic access to the documents. Submit written comments concerning these documents to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.reguations.gov* . Identify comments with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: *For information regarding Study Group 1* : Ginette Y. Michaud, Chairperson, GHTF, Study Group 1, Office of Device Evaluation, Center for Devices and Radiological Health (HFZ-480), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240-276-3700. *For information regarding Study Group 3* : Kimberly Trautman, GHTF, Study Group 3, Office of Compliance, Center for Devices and Radiological Health (HFZ-340), Food and Drug Administration, 2094 Gaither Rd., Rockville, MD 20850, 240-276-0296. SUPPLEMENTARY INFORMATION: I. Background FDA has participated in a number of activities to promote the international harmonization of regulatory requirements. In September 1992, a meeting was held in Nice, France by senior regulatory officials to evaluate international harmonization. This meeting led to the development of the organization now known as the GHTF to facilitate harmonization. Subsequent meetings have been held in various locations throughout the world. The GHTF is a voluntary group of representatives from national medical device regulatory authorities and the regulated industry. Since its inception, the GHTF has been comprised of representatives from five founding members grouped into three geographical areas: Europe, Asia-Pacific, and North America, each of which actively regulates medical devices using their own unique regulatory framework. The objective of the GHTF is to encourage convergence at the global level of regulatory systems of medical devices to facilitate trade while preserving the right of participating members to address the protection of public health by regulatory means considered most suitable. One of the ways this objective is achieved is by identifying and developing areas of international cooperation to facilitate progressive reduction of technical and regulatory differences in systems established to regulate medical devices. In an effort to accomplish these objectives, the GHTF formed five study groups to draft documents and carry on other activities designed to facilitate global harmonization. This notice relates to documents that have been developed by two of the Study Groups (1 and 3). Study Group 1 was initially tasked with the responsibility of identifying differences between various regulatory systems. In 1995, the group was asked to propose areas of potential harmonization for premarket device regulations and possible guidelines that could help lead to harmonization. As a result of its efforts, this group has developed final document GHTF/SG1/N011:2008. GHTF/SG1/N011:2008 “Summary Technical Documentation for Demonstrating Conformity to the Essential Principles of Safety and Performance of Medical Devices (STED)” is intended to provide information on the content of the STED to be assembled and submitted to a Regulatory Authority
(RA)or Conformity Assessment Body
(CAB)for premarket review, and for use postmarket to assess continuing conformity to GHTF Study Group 1's document, GHTF/SG1/N41R9:2005, “Essential Principles of Safety and Performance.” Study Group 3 was initially tasked with the responsibility of developing documents on Quality Systems. As a result of their efforts, this group has developed proposed document SG3(PD)N17R7. The proposed document SG3(PD)N17R7 entitled, “Quality Management System—Medical Devices—Guidance on the Control of Products and Services Obtained From Suppliers” provides information for medical device manufacturers on control of products and services obtained from suppliers. II. Significance of Documents These documents represent recommendations from the GHTF study groups and do not describe regulatory requirements. FDA is making these documents available so that industry and other members of the public may express their views and opinions. In particular, FDA seeks comments on the advantages and disadvantages of the approaches in the GHTF documents, particular where they are not consistent with current practices for the manufacturer of products distributed in the United States. III. Electronic Access Persons interested in obtaining a copy of these documents may do so by using the Internet. The Center for Devices and Radiological Health
(CDRH)maintains an entry on the Internet for easy access to information including text, graphics, and files that may be downloaded to a personal computer with Internet access. Updated on a regular basis, the CDRH home page includes device safety alerts, **Federal Register** reprints, information on premarket submissions (including lists of approved applications and manufacturers' addresses), small manufacturer's assistance, information on video conferencing and electronic submissions, Mammography Matters, and other device-oriented information. Information on the GHTF may be accessed at *http://www.ghtf.org* . The CDRH Web site may be accessed at *http://www.fda.gov/cdrh* . IV. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ), written or electronic comments regarding these documents. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA only through FDMS at *http://www.regulations.gov* . Dated: July 8, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8-16000 Filed 7-14-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2005-D-0157] (formerly Docket No. 2005D-0286) Guidance for Industry: Current Good Manufacturing Practice for Phase 1 Investigational Drugs; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the availability of a document entitled “Guidance for Industry: CGMP for Phase 1 Investigational Drugs” dated July 2008. The guidance provides assistance in applying relevant current good manufacturing practice
(CGMP)requirements of the Federal Food, Drug, and Cosmetic Act (the act) to the manufacture of most investigational new drugs, including biological drugs, used in phase 1 clinical trials. FDA is issuing this guidance concurrently with a final rule published elsewhere in this issue of the **Federal Register** specifying that compliance with FDA's CGMP regulations is not required for most investigational drugs that are manufactured for use in phase 1 clinical trials. Therefore, FDA is recommending the approaches outlined in this guidance for complying with the statutory CGMP requirements in the act. The guidance announced in this notice finalizes the draft guidance entitled “INDs—Approaches to Complying with CGMP During Phase 1” dated January 2006. DATES: Submit written or electronic comments on agency guidances at any time. ADDRESSES: Submit written requests for single copies of the guidance to the Division of Drug Information (HFD-240), Center for Drug Evaluation and Research, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, or the Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448. Send one self-addressed adhesive label to assist the office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 301-827-1800. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document. Submit written comments on the guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Monica Caphart, Center for Drug Evaluation and Research (HFD-320), Food and Drug Administration, 11919 Rockville Pike, Rockville, MD 20852, 301-827-9047, or Christopher Joneckis, Center for Biologics Evaluation and Research (HFM-1), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448, 301-827-5000. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a document entitled “Guidance for Industry: CGMP for Phase 1 Investigational Drugs” dated July 2008. This guidance provides assistance in applying CGMP required under section 501(a)(2)(B) of the act (21 U.S.C. 351(a)(2)(B)) in the manufacture of most investigational new drugs used in phase 1 clinical trials (phase 1 investigational drugs). The guidance is being issued concurrently with a final rule that specifies that the manufacture of most investigational new drugs manufactured for use in phase 1 clinical trials do not have to comply with the specific regulatory requirements in part 211 (21 CFR part 211). Because a phase 1 clinical trial initially introduces an investigational new drug into human subjects, appropriate CGMP helps ensure subject safety. This guidance applies, as part of CGMP, quality control principles to the manufacture of phase 1 investigational drugs (i.e., interpreting and implementing CGMP consistent with good scientific methodology), which foster CGMP activities that are more appropriate for phase 1 clinical trials, improve the quality of phase 1 investigational drugs, and facilitate the initiation of investigational clinical trials in humans while continuing to protect trial subjects. For the manufacture of phase 1 investigational drugs described in this guidance (see section III of the guidance), this guidance will replace the guidance issued in 1991 (56 FR 7048, February 21, 1991) entitled “Preparation of Investigational New Drug Products (Human and Animal)” (the 1991 guidance). However, the 1991 guidance still applies to the manufacture of investigational new products (human and animal) used in phase 2 and phase 3 clinical trials. In the **Federal Register** of January 17, 2006 (71 FR 2552), FDA announced the availability of the draft guidance entitled “INDs—Approaches to Complying with CGMP During Phase 1” dated January 2006. FDA received a moderate number of comments on the draft guidance and those comments were considered as the guidance was finalized. The guidance announced in this notice finalizes the draft guidance dated January 2006. The guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents FDA's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. II. Paperwork Reduction Act of 1995 This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in this guidance for part 211 have been approved under OMB control number 0910-0139. III. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding the guidance. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. A copy of the guidance and received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA only through FDMS at *http://www.regulations.gov* . IV. Electronic Access Persons with access to the Internet may obtain the guidance at *http://www.fda.gov/cder/guidance/index.htm* , *http://www.fda.gov/cber/guidelines.htm* , or *http://www.regulations.gov* . Dated: July 9, 2008. Jeffrey Shuren, Associate Comissioner for Policy and Planning. [FR Doc. E8-16002 Filed 7-14-08; 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. Neutralization of Hepatitis C Virus
(HCV)*Description of Technology:* Available for licensing and commercial development are anti-hepatitis C virus
(HCV)vaccines, therapeutics and inhibitors. The invention is based on mapping studies conducted by the inventors of two epitopes within HCV E2: epitope I and epitope II. It has been discovered that epitope I is involved in virus neutralization but that epitope II mediates antibody interference; probably an adaptation of the virus to obfuscate the immune system. The present invention provides compositions and methods for treating and or preventing HCV infection caused by HCV. The invention is directed to a HCV E2 polypeptide substitution of amino acids LFY of the skein LFY in epitope II. In certain embodiments, the invention is directed to a HCV E2 polypeptide deletion of amino acids LFY of the skein LFY in epitope II. In additional embodiments, the invention is directed to a HCV E2 polypeptide addition of amino acids between LFY of the skein LFY in epitope II. The above are directed to attenuating or disabling the interference effect of HCV-E2 epitope II. In additional embodiments, the invention is directed to use of epitope II as a molecular decoyant. In further embodiments, the invention is directed to use of epitope II to affinity purify an immune globulin to deplete interfering antibodies from and enrich neutralizing antibodies in the preparation. *Applications:* Antiviral; Hepatitis C Virus
(HCV)therapy. *Inventors:* Pei Zhang, Marian Major, Stephen Feinstone (FDA). *Publications:* 1. P Zhang et al. Hepatitis C virus epitope-specific neutralizing antibodies in Igs prepared from human plasma. Proc Natl Acad Sci USA. 2007 May 15;104(20):8449-8454. 2. MY Yu et al. Neutralizing antibodies to hepatitis C virus
(HCV)in immune globulins derived from anti-HCV-positive plasma. Proc Natl Acad Sci USA. 2004 May 18;101(20):7705-7710. *Patent Status:* U.S. Provisional Application No. 61/002,031 filed 06 Nov 2007 (HHS Reference No. E-276-2007/0-US-01). *Licensing Status:* Available for licensing. *Licensing Contact:* RC Tang, JD, LLM; 301-435-5031; *tangrc@mail.nih.gov.* *Collaborative Research Opportunity:* The FDA Center for Biologics Evaluation and Research, Laboratory of Plasma Derivatives, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. Please contact Michelle Hawley at 301-827-1991 or *michelle.hawley@fda.hhs.gov* for more information. Treatment of Skin Conditions Using DKK1 *Description of Technology:* This invention discloses a method for inducing non-palmoplantar skin (skin of the trunk, arms, and face etc.) to develop characteristics of palmoplantar skin (skin of the soles and palms). This effect is achieved by use of Dickkopf 1 (DKK1), a protein which is highly expressed by palmoplantar fibroblasts and is a known antagonist of the Wnt signaling pathway. Topical application of DKK1 to non-palmoplantar skin induces the development of increased skin thickness, decreased pigmentation, and decreased hair growth. These characteristics are desirable for treating several dermatological conditions. The skin thickening caused by topical application of DKK1 can be useful for skin grafts, and skin ulcers or abrasions. Decreased skin pigmentation, experimentally achieved by either topical or in vitro application of DKK1, may be desirable for conditions such as uneven skin pigmentation, pigmented birthmarks, or post inflammatory pigmentation. Suppressed hair growth may be cosmetically desirable for some areas of the skin, and in conditions such hypertrichosis, adrenal hyperplasia, or polycystic ovarian syndrome. DKK1 treatment may also be important for treating or preventing certain melanomas which involve hyperplastic or pre-malignant lesions. *Applications:* Useful for skin grafts, skin ulcers, skin abrasions, fragrance dermatitis, vitiligo, etc.; Treatment of several conditions which require decreased skin pigmentation; Decreased hair growth for cosmetic or therapeutic purposes. *Development Status:* Early stage. *Inventors:* Vincent J. Hearing et al. (NCI). *Publication:* Y Yamaguchi, T Passeron, T Hoashi, H Watabe, F Rouzaud, K Yasumoto, T Hara, C Tohyama, I Katayama, T Miki, VJ Hearing. Dickkopf 1
(DKK1)regulates skin pigmentation and thickness by affecting Wnt/β-catenin signaling in keratinocytes. FASEB J. 2008 Apr;22(4):1009-1020. *Patent Status:* U.S. Provisional Application No. 60/873,874 filed 07 Dec 2006 (HHS Reference No. E-321-2006/0-US-01). PCT Application No. PCT/US2007/086855 filed 07 Dec 2007 (HHS Reference No. E-321-2006/0-PCT-02). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Jasbir (Jesse) S. Kindra, J.D., M.S.; 301-435-5170; *kindraj@mail.nih.gov.* *Collaborative Research Opportunity:* The National Cancer Institute Laboratory of Cell Biology is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize the use of DKK1 or a bioactive fragment of DKK1 to treat abnormal pigmentation of the skin or to regulate hair growth. Please contact John D. Hewes, Ph.D. at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Flow-Through Thermal-Expansion-Compensated Microcells for Analytical Transmission Infrared Spectroscopy *Description of Technology:* Available for licensing and commercial distribution are optical cells spectroscopically stable and can be used for spectroscopic measurement in transmission, sample reflection, back plate reflection, emission, or scattering modes. The cell allows fluid in a sample space to be exchanged without separating a front or a back plate from a spacer, allows a solid sample to be placed in or removed from the sample space, requires only a small amount of sample, and allows for different sample gaps to be easily and inexpensively set. Alternatively, the spacers can be manufactured using a hydrocarbon-resistant polymer so that samples dissolved in organic solvents can be used without the risk of changing the spectral properties of the microcell and solvent leakage from the sample space. The inventive cell and methods allow spectral measurements to be taken over wavelengths ranging at least from the mid-infrared to the vacuum ultraviolet, provide a simple path for light traveling through a sample, and allow fast kinetic processes to be detected and monitored reproducibly and sensitively. EN15JY08.001 *Applications:* Analytics; Spectroscopy; Infrared spectroscopy; Chemical Imaging; Material characterization; Quality control; Chemometrics in chemical and pharmaceutical manufacturing; Forensic applications; Tissue pathology diagnostics *Inventors:* Edward Mertz and James Sullivan (NICHD). *Publications:* 1. Makareeva E, Mertz EL, Kuznetsova NV, Sutter MB, DeRidder AM, Cabral WA, Barnes AM, McBride DJ, Marini JC, Leikin S. Structural heterogeneity of type I collagen triple helix and its role in osteogenesis imperfecta. J Biol Chem. 2008 Feb 22;283(8):4787-4798. 2. Mertz EL, Leikin S. Interactions of inorganic phosphate and sulfate anions with collagen. Biochemistry. 2004 Nov 30;43(47):14901-14912. *Patent Status:* U.S. Patent 7,355,697 issued 08 Apr 2008 (HHS Reference No. E-096-2004/0-US-01). International Patent Application No. PCT/US2005/030218 filed 25 Aug 2005, which published as WO 2006/026342 on 09 Mar 2006 (HHS Reference No. E-096-2004/0-PCT-02). European Patent Application 05786373.9 filed 26 Aug 2005 (HHS Reference No. E-096-2004/0-EP-03). U.S. Patent Application No. 11/826,806 filed 18 Jul 2007 (HHS Reference No. E-096-2004/1-US-01). *Licensing Status:* Available for non-exclusive or exclusive licensing. *Licensing Contact:* Michael A. Shmilovich, Esq.; 301-435-5019; *shmilovm@mail.nih.gov.* *Collaborative Research Opportunity:* The Eunice Kennedy Shriver National Institute of Child Health and Human Development, Section on Physical Biochemistry is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize microcells for infrared and other spectroscopies and their applications to pathology diagnostics. Please contact John D. Hewes, PhD at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Rapid and Sensitive Detection of Nucleic Acid Sequence Variations *Description of Technology:* The ability to easily detect small mutations in nucleic acids, such as single base substitutions, can provide a powerful tool for use in cancer detection, perinatal screens for inherited diseases, and analysis of genetic polymorphisms such as genetic mapping or for identification purposes. Current approaches make use of the mismatch that occurs between complimentary strands of DNA when there is a genetic mutation, the electrophoretic mobility differences caused by small sequence changes, and chemicals or enzymes that can cleave heteroduplex sites. Some of these methods, however, prove to be too cumbersome, are unable to pinpoint mutations, only detect a subset of mutations, or involve the use of hazardous materials. The current invention takes advantage of the ability of transposons, or mobile genetic elements, to move from one part of the genome to another by the cleavage and joining of their sequences into the target site; a reaction facilitated by a transposase enzyme. The phage Mu transposase is capable of inserting the right end sequence of the Mu transposon into any DNA sequence both *in vitro* and *in vivo.* The surprising discovery that the Mu transposase displays a strong preference for inserting Mu-end DNA into mismatched sites, the very sites which occur when DNA is mutated and paired with its complementary strand that does not have the corresponding mutation, makes it a powerful tool for detecting variations in nucleic acid sequences. In this system, the transposition of Mu-end DNA at a site is used to indicate the presence of a nucleic acid mismatch or mutation at that site. The invention can be used with labeled Mu-end DNA to further facilitate the precise mapping of the mutations. This specificity allows Mu to detect even single base mutations among a large quantity of non-specific DNA. The Mu detection system is simple, rapid, and highly sensitive compared to current methods and can find a broad range of use in genetic research and the diagnosis of several diseases such as cystic fibrosis, spinal and bulbar muscular dystrophy, human fragile-X syndrome, and Huntington's disease. *Applications:* Fast, simple screening for genetic mutations in several diseases such as cystic fibrosis, spinal and bulbar muscular dystrophy, human fragile-X syndrome, Huntington's disease, detection of birth defects, and paternity testing, etc. Genetic mapping and identification. *Development Status:* Early stage. *Inventors:* Katsuhiko Yanagihara and Kiyoshi Mizuuchi (NIDDK). *Publication:* Yanagihara K and Mizuuchi K. Mismatch-targeted transposition of Mu: a new strategy to map genetic polymorphism. Proc Natl Acad Sci USA. 2002 Aug 20; 99(17):11317-11321. *Patent Status:* U.S. Patent No. 7,316,903 issued 08 Jan 2008 (HHS Reference No. E-071-2003/0-US-02). *Licensing Status:* Available for exclusive or non-exclusive licensing. *Licensing Contact:* Jasbir (Jesse) S. Kindra, JD, MS; 301-435-5170; *kindraj@mail.nih.gov.* *Collaborative Research Opportunity:* The Section on Genetic Mechanisms, LMB, NIDDK is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize Mu transposition system as a tool for mutation detection and other genetic research/manipulation. Please contact Kiyoshi Mizuuchi at *kmizu@helix.nih.gov* for more information. Dated: July 8, 2008. Richard U. Rodriguez, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-16134 Filed 7-14-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Cancer Institute Initial Review Group; Subcommittee A—Cancer Centers. *Date:* August 7-8, 2008. *Time:* 8 a.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Doubletree Hotel Bethesda, 8120 Wisconsin Ave, Bethesda, MD 20814. *Contact Person:* Gail J. Bryant, MD, Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Blvd, Room 8107, MSC 8328, Bethesda, MD 20892-8328,
(301)402-0801, *gb30t@nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: July 9, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-16139 Filed 7-14-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY National Protection and Programs Directorate; Submission for Review: TRIPWire User Registration 1670-NEW AGENCY: National Protection and Programs Directorate, Infrastructure Protection, DHS. ACTION: 60-Day Notice and request for comments. SUMMARY: The Department of Homeland Security
(DHS)invites the general public and other federal agencies to comment on new information collection request 1670-NEW, TRIPWire User Registration. As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106), DHS is soliciting comments for this collection. DATES: Comments are encouraged and will be accepted until September 15, 2008. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to Department of Homeland Security, Attn: IP/PSCD/Charlie Payne, Mail Stop 8540, 245 Murray Lane, SW., Washington, DC 20528-8540, or e-mail *obp@dhs.gov.* FOR FURTHER INFORMATION CONTACT: Department of Homeland Security, Attn: IP/PSCD/Charlie Payne, Mail Stop 8540, 245 Murray Lane, SW., Washington, DC 20528-8540, or e-mail *obp@dhs.gov.* SUPPLEMENTARY INFORMATION: The Office of Management and Budget is particularly interested in comments that: 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, including the validity of the methodology and assumptions used; 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, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Analysis *Agency:* Department of Homeland Security, National Protection and Programs Directorate, Infrastructure Protection. *Title:* TRIPWire User Registration. *OMB Number:* 1670-NEW. *Frequency:* Once. *Affected Public:* Federal, State, Local, Tribal. *Number of Respondents:* 5000. *Estimated Time Per Respondent:* 10 minutes. *Total Burden Hours:* 834 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintaining):* None. *Description:* The Technical Resource for Incident Prevention (TRIPWire) is DHS's online, collaborative, information-sharing network for bomb squad, law enforcement, and other emergency services personnel to learn about current terrorist improvised explosive device
(IED)tactics, techniques, and procedures, including design and emplacement considerations. Developed and maintained by the DHS Office for Bombing Prevention (OBP), the system combines expert analyses and reports with relevant documents, images, and videos gathered directly from terrorist sources to assist law enforcement to anticipate, identify, and prevent IED incidents. The TRIPWire portal contains sensitive information related to terrorist use of explosives and therefore user information is needed to verify eligibility and access to the system. Dated: July 9, 2008. John Campbell, Acting Chief Information Officer, National Protection and Programs Directorate, Department of Homeland Security. [FR Doc. E8-16166 Filed 7-14-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Published Privacy Impact Assessments on the Web AGENCY: Privacy Office, DHS. ACTION: Notice of Publication of Privacy Impact Assessments. SUMMARY: The Privacy Office of the Department of Homeland Security
(DHS)is making available sixteen
(16)Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between January 1 and March 31, 2008. DATES: The Privacy Impact Assessments will be available on the DHS Web site until September 15, 2008, after which they may be obtained by contacting the DHS Privacy Office (contact information below). FOR FURTHER INFORMATION CONTACT: Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security, Mail Stop 0550, Washington, DC 20528, or e-mail: *pia@dhs.gov* . SUPPLEMENTARY INFORMATION: Between January 1 and March 31, 2008, the Chief Privacy Officer of the Department of Homeland Security
(DHS)approved and published sixteen
(16)Privacy Impact Assessments
(PIAs)on the DHS Privacy Office Web site, *http://www.dhs.gov/privacy* , under the link for “Privacy Impact Assessments.” These PIAs cover sixteen
(16)separate DHS programs. Below is a short summary of those programs, indicating the DHS component responsible for the system, and the date on which the PIA was approved. Additional information can be found on the Web site or by contacting the Privacy Office. *System:* Whole Body Imaging. *Component:* Transportation Security Administration. *Date of approval:* January 2, 2008. The Transportation Security Administration
(TSA)is conducting pilot operations to evaluate the use of various Whole Body Imaging
(WBI)technologies, including backscatter x-ray and millimeter wave devices, to detect threat objects carried on persons entering airport sterile areas. WBI creates an image of the full body, showing the surface of the skin and revealing objects that are on the body, not in the body. To mitigate the privacy risk associated with creating an image of the individual's body, TSA isolates the Transportation Security Officer
(TSO)viewing the image from the TSO interacting with the individual. During the initial phase of the pilot, individuals who must undergo secondary screening will be given the option of undergoing the normal secondary screening technique involving a physical pat down by a TSO or a screening by a WBI device. A subsequent phase will evaluate WBI technology for individuals undergoing primary screening. Individuals will be able to choose to undergo WBI screening in primary. *System:* Federal Flight Deck Officer Program. *Component:* Transportation Security Administration. *Date of approval:* January 10, 2008. The Federal Flight Deck Officer program was established by the Arming Pilots Against Terrorism Act as Title XIV of the Homeland Security Act (Pub. L. 107-296, Nov. 25, 2003, 116 Stat. 2300), codified at 49 U.S.C. 44921. Under this program, TSA deputizes qualified volunteer pilots and flight crewmembers of passenger and cargo aircraft as law enforcement officers to defend the flight deck of aircraft against acts of criminal violence or air piracy. Participants in the program, known as Federal Flight Deck Officers (FFDOs), are trained and authorized to transport and carry a firearm and to use force, including deadly force. Through this program, TSA collects data on pilots to assess the qualification and suitability of prospective and current FFDOs through an online application, and to administer the program. *System:* The Department of Homeland Security REAL-ID Final Rule. *Component:* DHS-Wide. *Date of approval:* January 11, 2008. DHS issued a final rule establishing minimum standards for State-issued driver's licenses and identification cards that Federal agencies will accept for official purposes after May 11, 2008, in accordance with the REAL-ID Act of 2005, Pub. L. 109-13, 119 Stat. 231, 302
(2005)(codified at 49 U.S.C. 30301 note) (the Act). The final rule establishes standards to meet the minimum requirements of the Act including: Information and security features that must be incorporated into each card; application information to establish the identity and lawful status of an applicant before a card can be issued; and physical security standards for locations issuing driver's licenses and identification cards. *System:* Personnel Security Activities Management System/Integrated Security Management System Update. *Component:* DHS-Wide. *Date of approval:* January 15, 2008. The DHS Office of Security uses the Integrated Security Management System
(ISMS)to automate the tracking of Personnel Security related activities at DHS headquarters and component sites. ISMS is an update system to the Personnel Security Activities Management System (PSAMS). ISMS will help manage DHS personnel and security case records by adding to the existing functionality of PSAMS. *System:* USCIS Person Centric Query Service Supporting the Verification Information System. *Component:* U.S. Citizenship and Immigration Services. *Date of approval:* January 18, 2008. This is an update to the PIA for the USCIS Person Centric Query
(PCQ)Service, operating through the USCIS Enterprise Service Bus
(ESB)to describe the privacy impact of expanding the PCQ Service to include the following additional PCQ Client: The National Security and Records Verification Directorate/Verification Division's VIS. *System:* USCIS Person Centric Query Service Supporting Immigration Status Verifiers of the USCIS National Security and Records Verification Directorate/Verification Division. *Component:* U.S. Citizenship and Immigration Services. *Date of approval:* January 18, 2008. This is an update to the PIA for the USCIS PCQ Service, operating through the USCIS ESB to describe the privacy impact of expanding the PCQ Service to include the following additional PCQ Client: The Immigrant Status Verifiers of the USCIS National Security and Records Verification Directorate/Verification Division. *System:* Use of Radio Frequency Identification
(RFID)Technology for Border Crossings. *Component:* Customs and Border Protection. *Date of approval:* January 22, 2008. U.S. Customs and Border Protection
(CBP)employs Radio Frequency Identification
(RFID)Technology that is to be used in cross-border travel documents to facilitate the land border primary inspection process. A unique number is embedded in an RFID tag which, in turn, is embedded in each cross-border travel document. At the border, the unique number is read wirelessly by CBP and then forwarded through a secured data circuit to back-end computer systems. The back-end systems use the unique number to retrieve personally identifiable information
(PII)about the traveler. This information is sent to the CBP Officer to assist in the authentication of the identity of the traveler and to facilitate the land border primary inspection process. Multiple border crossing programs use or plan to take advantage of CBP's vicinity RFID-reader enabled border crossing functionality including CBP's own trusted traveler programs, the pending Department of State's Passport Card, the Mexican Border Crossing Card, the proposed Enhanced Driver's License offered by various states, tribal enrollment cards that could be developed by various Native American Tribes, and the proposed Enhanced Driver's Licenses being developed within the various provincial authorities in Canada. *System:* ICE Pattern Analysis and Information Collection (ICEPIC). *Component:* Immigration and Customs Enforcement. *Date of approval:* January 30, 2008. U.S. Immigration and Customs Enforcement
(ICE)has established a system called the ICE Pattern Analysis and Information Collection (ICEPIC) system. ICEPIC is a toolset that assists ICE law enforcement agents and analysts in identifying suspect identities and discovering possible non-obvious relationships among individuals and organizations that are indicative of violations of the customs and immigration laws as well as possible terrorist threats and plots. All ICEPIC activity is predicated on ongoing law enforcement investigations. This PIA is being completed to provide additional notice of the existence of the ICEPIC system and publicly document the privacy protections that are in place for the ICEPIC system. *System:* Office of Inspector General Investigative Records. *Component:* Office of Inspector General. *Date of approval:* January 30, 2008. DHS Office of Inspector General
(OIG)Investigative Records System includes both paper investigative files and the “Investigations Data Management System” (IDMS)—an electronic case management and tracking information system, which also generates reports. OIG uses IDMS to manage information relating to DHS OIG investigations of alleged criminal, civil, or administrative violations relating to DHS employees, contractors and other individuals and entities associated with the DHS. This PIA is being conducted to assess the privacy impact of the OIG Investigative Records system that includes both paper investigative files and the IDMS. *System:* Crew Member Self Defense Training (CMSDT) Program. *Component:* Transportation Security Administration. *Date of approval:* February 6, 2008. DHS TSA has developed the Crew Member Self-Defense Training Program (CMSDT), a voluntary self-defense training course, for air carrier crew members. TSA will collect name, last four
(4)numerals of the Social Security Number, contact information, employer information including employee identification number, and course location preferences in order to verify a crew member's eligibility for the program and to provide the self-defense training. Because the CMSDT collects PII on members of the public, TSA is conducting this PIA in accordance with the statutory requirements of the E-Government Act of 2002. *System:* Science and Technology's Experimental Testing of Project Hostile Intent Technology. *Component:* Science and Technology. *Date of approval:* February 25, 2008. Project Hostile Intent
(PHI)is a research effort by the Science and Technology Directorate to ascertain whether screening technology can aid DHS screeners in making better decisions by supplementing the current screening process (wherein a human screener evaluates an individual's behavior) with training and computers. This PIA addresses privacy impacts of this program, and specifically, the temporary storage of video images during field tests of PHI's performance with real behavioral data to ensure that it is effective in a “real world” environment. *System:* Protected Repository for the Defense of Infrastructure Against Cyber Threats. *Component:* Science and Technology. *Date of approval:* February 25, 2008. The Science & Technology Directorate's Protected Repository for the Defense of Infrastructure Against Cyber Threats (PREDICT) system is a repository of test datasets of Internet traffic data that is made available to approved researchers and managed by an outside contractor serving as the PREDICT Coordination Center. The goal of PREDICT is to create a national research and development resource to bridge the gap between
(a)the producers of security-relevant network operations data and
(b)technology developers and evaluators who can use this data to accelerate the design, production, and evaluation of next-generation cyber security solutions, including commercial products. A key motivation of PREDICT is to make these data sources more widely available to technology developers and evaluators, who are currently forced to base the efficacy of their technical solutions on old, irrelevant traffic data, anecdotal evidence, or small-scale test experiments, rather than on more comprehensive, real-world data analysis. *System:* USCIS Verification Information System Supporting Verification Programs. *Component:* U.S. Citizenship and Immigration Services. *Date of approval:* February 28, 2008. The Verification Division of the U.S. Citizenship and Immigration Services (USCIS) operates the Verification Information System (VIS). VIS is a composite information system incorporating data from various DHS databases. It is the underlying information technology that provides immigration status verification for
(1)benefits determinations through the Systematic Alien Verification for Entitlements
(SAVE)program for government benefits and
(2)verification of employment authorization for newly hired employees through the E-Verify program. USCIS is conducting this PIA to clarify previous VIS PIAs and to describe updates to VIS that will improve the ability of USCIS to verify citizenship and immigration status information to users of SAVE and E-Verify. *System:* DHS Enterprise e-Recruitment System. *Component:* DHS Wide. *Date of approval:* March 4, 2008. Office of the Chief Human Capital Officer (OCHCO) implemented an enterprise e-Recruitment system for DHS. The use of an automated recruitment solution is necessary to meet mission critical needs of DHS and comply with the 45-day hiring model under the President's Management Agenda. OCHCO has conducted this PIA because e-Recruitment will use and maintain PII. *System:* United States Coast Guard “Biometrics at Sea”. *Component:* United States Coast Guard. *Date of approval:* March 14, 2008. This PIA describes the expansion of the existing U.S. Coast Guard
(USCG)and U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) Program partnership to provide mobile biometrics collection and analysis capability at sea, along with other remote areas where DHS operates. As a result of the success of this partnership's USCG Mona Pass Proof of Concept, the USCG plans a measured expansion of at-sea biometric capability throughout its mission scope and areas of operation. This measured expansion of biometrics at sea will assist in the prosecution of persons engaged in such activities as illegal maritime migration, smuggling, illegal drug transportation, and other types illegal maritime activity. By deterring unsafe and illegal maritime migration and other illegal activities at sea, the use of biometrics will promote an important USCG mission, in particular the preservation of life at sea and the enforcement of U.S. law. *System:* Western Hemisphere Travel Initiative Land and Sea Final Rule. *Component:* Customs and Border Protection. *Date of approval:* March 24, 2008. DHS and CBP, in conjunction with the Bureau of Consular Affairs at the Department of State, published in the **Federal Register** a final rule to notify the public of how they will implement the Western Hemisphere Travel Initiative
(WHTI)for sea and land ports of entry. The final rule removes the current regulatory exceptions to the passport requirement provided under sections 212(d)(4)(B) and 215(b) of the Immigration and Nationality Act. On August 9, 2007, the DHS Privacy Office issued a PIA for the proposed rule, which was published in the **Federal Register** on June 26, 2007, at 72 FR 35088. This PIA updates the earlier PIA for the proposed rule to reflect changes in the WHTI final rule for land and sea ports-of-entry. Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8-16044 Filed 7-14-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Published Privacy Impact Assessments on the Web AGENCY: Privacy Office, DHS. ACTION: Notice of Publication of Privacy Impact Assessments. SUMMARY: The Privacy Office of the Department of Homeland Security
(DHS)is making available ten
(10)Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between October 1, 2007, and December 31, 2007. DATES: The Privacy Impact Assessments will be available on the DHS Web site until September 15, 2008, after which they may be obtained by contacting the DHS Privacy Office (contact information below). FOR FURTHER INFORMATION CONTACT: Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security, Mail Stop 0550, Washington, DC 20528, or e-mail: *pia@dhs.gov* . SUPPLEMENTARY INFORMATION: Between October 1 and December 31, 2007, the Chief Privacy Officer of the Department of Homeland Security
(DHS)approved and published ten
(10)Privacy Impact Assessments
(PIAs)on the DHS Privacy Office Web site, *http://www.dhs.gov/privacy* , under the link for “Privacy Impact Assessments.” These PIAs cover ten
(10)separate DHS programs. Below is a short summary of those programs, indicating the DHS component responsible for the system, and the date on which the PIA was approved. Additional information can be found on the Web site or by contacting the Privacy Office. *System:* Transportation Worker Identification Credential Program Final Rule. *Component:* Transportation Security Administration. *Date of approval:* October 5, 2007. The Transportation Security Administration
(TSA)published a joint Final Rule with the United States Coast Guard to implement a Transportation Worker Identification Credential
(TWIC)program to provide a biometric credential that can be used to confirm the identity of workers in the national transportation system, and conducted a PIA associated with that Final Rule. TSA is amending the PIA to reflect the development of TWIC contactless card capability in sections 1.4, 1.6, 9.2 and 9.3, and the approval of the records schedule by NARA in section 3. This PIA replaces the one published December 29, 2006. *System:* Universal Commercial Driver's License
(CDL)Security Threat Assessment. *Component:* Transportation Security Administration. *Date of approval:* October 12, 2007. TSA conducts security threat assessments on Commercial Driver's License
(CDL)holders. CDL holders are licensed to operate large commercial motor vehicles that potentially pose threats to transportation security. Congress directed TSA to perform threat assessments on certain CDL holders in the SAFE PORT Act Pub. L. No. 109-347, 120 Stat. 1884 (2006). Since the potential threat extends beyond ports, TSA will perform security threat assessments on all CDL holders pursuant to its authority under 49 U.S.C. 14(f) which gives TSA broad authority “to assess threats to transportation” including vetting persons who could pose a threat to transportation. *System:* Visitor Management System. *Component:* Transportation Security Administration. *Date of approval:* October 19, 2007. The PIA previously published on July 14, 2006, has been amended to reflect the collection of a photograph to be placed on the temporary badge. The photograph will be stored in the system only for so long as is required to create the badge, then is deleted to create the next badge. This PIA replaces the previously published PIA. *System:* Airmen Certificate Vetting Program. *Component:* Transportation Security Administration. *Date of approval:* October 22, 2007. TSA implemented a process to conduct security threat assessments on all Federal Aviation Administration
(FAA)Airmen Certificate applicants and holders to ensure that the individual does not pose or is not suspected of posing a threat to transportation or national security. FAA Airmen Certificate holders include pilots, air crews, and others required to hold a certificate pursuant to FAA regulations. Because this program entails a new collection of information by TSA about members of the public in an identifiable form, the E-Government Act of 2002 and the Homeland Security Act of 2002 require that the TSA issue a PIA. The data collected and maintained for this program and the details and uses of this information are outlined in this PIA. *System:* DHS/UKvisas Project. *Component:* U.S. Citizenship and Immigration Services. *Date of approval:* November 14, 2007. Recently the United Kingdom
(UK)enacted legislation requiring the submission of biometric data by almost all individuals filing applications for UK visas. Officials from the UK and DHS have agreed that individuals who are physically located in the United States
(US)may provide the requisite biometrics and limited biographical information at U.S. Citizenship and Immigration Services (USCIS) Application Support Centers
(ASCs)for forward transfer to the UK in support of the adjudication of applications for visas. USCIS will temporarily retain the submitted biometric and biographical records until the UK provides confirmation that the transfer of data was successful. USCIS will delete the biometric and biographical records immediately after it receives that confirmation. *System:* Conversion to 10-Fingerprint Collection for the United States Visitor and Immigrant Status Indicator Technology Program. *Component:* US-VISIT. *Date of approval:* November 15, 2007. US-VISIT is an office and program within the National Protection and Programs Directorate of DHS. The office manages DHS' IDENT system and provides biometrics-based identity management services to agencies throughout immigration and border management, law enforcement, and intelligence communities. The Program provides an integrated, automated, biometric entry and exit system that records the arrival and departure of foreign nationals. US-VISIT published this PIA to update and describe the US-VISIT Program's change from collecting two
(2)fingerprints to collecting up to ten
(10)fingerprints (using inkless optical reading devices) from foreign nationals upon entering or exiting the United States. *System:* National Infrastructure Coordinating Center INSight Application. *Component:* National Protection and Programs Directorate. *Date of approval:* November 23, 2007. The National Infrastructure Coordinating Center (hereafter refer to as the NICC), part of the National Operations Center
(NOC)in the Operations Directorate, operates the INSight Information Management System (INSight), designed to support the identification of potentially significant changes in the operational status of the nation's Critical Infrastructures and Key Resources so that trained analysts can provide timely coordination with the NOC, respective Information Sharing and Analysis Centers, and other involved agencies in the public sector and federal sectors. INSight may collect personally identifiable information
(PII)associated with infrastructure information; accordingly NICC has conducted this PIA. *System:* Boarding Pass Scanning System. *Component:* Transportation Security Administration. *Date of approval:* November 29, 2007. The Boarding Pass Scanning System
(BPSS)is a process and technology that validates the authenticity of the boarding pass at the TSA security checkpoint using 2-dimensional
(2D)bar code readers and encryption techniques. The BPSS will display machine readable data from the boarding pass for confirmation against the human readable portions of the boarding pass to verify that the boarding pass is legitimate and has not been tampered with. Once confirmed, the displayed data will be deleted from the BPSS. *System:* Enterprise Correspondence Tracking System (ECT). *Component:* Department Wide. *Date of approval:* December 3, 2007. The Executive Secretariat of DHS operates the Enterprise Correspondence Tracking
(ECT)system. The ECT is a correspondence workflow management system that assists DHS in responding to inquiries from the public, other government agencies, and the private sector. Tens of thousands of pieces of correspondence ranging from official rulings, policy statements, testimony, or even thank you letters are processed annually by DHS. The Executive Secretariat conducted this privacy impact assessment because the ECT collects and uses PII. *System:* DHSAccessGate System. *Component:* Management. *Date of approval:* December 3, 2007. DHS added a new layer of security to its vendor employee access control procedures at certain facilities by offering a new and voluntary vendor program called the DHSAccessGate Program. Part of this program will involve the collection of PII from individuals who are not DHS employees or contractors. The DHS Office of Security has conducted this privacy impact assessment because of the collection of new PII. Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8-16045 Filed 7-14-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA-2007-0008] National Advisory Council Meeting AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice of Federal Advisory Committee Meeting. SUMMARY: This notice announces the date, time, location, and agenda for the next meeting of the National Advisory Council (NAC). At the meeting, the subcommittees will be reporting back regarding their work since the May 14-15, 2008 meeting. This meeting will be open to the public. DATES: *Meeting Dates:* Wednesday, August 13, 2008, from approximately 11 a.m. to 5 p.m. and Thursday, August 14, 2008, 9 a.m. to 4:30 p.m. A public comment period will take place on the afternoon of August 14, 2008, between approximately 2:30 p.m. and 3 p.m. *Comment Date:* Written comments or requests to make oral presentations must be received by August 6, 2008. ADDRESSES: The meeting will be held at the Grand Hyatt Washington, 1000 H St. NW., Washington, DC 20001. Persons wishing to make an oral presentation, or who are unable to attend or speak at the meeting, may submit written comments. Written comments and requests to make oral presentations at the meeting should be provided to the address listed in the FOR FURTHER INFORMATION CONTACT section and must be received by August 6, 2008. All submissions received must include the Docket ID FEMA-2007-0008 and may be submitted by any one of the following methods: *Federal Rulemaking Portal:* *http://www.regulations.gov.* Follow instructions for submitting comments on the Web site. *E-mail: FEMA-RULES@dhs.gov.* Include Docket ID FEMA-2007-0008 in the subject line of the message. *Facsimile:*
(866)466-5370. *Mail:* Office of Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472. *Hand Delivery/Courier:* Office of the Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472. *Instructions:* All submissions received must include the Docket ID FEMA-2007-0008. Comments received will also be posted without alteration at *http://www.regulations.gov,* including any personal information provided. *Docket:* For access to the docket to read background documents or comments received by the National Advisory Council, go to *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Alyson Price, Designated Federal Officer, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, telephone 202-646-3746, fax 202-646-3061, and e-mail *FEMA-NAC@dhs.gov* or *Jennifer.Veal@associates.dhs.gov.* The NAC's Web site is located at: *http://www.fema.gov/about/nac/.* SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5 U.S.C. App. 1 *et seq.* ). The National Advisory Council
(NAC)will meet for the purpose of reviewing the progress of the NAC subcommittees, to receive an update on the Regional Advisory Councils, transition issues, and other matters. *Public Attendance:* The meeting is open to the public. Please note that the meeting may close early, if all business is finished. Persons with disabilities who require special assistance should advise the Designated Federal Officer of their anticipated special needs as early as possible. Members of the public who wish to make comments on Thursday, August 14, 2008 between 2:30 p.m. and 3 p.m. are requested to register in advance, and must be present and seated by 1:30 pm. In order to allow as many people as possible to speak, speakers are requested to limit their remarks to 3 minutes. For those wishing to submit written comments, please follow the procedure noted above. Dated: July 7, 2008. R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-15978 Filed 7-14-08; 8:45 am] BILLING CODE 9111-48-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-192, Revision of a Currently Approved Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form I-192, Application for Advance Permission to Enter as Nonimmigrant (Pursuant to 212(d)(3) of the Immigration and Nationality Act); OMB Control No. 1615-0017. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on March 10, 2008, at 73 FR 12750, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until August 14, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *oira_submission@omb.eop.gov* . Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:
(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;
(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, electronic, mechanical, or other technological collection techniques, or other forms of information technology, *e.g.* , permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of Information Collection:* Revision of an existing information collection.
(2)*Title of the Form/Collection:* Application for Advance Permission to Enter as Nonimmigrant (Pursuant to 212(d)(3) of the Immigration and Nationality Act).
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-192. U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals and households. The information furnished on Form I-192 will be used to determine if the applicant is eligible to enter the U.S. temporarily under the provisions of section 212(d)(3) of the Immigration and Nationality Act.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 17,000 responses at 30 minutes (.50 hours) per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 8,500 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: *http://www.regulations.gov/search/index.jsp.* If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529,
(202)272-8377. Dated: July 9, 2008. Stephen Tarragon, Acting Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-16063 Filed 7-14-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Guam Visa Waiver Agreement AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day Notice and request for comments; Extension of an existing information collection: 1651-0126; Proposed collection; comments requested. SUMMARY: U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act: Guam Visa Waiver Agreement (Form I-760). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments form the public and affected agencies. This proposed information collection was previously published in the **Federal Register** (73 FR 27842) on May 14, 2008, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before August 14, 2008. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Department of Homeland Security/Customs and Border Protection, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection
(CBP)encourages the general public and affected Federal agencies to submit written comments and suggestions on proposed and/or continuing information collection requests pursuant to the Paperwork Reduction Act (Pub. L.104-13). Your comments should address one of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency/component, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies/components estimate of the burden of The proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those who are to respond, including 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. *Title:* Guam Visa Waiver Agreement. *OMB Number:* 1651-0126. *Form Number:* I-760. *Abstract:* This Agreement is intended to ensure that every alien transported to Guam pursuant to Public Law 99-396 meets all of the stipulated eligibility criteria prior to departure to Guam. It also outlines the requirements to be satisfied by the carrier. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Estimated Number of Respondents:* 5. *Estimated Number of Responses:* 5. *Estimated Time per Response:* 12 minutes. *Estimated Total Annual Burden Hours:* 1. If additional information is required contact: Tracey Denning, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room 3.2.C, Washington, DC 20229, at 202-344-1429. Dated: July 9, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-16127 Filed 7-14-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-40] Interstate Land Sales Full Disclosure Requirements AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been 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. The Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701, *et seq.* , requires developers to register subdivisions or condominiums of 100 more non-exempt lots or units with HUD. The developer must give each purchaser a property report that meets HUD's requirements before the purchaser signs the sales contract or agreement for sales or lease. DATES: *Comments Due Date:* August 14, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0243) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone
(202)402-8048. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting 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:* Interstate Land Sales Full Disclosure Requirements. *OMB Approval Number:* 2502-0243. *Form Numbers:* HUD-762. *Description of the Need for the Information and its Proposed Use:* The Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1701, *et seq.* , requires developers to register subdivisions or condominiums of 100 or more non-exempt lots or units with HUD. The developer must give each purchaser a property report that meets HUD's requirements before the purchaser signs the sales contract or agreement for sales or lease. *Frequency of Submission:* On occasion, Annually. Number of respondents Annual responses × Hours per response = Burden hours Reporting burden 1,011 112 0.303 34,653 *Total Estimated Burden Hours:* 34,653. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: July 8, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-16017 Filed 7-14-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5141-N-07] Conference Call Meeting of the Manufactured Housing Consensus Committee AGENCY: Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD. ACTION: Notice of upcoming meeting via conference call. SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming meeting of the Manufactured Housing Consensus Committee (the Committee) to be held via telephone conference. This meeting is open to the general public, which may participate by following the instructions below. DATES: The conference call meeting will be held on Wednesday, July 16, 2008, from 11 a.m. to 3 p.m. eastern daylight time. ADDRESSES: Information concerning the conference call can be obtained from the Department's Consensus Committee Administering Organization, the National Fire Protection Association (NFPA). Interested parties can link onto the NFPA's Web site for instructions concerning how to participate, and for contact information for the conference call, in the section marked “Business” “Manufactured Housing Consensus Committee Information”. The link can be found at: *http://www.hud.gov/offices/hsg/sfh/mhs/mhshome.cfm.* Alternately, interested parties may contact Jill McGovern of NFPA at
(617)984-7404 (this is not a toll-free number) for conference call information. FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate Deputy Assistant Secretary, Office of Regulatory Affairs and Manufactured Housing, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone
(202)708-6409 (this is not a toll-free number). Persons who have difficulty hearing or speaking may access this number via TTY by calling the toll-free Federal Information Relay Service at
(800)877-8339. SUPPLEMENTARY INFORMATION: Notice of this meeting is provided in accordance with Sections 10(a) and
(b)of the Federal Advisory Committee Act (5 U.S.C. App. 2) and 41 CFR 102-3.150. The Manufactured Housing Consensus Committee was established under Section 604(a)(3) of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5403(a)(3). The Committee is charged with providing recommendations to the Secretary to adopt, revise, and interpret manufactured home construction and safety standards and procedural and enforcement regulations, and with developing and recommending proposed model installation standards to the Secretary. The purpose of this conference call meeting is for the Committee to review and provide comments to the Secretary on a draft proposed rule for the On-Site Completion of Construction of Manufactured Homes. Tentative Agenda A. Roll call. B. Welcome and opening remarks. C. Regulatory Enforcement subcommittee discussion and recommendations. D. Full Committee meeting for discussion of the On-Site Completion of Construction of Manufactured Homes Draft Proposed Rule. E. Adjournment. Dated: July 10, 2008. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. E8-16136 Filed 7-14-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Amendment of an Existing System of Records AGENCY: Bureau of Indian Affairs, Interior. ACTION: Proposed amendment of existing Privacy Act system of records. SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Bureau of Indian Affairs
(BIA)is issuing public notice of its intent to amend an existing Privacy Act system of records notice entitled Interior, BIA—13 “Indian Loan Files,” published at 48 FR 41098 (September 13, 1983). DATES: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this proposed amendment may do so by submitting comments in writing to the Privacy Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to *Joan.Tyler@bia.gov* FOR FURTHER INFORMATION CONTACT: Darlene Greifenberger, Office of Indian Energy and Economic Development, 1951 Constitution Avenue, NW., MS SIB-20, Washington, DC 20245, 202-513-7680 or by e-mail at *Darlene.Greifenberger@bia.gov* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. The Office of Indian Energy and Economic Development Loan Guaranty and Insurance Program was developed to implement the Indian Financing Act of 1974 (25 U.S.C. 1481), as amended. This law requires the Department of the Interior to encourage private commercial lenders to make loans to Indian businesses they might otherwise deny because of insufficient familiarity with Indian business prospects. The program offers private lenders enhanced loan security with a partial loan guaranty which allows a modest federal investment to leverage large amounts of private capital for Indian business development. The system of records supporting this program, now known as the Loan Management and Accounting System (LOMAS), protects information contained in loan applications and supporting documents. The purpose of this notice is to amend the Privacy Act System of Records entitled Interior, BIA—13: “Indian Loan Files,” by
(1)Changing the name of the system to Interior, BIA—13: “Loan Management and Accounting System (LOMAS)”;
(2)updating the addresses of the system locations, system managers, the categories of individuals covered by the system;
(3)updating the information regarding disclosures outside the Department of the Interior; and
(4)updating the storage, retrievability and safeguards statements to incorporate the changes since the system notice was last published. A copy of the notice, with changes incorporated, is attached. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development—Indian Affairs. SYSTEM NAME Loan Management and Accounting System (LOMAS)—Interior, BIA—13. SYSTEM LOCATION
(1)Office of Indian Energy and Economic Development, 1951 Constitution Avenue NW., MS SIB-20, Washington, DC, 20245.
(2)Loan Accounting Section, Bureau of Indian Affairs (BIA), 1001 Indian School Road NW., Ste. 349, Albuquerque, NM, 87104. (Send correspondence to: P.O. Box 7430, Albuquerque, NM, 87194-7430.)
(3)System Administrator—LOMAS, National Business Center, 421 Gold Street SW., Suite 103, Albuquerque, NM, 87102.
(4)BIA Regional and Agency credit offices. For a listing of specific locations, contact the System Manager, at the address provided below. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
(1)Applicants who applied for or received loan guaranties, loan insurance, or interest subsidies.
(2)Applicants who applied for guarantied bonds.
(3)Purchasers of guarantied or insured loans. CATEGORIES OF RECORDS IN THE SYSTEM:
(1)Loan applications, including but not limited to loan collateral information, loan collection information, loan approval information, loan budget validation, and loan disbursement information;
(2)Supporting documents for loans;
(3)Borrower information including name, address, birth date, phone number, loan guaranty number, tribal name, record of payment cards, guaranty agreements, eligibility certificates, default documents, and/or promissory notes;
(4)Information pertaining to individuals who refuse to make required loan payments when it is determined by the Department of Treasury that they have sufficient assets to pay and/or as a result of the individual misuse of loan proceeds;
(5)Interest subsidy requests;
(6)Loan extension approvals;
(7)Information on loan applications not approved for guaranty or insurance; and
(8)Account information for individuals approved for loans, which includes loan account status, loan advance and subsidy status and approval status, loan number and borrower ID. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of Public Law 98-449, codified at 25 U.S.C. 1451, which authorizes the Department of the Interior to finance economic development on Indian Reservations. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The primary use of the records is to administer the Loan Guaranty and Insurance Program by tracking and recording payments and unpaid balances and providing information on payments made for paying interest subsidy, credits obtained, service loans made, and premiums paid by lenders. Disclosures outside the Department of the Interior may also be made:
(1)To the Department of the Treasury and/or Justice in the form of information on individual delinquent borrowers or borrowers who have misused funds in order to support debt collection efforts.
(2)To Congress in the form of periodic reports on the status of the Indian Affairs Loan Guarantee, Insurance and Interest Subsidy Program in order to document the use of program funds.
(3)To credit reporting agencies in the form of basic information regarding payment delinquencies in order to satisfy Federal claims collection standards.
(a)To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(5)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(6)To any criminal, civil, or regulatory law enforcement authority (whether federal, state, territorial, local, tribal or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(7)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(8)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.
(9)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(10)To state and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(11)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(12)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(13)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(14)To the Department of the Treasury to recover debts owed to the United States.
(15)To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURES TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in both manual and electronic format. Manual records are maintained in letter files, application files, and computer printouts. Electronic records are maintained in network access storage, on hard disks, and on magnetic tapes. RETRIEVABILITY: Records are:
(a)Indexed by name of borrower, loan guaranty number, and tribal name when applicable.
(b)Retrieved by manual search or computer inquiry. SAFEGUARDS: LOMAS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)Physical Security: Paper or electronic format records are maintained in locked file cabinets and/or in secured rooms.
(2)Technical Security: Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data is protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for LOMAS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)Administrative Security: All DOI and contractor employees with access to LOMAS are required to complete Privacy Act, Records Management Act, and Security Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration (NARA), and are scheduled for permanent retention. All records of guarantied or insured loans are stored permanently. Records of loans that are paid, cancelled, or otherwise disposed of are archived. Records of rejected loans are stored for 1 year and then archived. SYSTEM MANAGER AND ADDRESS: Director, Office of Indian Energy and Economic Development, Office of the Assistant Secretary—Indian Affairs, 1951 Constitution Avenue, NW., MS SIB-20,Washington, DC 20245. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORDS ACCESS PROCEDURES: A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Information is received from individuals on whom the records are maintained, commercial banks, BIA employees and contractors, and purchasers of guarantied or insured loans. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16098 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Establishment of a New System of Records AGENCY: Bureau of Indian Affairs. ACTION: Notice of addition of a new system of records. SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). This new Privacy Act system of records is entitled Interior, BIA—31: “Information Management System” (IMS). DATE: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this new system of records may do so by submitting comments in writing to the Privacy Act Officer, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to *Joan.Tyler@bia.gov.* FOR FURTHER INFORMATION CONTACT: Nicole Jaber, Director, Division of Internal Validation and Verification, Office of the Chief Information Officer, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail at *Nicole.Jaber@bia.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(3)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice establishes the Privacy Act system or record entitled Interior, BIA—31, “Information Management System” (IMS). The purpose of IMS is to automate the management of all types of documents in a single database. Records in the system are maintained as electronic copies only. IMS provides a Web-based document management system accessible via a browser interface with the Office of the Assistant Secretary of Indian Affairs, and the Bureau of Indian Affairs. Documents are stored in the database in any file format, such as, but not limited to, Microsoft Word, Excel, Power Point, and scanned PDF or TIF files. Documents can be routed from one person to another for assignment, comment, response, editing, surname, and signature. A variety of status reports are available to track the progress of workflows. Routing includes communication tools for route members to add comments to the workflow. Documents can be electronically delivered to a number of individuals simultaneously, either for a response or for read only purposes. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary, Policy and Economic Development. SYSTEM NAME: Information Management System (IMS): Interior, BIA-31. SYSTEM LOCATION: Herndon Data Center (HDC), 625 Herndon Parkway, Herndon, VA 20170. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who are employees of BIA and AS-IA who are the originators or approving officials for government documentation. CATEGORIES OF RECORDS IN THE SYSTEM:
(1)Information about employees to include name, work location and home address, work and home telephone number and fax numbers;
(2)Employee's office information, title, supervisor, and supervisory status;
(3)AS-IA and BIA Offices;
(4)Documents generated, their originator and originating office, and their approval destination(s); and
(5)Document tracking data and document suspense requirements. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of 25 U.S.C. 1, 1a, 13; 18 U.S.C. 3055; 25 U.S.C. 480. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The system is used to manage all AS-IA correspondence in a single database. IMS contains information to facilitate the efficiency of the correspondence process throughout AS-IA. The system will allow the tracking of correspondence from receipt to completion/response, provide valuable information to AS-IA coordinators, identify duplicate requests, ensure consistency in responses, reduce processing time, support action on correspondence, and improve customer service. IMS facilitates the management of documents, maintains multiple versions of any single document, and provides a mechanism to distribute documents to a group of individuals with the capability for the group members to respond/reply to the sender, and to manage/track workflow. Disclosure(s) outside the Department of the Interior may be made: (1)(a) To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(2)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(3)To any criminal, civil, or regulatory law enforcement authority (whether Federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(4)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(5)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose of which the records were compiled.
(6)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(7)To State and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(8)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(9)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(10)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(11)To the Department of the Treasury to recover debts owed to the United States.
(12)To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURES TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in electronic media: hard disks and magnetic tapes. RETRIEVABILITY: Users can access the IMS system by navigating (via browser) to the IMS logon Web page, and successfully entering their login credentials. Documents stored in IMS are retrieved by document name, subject matter, or author. SAFEGUARDS: IMS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)Physical Security: Electronic format records are maintained in locked file cabinets and/or in secured rooms. Buildings have security guards and/or secured doors, and all entrances are monitored by electronic surveillance equipment on a 24/7 basis.
(2)Technical Security: Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data are protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify changes made to records. A Privacy Impact Assessment was completed for the IMS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)Administrative Security: All DOI and contractor employees with access to IMS are required to complete Privacy Act, Records Management Act, and Security Awareness Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), approved by the National Archives and Records Administration (NARA), and scheduled for permanent retention. SYSTEM MANAGER AND ADDRESS: Director, Office of Information Operations (OIO), Office of the Chief Information Officer, 625 Herndon Parkway, Herndon, VA 20170. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORDS ACCESS PROCEDURES: A request for access should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Authorized user data comes from the Identity Information System (IIS). The subject document data is entered by the user. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16099 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Amendment of an Existing System of Records AGENCY: Bureau of Indian Affairs, Interior. ACTION: Proposed amendment of an existing system of records. SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA)is issuing public notice, pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), of its intent to amend its existing Privacy Act system of records notice entitled Interior, BIA-07, “Tribal Rolls,” published at 48 FR 41098 (September 13, 1983). DATES: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this proposed amendment may do so by submitting comments in writing to the Privacy Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to *Joan.Tyler@bia.gov.* FOR FURTHER INFORMATION CONTACT: Dolores Ayotte, Acting Superintendent, Alaska Region, West Central Alaska Agency, Bureau of Indian Affairs, Department of the Interior, 3601 C Street, Suite 1100, Anchorage, AK 99503, or by e-mail to *Delores.Ayotte@bia.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice amends the Privacy Act System of Records entitled Interior, BIA-07, “Tribal Rolls.” The purpose of this amendment is to:
(1)Change the name of the system to Interior, BIA-07, “Progeny;”
(2)update the information on the location of the records and the technology used to store and retrieve records;
(3)more clearly state the information that is included in the system of records;
(4)more clearly state the current routine uses of the records by organizations and individuals outside of the Department of the Interior; and
(5)expand the routine uses of such information to include using these records as a basis for the creation of the Certificate of Degree of Indian Blood
(CDIB)for the Alaska Native Claims Settlement Act (ANCSA) enrollees and descendants. A copy of the notice, with changes incorporated, is attached. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary, Policy and Economic Development. SYSTEM NAME: Progeny—Interior, BIA-07. SYSTEM LOCATION:
(1)BIA Albuquerque Data Center, 1011 Indian School Rd. NW., Albuquerque, NM 87104.
(2)Other BIA Area, Agency, and Field Offices. (For a listing of specific locations, contact the System Manager.) CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Alaska Native Individuals originally enrolled through the Alaska Native Claims Settlement Act and their descendants. CATEGORIES OF RECORDS IN THE SYSTEM: • Tribal member information, including name, social security number, birth date, address, phone number, blood quantum, names of biological parents, and grandparents, and certificate of Degree of Indian Blood (CDIB); • Tribal affiliation information, including Tribal Enrollment Number, Tribal member profile report, and Tribal composition; • Tribal member genealogy information, including a family tree report, birth, marriage, and death notices; and • Records of actions taken, including judgment distributions, per capita payments, shares of stocks, ownership, and census data taken using the rolls as a base. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of 25 U.S.C. 163; 25 U.S.C. 480. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The primary use of the records is to support DOI's statutory duty to create a Secretary's Roll of Tribal group members. Records are used to determine eligibility of individuals to participate in or enjoy benefits from an interest in a Tribal group, and to provide lists of approved enrollees used to distribute funds or income, or as a base to gather census or ownership data for planning purposes. Disclosures outside of the Department of the Interior may be made:
(1)To the Tribe, Band, Pueblo, or corporation of which the individual to which the record pertains is a member or stockholder.
(a)To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(3)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(4)To any criminal, civil, or regulatory law enforcement authority (whether Federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(5)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(6)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.
(7)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(8)To State and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(9)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(10)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(11)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(12)To the Department of the Treasury to recover debts owed to the United States.
(13)To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURES TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in both paper and electronic form. RETRIEVABILITY: Manual records are indexed by name. Electronic records can be retrieved by name, social security number, birth date, enrollment number, phone number, or address. SAFEGUARDS: Progeny is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)Physical Security: Paper or electronic format records are maintained in locked file cabinets and/or in secured rooms.
(2)Technical Security: Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data are protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for Progeny and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)Administrative Security: All DOI and contractor employees with access to Progeny are required to complete Privacy Act, Records Management Act, and Security Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration, and are scheduled for permanent retention. SYSTEM MANAGER AND ADDRESS: Deputy Bureau Director, Office of Trust Services, 1849 C Street, NW., Washington, DC, 20240. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORD ACCESS PROCEDURES: A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Source information is received from individuals on whom the records are maintained, or from Federal and Tribal Government enrollment records. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16100 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Establishment of a New System of Records AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of addition of a new system of records. SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA)is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). The new Privacy Act system of records is entitled Interior, BIA-34: “National Irrigation Information Management System (NIIMS).” DATES: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this new system of records may do so by submitting comments in writing to the Privacy Act Officer, 625 Herndon Parkway, Herndon, Virginia 20170, or by e-mail to *Joan.Tyler@bia.gov.* FOR FURTHER INFORMATION CONTACT: For information regarding Interior, BIA-34, National Irrigation Information Management System (NIIMS), contact Vicki Forrest, Deputy Bureau Director, Office of Trust Services, Bureau of Indian Affairs, 1849 C Street, NW., Washington, DC 20240, or by e-mail to *Vicki.Forrest@bia.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice establishes the Privacy Act system of records entitled Interior, BIA-34, “National Irrigation Information Management System (NIIMS).” NIIMS is a billing, debt collection, and debt management system for customers of Indian irrigation operation-and-maintenance and construction projects operated by the BIA with costs that are reimbursable to the Federal government. NIIMS tracks financial billing and collection information, establishes receivables, processes collection actions and posts them against the receivables, and on a daily basis generates summarized transactions for interfacing with other Departmental financial systems. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development—Indian Affairs. SYSTEM NAME: National Irrigation Information Management System (NIIMS): Interior, BIA—34. SYSTEM LOCATION: DOI National Business Center (NBC), 7401 W. Mansfield Ave, D-2772, Denver, CO 80235-2230. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1)Customers (water users) of Indian irrigation operation-and-maintenance and construction projects operated by the BIA, including individuals (Indians and non-Indians), private sector parties (businesses), and tribal governments.
(2)Owners of land on which Indian irrigation projects are constructed, operated and maintained, to whom payments for water are made, including individuals (Indians and non-Indians), private sector parties (businesses), and tribal governments. CATEGORIES OF RECORDS IN THE SYSTEM:
(1)Information on current and former owners of land on which Indian irrigation projects are constructed, including land owner account number, Social Security Number, tax identification number, Indian identification number, phone number, name, address, Federal or State identification numbers.
(2)Customer (water user) billing information, including name of the person who remits payment, and the name of the party who was legally allowed to claim an applicable tax write-off for irrigation related expenses.
(3)Information about land on which irrigation projects are constructed including land construction data, county assigned district identifier, acreage, description of location, name of owner or lessee, phone number of the owner or lessee, and the value of the construction debt allocated to the land. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of 25 U.S.C. 1, 1a, 13; 18 U.S.C. 3055; 25 U.S.C. 480. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The primary uses of the records are to bill customers of Indian irrigation operation-and-maintenance and construction projects operated by the BIA, (including individual Indian and non-Indians and private sector parties (businesses)) with costs that are reimbursable to the Federal government, for water supplied by these projects, and to collect debts resulting from unpaid bills. Disclosure outside the Department of the Interior may be made:
(1)To the Department of the Treasury to recover debts owed to the United States. When a NIIMS account is delinquent for 120 days, it is referred to the Treasury for collection. The information shared with the Treasury includes the tax ID or social security number, the customer name and address, along with the amount of debt owed. (2)(a) To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(3)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(4)To any criminal, civil, or regulatory law enforcement authority (whether Federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(5)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(6)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose of which the records were compiled.
(7)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(8)To State and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(9)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(10)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft, or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(11)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(12)To the news media when the disclosure is compatible with the purpose for which the records were compiled.
(13)To owners of land on which Indian irrigation projects are constructed, operated and maintained (including individual Indian and non-Indians and private sector parties (businesses)) to verify the payment received. DISCLOSURES TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored on paper in a locked office or secured desk or cabinet, and in electronic form on hard disks and magnetic tapes. RETRIEVABILITY: Customer records are retrieved by name or customer ID number (if assigned). Ownership information is retrieved by owner name, unit serial number, or owner ID number (if assigned). Land information is retrieved by unit serial number. SAFEGUARDS: NIIMS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access.
(1)*Physical Security:* Paper or electronic format records are maintained in locked file cabinets and/or in secured rooms.
(2)*Technical Security:* Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data are protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for the NIIMS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)*Administrative Security:* All DOI and contractor employees with access to NIIMS are required to complete Privacy Act, Records Management Act, and Security Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the Bureau of Indian Affairs Manual (BIAM), approved by the National Archives and Records Administration (NARA), and are scheduled for permanent retention. SYSTEM MANAGER(S) AND ADDRESS: Financial Specialist, Division of Irrigation, Power, and Safety of Dams, Office of Trust Services, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORDS ACCESS PROCEDURES: A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Source information includes information taken from individuals, information manually extracted from other in-house BIA records such as realty and probate records, information from county assessors and title companies, information from tribal documents, information collected from the Department of the Treasury, and information extracted from native allotment files by authorized BIA employees. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16101 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Establishment of a New System of Records AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of addition of a new system of records. SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA)is issuing public notice, pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). The new Privacy Act system of records is entitled “Interior BIA-28: Alaska Title Plant Database System (AKTitle)”. DATES: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this proposed amendment may do so by submitting comments in writing to the Privacy Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to *Joan.Tyler@bia.gov.* FOR FURTHER INFORMATION CONTACT: Vicki Forrest, Deputy Bureau Director, Office of Trust Services, 1849 C Street, NW., Washington. DC 20240, or by e-mail to *vicki.forrest@bia.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice establishes the Privacy Act System of Records entitled Interior, BIA-28, “AKTitle.” The purpose of this system is to maintain a single database of records related to individual Indians enrolled in Alaska Native corporations and their heirs. The existence of one consolidated database allows Alaska Title Plant and Probate personnel to quickly and accurately locate records in order to verify real estate holdings. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary, Policy and Economic Development. SYSTEM NAME: AKTitle—Interior, BIA-28. SYSTEM LOCATION: Alaska Title Services Center, 3601 C Street, Suite 1100, Anchorage, AK 99053. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individual Indians enrolled in Alaska Native Corporations and heirs. CATEGORIES OF RECORDS IN THE SYSTEM: • Enrollee information, including name, date of birth, date of death, social security number, Alaska Native Enrollment Number, names of mother and father, Native Corporation to which individual is enrolled, and title ownership; and • Information on individual real estate holdings, including lot, block, section, township, range, and tract number. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of 36 Stat. 855, 856, 38 Stat. 588, 42 Stat. 1185, 44 U.S.C. 3101 *et seq.* ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: AKTitle is used to manage records of real estate holdings of individual Indians enrolled in Alaska Native corporations. AKTitle shares information with “Alaska National Interest Lands Conservation Act” (ANILCA) and Native Allotment Distributions for Alaska Realty and Compact/Contract Offices. Disclosures outside the Department of the Interior may be made:
(1)To State Offices (primarily Welfare, etc.); the Social Security Office; Indian Health Services; Department of Education; and Alaskan Natives. (2)(a) To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(3)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(4)To any criminal, civil, or regulatory law enforcement authority (whether Federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(5)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(6)To Federal, State, territorial, local, Alaskan Native, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.
(7)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(8)To State and local governments and Alaskan Native organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(9)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(10)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(11)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(12)To the Department of the Treasury to recover debts owed to the United States.
(13)To the news media when the disclosure is compatible with the purpose for which the records were compiled.
(14)To individual Indians and their heirs to verify their real estate holdings. DISCLOSURES TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in both paper and electronic form. RETRIEVABILITY: Manual records are indexed by name. Electronic records can be retrieved by name, social security number, date of birth, ID number, names of parents, U.S. Survey Numbers, or land descriptions such as Township or Range. SAFEGUARDS: AKTitle is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)*Physical Security:* Paper or electronic format records are maintained in locked file cabinets and/or in secured rooms.
(2)*Technical Security:* Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data are protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for AKTitle and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)*Administrative Security:* All DOI and contractor employees with access to AKTitle are required to complete Privacy Act, Records Management Act, and Security Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration, and are scheduled for permanent retention. SYSTEM MANAGER AND ADDRESS: Deputy Bureau Director, Office of Trust Services, 1849 C Street, NW., Washington, DC 20240. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORD ACCESS PROCEDURES: A request for access should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Source information is received from Probate files, Native Allotment files, the Bureau of Vital Statistics, the Regional Solicitor, and decisions from the Office of Hearings and Appeals. Information was collected from the public for the Vietnam Veterans Allotment Act. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16102 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Amendment of an Existing System of Records AGENCY: Bureau of Indian Affairs (BIA), Interior. ACTION: Proposed amendment of an existing system of records. SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA)is issuing public notice, pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), of its intent to amend its existing Privacy Act system of records notice entitled Interior, BIA-22, “Indian Student Records,” published at 55 FR 34085 (August 21, 1990). DATE: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on the amended system of records may do so by submitting comments in writing to the Privacy Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to *Joan.Tyler@bia.gov.* FOR FURTHER INFORMATION CONTACT: Kevin Skenandore, Acting Director, Bureau of Indian Education (BIE), 1849 C Street, NW., MIB MS 3609, Washington, DC 20245, or by e-mail to *Kevin.Skenandore@bia.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs, in 209 DM 8.1. This notice amends the Privacy Act System of Records entitled Interior, BIA-22, “Indian Student Records.” The purpose of the amendment is to:
(1)Change the name of the system from Interior, BIA-22, “Indian Student Records” to Interior, BIA-22, “Native American Student Information System” (NASIS)
(2)update the addresses of the system locations, system managers, and the categories of individuals covered by the system statement;
(3)update the information regarding disclosures outside the Department of the Interior;
(4)update the information on student records;
(5)update the routine uses, storage, retrievability and safeguards statements to incorporate the changes since the system notice was last published, and
(6)expand the existing system of records to include information necessary to generate the reports the Bureau of Indian Education produces annually to meet the various requirements. A copy of the notice, with changes incorporated, is attached. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary, Policy and Economic Development. SYSTEM NAME: Native American Student Information System (NASIS), Interior, BIA-22. SYSTEM LOCATION:
(1)Bureau of Indian Education
(BIE)Central Office, 1849 C Street, NW., MS 3609, Washington, DC 20240.
(2)Bureau of Indian Affairs
(BIA)Albuquerque Data Center, 1011 Indian School Road, NW, Albuquerque, NM 87104.
(3)Infinite Campus, 2 Pine Tree Drive, Suite 302, Arden Hills, MN 55112.
(4)BIE-specific school locations. For a listing of specific locations, contact the Systems Manager. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: • All students who attend BIE-funded primary and secondary schools; • All education staff who work at BIE-funded primary and secondary schools, including school administrators, principals, registrars, school clerks, teachers, teacher aides, counselors, school bus drivers (for certifications), janitorial staff, food service staff, school complex security staff, and dormitory staff; and • Parents or guardians of, and emergency or authorized contacts for, students attending BIE-funded primary and secondary schools. CATEGORIES OF RECORDS IN THE SYSTEM: • School staff information including, but not limited to, staff ID number, qualifications for staff position, school district of employment and school district assignments, home address, home phone number, and e-mail address; • Student information including name, birth date, address, phone number, e-mail address, student ID information, student photo, school, residential enrollment, free or reduced meal status, and household census information; • Student tribal affiliation, tribal certificate type, and validation of tribal membership; • Student contact information including contact information for parents or guardians or other parties to contact in an emergency, and relationships of students to emergency contacts; • Records documenting student behavior including information on behavior problems and the resolution of the problems; • Transcripts, test scores, grades, education level, classes available, class scheduling, special education data, gifted and talented data, instructional and residential attendance; • School bus transportation data; • Languages spoken by students, level of English proficiency, indigenous Indian languages spoken, and preferred language; • Immunization records of students, health conditions of students and other information pertaining to student health, including treatments for health problems. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of 25 U.S.C. 1, 1a, 13; 25 U.S.C. 480; Public Law 95-561 and subsequent amendments; 25 CFR parts 31, 36, and 39; the Snyder Act (25 U.S.C. 13); Johnson O'Malley Act (codified as amended, 25 U.S.C. 452 (2000)); Elementary and Secondary Education Act (20 U.S.C. 6301); Tribally Controlled Schools Act (25 U.S.C. 2501 *et seq.* ); Indian Self-Determination and Education Assistance Act (25 U.S.C. 450); Indian Education Amendments of 1978 (25 U.S.C. 2001 *et seq.* ); Individuals with Disabilities Education Act
(IDEA)(20 U.S.C. 1400 *et seq.* ); Improving America's Schools Act (Pub. L. 103-382); and the No Child Left Behind Act of 2002 (NCLBA) (Pub. L. 107-110). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: The system is used to administer BIE-funded schools by providing high quality data to legitimate users. NASIS serves as the BIE's primary tracking and reporting system for students attending BIE-funded schools and for duty certifications of employees at such schools. Disclosure outside the Department of the Interior may be made:
(1)To Congress in the form of Indian Student Equalization Program
(ISEP)reports to justify ISEP funding for Indian schools.
(2)To the Department of Education in the form of Consolidated School Reports to satisfy accountability requirements of NCLBA.
(3)To the Department of Education in the form of Annual Performance Reports to satisfy accountability requirements of the IDEA.
(4)To parents and guardians of students in the form of web-enabled access to grades, assignments, attendance, behavior, schedule, and school calendar for their student.
(5)To parents and guardians of students in the form of periodic reports on their student(s).
(6)To State education departments in the form of bio-grid data for assessment access for students within that State for the purpose of fulfilling accountability requirements under NCLBA.
(7)To State education departments in the form of attendance and graduation rate data for students within that State for the purpose of fulfilling accountability requirements under NCLBA.
(8)To an authorized recipient such as a parent, medical facility, service provider, or school to which the student is transferring, in the form of a data package containing information about the student to enable the recipient to provide services to the student, following the guidelines of the IDEA for special education students, or privacy policies for DOI and Family Education Rights and Privacy Act (FERPA) for all other students.
(9)To the public in the form of school report cards as required by NCLBA.
(10)To individual requestors in accordance with the requirements of FERPA and Freedom of Information Act (FOIA).
(11)To schools receiving grants from or under contract to the BIE. (12)(a) To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(13)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(14)To any criminal, civil, or regulatory law enforcement authority (whether Federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(15)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(16)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.
(17)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(18)To state and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(19)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(20)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(21)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(22)To the Department of the Treasury to recover debts owed to the United States.
(23)To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURES TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in both paper and electronic form. Technical data from audit logs and database queries produced by IT support in Infinite Campus are stored in paper form at this location. Sensitive student records including grades, attendance records, health, special programs, and behavior information are stored in paper form in locked file cabinets. Electronic records are stored on hard disks. RETRIEVABILITY: Records including attendance, grades, discipline information, test and assessment histories, program enrollments, and health information are retrieved from the NASIS using a unique student identification code assigned by the system. Other records for school administrators, principals, teachers, teacher aides, counselors, school bus drivers, line officers, regional directors, system administrators, librarians, food service workers, dormitory managers, and parents/guardian records are retrievable using a unique identifier code assigned by the system for each individual. SAFEGUARDS: NASIS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)*Physical Security:* Paper records are maintained in locked file cabinets and/or in secured rooms.
(2)*Technical Security:* Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data are protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for the NASIS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met. Security procedures are verified through annual assessments of the applications. The NASIS Security Assessment was last performed 12/19/2006 in accordance with FIPS 200 and NIST 800-53.
(3)*Administrative Security:* All DOI and contractor employees with access to NASIS are required to complete Privacy Act, Records Management Act, and Security Awareness Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration (NARA), and are scheduled for permanent retention. SYSTEM MANAGER(S) AND ADDRESS: NASIS COTR and Project Manager, Bureau of Indian Education, 1001 Indian School Road, NW, Suite 219A, Albuquerque, NM 87103 NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORDS ACCESS PROCEDURES: A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Information is received from students attending BIE-funded schools, parents/guardians of students, school administrators, principals, teachers, teacher aides, counselors, school bus drivers, librarians, food service workers, and dormitory managers on whom records are maintained. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16103 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Establishment of a New System of Records AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of addition of a new system of records. SUMMARY: The Department of the Interior, Bureau of Indian Affairs
(BIA)is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552). This action is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). The new Privacy Act system of records is entitled Interior, BIA-30, “Identity Information System” (IIS). DATES: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this new system of records may do so by submitting comments in writing to the Privacy Act Officer, 625 Herndon Parkway, Herndon VA 20170, or by e-mail to *Joan.Tyler@bia.gov.* FOR FURTHER INFORMATION CONTACT: Nicole Jaber, Director, Division of Independent Validation and Verification, Office of the Chief Information Officer, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail at *Nicole.Jaber@bia.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice establishes the Privacy Act system of records entitled Interior, BIA-30, “Identity Information System” (IIS). The purpose of this system is to provide an automated tool to track the security screening of BIA and Assistant Secretary—Indian Affairs (AS-IA) employees and contractors. It enables or allows BIA and AS-IA to record completion of official required IT security training and track requests for access to BIA IT information systems. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary, Policy and Economic Development. SYSTEM NAME: Identity Information System (IIS)—Interior, BIA-30. SYSTEM LOCATION: Herndon Data Center (HDC), 625 Herndon Parkway, Herndon, VA 20170. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Those members from the following organizations who require access to BIA IT systems:
(1)Employees and contractors of AS-IA, BIA and the Bureau of Indian Education
(2)Office of the Special Trustee for American Indians
(3)Office of Hearings and Appeals
(4)Office of Historical Trust Accounting
(5)Bureau of Land Management
(6)Tribal users covered under a 638 Compact/Contract CATEGORIES OF RECORDS IN THE SYSTEM:
(1)Individual data including the name, title, birth date, Social Security Number, phone number, office name, and office location;
(2)Agency affiliation and status as employee or contractor
(3)Status of required training;
(4)System role based accesses granted to each user;
(5)Building access badge information;
(6)Acceptance date of BIA Rules of Behavior;
(7)Record showing that background status has been confirmed by personnel security;
(8)IT systems for which access has been requested and the status of those requests;
(9)Supervisor or government approver records showing those users whose access or removal request needs to be approved by the supervisor or government approver;
(10)Business owner records showing those users whose access or removal request needs to be approved by the business owner;
(11)System administrator records showing the names of those users whose access needs to be set up or revoked;
(12)Contract Officer Technical Representative
(COTR)records showing the names and other data of contract IT users employed on a contract under the administrative support of that COTR. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of 25 U.S.C. 1, 1a, 13; 25 U.S.C. 480. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The system is used to record and manage contact, training, and security screening information about BIA and AS-IA employees and contractors; and to manage access by BIA and AS-IA employees and contractors to BIA information systems. Disclosure(s) outside the Department of the Interior may be made:
(a)To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(2)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(3)To any criminal, civil, or regulatory law enforcement authority (whether Federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(4)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(5)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.
(6)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(7)To State and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(8)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(9)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(10)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(11)To the Department of the Treasury to recover debts owed to the United States.
(12)To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURES TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored on network storage devices, ( *e.g.* , hard disks, magnetic tapes) and on paper. RETRIEVABILITY: IIS users view their own data by signing onto IIS with their user name and password. Additional access to data is role based. For example, supervisors and COTRs can see the data of those for whom they are responsible, and IIS system administrators can see the data for all users in the system. SAFEGUARDS: IIS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)*Physical Security:* Paper or electronic format records are maintained in locked file cabinets and/or in secured rooms.
(2)*Technical Security:* Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data are protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for the IIS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)*Administrative Security:* All DOI and contractor employees with access to IIS are required to complete Privacy Act, Records Management Act, and Security Awareness Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration, and scheduled for permanent retention. SYSTEM MANAGER AND ADDRESS: Director, Office of Information Operations (OIO), Office of the Chief Information Officer, 625 Herndon Parkway, Herndon, VA 20170. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORDS ACCESS PROCEDURES: A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Individuals on whom the records are maintained providing information on themselves, managers issuing approvals for system access requests, IT technicians reporting status of IT system access requests, and personnel security officers reporting verification of background investigations. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16104 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Addition of a New System of Records AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of addition of a new system of records. SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA)is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). The new Privacy Act system of records is entitled Interior, BIA-29: “Fee to Trust Tracking System” (FTTS). DATE: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this proposed amendment may do so by submitting comments in writing to the Privacy Act Officer, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170, or by e-mail to *Joan.Tyler@bia.gov.* FOR FURTHER INFORMATION CONTACT: Vicki Forrest, Deputy Bureau Director, Office of Trust Services, 1849 C Street, NW., Washington, DC 20240, or by e-mail at *Vicki.Forrest@bia.gov.* SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice establishes the Privacy Act system of records entitled Interior, BIA-29: “Fee to Trust Tracking System” (FTTS). FTTS was developed for the BIA to track applications for conversions of land from fee ownership into trust status for Tribes and individual Indians. FTTS is replacing an existing legacy system, Fee to Trust (FTT), that does not collect sufficient information to properly track applications. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development—Indian Affairs. SYSTEM NAME: Fee to Trust Tracking System (FTTS), Interior, BIA-29. SYSTEM LOCATION: Office of Information Operations, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1)Individuals applying to the Department of the Interior
(DOI)for conversion of land from fee ownership into trust status.
(2)Individuals, Tribes, organizations or other stakeholders or their representatives with an interest in applications for converting land from fee ownership into trust status.
(3)DOI employees or contractors who process the applications for conversion of land from fee ownership into trust status if their contact information is required. CATEGORIES OF RECORDS IN THE SYSTEM:
(1)Statistical information necessary to improve and streamline the process, as well as, budget preparatory information to support the entire transfer of fee simple land into trust lands for tribes and individual Indians.
(2)Information required by the trust fee lands transfer case packet application, including but not limited to, a legal description of the trust fee land packet, and the name, phone number and address of the party (or parties) filing the application.
(3)Legal representation information pertaining to the trust fee lands transfer packet application, including but not limited to the name, phone number, and business address, of the lawyers representing the party (or parties) filing the application.
(4)Case management information for each packet, including but not limited to trust fee land packet number, documents required for the processing of the trust fee land transfer, and Tribal consensual information.
(5)Information pertaining to the status of the packet with respect to the steps required to transfer fee simple land into trust land for tribes and individual Indians. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 552; 5 U.S.C. 552A; 5 U.S.C. 301; 43 U.S.C. 1457; and 44 U.S.C. 3101 *et seq.* authorize the Department of the Interior to maintain this system of records. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: FTTS is used primarily to track applications for conversions of land from fee simple ownership into trust status for Tribes and individual Indians. Disclosure outside the Department of the Interior may be made:
(a)To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(2)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(3)To any criminal, civil, or regulatory law enforcement authority (whether federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(4)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(5)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.
(6)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(7)To State and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(8)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(9)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(10)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(11)To the Department of the Treasury to recover debts owed to the United States.
(12)To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in both paper and electronic form. RETRIEVABILITY: Both manual and electronic data can be retrieved (by means of a search of electronic indices) by land transfer packet case number, name of party (or parties) filing the application, name of Tribe, property name, assessor's parcel number, or region, state, county and meridian. SAFEGUARDS: FTTS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)*Physical Security:* Paper or electronic format records are maintained in locked file cabinets and/or in secured rooms.
(2)*Technical Security:* Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data are protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for FTTS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)*Administrative Security:* All DOI and contractor employees with access to FTTS are required to complete Privacy Act, Records Management Act, and Security Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration, and are scheduled for permanent retention. SYSTEM MANAGER AND ADDRESS: Deputy Bureau Director, Office of Trust Services, 1849 C Street, NW., Washington, DC 20240. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60. RECORD ACCESS PROCEDURES: A request for access should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Source information is received from individuals on whom the records are maintained, or from legal representatives acting on the behalf of parties filing applications to convert land from fee simple ownership into trust status. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16105 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Privacy Act of 1974, as Amended; Establishment of a New System of Records AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of addition of a new system of records. SUMMARY: The Department of the Interior (DOI), Bureau of Indian Affairs
(BIA)is issuing public notice of its intent to add a new Privacy Act system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a). This action is necessary to meet the requirements of the Privacy Act to publish in the **Federal Register** notice of the existence and character of records systems maintained by the agency (5 U.S.C. 552a(e)(4)). This new Privacy Act system of records is entitled Interior, BIA-32, “Land Consolidation Tracking System” (LCTS). DATES: Comments must be received by August 25, 2008. ADDRESSES: Any persons interested in commenting on this new system of records may do so by submitting comments in writing to the Privacy Act Officer, 625 Herndon Parkway, Herndon, VA 20170, via fax to 703-735-4386, or by e-mail to *Joan.Tyler@bia.gov* . FOR FURTHER INFORMATION CONTACT: For information regarding Interior, BIA-32, “Land Consolidation Tracking System” (LCTS), contact Melissa O'Connor, Program Assistant, BIA, Indian Land Consolidation Center, 721 W. Lakeshore Dr., Ashland, WI, 54806, or by e-mail at *Melissa.O'Connor@bia.gov* . SUPPLEMENTARY INFORMATION: This notice is published pursuant to the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) and is in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs in 209 DM 8.1. This notice establishes the Privacy Act system of records entitled Interior, BIA-32, “Land Consolidation Tracking System” (LCTS). The purpose of the LCTS is to provide the Indian Land Consolidation Program
(ILCP)with an electronic means of tracking the land sale process. LCTS tracks the land sale process from initiation by the landowner until the sale is complete. The LCTS gives a land owner an updated status report on the sale of his/her land. It also provides the BIA with a means of tracking the paper documents that pertain to the sale and with management reports pertaining to the steps in the land sale process. Dated: July 9, 2008. George T. Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development—Indian Affairs. SYSTEM NAME: Land Consolidation Tracking System (LCTS)—Interior, BIA-32. SYSTEM LOCATION: Office of the Chief Information Officer, Office of Information Operations, Bureau of Indian Affairs, 625 Herndon Parkway, Herndon, VA 20170. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1)Land owners who are sellers and clients of the LCTS process.
(2)Indian Land Consolidation Office
(ILCO)staff whose office and work information is used to validate staffing requirements. CATERGORIES OF RECORDS IN THE SYSTEM:
(1)The name, surname at birth if different from married name (if married), address, telephone number, Social Security Number, tribal enrollment number, gender, date of birth, date of death, mother's maiden name, and father's name of each Indian land owner.
(2)The land owner's fractionated interests by Land Area Code, ownership percentage, number of shares, equivalent acres, and value.
(3)Summaries of land tracts and locations for each individual land holder, location and summary information on the tracts and whether the land has mineral value or not.
(4)The information necessary to track information about the seller and document the interaction with ILCO.
(5)The status of land sales, metrics on the Indian Land Consolidation Act program to help determine the effectiveness of the program.
(6)The time spent and contribution value of support carried out by ILCO personnel in order to track Activity Based Costing Management.
(7)Information on the location of documents generated by the sale process that are needed by the members of the ILCO staff in order to continue a transaction or answer a question.
(8)Names and contact information for ILCO staff, which is used for tracking the land consolidation work and validating the staff requirements. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: This system of records is maintained under the authority of 25 U.S.C. 1, 1a, 13; 18 U.S.C. 3055; 25 U.S.C. 480. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The LCTS is primarily used to administer the Indian Land Consolidation Program by tracking the land sale process, providing the BIA with a means of tracking the paper documents that pertain to the land sale, and providing the land owner with status reports on the sale of his/her land. LCTS tracks the land sale process from initiation by the landowner until the sale is complete. Disclosures outside the Department of the Interior may be made:
(1)To Tribes that compact, contract, or enter into cooperative agreements with the BIA.
(a)To any of the following entities or individuals, when the circumstances set forth in paragraph
(b)are met:
(i)The Department of Justice (DOJ);
(ii)A court, adjudicative or other administrative body;
(iii)A party in litigation before a court or adjudicative or other administrative body; or
(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(b)When:
(i)One of the following is a party to the proceeding or has an interest in the proceeding:
(A)DOI or any component of DOI;
(B)Any other Federal agency appearing before the Office of Hearings and Appeals;
(C)Any DOI employee acting in his or her official capacity;
(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;
(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and
(ii)DOI deems the disclosure to be:
(A)Relevant and necessary to the proceeding; and
(B)Compatible with the purposes for which the records were compiled.
(3)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if covered individual is deceased, has made to the office.
(4)To any criminal, civil, or regulatory law enforcement authority (whether Federal, State, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.
(5)To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.
(6)To Federal, State, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing, or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.
(7)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.
(8)To State and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.
(9)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.
(10)The appropriate agencies, entities, and persons when:
(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and
(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and
(c)The disclosure is made of such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
(11)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.
(12)To the Department of the Treasury to recover debts owed to the United States.
(13)To the news media when the disclosure is compatible with the purpose for which the records were compiled. DISCLOSURES TO CONSUMER REPORTING Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined by the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are maintained in manual form in file folders. Electronic data extracted from title documents pertaining to land owners, land ownership, conveyances, encumbrances, valuation and income, are maintained on electronic media ( *e.g.* , tape, disk, and other digital or electronic media.) RETRIEVABILITY: Manual records are retrievable by the surname of the land owner. Electronic records are retrievable from LCTS by name, Social Security Number, tribal enrollment number, mother's maiden name, or date of birth. SAFEGUARDS: LCTS is maintained with controls meeting safeguard requirements identified in Departmental Privacy Act Regulations (43 CFR 2.51) for manual and automated records. Access to records is limited to authorized personnel whose official duties require such access; agency officials have access only to records pertaining to their agencies.
(1)Physical Security: Paper or electronic format records are maintained in locked file cabinets and/or in secured rooms.
(2)Technical Security: Electronic records are maintained in conformity with Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. Electronic data is protected through user identification, passwords, database permissions, and software controls. These security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed for LCTS and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.
(3)Administrative Security: All DOI and contractor employees with access to LCTS are required to complete Privacy Act, Records Management Act, and Security Awareness Training. RETENTION AND DISPOSAL: Records relating to individuals covered by this system are retained in accordance with the 16 Bureau of Indian Affairs Manual (BIAM), as approved by the National Archives and Records Administration, and, as such, are scheduled for permanent retention. SYSTEM MANAGER(S) AND ADDRESS: Program Assistant, BIA, Indian Land Consolidation Office, 721 W. Lakeshore Dr., Ashland, WI 54806. NOTIFICATION PROCEDURES: Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet requirements of 43 CFR 2.60. RECORDS ACCESS PROCEDURES: A request for access should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Source information includes information taken from individuals and information manually extracted from other in-house BIA records, such as realty and probate records. Source information also includes county assessor, title company, and tribal documents, and documents collected from the Department of Treasury and from native allotment files. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16106 Filed 7-14-08; 8:45 am] BILLING CODE 4312-RY-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-220-08-5410-FR-A511; AZA-33799] Notice of Realty Action: Application for Conveyance of Federal Mineral Interests, Maricopa County, AZ AGENCY: Bureau of Land Management, Interior. ACTION: Notice of application. SUMMARY: The surface owner of the lands described in this notice, aggregating approximately 160 acres, has filed an application for the purchase of the Federally-owned mineral interests in the lands. Publication of this notice temporarily segregates the mineral interest from appropriation under the public land laws, including the mining law. DATES: Interested persons may submit written comments to the Bureau of Land Management
(BLM)at the address stated below. Comments must be received no later than August 29, 2008. *Comments:* Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. If you wish to withhold your name or address from public review or from disclosure under the Freedom of Information Act, you must clearly state this at the beginning of your written comment. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The BLM will honor requests for confidentiality on a case-by-case basis to the extent allowed by law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. All persons who wish to present comments, suggestions, or objections in connection with the pending application may do so by writing to Teresa A. Raml, Phoenix District Manager, at the following address. ADDRESSES: Bureau of Land Management, Phoenix District, 21605 North 7th Avenue, Phoenix, AZ 85027. Detailed information concerning this action, including appropriate environmental information, is available for review at the above address. FOR FURTHER INFORMATION CONTACT: Matthew Magaletti, Lands and Realty Specialist, at the above address or at 623-580-5590. SUPPLEMENTARY INFORMATION: The surface owner of the following described lands has filed an application pursuant to section 209 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1719(b), for the purchase and conveyance of the Federally-owned mineral interest in the following described lands: Gila and Salt River Base and Meridian, Yavapai County, Arizona T. 1 S., R. 3 W., Sec. 9, SW 1/4 NE 1/4 , SE 1/4 NW 1/4 , NE 1/4 SW 1/4 , NW 1/4 SE 1/4 . Total Acres 160.00, more or less. Effective immediately, the BLM will process the pending application in accordance with the regulations stated in 43 CFR part 2720. Written comments concerning the application must be received no later than the date specified above in this notice. The purpose for a purchase and conveyance is to allow consolidation of surface and subsurface minerals ownership where
(1)there are no known mineral values or
(2)in those instances where the Federal mineral interest reservation interferes with or precludes appropriate nonmineral development and such development is a more beneficial use of the land than the mineral development. On July 15, 2008 the mineral interests owned by the United States in the above described lands will be segregated to the extent that they will not be subject to appropriation under the public land laws, including the mining laws. The segregative effect shall terminate upon issuance of a patent or deed of such mineral interest; upon final rejection of the mineral conveyance application; or July 15, 2010, whichever occurs first. Authority: 43 CFR 2720.1-1(b). Teresa A. Raml, District Manager. [FR Doc. E8-16081 Filed 7-14-08; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-310-08-1610-DU-241A] Notice of Intent To Amend the Kingman Resource Area, Resource Management Plan and Associated Environmental Assessment AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent. SUMMARY: The Bureau of Land Management
(BLM)Kingman Field Office, Kingman, Arizona, intends to amend the Kingman Resource Management Plan
(RMP)with an associated Environmental Assessment
(EA)and by this notice is announcing the start of the public scoping period. The Kingman RMP, approved March 1995, requires amendment in order to designate a Transportation Corridor in response to an Arizona Department of Transportation
(ADOT)proposal to realign State Route 95 (SR-95). DATES: Public scoping comments will be accepted for 30 days from the publication date of this **Federal Register** Notice. ADDRESSES: You may submit comments by any of the following methods: • *E-mail: john_reid@blm.gov* . • *Fax:* 928-718-3761. • *Mail:* Ruben Sanchez, Field Manager, BLM , Kingman Field Office, 2755 Mission Boulevard, Kingman, Arizona 86401. Documents pertinent to this proposal may be examined at the Kingman Field Office. FOR FURTHER INFORMATION: For further information and/or to have your name added to our mailing list, contact John Reid, Environmental Protection Specialist, Kingman Field Office, telephone
(928)718-3735; e-mail *john_reid@blm.gov* . SUPPLEMENTARY INFORMATION: This document provides notice that the BLM Kingman Field Office, Kingman, Arizona, intends to amend the Kingman RMP with an associated EA and announces the public scoping period. The proposed location for the Transportation Corridor would be within Gila and Salt River Meridian, Mohave County, Arizona: T. 16N., R.20 W.; T. 17 N., R. 20 W.; T. 17 N., R. 21 W.; T. 19 N., R. 21 W.; and, T. 21 N., R. 20 W. The area described contains about 776 acres in Mohave County, Arizona. The amendment will fulfill the needs and obligations set forth by the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and BLM management policies. The BLM will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns. The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis and alternatives. You may submit comments on issues to the BLM using one of the methods listed in the ADDRESSES section above. To be most helpful, please submit formal scoping comments within 30 days after publication of this notice. Comments received after conclusion of the 30-day period will be considered, but may not be addressed in the EA. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The minutes and list of attendees for each scoping meeting will be available to the public and open for 30 days after the meeting to any participant who wishes to clarify the views he or she expressed. Preliminary issues and management concerns have been identified by BLM personnel, other agencies, and in meetings with individuals and user groups. They represent the BLM's knowledge to date regarding the existing issues and concerns with current land management. The major issues identified thus far that will be addressed include: • Land Tenure adjustments; • Cultural Resources management; • Visual Resource management; • Special Status Species management; • Wild and Free Roaming Horse and Burro management; and, • Resource Access and Travel Management. In addition to these major issues, a number of management questions and concerns will be addressed in the RMP amendment. The public is encouraged to help identify these questions and concerns during the scoping phase. The Federal Highway Administration is in the process of developing an EIS that will analyze project specific effects. Following the preparation of the EIS there will be further opportunities for public involvement and comment. Authority: 43 CFR 2809. Dated: July 2, 2008. Ruben A. Sánchez, Kingman Field Office Manager. [FR Doc. E8-16082 Filed 7-14-08; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR National Park Service General Management Plan, Environmental Impact Statement, Golden Spike National Historic Site, UT AGENCY: National Park Service, Department of the Interior. ACTION: Notice of intent to prepare an environmental impact statement for the general management plan for Golden Spike National Historic Site. SUMMARY: Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service is preparing an environmental impact statement for the general management plan for Golden Spike National Historic Site, Utah. The Regional Director, Intermountain Region, will approve the environmental impact statement. Golden Spike National Historic Site is in Box Elder County, Utah. The national historic site was authorized by Congress on July 30, 1965. Congress charged the Secretary with acquisition of lands “ * * * for the purpose of establishing a national historic site commemorating the completion of the first transcontinental railroad across the United States * * *” The enabling legislation also states that “the National Park Service * * * shall administer, protect, and develop such historic site, subject to the provisions of the Act entitled `An Act to establish a National Park Service, and for other purposes' ” approved August 25, 1916 (39 Stat. 525), as amended and supplemented, and the Act entitled “An Act to provide for the preservation of historic American sites buildings, objects, and antiquities of national significance, and for other purposes,” approved August 21, 1935 (49 Stat. 666), as amended. The general management plan will prescribe the resource conditions and visitor experiences that are to be achieved and maintained in the national historic site over the next approximately 20 years. The clarification of what must be achieved according to law and policy will be based on review of the park's purpose, significance, special mandates, and the body of law and policies directing the park management. Management decisions to be made where law, policy, or regulations do not provide clear guidance or limits will be based on the purposes of the park; the range of public expectations and concerns; resource analysis; an evaluation of the natural, cultural, and social impacts of alternative courses of action; and consideration of long-term economic costs. Based on determinations of desired conditions, the general management plan will outline the kinds of resource management activities, visitor activities, land acquisition, and development that would be appropriate in the park in the future. Alternatives will be developed through this planning process and will include, at a minimum, no-action and the preferred alternative. Major issues may include, but are not limited to, the need to identify desired conditions and future management strategies for cultural and natural resources, the need to address visitor use and experience issues, and site operations concerns. DATES: The National Park Service will conduct public scoping for 90 days from the date of publication of this notice. Open meetings regarding the general management plan may be held during the public scoping period depending on the level of public interest. Specific dates, times, and locations will be made available in the local media, or by contacting the Superintendent, Golden Spike National Historic Site. ADDRESSES: Throughout the scoping and planning process, information will be available for public review and comment online at *http://parkplanning.nps.gov/gosp,* and from the office of the Superintendent, Golden Spike National Historic Site, Promontory Summit, Utah. FOR FURTHER INFORMATION CONTACT: Leslie Crossland, Superintendent, Golden Spike National Historic Site, P.O. Box 897, Brigham City, Utah 84302-0897; TEL
(435)471-2209; FAX
(435)471-2341. SUPPLEMENTARY INFORMATION: If you want to comment on the general management planning process for Golden Spike National Historic Site, or on any issues associated with the plan, you many submit your comments by any one of several methods. You may mail comments to Superintendent, Golden Spike National Historic Site, P.O. Box 897, Brigham City, Utah 84302-0897. You may also submit comments on the National Park Service's Planning, Environment, and Public Comment Web site at *http://parkplanning.nps.gov/gosp.* Finally, you may hand-deliver comments to Golden Spike Headquarters near Promontory, Utah. 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. Although 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. We will make all submissions from organizations, businesses, or individuals identifying themselves as representatives or officials of organizations or businesses available for public inspection in their entirety. Dated: May 22, 2008. John T. Crowley, Acting Regional Director, Intermountain Region, National Park Service. [FR Doc. E8-16083 Filed 7-14-08; 8:45 am] BILLING CODE 4312-DE-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-627] In the Matter of Certain Short Wavelength Semiconductor Lasers and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Extending the Target Date of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 9) issued by the presiding administrative law judge (“ALJ”) extending the target date in the above-captioned investigation to September 14, 2009. FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-5432. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: This investigation was instituted on January 3, 2008, based on a complaint filed by Seoul Semiconductor Company, Ltd. (“SSC”) of Seoul, Korea. The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of short wavelength semiconductor lasers and products containing the same that infringe claim 1 of U.S. Patent No. 5,321,713. The complaint initially named Nichia Corporation (“Nichia”) of Tokushima, Japan as the sole respondent. Subsequently, five additional respondents were added to the investigation. On May 27, 2008, the administrative law judge (“ALJ”) issued Order No. 8, requesting that the parties submit a proposed target date and proposed schedules in response to Order No. 6, which added the five additional respondents mentioned above. Upon receipt and consideration of the submissions received, the ALJ issued the subject ID on June 13, 2008, extending the target date from August 24, 2009, to September 14, 2009. No petitions for review were filed. The Commission has determined not to review the ID. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42 and 210.51 of the Commission's Rules of Practice and Procedure (19 CFR 210.42, 210.51). By order of the Commission: Issued: July 9, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-16023 Filed 7-14-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-018] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: July 16, 2008 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202)205-2000. Status: Open to the public. Matters To Be Considered: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731-TA-990 (Review) (Non-Malleable Cast Iron Pipe Fittings from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before July 24, 2008.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: July 9, 2008. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-16033 Filed 7-14-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-019] Government In the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: July 17, 2008 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202)205-2000. Status: Open to the public. Matters to be Considered: 1. Agenda for future meetings: none 2. Minutes 3. Ratification List 4. Inv. Nos. 701-TA-449 and 731-TA-1118-1120 (Final) (Light-Walled Rectangular Pipe and Tube from China, Korea, and Mexico)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners' opinions to the Secretary of Commerce on or before July 28, 2008.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: July 9, 2008. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-16034 Filed 7-14-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [USITC SE-08-020] Government In the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. Time and Date: July 18, 2008 at 11 a.m. Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202)205-2000. Status: Open to the public. Matters to be Considered: 1. Agenda for future meetings: None. 2. Minutes 3. Ratification List 4. Inv. Nos. 701-TA-450 and 731-TA-1122 (Final) (Laminated Woven Sacks from China)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners' opinions to the Secretary of Commerce on or before July 30, 2008.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission: Issued: July 9, 2008. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8-16035 Filed 7-14-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Notice is hereby given that on July 8, 2008, a proposed Consent Decree in *United States* v. *Bristol-Myers Squibb Company,* Civil Action No. 3:08-CV-097, was lodged with the United States District Court for the Southern District of Indiana. In this action, the United States sought injunctive relief and civil penalties for violations of the industrial refrigerant repair, recordkeeping, and reporting regulations at 40 CFR 82.152-82.166 (Recycling and Emission Reduction) promulgated by the Environmental Protection Agency (“EPA”) under Subchapter VI of the Act (Stratospheric Ozone Protection), 42 U.S.C. 7671-7671q, at thirteen of Bristol-Myers Squibb's United States facilities, which are located in Wallingford, Connecticut; Evansville and Mount Vernon, Indiana; Billerica, Massachusetts; Zeeland, Michigan; Hopewell, Lawrenceville, and New Brunswick, New Jersey; Buffalo and East Syracuse, New York; and Barceloneta, Humacao, and Mayaguez, Puerto Rico. In the proposed Consent Decree, Bristol-Myers Squibb agrees to
(1)retrofit or retire seventeen of its industrial process and comfort cooling (air conditioners) refrigeration units at five of its facilities, in Evansville and Mt. Vernon, Indiana; Hopewell, New Jersey; and Humacao and Mayaguez, Puerto Rico by July 1, 2009,
(2)pay a $127,000 penalty to the United States, and
(3)perform a Supplemental Environmental Project by retiring two comfort cooling refrigeration units at its New Brunswick, New Jersey facility and tying the functions served by the comfort coolers into the company's new centralized water-chilled refrigeration systems at a cost of at least $2,250,000. The Department of Justice will receive for a period of thirty
(30)days from the date of this publication comments relating to the Consent Decree. 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. *Bristol-Myers Squibb Company,* D.J. Ref. 90-5-2-1-08547. The Consent Decree may be examined at the Office of the United States Attorney, 10 West Market St., Suite 2100, Indianapolis, IN, 46204, and at U.S. EPA Region 5, 77 West Jackson Blvd., Chicago, IL 60604. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, to *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Consent Decree 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 no.
(202)514-0097, phone confirmation number
(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $9.00 (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. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-16107 Filed 7-14-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Supplemental Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act On June 5, 2008, the Department of Justice published notice of lodging of a proposed Consent Decree on May 29, 2008, with the United States District Court for the Northern District of Illinois in *United States* v. *Waste Management of Illinois, Inc. et al.* , Civil No. 08-50094 (N.D. Ill.), under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9601-9675. *See* 73 FR 32050-1 (June 5, 2008). The Department of Justice hereby supplements its Notice to indicate that under Section 7003(d) of the Resource Conservation and Recovery Act (“RCRA''), 42 U.S.C. 6973(d), the public may request an opportunity for a public meeting in the affected area at which time they may offer comment. This opportunity to request a public meeting is extended for 10 days from the date of publication of this Supplemental Notice. William D. Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-16110 Filed 7-14-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,393] Best: Artex LLC, Currently Known as Best Textiles International Ltd., Highland, IL; Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on May 24, 2007, applicable to workers of Best: Artex LLC, Highland, Illinois. The notice was published in the **Federal Register** on June 7, 2007 (72 FR 31616). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the support activities of accounting and technical services to an affiliate in West Point, Mississippi, producing dyed and bleached fabric. New information shows that following a change in ownership in February 2007, Best: Artex LLC is currently known as Best Textiles International Ltd. Workers separated from employment at the subject firm had their wages reported under a separate unemployment insurance
(UI)tax account for Best Textiles International Ltd. Accordingly, the Department is amending this certification to show that Best: Artex LLC is currently known as Best Textiles International Ltd. The intent of the Department's certification is to include all workers of Best: Artex LLC, currently known as Best Textiles International Ltd. who were adversely affected by a shift in production to Cambodia. The amended notice applicable to TA-W-61,393 is hereby issued as follows: “All workers of Best: Artex LLC, currently known as Best Textiles International Ltd., Highland, Illinois, who became totally or partially separated from employment on or after April 26, 2006, through May 24, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 9th day of July 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16074 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,520] Carrier Access Corporation, Currently Known as Turin Networks, Boulder, CO; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on January 29, 2008, applicable to workers of Carrier Access Corporation, Boulder, Colorado. The notice was published in the **Federal Register** on January 25, 2008 (73 FR 4634). At the request of a company official, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of telecommunication equipment. New information shows that on February 8, 2008, Turin Networks purchased Carrier Access and is currently known as Turin Networks. Accordingly, the Department is amending this certification to show that Carrier Access Corporation is currently known as Turin Networks. The intent of the Department's certification is to include all workers of Carrier Access, currently known as Turin Networks who were adversely affected by a shift in production of telecommunication equipment to Mexico. The amended notice applicable to TA-W-62,520 is hereby issued as follows: “All workers of Carrier Access Corporation, currently known as Turin Networks, Boulder, Colorado, who became totally or partially separated from employment on or after January 7, 2008, through January 9, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974.” “All workers of Carrier Access Corporation, currently known as Turin Networks, Boulder, Colorado, who became totally or partially separated from employment on or after November 27, 2006, through January 9, 2010, are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC, this 8th day of July 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16076 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,298] Delphi Corporation, Thermal—Vandalia Plant, Including On-Site Leased Workers From Bartech, Vandalia, OH; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on October 24, 2007, applicable to workers of Delphi Corporation, Thermal—Vandalia Plant, Vandalia, Ohio. The notice was published in the **Federal Register** on November 6, 2007 (72 FR 62681). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of door modules, instrument panels, airbags, steering wheels, and power products for the auto industry. New information shows that leased workers from Bartech were employed on-site at the Vandalia, Ohio location of Delphi Corporation, Thermal—Vandalia Plant. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers from Bartech working on-site at the Vandalia, Ohio location of the subject firm. The intent of the Department's certification is to include all workers employed at Delphi Corporation, Thermal—Vandalia Plant who were adversely affected by a shift in production of door modules, instrument panels, airbags, steering wheels, and power products to Mexico. The amended notice applicable to TA-W-62,298 is hereby issued as follows: “All workers of Delphi Corporation, Thermal—Vandalia Plant, including on-site leased workers from Bartech, Vandalia, Ohio, who became totally or partially separated from employment on or after October 11, 2006, through October 24, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 9th day of July 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16075 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,038] Delphi Corporation, Automotive Holdings Group, Including Workers Whose Wages Are Reported Under the Employer Identification Number for General Motors Corporation, and Including On-Site Leased Workers from Bartech, MSX, Inc., Production Design Services, Troy Design and Setech, Inc., Moraine, OH; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on March 16, 2007, applicable to workers of Delphi Corporation, Automotive Holdings Group, including on-site leased workers of Bartech, MSX, Inc., Production Design Services and Troy Design, Moraine, Ohio. The notice was published in the **Federal Register** on March 30, 2007 (72 FR 15167). The certification was amended on May 1, 2008 to include on-site leased workers from Setech, Inc. The notice was published in the **Federal Register** on May 13, 2008 (73 FR 27558). At the request of a State agency, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of automotive compressors and pistons. New information provided to the Department shows that in March 2006, following a “Plan of Reorganization” agreement between Delphi Corporation and General Motors Corporation, some workers of the subject firm had their wages reported under the Unemployment Insurance
(UI)tax account for General Motors Corporation. Accordingly, the Department is amending this certification to properly reflect this matter. The amended notice applicable to TA-W-63,038 is hereby issued as follows: “All workers of Delphi Corporation, Automotive Holdings Group, including workers whose wages are reported under the employer identification number for General Motors Corporation, and including on-site leased workers from Bartech, MSX, Inc., Production Design Services, Troy Design and Setech, Inc., Moraine, Ohio, who became totally or partially separated from employment on or after February 26, 2006, through March 16, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC, this 7th day of July 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16073 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the period of June 23 through June 27, 2008. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. the country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.
(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2)the workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3)either—
(A)the workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph
(2)accounted for at least 20 percent of the production or sales of the workers' firm; or
(B)a loss or business by the workers' firm with the firm (or subdivision) described in paragraph
(2)contributed importantly to the workers' separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. *TA-W-63,579; Alcatel-Lucent, Direct Fulfillment Team, Oklahoma City, OK: June 13, 2007.* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. *None.* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. *None.* Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-63,385; Cadence Innovation, LLC, Headquarters Div., Michigan Staffing, Modern Eng., National Technical, Troy, MI: May 12, 2007.* *TA-W-63,472; Sandberg and Sikorski Corp., New York, NY: May 29, 2007.* *TA-W-63,488; Schweitzer-Mauduit International, Inc., Lee Mills Division, Lee, MA: August 5, 2008.* *TA-W-62,882; Glaxosmithkline, Bristol, TN: April 9, 2007.* *TA-W-63,303; Hermetic Seal Corp, Division of Ametek HCC Industries, El Monte, CA: April 15, 2007.* *TA-W-63,303A; Hermetic Seal Corp, Division of Ametek HCC Industries, Rosemead, CA: April 15, 2007.* *TA-W-63,308; Sumitomo Bakelite North America, Inc., Manchester, CT: May 2, 2007.* *TA-W-63,343; Taylor King, Inc., Taylorsville, NC: May 7, 2007.* *TA-W-63,419; Ansonia Copper and Brass, Inc., Ansonia Division, Ansonia, CT: December 7, 2007.* *TA-W-62,801; Taylormade-Adidas Golf Co, Industrial Plastics, Adecco, Westminister, SC: March 2, 2007.* *TA-W-63,550; Pazvenu Apparel, Inc., New York, NY: June 1, 2007.* *TA-W-63,570; Blue Angel's Fashion, Inc., San Francisco, CA: June 20, 2007.* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-63,325; Schott North America, Inc., Auburn, NY: May 2, 2007.* *TA-W-63,335; Bauman Springs USA, Inc., Paradigm Personnel, Labor Ready, Pineville, NC: April 18, 2007.* *TA-W-63,354; JBL Incorporated, Division of Harman International, Inc., Northridge, CA: April 9, 2007.* *TA-W-63,387; Todco, Div. of Overhead Door Corp., Placement Pros, Fresno, CA: May 14, 2007.* *TA-W-63,394; Serigraph, Inc., Seek, Adecco, OPS and Site, West Bend, WI: May 13, 2007.* *TA-W-63,400; Gateway, Inc., North Sioux City, SD: May 14, 2007.* *TA-W-63,400A; Gateway, Inc., Irvine Center Drive Facility, Irvine, CA: May 14, 2007.* *TA-W-63,400B; Gateway, Inc., Myford Road Facility, Irvine, CA: May 14, 2007.* *TA-W-63,429; BorgWarner, Transmission Systems Division, Aerotek, Frankfort, IL: October 7, 2007.* *TA-W-63,475; Biosense Webster, A Div. of Johnson & Johnson, Kelly Services, Irwindale, CA: June 3, 2007.* *TA-W-63,476; Indalex, Inc., Modesto, CA: June 4, 2007.* *TA-W-63,484; Paul Winston Eurostar, LLC, New York, NY: May 23, 2007.* *TA-W-63,490; Tenneco, Inc., Clevite-Pullman Division, Milan, OH: June 4, 2007.* *TA-W-63,504; Kongsberg Automotive, Inc., Interior Systems Division, Willis, TX: June 5, 2007.* *TA-W-63,510; Plastech Engineered Products, Manpower, Kenton, TN: June 6, 2007.* *TA-W-63,514; Plastech Engineered Products, Inc., Elwood, IN: June 5, 2007.* *TA-W-63,522; Brockway Mould, Inc., Brockport, PA: June 20, 2008.* *TA-W-63,558; Park Shirt Company, Inc., Jamestown, TN: June 17, 2007.* *TA-W-63,059; Springs Global, Griffin Finishing Division, Servsource, Griffin, GA: March 24, 2007.* *TA-W-63,528; Callaway Golf Ball Operations, Inc., Callaway Golf, BTS Staffing, Accustaff, Johnstown, NY: June 6, 2007.* *TA-W-63,544; ITW Alma, Illinois Tool Works, Global Employment, Auto Personnel, Kennesaw, GA: June 16, 2007.* *TA-W-63,551; Culp, Inc., Culp Weaving Division, Graham, NC: April 5, 2008.* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *None.* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-63,473; Whyco Finishing Technologies, LLC, Thomaston, CT: June 3, 2007.* Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion
(1)of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. *TA-W-63,579; Alcatel-Lucent, Direct Fulfillment Team, Oklahoma City, OK.* The Department has determined that criterion
(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *None.* The Department has determined that criterion
(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None.* Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. *TA-W-63,364; Domtar A.W. Corporation, U.S. Pulp and Paper Division, Nekoosa, WI.* *TA-W-63,440; Magline, Inc., Pinconning, MI.* *TA-W-63,559; Shieldalloy Metallurgical Corporation, Newfield, NJ.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-63,406; Cocomo Apparel, Inc, Vernon, CA.* *TA-W-63,409; Twigg Corporation, Martinsville, IN.* *TA-W-63,471; Appleton Coated LLC, Combined Locks, WI.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-62,612; Buckhorn, Inc., Dawson Springs, KY.* *TA-W-62,720; PGM-Fermentation West Plant, Division of Pfizer Global Manufacturing, Portage, MI.* *TA-W-62,901; Georgia Pacific Corrugated LLC, Packaging Division, Franklin, MA.* *TA-W-63,012; Building Materials Corporation of America, DBA GAF Materials Corporation, Millis, MA.* *TA-W-63,024; West Pharmaceutical Services, Tech Group Erie Tool Shop, Erie, PA.* *TA-W-63,264; Kenworth Truck Company, Chillicothe, OH.* *TA-W-63,397; Skyline Corporation, Bossier City, LA.* *TA-W-63,447; West Fraser, Inc., Leola Lumber Mill, Leola, AR.* *TA-W-63,329; Maple Leaf Farms, Inc., Franksville, WI.* The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-63,375; Boston Coach Corporation, Everett Call Center, Everett, MA.* *TA-W-63,524; Tennessee Orthopaedic Alliance, Nashville, TN.* *TA-W-63,580; Credit Payment Services, Inc., Reno, NV.* The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. *None.* I hereby certify that the aforementioned determinations were issued during the period of June 23 through June 27, 2008. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: July 7, 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16072 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,947] Norcal Pottery Products, Macramé Department, Richmond Distribution Center, Richmond, CA; Notice of Negative Determination on Reconsideration On April 30, 2008, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The notice was published in the **Federal Register** on May 7, 2008 (73 FR 25772). The TAA petition, which was filed on behalf of workers at Norcal Pottery Products, Macramé Department, Richmond Distribution Center, Richmond, California engaged in the production of macramé plant hangers was denied based on the findings that during the relevant time period, the subject company did not separate or threaten to separate a significant number or proportion of workers, as required by Section 222 of the Trade Act of 1974. In the request for reconsideration, the petitioner stated that the subject firm contracted five independent contractors to produce macramé plant hangers. The petitioner also stated that the contracts between the subject firm and the contractors were terminated in 2007. The petitioner seems to allege that because the workers were contracted to perform production for the subject firm, they should be considered as employees of the subject firm and, therefore, eligible for Trade Adjustment Assistance. To support the allegations, the petitioner attached copies of the “Independent Contractor Agreement”. To determine whether five contracting workers were employees of the subject firm, on-site leased workers, or workers under the control of the subject firm and whether there was a significant proportion of workers separated or threatened with separations at the subject company during the relevant time period, the Department contacted the subject firm's company official and requested employment figures for the relevant employment data (for one year prior to the date of the petition and any imminent layoffs). The company official stated that five independent contractors were not employees of Norcal Pottery Products, Macramé Department, Richmond Distribution Center, Richmond, California, and they were not leased workers employed on-site of the subject facility. It was revealed that the independent contractors produced macramé plant hangers at their homes. The company official also stated that the nature of the business between the subject firm and the independent contractors was determined by the contractual agreement, which underlines no operational control by Norcal Pottery Products over these independent contractors. The Department carefully reviewed the Independent Contract Agreement provided by the petitioner to determine whether there was operational control by the subject firm over the contracted workers. According to the document, the relationship between the parties is described as two independent entities “engaged in a separate business enterprise”. It states that the “contractor is free to contract similar services to be provided for other customers”. The Agreement also states that “Company is concerned only with the act of completion of the work,” and that “the conduct and control of the work to be provided by Contractor will lie solely with the Contractor, who alone shall be in control” of the work. Furthermore, the agreement allows the contractor to employ or utilize other persons to carry out the terms of the Agreement under contractor's control. The investigation on reconsideration determined that five contractors claiming to be employees of Norcal Pottery Products, Macramé Department, Richmond Distribution Center, Richmond, California were not employees of the subject firm or leased workers employed on-site of the subject facility. The investigation also revealed that the independent contractors were not under operational control of the subject facility, and thus cannot be considered to be a part of the worker group employed by the subject firm. After careful review of the information provided on reconsideration, it was revealed that Norcal Pottery Products, Macramé Department, Richmond Distribution Center, Richmond, California is a distribution facility and no production of macramé plant hangers took place at the subject location. Moreover, a review of the records provided by the company official established that only two workers were separated from the subject facility during the relevant time period. Conclusion After reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Norcal Pottery Products, Macramé Department, Richmond Distribution Center, Richmond, California. Signed at Washington, DC, this 1st day of July, 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16078 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,418] Gramercy Jewelry Manufacturing Corporation, New York, NY; Notice of Negative Determination Regarding Application for Reconsideration By application dated June 19, 2008, a company official requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of Gramercy Jewelry Manufacturing Corporation, New York, New York, to apply for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance (ATAA). The negative determination was issued on June 10, 2008. The Department's notice of determination was published in the **Federal Register** on June 27, 2008 (73 FR 36576). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The TAA petition, which was filed on behalf of workers at Gramercy Jewelry Manufacturing Corporation, New York, New York engaged in the production of jewelry, was denied based on the findings that sales and production at the subject firm did not decrease from 2006 to 2007 or from January through April 2008, when compared with the same period in 2007. The investigation also revealed no shift in production to a foreign country in the relevant time period. In the request for reconsideration, the company official stated that he disagrees with the investigation and that the subject firm “laid off about 25 employees.” The company official did not supply any additional information regarding sales or production that would warrant reopening the investigation. After careful review of the request for reconsideration, the Department determines that none of the circumstances under 29 CFR 90.18(c) for granting reconsideration have been met. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC this 8th day of July 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16079 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration is issuing this notice to announce the receipt of two
(2)individual “Certification of Non-Relocation and Market and Capacity Information Reports” (Form 4279-2) for the following: *Applicant/Location:* Central Pork Packers, LLC/Cherokee, Iowa and Rock Rapids, Iowa. *Principal Product/Purpose:* The loan, guarantee, or grant applications are for two
(2)new business ventures that plan to separately acquire for each location the infrastructure, building, and equipment needed for pork animal slaughtering. The NAICS industry code for both enterprises is: 311611 Animal (except Poultry) Slaughtering. DATES: All interested parties may submit comments in writing no later than July 29, 2008. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210; or e-mail *Dais.Anthony@dol.gov;* or transmit via fax
(202)693-3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number
(202)693-2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR Part 75, authorizes the United States Department of Agriculture to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in:
(a)A transfer of any employment or business activity from one area to another by the loan applicant's business operation; or,
(b)An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed: at Washington, DC this 9th of July, 2008. Gay M. Gilbert, Administrator, Office of Workforce Investment, Employment and Training Administration. [FR Doc. E8-16145 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,875] Bolton Metal Products Co., Including On-Site Leased Workers of Adecco Staffing, Bellefonte, PA; Amended Notice of Revised Determination on Reconsideration In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Notice of Revised Determination on Reconsideration on May 9, 2008. The notice was published in the **Federal Register** on May 15, 2008 (72 FR 28169-28170). At the request of the petitioners, the Department reviewed the Notice of Revised Determination on Reconsideration for workers of the subject firm. The workers are engaged in the production of brass rod, wire and low melt alloys. The workers are separately identifiable by product line. New information shows that leased workers of Adecco Staffing were employed on-site at the Bellefonte, Pennsylvania location of Bolton Metal Products, Co. The Department has determined that these workers were sufficiently under the control of Bolton Metal Products Co. to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Adecco Staffing working on-site at the Bellefonte, Pennsylvania location of the subject firm. The intent of the Department's certification is to include all workers employed at Bolton Metal Products Co., Bellefonte, Pennsylvania who were adversely-impacted by increased imports of brass rod, wire, and low melt alloys. The amended notice applicable to TA-W-62,875 is hereby issued as follows: “All workers of Bolton Metal Products Co., including on-site leased workers of Adecco Staffing, Bellefonte, Pennsylvania, who became totally or partially separated from employment on or after February 18, 2007, through May 9, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 26th day of June 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16077 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,458] Excello Engineered Systems, Macedonia, OH; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on June 2, 2008 in response to a worker petition filed by a company official on behalf of workers of Excello Engineered Systems, Macedonia, Ohio. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 8th day of July 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16080 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,616] Holophane, Newark, OH; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on June 30, 2008 in response to a petition filed by a company official on behalf of workers of Holophane, Newark, Ohio. The petitioning group of workers are covered under the earlier petition (TA-W-63,615), filed on June 27, 2008 that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. Signed at Washington, DC this 8th day of July, 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-16071 Filed 7-14-08; 8:45 am] BILLING CODE 4510-FN-P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2007-3 CRB CD 2004-2005] Distribution of the 2004 and 2005 Cable Royalty Funds AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of Phase I distribution proceeding with request for Petitions to Participate. SUMMARY: The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the Phase I distribution of 2004 and 2005 royalties collected under the cable statutory license. The Judges are also announcing the date by which a party who wishes to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 filing fee. DATES: Petitions to Participate and the filing fee are due on or before August 14, 2008. ADDRESSES: An original, five copies, and an electronic copy in Portable Document Format
(PDF)on a CD of the Petition to Participate, along with the $150 filing fee, may be delivered to the Copyright Royalty Board by either mail or hand delivery. Petitions to Participate and the $150 filing fee may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), Petitions to Participate, along with the $150 filing fee, must be addressed to: Copyright Royalty Board, P.O. 70977, Washington, DC 20024-0977. If hand delivered by a private party, Petitions to Participate, along with the $150 filing fee, must be brought to the Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a commercial courier, Petitions to Participate, along with the $150 filing fee, must be delivered to the Congressional Courier Acceptance Site, located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue, SE., Washington, DC 20559-6000. FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program Specialist, by telephone at
(202)707-7658 or e-mail at *crb@loc.gov.* SUPPLEMENTARY INFORMATION: Background Each year, semiannually, cable systems must submit royalty payments to the Copyright Office as required by the cable statutory license for the privilege of retransmitting over-the-air television and radio broadcast signals. 17 U.S.C. 111. These royalties are then distributed to copyright owners whose works were included in such retransmissions and who timely filed a claim for royalties. Distribution of the royalties for each calendar year are determined by the Copyright Royalty Judges (“Judges”) in two phases. At Phase I, the royalties are divided among the representatives of the major categories of copyrightable content (movies, sports programming, music, etc.) requesting the distribution. At Phase II, the royalties are divided among the various copyright owners within each category. This Notice announcing the commencement of a proceeding under 17 U.S.C. 803(b)(1) for distribution of cable royalties collected for 2004 and 2005 is confined to Phase I. Commencement of Phase I Proceeding Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges determine that a Phase I controversy exists as to the distribution of the 2004 and 2005 cable royalties. We reach this determination, in this instance, for two reasons. First, several interested parties have represented to us that a Phase I controversy exists for these years. *See* Petition to Declare Controversy and Initiate a Phase I Proceeding for the Distribution of the 2004 and 2005 Cable Royalty Funds filed by the Motion Picture Association of America, Inc. (“MPAA”) (filed July 16, 2007); and comments filed by the following parties in Docket No. 2007-3 CRB CD 2004-2005: Independent Producers Group (filed February 28, 2008); a comment filed jointly by Program Suppliers, Joint Sports Claimants, Public Television Claimants, National Association of Broadcasters, American Society of Composers, Authors and Publishers, Broadcast Music, Inc., SESAC, Inc., National Public Radio and Canadian Claimants Group (filed February 29, 2008). Second, to date we have not received notification that any settlements have been reached for either of these years, nor have we received motions for final distribution. The Judges are consolidating the 2004 and 2005 royalty years into a single proceeding. We note that the Librarian routinely consolidated multiple royalty years into a single proceeding in order to maximize the efficiencies associated with the distribution process. We see no reason to deviate from this practice in this instance because there appear to be no unusual issues associated with these years that would make a consolidated proceeding unduly complex. *See* MPAA Petition to Declare a Controversy at 2 (“anticipate that same, or closely similar, issues will be presented for both years”). Therefore, consolidation of these two years represents the most administratively efficient manner in which to determine the distribution of these royalty funds. Petitions To Participate Petitions to Participate must be filed in accordance with § 351.1(b) of the Judges' regulations. *See* 37 CFR 351.1(b). Petitions to Participate submitted by interested parties whose claims do not exceed $1,000 1 must contain a statement that the party will not seek a distribution of more than $1,000. No filing fee is required for these parties. We note, however, that interested parties with claims exceeding one thousand dollars ($1,000) must submit a filing fee of one hundred and fifty dollars ($150) with their Petition to Participate or it will be rejected. Cash will not be accepted; therefore, parties must pay the filing fee with a check or money order made payable to the “Copyright Royalty Board.” If a check is returned for lack of sufficient funds, the corresponding Petition to Participate will be dismissed. 1 The Copyright Royalty Judges Program Technical Corrections Act, Public Law No. 109-303, changed the amount from $10,000 to $1,000. Further procedural matters, including scheduling, will be addressed after Petitions to Participate have been received. Note that in accordance with 37 CFR 350.2 (Representation), only attorneys who are members of the bar in one or more states and in good standing will be allowed to represent parties before the Copyright Royalty Judges, unless the party is an individual who represents herself or himself. Dated: July 10, 2008. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E8-16137 Filed 7-14-08; 8:45 am] BILLING CODE 1410-72-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration
(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before August 14, 2008. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division
(NWML)using one of the following means: *Mail:* NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. *E-mail: requestschedule@nara.gov.* *Fax:* 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Telephone: 301-837-1539. E-mail: *records.mgt@nara.gov* . SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form
(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. The schedules listed in this notice are media neutral unless specified otherwise. An item in a schedule is media neutral when the disposition instructions may be applied to records regardless of the medium in which the records are created and maintained. Items included in schedules submitted to NARA on or after December 17, 2007, are media neutral unless the item is limited to a specific medium. (See 36 CFR 1228.24(b)(3).) No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of Health and Human Services, Food and Drug Administration (N1-88-07-2, 16 items, 13 temporary items). Guidance and regulation development records; publication change requests; non-substantive program subject files; program management files; adverse event reports relating to agency regulated products; and regulated products registration and listing records. Proposed for permanent retention are final guidance documents, internal program directives and procedures manuals, and substantive program subject files. 2. Department of Homeland Security, Management Directorate (N1-563-08-10, 4 items, 3 temporary items). Classification management records relating to declassification plans, requests, and reviews. Proposed for permanent retention are security classification guides. 3. Department of Homeland Security, United States Citizenship and Immigration Services (N1-566-08-10, 1 item, 1 temporary item). Master file associated with an electronic information system that stores biometric images (photograph, fingerprint, and signature) used to verify the identity of registered resident aliens and for preventing illegal entry into the United States. 4. Department of Homeland Security, United States Citizenship and Immigration Services (N1-566-08-15, 1 item, 1 temporary item). Master file associated with an electronic information system that processes and tracks applications by individuals for naturalization and/or citizenship. Data in the system is downloaded to the USCIS Central Index System, which was previously approved for permanent retention. 5. Department of the Interior, Bureau of Reclamation (N1-115-08-9, 2 items, 2 temporary items). Master files of the Supervisory Control and Data Acquisition systems and verification backups of files. These systems collect real time data used to operate and maintain water storage and hydroelectric power generation. 6. Department of the Interior, United States Geological Survey (N1-57-08-7, 12 items, 6 temporary items). Geology Discipline records including geology research project development, demonstration, distribution, assessment, testing, and related research functions. Proposed for permanent retention are significant research records and related indexes. 7. Department of Justice, Agency-wide (N1-60-08-21, 1 item, 1 temporary item). Master file for an electronic personnel locator system used for collaboration purposes and to contact personnel during emergency situations. 8. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (N1-436-08-4, 1 item, 1 temporary item). Master file of the Forensics Administrative Caseload and Evidence Tracking System, which tracks caseload status for submitted evidence. 9. Department of Justice, Federal Bureau of Investigation (N1-65-08-17, 1 item, 1 temporary item). This schedule requests authority to destroy case 29J-PG-70390, which pertains exclusively to the investigation of the captioned individual. This request responds to a Federal Pre-Trial Diversion Program court order to delete the records of the captioned individual. 10. Department of Justice, Federal Bureau of Investigation (N1-65-08-18, 1 item, 1 temporary item). This schedule requests authority to destroy case 46B-DL-87279, which pertains exclusively to the investigation of the captioned individual. This request responds to a Federal Pre-Trial Diversion Program court order to delete the records of the captioned individual. 11. Department of Justice, Federal Bureau of Investigation (N1-65-08-19, 2 items, 2 temporary items). Records of the health care programs unit, including equipment maintenance and non-employee individual health records. 12. Department of the Navy, Naval Criminal Investigative Service (N1-NU-07-8, 4 items, 4 temporary items). Forensic lab records, including reports, case notes, collected data and fingerprint records. 13. Department of the Treasury, Financial Management Service (N1-425-08-1, 32 items, 29 temporary items). Records of the Debt Management Services' Office of the Assistant Commissioner and Debt Program Division, including reporting records, background files, legislative proposal records, program development records, and customer interaction files for the Treasury Offset Program. Proposed for permanent retention are two series of briefing books covering program administration and policies and final debt collection activity reports. The proposed disposition instructions are limited to paper records, except where an electronic format is specified, including Disclosure Awareness Training records. 14. Environmental Protection Agency, Agency-wide (N1-412-08-8, 3 items, 3 temporary items). Web site records, including site management and operations records, log files, and Web content that is not unique ( *i.e.* , the record copy is captured elsewhere). 15. Federal Communications Commission, Office of Engineering and Technology (N1-173-08-2, 1 item, 1 temporary item). Master files of an electronic information system used to track applications for experimental licenses. 16. Federal Communications Commission, Office of Engineering and Technology (N1-173-08-3, 1 item, 1 temporary item). Master files of an electronic information system documenting technical reports. 17. Federal Communications Commission, Office of Engineering and Technology (N1-173-08-6, 1 item, 1 temporary item). Master file of an electronic information system used to track the receipt and disposition of information related to equipment authorization enforcement. 18. Federal Energy Regulatory Commission, Agency-wide (N1-138-08-1, 6 items, 1 temporary item). This schedule authorizes the agency to apply the existing disposition instructions to records series regardless of the recordkeeping medium. Included are Secretary's meeting folders containing agendas and drafts of documents discussed and considered. Paper recordkeeping copies of these records were previously approved for disposal. Also included are minutes of formal Commission meetings and transcripts and digital recordings, for which paper and analog recordkeeping copies previously were approved as permanent. 19. Federal Maritime Commission, Office of the General Counsel (N1-358-08-8, 8 items, 8 temporary items). International affairs files, court and docket case files, legislative correspondence, and subject files. 20. Millennium Challenge Corporation, Agency-wide (N1-561-08-4, 5 items, 5 temporary items). Master files and outputs for electronic information systems used by the agency for performance measuring, evaluation of policy performance of candidate countries, and sharing of information on countries requesting agency partnerships. 21. National Commission on Libraries and Information Science, Agency-wide (N1-220-08-2, 9 items, 9 temporary items). Correspondence files, subject files, task force files, and related records documenting program activities relating to library and information science. The records will be donated to the Special Collections Library at the University of Michigan. The proposed disposition instructions are limited to paper records. 22. Nuclear Regulatory Commission, Office of Federal and State Materials and Environmental Management Programs (N1-431-08-7, 1 item, 1 temporary item). Master file of an electronic information system used to manage information on requests from licensees for authorization to dispose of low level nuclear wastes. 23. Nuclear Regulatory Commission, Office of Federal and State Materials and Environmental Management Programs (N1-431-08-8, 3 items, 3 temporary items). Master file and outputs of an electronic information system used to track requests for reciprocity between jurisdictions in regard to licensing of radioactive materials for medical and industrial testing uses. Dated: July 10, 2008. Michael J. Kurtz, Assistant Archivist for Records Services—Washington, DC. [FR Doc. E8-16236 Filed 7-14-08; 8:45 am] BILLING CODE 7515-01-P NATIONAL INSTITUTE FOR LITERACY National Institute for Literacy Advisory Board AGENCY: National Institute for Literacy. ACTION: Notice of a closed meeting. SUMMARY: This notice sets forth the schedule and proposed agenda of an upcoming closed meeting of the National Institute for Literacy Advisory Board. The notice also describes the functions of the Committee. Notice of this meeting is required by Section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of its opportunity to attend. DATES: August 11, 2008. *Time:* Closed meeting 9 a.m. to 4 p.m. ADDRESSES: The National Institute for Literacy, 1775 I St., NW., Suite 730, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Steve Langley, Staff Assistant, the National Institute for Literacy; 1775 I St. NW., Suite 730; phone:
(202)233-2025; fax:
(202)233-2050; e-mail: *slangley@nifl.gov* . SUPPLEMENTARY INFORMATION: The National Institute for Literacy Advisory Board is authorized by section 242 of the Workforce Investment Act of 1998, Pub. L. 105-220 (20 U.S.C. 9252). The Board consists of 10 individuals appointed by the President with the advice and consent of the Senate. The Board advises and makes recommendations to the Interagency Group that administers the Institute. The Interagency Group is composed of the Secretaries of Education, Labor, and Health and Human Services. The Interagency Group considers the Board's recommendations in planning the goals of the Institute and in implementing any programs to achieve those goals. Specifically, the Board performs the following functions:
(a)Makes recommendations concerning the appointment of the Director and the staff of the Institute;
(b)provides independent advice on operation of the Institute; and
(c)receives reports from the Interagency Group and the Institute's Director. The purpose of this meeting is to discuss the national search for the position of Director. The discussion is likely to disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personnel privacy. The discussion must therefore be held in closed session under exemptions 2 and 6 of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(2) and (6). A summary of the activities at the closed session and related matters that are informative to the public and consistent with the policy of 5 U.S.C. 552b will be available to the public within 14 days of the meeting. *Request for Public Written Comment* . The public may send written comments to the Advisory Board no later than 5 p.m. on August 4, 2008, to Steve Langley at the National Institute for Literacy, 1775 I St., NW., Suite 730, Washington, DC 20006, e-mail: *slangley@nifl.gov* . Records are kept of all Committee proceedings and are available for public inspection at the National Institute for Literacy, 1775 I St., NW., Suite 730, Washington, DC 20006, from the hours of 9 a.m. to 5 p.m., Eastern Time Monday through Friday. *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/federegister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: July 9, 2008. Sandra Baxter, Director, The National Institute for Literacy. [FR Doc. E8-16029 Filed 7-14-08; 8:45 am] BILLING CODE 6055-01-P NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 AGENCY: National Science Foundation. ACTION: Notice of permits issued under the Antarctic Conservation Act of 1978, Public Law 95-541. SUMMARY: The National Science Foundation
(NSF)is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On June 9, 2008, the National Science Foundation published a notice in the **Federal Register** of permit applications received. Permits were issued on July 9, 2008 to: Erica Wikander, Permit No. 2009-007; Brian Stone, Permit No. 2009-008; Rennie S. Holt, Permit No. 2009-009. Nadene G. Kennedy, Permit Officer. [FR Doc. E8-16025 Filed 7-14-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 040-08778; License No. SMB-1393; EA-08-054] In the Matter of Chevron Environmental Management Company, Washington, PA, Decommissioning Project Site; Confirmatory Order Modifying License (Effective Immediately) I Chevron Environmental Management Company (CEMC or Licensee) is the holder of License No. SMB-1393 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 40. The license authorizes the decommissioning of the Washington, PA, Decommissioning Project in accordance with conditions specified therein. The facility is located in Washington, Pennsylvania. This confirmatory order is the result of an agreement reached during an alternative dispute resolution
(ADR)mediation session conducted on June 5, 2008. II On July 19, 2007, the NRC's Office of Investigations
(OI)issued its investigative report regarding whether a radiation safety employee
(RSE)was the subject of employment discrimination in violation of 10 CFR 40.7, “Employee protection.” In OI Report No. 1-2006-054, OI concluded that a RSE was discriminated against, in part, for raising concerns regarding the transportation of potentially contaminated soil samples over public roads and the monitoring of potentially radioactive airborne dust caused by the construction work activities at the site. By letter dated February 29, 2008, the NRC identified to the Licensee an apparent violation of 10 CFR 40.7, and offered CEMC the opportunity to provide a written response, attend a pre-decisional enforcement conference, or to request alternative dispute resolution
(ADR)in which a neutral mediator with no decision-making authority would facilitate discussions between the NRC and CEMC and, if possible, assist the NRC and CEMC in reaching an agreement. CEMC chose to participate in ADR. III On June 5, 2008, the NRC and CEMC met in an ADR session in Washington, D.C., mediated by a professional mediator, arranged through Cornell University's Institute on Conflict Resolution. This confirmatory order is issued pursuant to the agreement reached during the ADR process. The elements of the agreement consisted of the following: 1. By no later than thirty
(30)calendar days after the issuance of the confirmatory order, a member of CEMC's senior management responsible for the Washington site will, in writing, communicate CEMC's policy, and the expectations of management, to the Washington site workforce regarding their rights to raise concerns without fear of retaliation. 2. By no later than thirty
(30)calendar days after the issuance of this confirmatory order, CEMC shall distribute a questionnaire to all employees at the Washington site to assess, in part, whether employees understand their rights to raise concerns and solicit their willingness to raise nuclear safety concerns, if any. 3. By no later than thirty
(30)days after the issuance of this confirmatory order, CEMC agrees to implement a new requirement of its contractors (including subcontractors) at the Washington site whereby the contractors would be required to affirm to CEMC, in writing, at the time that any significant job action is being taken against a Washington site employee, that such action is not being implemented in retaliation for the employee raising safety-related concerns or in retaliation for filing a safety-related complaint either internally or externally, and to affirm that the job action was taken in compliance with 10 CFR 40.7, “Employee Protection.” 4. By no later than thirty
(30)calendar days after the issuance of this confirmatory order, CEMC agrees to enter into a written agreement with its contractors performing work at the Washington site that requires compliance with 10 CFR 40.7, “Employee Protection.” 5. By no later than sixty
(60)calendar days after the issuance of this confirmatory order, CEMC agrees to provide training conducted by its counsel to all Washington site supervisory employees relating to 10 CFR 40.7, “Employee Protection” and how to foster a safety-conscious work environment. 6. By no later than seventy five
(75)calendars days after the issuance of this confirmatory order, CEMC shall hold one or more meetings with employees at the Washington site to emphasize the company's policy and management's expectation that employees can raise any nuclear safety concerns without fear of retaliation. On July 2, 2008, CEMC consented to issuing this confirmatory order with the commitments, as described in Section V below. CEMC further agreed that this confirmatory order is to be effective upon issuance and it has waived its right to a hearing. IV Since CEMC has agreed to take additional actions to address NRC concerns, as set forth in Item III above, and NRC has concluded that its concerns can be resolved through issuance of this confirmatory order and thereby has agreed not to pursue any further enforcement action for this issue and will not count this matter as previous enforcement for the purposes of assessing potential future enforcement action civil penalty assessments in accordance with Section VI.C of the Enforcement Policy. I find that the Licensee's commitments as set forth in Section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that the public health and safety require that the Licensee's commitments be confirmed by this confirmatory order. Based on the above and the Licensee's consent, this confirmatory order is immediately effective upon issuance. By no later than thirty
(30)calendar days after the completion of the requirements in Section V, CEMC is required to notify the NRC in writing and summarizing its actions. V Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, *it is hereby ordered, effective immediately, that License No. SMB-1393 is modified as follows:* 1. By no later than thirty
(30)calendar days after the issuance of this confirmatory order, a member of CEMC's senior management responsible for the Washington site will, in writing, communicate CEMC's policy, and the expectations of management, to the Washington site workforce regarding their rights to raise concerns without fear of retaliation. 2. By no later than thirty
(30)calendar days after the issuance of this confirmatory order, CEMC shall distribute a questionnaire to all employees at the Washington site to assess, in part, whether employees understand their rights to raise concerns and solicit their willingness to raise nuclear safety concerns, if any. 3. By no later than thirty
(30)days after the issuance of this confirmatory order, CEMC agrees to implement a new requirement of its contractors (including subcontractors) at the Washington site whereby the contractors would be required to affirm to CEMC, in writing, at the time that any significant job action is being taken against a Washington site employee, that such action is not being implemented in retaliation for the employee raising safety-related concerns or in retaliation for filing a safety-related complaint either internally or externally, and to affirm that the job action was taken in compliance with 10 CFR 40.7, “Employee Protection.” 4. By no later than thirty
(30)calendar days after the issuance of this confirmatory order, CEMC agrees to enter into a written agreement with its contractors performing work at the Washington site that requires compliance with 10 CFR 40.7, “Employee Protection.” 5. By no later than sixty
(60)calendar days after the issuance of this confirmatory order, CEMC agrees to provide training conducted by its counsel to all Washington site supervisory employees relating to 10 CFR 40.7, “Employee Protection” and how to foster a safety-conscious work environment. 6. By no later than seventy five
(75)calendars days after the issuance of this confirmatory order, CEMC shall hold one or more meetings with employees at the Washington site to emphasize the company's policy and management's expectation that employees can raise any nuclear safety concerns without fear of retaliation. VI Any person adversely affected by this confirmatory order, other than the Licensee, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. A request for a hearing must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 Fed. Reg. 49, 139 (Aug. 8, 2007). The E-Filing process requires participants to submit and serve documents over the Internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five
(5)days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate also is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by
(1)first-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as Social Security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their works. If a person (other than the Licensee) requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If the hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this confirmatory order should be sustained. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section V above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received. A request for hearing shall not stay the immediate effectiveness of this order. Dated this 8th day of July, 2008. For the Nuclear Regulatory Commission. Cynthia A. Carpenter, Director, Office of Enforcement. [FR Doc. E8-16090 Filed 7-14-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Biweekly Notice; Applications and Amendments to Facility Operating Licenses; Involving No Significant Hazards Considerations I. Background Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the Commission or NRC staff) is publishing this regular biweekly notice. The Act requires the Commission publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued from June 19, 2008 to July 2, 2008. The last biweekly notice was published on July 1, 2008 (73 FR 370501). Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not
(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. The basis for this proposed determination for each amendment request is shown below. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D22, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of written comments received may be examined at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for a hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, person(s) may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-Filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/* . If a request for a hearing or petition for leave to intervene is filed within 60 days, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address, and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also set forth the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner/requestor intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner/requestor intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five
(5)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *hearingdocket@nrc.gov* , or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer <sup>TM</sup> is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* . Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. For further details with respect to this amendment action, see the application for amendment which is available for public inspection at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1
(800)397-4209,
(301)415-4737 or by e-mail to *pdr@nrc.gov* . Energy Northwest, Docket No. 50-397, Columbia Generating Station, Benton County, Washington *Date of amendment request:* May 7, 2008. *Description of amendment request:* The proposed changes would revise Technical Specification
(TS)Limiting Condition for Operation
(LCO)3.10.1, and the associated Bases, to expand its scope to include provisions for temperature excursions greater than 200 degrees F as a consequence of inservice leak and hydrostatic testing, and as a consequence of scram time testing initiated in conjunction with an inservice leak or hydrostatic test, while considering operational conditions to be in Mode 4. The U.S Nuclear Regulatory Commission
(NRC)issued a “Notice of Availability of Model Safety Evaluation on Technical Specification Improvement To Modify Requirements Regarding LCO 3.10.1, Inservice Leak and Hydrostatic Testing Operation Using the Consolidated Line Item Improvement Process” in the **Federal Register** on October 27, 2006 (71 FR 63050). The notice referenced a model safety evaluation, a model no significant hazards consideration
(NSHC)determination, and a model license amendment request published in the **Federal Register** on August 21, 2006 (71 FR 48561). In its application dated May 7, 2008, the licensee affirmed the applicability of the model NSHC determination which is presented below. *Basis for proposed no significant hazards consideration determination:* As required by 10 CFR 50.91(a), an analysis of the issue of NSHC adopted by the licensee is presented below: Criterion 1: The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Technical Specifications currently allow for operation at greater than 200 degrees F while imposing MODE 4 requirements in addition to the secondary containment requirements required to be met. Extending the activities that can apply this allowance will not adversely impact the probability or consequences of an accident previously evaluated. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. Criterion 2: The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. Technical Specifications currently allow for operation at greater than 200 degrees F while imposing MODE 4 requirements in addition to the secondary containment requirements required to be met. No new operational conditions beyond those currently allowed by LCO 3.10.1 are introduced. The changes do not involve a physical alteration of the plant (i.e., no new or different type of equipment will be installed) or a change in the methods governing normal plant operation. In addition, the changes do not impose any new or different requirements or eliminate any existing requirements. The changes do not alter assumptions made in the safety analysis. The proposed changes are consistent with the safety analysis assumptions and current plant operating practice. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated. Criterion 3: The proposed change does not involve a significant reduction in a margin of safety. Technical Specifications currently allow for operation at greater than 200 degrees F while imposing MODE 4 requirements in addition to the secondary containment requirements required to be met. Extending the activities that can apply this allowance will not adversely impact any margin of safety. Allowing completion of inspections and testing and supporting completion of scram time testing initiated in conjunction with an inservice leak or hydrostatic test prior to power operation results in enhanced safe operations by eliminating unnecessary maneuvers to control reactor temperature and pressure. Therefore, the proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the analysis adopted by the licensee and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. *Attorney for licensee:* William A. Horin, Esq., Winston & Strawn, 1700 K Street, NW., Washington, DC 20006-3817. *NRC Branch Chief:* Thomas G. Hiltz. PSEG Nuclear LLC, Docket Nos. 50-272 and 50-311, Salem Nuclear Generating Station, Unit Nos. 1 and 2, Salem County, New Jersey *Date of amendment request:* March 11, 2008, as supplemented on June 17, 2008. *Description of amendment request:* The proposed amendment would revise the requirements for fuel decay time prior to commencing movement of irradiated fuel in the reactor pressure vessel (RPV). Currently, Technical Specification
(TS)3/4.9.3, “Decay Time,” requires that:
(a)the reactor has been subcritical for at least 100 hours prior to movement of irradiated fuel in the RPV between October 15th through May 15th; and
(b)the reactor has been subcritical for at least 168 hours prior to movement of irradiated fuel in the RPV between May 16th and October 14th. The calendar approach is based on average river water temperature which is cooler in the fall through spring months. The proposed amendment would allow fuel movement to commence at 80 hours after the reactor is subcritical between October 15th through May 15th. *Basis for proposed no significant hazards consideration determination:* As required by 10 CFR 50.91(a), the licensee, in its letter dated June 17, 2008, has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the change involve a significant increase in the probability [ ] or consequences of an accident previously evaluated? Response: No. The proposed license amendment would allow fuel assemblies to be removed from the reactor core and be stored in the Spent Fuel Pool
(SFP)in less time after subcriticality than currently allowed by the Technical Specifications. Decreasing the decay time of the fuel affects the radionuclide make-up of the fuel to be offloaded as well as the amount of decay heat that is present from the fuel at the time of offload. The accident previously evaluated that is associated with the proposed license amendment is the fuel handling accident. Allowing the fuel to be offloaded in less time after subcriticality using actual heat loads does not impact the manner in which the fuel is offloaded. The accident initiator is the dropping of the fuel assembly. Since earlier offload does not affect fuel handling, there is no increase in the probability of occurrence of a Fuel Handling Accident (FHA). The time frame in which the fuel assemblies are moved has been evaluated against the 10 CFR 50.67 dose limits for members of the public, licensee personnel and control room. Additionally, the guidance provided in [Regulatory] Guide 1.183 was used for the selective application of Alternative Source Term. All dose limits are met with the reduced core offload times; and significant margin is maintained, as the minimum decay time prior to movement of fuel for the FHA analysis is 24 hours. Therefore, the proposed license amendment does not significantly increase the probability [ ] or the consequences of accidents previously evaluated. 2. [Does the change] [c]reate the possibility of a new or different kind of accident from any accident previously evaluated[?] Response: No. The proposed license amendment would allow core offload to occur in less time after subcriticality which affects the radionuclide makeup of the fuel to be offloaded as well as the amount of decay heat that is present from the fuel at the time of offload. The radionuclide makeup of the fuel assemblies and the amount of decay heat produced by the fuel assemblies do not currently initiate any accident. A change in the radionuclide makeup of the fuel at the time of core offload or an increase in the decay heat produced by the fuel being offloaded will not cause the initiation of any accident. The accident previously evaluated that is associated with fuel movement is the fuel handling accident; no new accidents are introduced. There is no change to the manner in which fuel is being handled or in the equipment used to offload or store the fuel. The effects of the additional decay heat load have been analyzed. The analysis demonstrates that the existing Spent Fuel Pool cooling system and associated systems under worst-case circumstances would maintain licensing limits and the integrity of the Spent Fuel Pool. Therefore, the proposed license amendment does not create the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the change involve a significant reduction in a margin of safety? Response: No. The margin of safety pertinent to the proposed changes is the dose consequences resulting from a fuel handling accident. The shorter decay time prior to fuel movement has been evaluated against 10 CFR 50.67 and all limits continue to be met. All dose limits are met with the reduced core offload times; and significant margin is maintained, as the minimum decay time prior to movement of fuel for the FHA analysis is 24 hours. Decay heat-up calculations performed prior to the refueling outage, as part of the Integrated Decay Heat Management
(IDHM)Program, ensure that planned spent fuel transfer to the SFP will not result in maximum SFP temperature exceeding the design basis limit of 149 °F (with both heat exchangers available) or 180 °F (with one heat exchanger alternating between the two pools). As stated above, the changes in radionuclide makeup and additional heat load do not impact any safety settings and do not cause any safety limit to not be met. In addition, the integrity of the Spent Fuel Pool is maintained. The time frame in which the fuel assemblies are moved has been evaluated against the 10 CFR 50.67 dose limits for members of the public, licensee personnel and control room. Additionally, the guidance provided in [Regulatory] Guide 1.183 was used. Calculations performed conclude that expected dose limits following a Fuel [H]andling Accident are met with the proposed decay time prior to commencing fuel movement. Therefore, the proposed changes do not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, with changes in the areas noted above, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. *Attorney for licensee:* Jeffrie J. Keenan, Esquire, Nuclear Business Unit—N21, P.O. Box 236, Hancocks Bridge, NJ 08038. *NRC Branch Chief:* Harold K. Chernoff. Previously Published Notices of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The following notices were previously published as separate individual notices. The notice content was the same as above. They were published as individual notices either because time did not allow the Commission to wait for this biweekly notice or because the action involved exigent circumstances. They are repeated here because the biweekly notice lists all amendments issued or proposed to be issued involving no significant hazards consideration. For details, see the individual notice in the **Federal Register** on the day and page cited. This notice does not extend the notice period of the original notice. Exelon Generation Company, LLC, Docket Nos. 50-352 and 50-353, Limerick Generating Station, Units 1 and 2, Montgomery County, Pennsylvania *Date of amendment request:* August 24, 2007, supplemented by letter dated June 11, 2008. *Description of amendment request:* The proposed amendment would increase the required minimum volume of fuel oil in the emergency diesel generator
(EDG)day tanks from 200 gallons to 250 gallons, enough for 1 hour of continuous operation of the associated EDG at rated load. This change is necessitated by a revision to the Limerick Generating Station design analysis of EDG fuel consumption that accounts for parameters not considered in the original analysis, including the use of ultra-low sulphur diesel fuel oil. *Date of publication of individual notice in* Federal Register: June 20, 2008 (73 FR 35168). *Expiration date of individual notice:* July 20, 2008 (Public comment) and August 19, 2008 (Hearing requests). FirstEnergy Nuclear Operating Company, Docket No. 50-346, Davis-Besse Nuclear Power Station, Unit No. 1, Ottawa County, Ohio *Date of amendment request:* August 3, 2007. *Brief description of amendment request:* The proposed amendment would represent a full conversion from the current technical specifications to a set of improved technical specifications based on NUREG-1430, “Standard Technical Specifications Babcock and Wilcox Plants,” Revision 3.1 dated December 2005 and certain generic changes to the NUREG. *Date of publication of individual notice in* Federal Register: May 22, 2008. *Expiration date of individual notice:* July 22, 2008. Notice of Issuance of Amendments to Facility Operating Licenses During the period since publication of the last biweekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for A Hearing in connection with these actions was published in the **Federal Register** as indicated. Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.22(b) and has made a determination based on that assessment, it is so indicated. For further details with respect to the action see
(1)the applications for amendment,
(2)the amendment, and
(3)the Commission's related letter, Safety Evaluation and/or Environmental Assessment as indicated. All of these items are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1
(800)397-4209,
(301)415-4737 or by e-mail to *pdr@nrc.gov* . Detroit Edison Company, Docket No. 50-341, Fermi 2, Monroe County, Michigan *Date of application for amendment:* January 15, 2008. *Brief description of amendment:* The amendment revises the Technical Specifications
(TS)Surveillance Requirement frequency in TS 3.1.3, “Control Rod OPERABILITY” from “7 days after the control rod is withdrawn and THERMAL POWER is greater than the [Low Power Setpoint] LPSP of [Rod Worth Minimizer] RWM” to “31 days after the control rod is withdrawn and THERMAL POWER is greater than the LPSP of the RWM” and revises Example 1.4-3 in section 1.4 “Frequency” to clarify the applicability of the 1.25 surveillance test interval extension. *Date of issuance:* June 23, 2008. *Effective date:* As of the date of issuance and shall be implemented within 60 days. *Amendment No.:* 179. *Facility Operating License No. NPF-43:* Amendment revised the Technical Specifications and License. *Date of initial notice in* Federal Register: February 26, 2008 (73 FR 10296) The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 23, 2008. *No significant hazards consideration comments received:* No. Detroit Edison Company, Docket No. 50-341, Fermi 2, Monroe County, Michigan *Date of application for amendment:* July 12, 2007, as supplemented by letter dated September 21, 2007. *Brief description of amendment:* The amendment revises Surveillance Requirement 3.3.3.1.2 in Technical Specification 3.3.3.1, “Post Accident Monitoring
(PAM)Instrumentation.” Specifically, the amendment deletes the note which excludes radiation detectors from calibration requirements. *Date of issuance:* June 25, 2008. *Effective date:* As of the date of issuance and shall be implemented within 60 days. *Amendment No.:* 180. *Facility Operating License No. NPF-43:* Amendment revised the Technical Specifications and License. *Date of initial notice in* Federal Register: November 6, 2007 (72 FR 62687) The supplemental letter was considered, along with the application, in the **Federal Register** notice of the staff's proposed no significant hazards consideration determination. The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 25, 2008. *No significant hazards consideration comments received:* No. Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., Docket No. 50-271, Vermont Yankee Nuclear Power Station, Vernon, Vermont *Date of application for amendment:* October 18, 2007. *Brief description of amendment:* The amendment revised the Technical Specifications applicability requirements related to primary containment oxygen concentration and drywell-to-suppression chamber differential pressure limits. The associated actions would also be revised to be consistent with exiting the applicability for each specification. *Date of Issuance:* June 23, 2008. *Effective date:* As of the date of issuance, and shall be implemented within 60 days. *Amendment No.:* 232. *Facility Operating License No. DPR-28:* Amendment revised the License and Technical Specifications. *Date of initial notice in* Federal Register: December 18, 2007 (72 FR 71712). The Commission's related evaluation of this amendment is contained in a Safety Evaluation dated June 23, 2008. *No significant hazards consideration comments received:* No. Exelon Generation Company, LLC, Docket Nos. STN 50-456 and STN 50-457, Braidwood Station (Braidwood), Units 1 and 2, Will County, Illinois *Docket Nos. STN 50-454 and STN 50-455, Byron Station (Byron), Unit Nos. 1 and 2, Ogle County, Illinois.* *Date of application for amendment:* July 31, 2007. *Brief description of amendment:* The amendments revise Technical Specification 5.5.2, “Primary Coolant Sources Outside Containment,” to clarify the intent of refueling cycle intervals (i.e., 18 month intervals) with respect to system integrated leak test requirements and to add a statement that the provisions of Surveillance Requirement 3.0.2 are applicable. *Date of issuance:* June 18, 2008. *Effective date:* As of the date of issuance and shall be implemented within 30 days. *Amendment Nos.:* Braidwood Unit 1—151; Braidwood Unit 2-151; Byron Unit No. 1-155; and Byron Unit No. 2-155. *Facility Operating License Nos. NPF-72, NPF-77, NPF-37, and NPF-66:* The amendment revised the Technical Specifications and Licenses. *Date of initial notice in* Federal Register: September 11, 2007 (72 FR 51859). The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated June 18, 2008. *No significant hazards consideration comments received:* No. FirstEnergy Nuclear Operating Company, *et al.* , Docket No. 50-346, Davis-Besse Nuclear Power Station, Unit No. 1, Ottawa County, Ohio *Date of application for amendment:* April 12, 2007, as supplemented on September 18, October 8, and October 19, 2007, January 15 (2 letters), February 14, February 20, March 12, and May 16, 2008. *Brief description of amendment:* This amendment increases the Rated Thermal Power by approximately 1.63 percent to 2817 megawatts thermal. This increase will be achieved by the use of a Caldon Leading Edge Flowmeter CheckPlus TM ultrasonic flow measurement system, which allows for more accurate measurement of feedwater flow. *Date of issuance:* June 30, 2008. *Effective date:* As of the date of issuance and shall be implemented within 120 days. *Amendment No.:* 278. *Facility Operating License No. NPF-3:* Amendment revised the Technical Specifications and License. *Date of initial notice in* Federal Register: September 11, 2007 (72 FR 51861). The supplements dated September 18, October 8, and October 19, 2007, January 15 (2 letters), February 14, February 20, March 12, and May 16, 2008, contained clarifying information and did not change the NRC staff's initial proposed finding of no significant hazards consideration. The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 30, 2008. *No significant hazards consideration comments received:* No. FirstEnergy Nuclear Operating Company, et al., Docket No. 50-440, Perry Nuclear Power Plant, Unit No. 1, Lake County, Ohio *Date of application for amendment:* September 5, 2007 (Agencywide Document and Management System (ADAMS) Accession No. ML072550547). *Brief description of amendment:* The proposed amendment would revise Technical Specifications
(TSs)3.6.1, 3.6.4, and 3.6.5 to relax the position verification requirements for primary containments isolation devices, secondary containment isolation devices, and drywell isolation devices that are locked, sealed, or otherwise secured. These changes are based on TS Task Force
(TSTF)change traveler TSTF-45, Revision 2, and TSTF-269, Revision 2, which have been approved generically for the Boiling-Water Reactor
(BWR)Standard Technical Specifications, NUREG-1434 (BWR/6). *Date of issuance:* June 19, 2008. *Effective date:* As of the date of issuance and shall be implemented within 120 days. *Amendment No.:* 149. *Facility Operating License No. NPF-58:* This amendment revised the Technical Specifications and License. *Date of initial notice in* Federal Register: January 29, 2008 (73 FR 5221). The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 19, 2008. *No significant hazards consideration comments received:* No. FPL Energy Duane Arnold, LLC, Docket No. 50-331, Duane Arnold Energy Center, Linn County, Iowa *Date of application for amendment:* June 29, 2007. *Brief description of amendment:* This amendment changes Technical Specifications
(TS)sections 3.7.4 and 5.5.13, to strengthen TS requirements regarding control room envelope
(CRE)habitability by changing the action and surveillance requirements associated with the limiting condition for operation operability requirements for the CRE emergency ventilation system, and by adding a new TS administrative controls program on CRE habitability. The proposed revision to the TS and associated Bases is consistent with Standard Technical Specifications
(STS)as revised by STS change traveler TS Task Force (TSTF)-448, Revision 3, “Control Room Envelope Habitability.” The plant-specific name for the CRE at Duane Arnold Energy Center is Control Building Envelope, as expressed in its application for amendment. *Date of issuance:* June 24, 2008. *Effective date:* As of the date of issuance and shall be implemented within 180 days. *Amendment No.:* 269. *Facility Operating License No. DPR-49:* The amendment revised the Technical Specifications and Facility Operating License. *Date of initial notice in* Federal Register: September 25, 2007 (72 FR 54474). The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 24, 2008. *No significant hazards consideration comments received:* No. Luminant Generation Company LLC, Docket Nos. 50-445 and 50-446, Comanche Peak Steam Electric Station, Unit Nos. 1 and 2, Somervell County, Texas *Date of amendment request:* August 28, 2007, as supplemented by letters dated October 24, November 7, and December 3, 2007, January 10, 29, and 31, February 21, 26, and 28, March 6, April 17, and May 14, 2008. *Brief description of amendments:* The amendments revised the operating license and Technical Specification
(TS)1.0, “Use and Application,” to revise the rated thermal power from 3458 megawatts thermal
(MWt)to 3612 MWt. *Date of issuance:* June 27, 2008. *Effective date:* As of the date of issuance and shall be implemented within 180 days from the date of issuance. *Amendment Nos.:* Unit 1—146; Unit 2—146. *Facility Operating License Nos. NPF-87 and NPF-89:* The amendments revised the Facility Operating Licenses and Technical Specifications. *Date of initial notice in* Federal Register: October 23, 2007 (72 FR 60034). The supplements dated October 24, November 7, and December 3, 2007, January 10, 29, and 31, February 21, 26, and 28, March 6, April 17, and May 14, 2008, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the **Federal Register** on October 23, 2007 (72 FR 60034). The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated June 27, 2008. *No significant hazards consideration comments received:* No. Nebraska Public Power District, Docket No. 50-298, Cooper Nuclear Station, Nemaha County, Nebraska *Date of amendment request:* November 19, 2007, as supplemented by letters dated March 6, March 12, April 4, and May 9, 2008. *Brief description of amendment:* The amendment revises the license and Technical Specifications to reflect an increase in the rated thermal power from 2381 to 2419 megawatts thermal (1.62 percent increase). *Date of issuance:* June 30, 2008. *Effective date:* As of the date of issuance and shall be implemented within 90 days of issuance. *Amendment No.:* 231. *Facility Operating License No. DPR-46:* Amendment revised the Facility Operating License and Technical Specifications. *Date of initial notice in* Federal Register: January 29, 2008 (73 FR 5224). The supplements dated March 6, March 12, April 4, and May 9, 2008, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination as published in the **Federal Register** . The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 30, 2008. *No significant hazards consideration comments received:* No. Nuclear Management Company, LLC, Docket Nos. 50-282 and 50-306, Prairie Island Nuclear Generating Plant, Units 1 and 2, Goodhue County, Minnesota *Date of application for amendments:* July 3, 2007. *Brief description of amendments:* The amendments revise TS 1.4, “Frequency” to modify the second paragraph of Example 1.4-1 to be consistent with the requirements of Surveillance Requirement
(SR)3.0.4 and incorporate the changes in Technical Specification Task Force
(TSTF)industry traveler TSTF-485, “Correct Example 1.4-1”; revise TS 5.5.7.a, to modify references to Section XI of the American Society of Mechanical Engineers
(ASME)Code with references to the ASME Code for Operation and Maintenance of Nuclear Power Plants (ASME OM Code), to be consistent with TSTF-479, “Changes to Reflect Revision of 10 CFR [Code of Federal Regulations] 50.55a”; revise TS 5.5.7.b, to restrict extension of Frequencies to those Frequencies specified as 2 years or less, and take exception to the limitation in SR 3.0.2 which does not apply the 1.25 times extension to Frequencies of 24 months, to be consistent with TSTF-479 and TSTF-497, “Limit Inservice Testing Program SR 3.0.2 Application to Frequencies of 2 Years or Less”; and revise TS 5.5.7.d, to modify the referenced ASME Code to be consistent with TSTF-479. *Date of issuance:* June 27, 2008. *Effective date:* As of the date of issuance and shall be implemented within 90 days. *Amendment Nos.:* 185, 175. *Facility Operating License Nos. DPR-42 and DPR-60:* Amendments revised the Technical Specifications. *Date of initial notice in* Federal Register: August 28, 2007 (72 FR 49579). The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated June 27, 2008. *No significant hazards consideration comments received:* No. Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, Unit No. 1, Washington County, Nebraska *Date of amendment request:* May 16, 2007. *Brief description of amendment:* The amendment revised Technical Specification requirements related to the control room envelope habitability in accordance with Technical Specification Task Force
(TSTF)Traveler TSTF-448-A, Revision 3, “Control Room Habitability.” *Date of issuance:* June 30, 2008. *Effective date:* As of the date of issuance and shall be implemented within 270 days of the date of issuance. *Amendment No.:* 257. *Renewed Facility Operating License No. DPR-40:* The amendment revised the Technical Specifications. *Date of initial notice in* Federal Register: June 19, 2007 (72 FR 33784). The Commission's related evaluation of the amendment is contained in a safety evaluation dated June 30, 2008. *No significant hazards consideration comments received:* No. Pacific Gas and Electric Company, Docket No. 50-133, Humboldt Bay Power Plant, Unit 3, Humboldt County, California (Tac No. J00337) *Date of application for amendment:* November 5, 2007. *Brief description of amendment:* The amendment eliminates the security plan requirements from the 10 CFR Part 50 licensed site after the spent nuclear fuel has been transferred to the 10 CFR Part 72 licensed Independent Spent Fuel Storage Installation (ISFSI). *Date of issuance:* June 16, 2008. *Effective date:* As of the date that the transfer of the last of the spent nuclear fuel to the ISFSI is complete and shall be implemented within 60 days after the transfer. *Amendment No.:* 43. *Facility Operating License No. DPR-7:* This amendment revises the License. *Date of initial notice* in Federal Register: February 12, 2008 (73 FR 8071). The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 16, 2008. *No significant hazards consideration comments received:* No. Southern Nuclear Operating Company, Inc., Docket Nos. 50-348 and 50-364, Joseph M. Farley Nuclear Plant, Units 1 and 2, Houston County, Alabama *Date of amendment request:* June 5, 2007. *Brief description of amendment request:* The amendment revises the Joseph M. Farley Nuclear Plant, Units 1 and 2 Technical Specifications
(TS)to add a new TS to address the operation of Engineered Safety Feature
(ESF)Room Coolers required to support ESF TS equipment. *Date of issuance:* June 27, 2008. *Effective date:* As of the date of issuance and shall be implemented within 60 days from the date of issuance. *Amendment Nos.:* Unit 1—176, Unit 2—169. *Renewed Facility Operating License Nos. NPF-2 and NPF-8:* Amendment revised the Technical Specifications and Licenses. *Date of initial notice* in Federal Register: September 25, 2007 (72 FR 54480). The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated June 27, 2008. *No significant hazards consideration comments received:* No. STP Nuclear Operating Company, Docket Nos. 50-498 and 50-499, South Texas Project, Units 1 and 2, Matagorda County, Texas *Date of amendment request:* November 8, 2007. *Brief description of amendments:* The amendments modified Technical Specifications
(TS)surveillance requirements, related to battery testing, by revising TS 3/4.8.2.1, “DC [Direct Current] Sources—Operating,” TS 3/4.8.2.2, “DC Sources—Shutdown,” and TS 3/4.8.2.3, “Battery Parameters.” The changes allow battery testing to be performed during any MODE of operation. *Date of issuance:* June 30, 2008. *Effective date:* As of the date of issuance and shall be implemented within 60 days of issuance. *Amendment Nos.:* Unit 1—184; Unit 2—171. *Facility Operating License Nos. NPF-76 and NPF-80:* The amendments revised the Facility Operating Licenses and Technical Specifications. *Date of initial notice in* Federal Register: February 12, 2008 (73 FR 8072). The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated June 30, 2008. *No significant hazards consideration comments received:* No. Tennessee Valley Authority, Docket No. 50 390, Watts Bar Nuclear Plant, Unit 1, Rhea County, Tennessee *Date of application for amendment:* June 8, 2007, as supplemented on December 26, 2007, and March 31, 2008. *Brief description of amendment:* The amendment revises several Technical Specification
(TS)sections to allow relaxations of various Reactor Trip System/Engineered Safety Feature (RTS/ESF) logic completion times, bypass test times, allowable outage times, and surveillance testing intervals that were previously reviewed and approved by NRC under Westinghouse Reports WCAP-14333-P-A, “Probabilistic Risk Analysis of RPS [reactor protection system] and ESFAS [ESF Actuation System] Test Times and Completion Times,” and WCAP-15376-P-A, “Risk-Informed Assessment of the RTS and ESFAS Surveillance Test Intervals and Reactor Trip Breaker Test and Completion Times.” The amendment also incorporates TS Task Force
(TSTF)Change Travelers TSTF-169, “Deletion of Condition 3.3.1.N,” and TSTF-311, “Revision of Surveillance Frequency for TADOT [Trip Actuation Device Operational Test] on Turbine Trip Functional Unit.” *Date of issuance:* June 30, 2008. *Effective date:* As of the date of issuance and shall be implemented within 120 days of issuance. *Amendment No.:* 68. *Facility Operating License No. NPF-90:* Amendment revises the Technical Specifications and License. *Date of initial notice in* Federal Register: July 31, 2007 (72 FR 41789). The December 26, 2007, and March 31, 2008, supplemental letters provided clarifying information that was within the scope of the initial notice and did not change the initial proposed no significant hazards consideration determination. The Commission's related evaluation of the amendment is contained in a Safety Evaluation dated June 30, 2008. *No significant hazards consideration comments received:* No. Virginia Electric and Power Company, Docket No. 50-339, North Anna Power Station, Unit 2, Louisa County, Virginia *Date of application for amendment:* December 5, 2007, as supplemented on March 14, April 3, and April 23, 2008. *Brief description of amendment:* The amendment revised Technical Specification
(TS)5.5.15, pertaining to the containment leakage rate testing program. The TS change permitted a one-time 5-year exception to the 10-year frequency of the performance based leakage rate testing program for Type A tests, as required by Regulatory Guide
(RG)1.163. This one time exception to the RG 1.163 requirement allows the next Type A test to be performed no later than October 9, 2014. *Date of issuance:* June 30, 2008. *Effective date:* As of the date of issuance and shall be implemented within 30 days from the date of issuance. *Amendment No.:* 233. *Renewed Facility Operating License Nos. NPF-4 and NPF-7:* Amendment changed the license and the technical specifications. *Date of initial notice in* Federal Register: January 15, 2008 (73 FR 2550). The supplements dated March 14, April 3, and April 23, 2008, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff's original proposed no significant hazards consideration determination. The Commission's related evaluation of the amendments is contained in a Safety Evaluation dated June 30, 2008. *No significant hazards consideration comments received:* No. Notice of Issuance of Amendment to Facility Operating License and Final No Significant Hazards Consideration Determination During the period since publication of the last biweekly notice, individual notices of issuance of amendments have been issued for the facilities as listed below. These notices were previously published as separate individual notices. They are repeated here because this biweekly notice lists all amendments that have been issued for which the Commission has made a final determination that an amendment involves no significant hazards consideration. In this case, a prior Notice of Consideration of Issuance of Amendment, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing was issued, a hearing was requested, and the amendment was issued before any hearing because the Commission made a final determination that the amendment involves no significant hazards consideration. Details are contained in the individual notice as cited. Carolina Power & Light Company, Docket No. 50-261, H. B. Robinson Steam Electric Plant, Unit No. 2, Darlington County, South Carolina *Date of application for amendment:* November 19, 2007, as supplemented by letter dated February 4, 2008. *Brief description of amendment:* The amendment makes administrative revisions to various Operating License
(OL)and Technical Specifications
(TS)sections. Specifically, the amendment changes OL Section 3.G
(1)(secondary water chemistry program requirements), OL Section 3.G
(2)(leakage reduction program requirements), TS Section 1.1 (Definitions), TS Section 3.1.7 (Rod Position Indication), TS Section 3.4.3 (RCS Pressure and Temperature (P/T) Limits), TS Section 3.4.9 (Pressurizer), TS Section 3.7.4 (Auxiliary Feedwater
(AFW)System), TS Section 5.5.12 (Explosive Gas and Storage Tank Radioactivity Monitoring Program), and TS Section 5.6.6 (Post Accident Monitoring
(PAM)Instrumentation Report). The changes are administrative in nature and improve the accuracy and clarity of the TSs and OL without resulting in changes to the plant design or the procedural controls for the operation, surveillance, or maintenance of the plant. *Date of issuance:* June 19, 2008. *Effective date:* Effective as of the date of issuance and shall be implemented within 30 days. *Amendment No.:* 218. *Renewed Facility Operating License No. DPR-23:* The amendment revises the Technical Specifications and Facility Operating License. *Date of initial notice in* Federal Register: December 31, 2007. *Public comments requested as to proposed no significant hazards consideration (NSHC):* No. The Commission's related evaluation of the amendment is contained in a safety evaluation dated June 19, 2008. *Attorney for licensee:* David T. Conley, Associate General Counsel II—Legal Department, Progress Energy Service Company, LLC, Post Office Box 1551, Raleigh, North Carolina 27602-1551. *NRC Branch Chief:* Thomas H. Boyce. Notice of Issuance of Amendments to Facility Operating Licenses and Final Determination of No Significant Hazards Consideration and Opportunity for a Hearing (Exigent Public Announcement or Emergency Circumstances) During the period since publication of the last biweekly notice, the Commission has issued the following amendments. The Commission has determined for each of these amendments that the application for the amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. Because of exigent or emergency circumstances associated with the date the amendment was needed, there was not time for the Commission to publish, for public comment before issuance, its usual Notice of Consideration of Issuance of Amendment, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing. For exigent circumstances, the Commission has either issued a **Federal Register** notice providing opportunity for public comment or has used local media to provide notice to the public in the area surrounding a licensee's facility of the licensee's application and of the Commission's proposed determination of no significant hazards consideration. The Commission has provided a reasonable opportunity for the public to comment, using its best efforts to make available to the public means of communication for the public to respond quickly, and in the case of telephone comments, the comments have been recorded or transcribed as appropriate and the licensee has been informed of the public comments. In circumstances where failure to act in a timely way would have resulted, for example, in derating or shutdown of a nuclear power plant or in prevention of either resumption of operation or of increase in power output up to the plant's licensed power level, the Commission may not have had an opportunity to provide for public comment on its no significant hazards consideration determination. In such case, the license amendment has been issued without opportunity for comment. If there has been some time for public comment but less than 30 days, the Commission may provide an opportunity for public comment. If comments have been requested, it is so stated. In either event, the State has been consulted by telephone whenever possible. Under its regulations, the Commission may issue and make an amendment immediately effective, notwithstanding the pendency before it of a request for a hearing from any person, in advance of the holding and completion of any required hearing, where it has determined that no significant hazards consideration is involved. The Commission has applied the standards of 10 CFR 50.92 and has made a final determination that the amendment involves no significant hazards consideration. The basis for this determination is contained in the documents related to this action. Accordingly, the amendments have been issued and made effective as indicated. Unless otherwise indicated, the Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.12(b) and has made a determination based on that assessment, it is so indicated. For further details with respect to the action, see
(1)the application for amendment,
(2)the amendment to Facility Operating License, and
(3)the Commission's related letter, Safety Evaluation and/or Environmental Assessment, as indicated. All of these items are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1
(800)397-4209,
(301)415-4737 or by e-mail to *pdr@nrc.gov* . The Commission is also offering an opportunity for a hearing with respect to the issuance of the amendment. Within 60 days after the date of publication of this notice, person(s) may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-Filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and electronically on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/* . If there are problems in accessing the document, contact the PDR Reference staff at 1
(800)397-4209,
(301)415-4737, or by e-mail to *pdr@nrc.gov* . If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address, and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. 1 Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. 1 To the extent that the applications contain attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicant's counsel and discuss the need for a protective order. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. *Technical* —primarily concerns/issues relating to technical and/or health and safety matters discussed or referenced in the applications. 2. *Environmental* —primarily concerns/issues relating to matters discussed or referenced in the environmental analysis for the applications. 3. *Miscellaneous* —does not fall into one of the categories outlined above. As specified in 10 CFR 2.309, if two or more petitioners/requestors seek to co-sponsor a contention, the petitioners/requestors shall jointly designate a representative who shall have the authority to act for the petitioners/requestors with respect to that contention. If a petitioner/requestor seeks to adopt the contention of another sponsoring petitioner/requestor, the petitioner/requestor who seeks to adopt the contention must either agree that the sponsoring petitioner/requestor shall act as the representative with respect to that contention, or jointly designate with the sponsoring petitioner/requestor a representative who shall have the authority to act for the petitioners/requestors with respect to that contention. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. Since the Commission has made a final determination that the amendment involves no significant hazards consideration, if a hearing is requested, it will not stay the effectiveness of the amendment. Any hearing held would take place while the amendment is in effect. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the Internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five
(5)days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV* , or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html* . Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html* . Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html* . A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Southern Nuclear Operating Company, Inc., Docket No. 50-425, Vogtle Electric Generating Plant, Unit 2, Burke County, Georgia *Date of amendment request:* June 24, 2008, as supplemented by letter dated June 25, 2008. *Description of amendment request:* The amendment revises Limiting Condition for Operation
(LCO)3.6.6, “Containment Spray and Cooling Systems,” Action A Completion Time, from 72 hours to a one-time 7 day Completion Time to allow repair on the VEGP Unit 2 Containment Spray Pump B. *Date of issuance:* June 25, 2008. *Effective date:* June 25, 2008, and shall be implemented on June 25, 2008. *Amendment No.:* 131. *Facility Operating License No. (NPF-81):* Amendment revised the technical specifications and license. *Public comments requested as to proposed no significant hazards consideration (NSHC):* No. The Commission's related evaluation of the amendment, finding of emergency circumstances, state consultation, and final NSHC determination are contained in a safety evaluation dated June 25, 2008. *Attorney for licensee:* Arthur H. Domby, Esquire, Troutman Sanders, Nations Bank Plaza, 600 Peachtree Street, NE., Suite 5200, Atlanta, GA 30308-2216. *NRC Acting Branch Chief:* John F. Stang, Acting. Dated at Rockville, Maryland, this 3rd day July 2008. For the Nuclear Regulatory Commission. Timothy J. McGinty, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-15684 Filed 7-14-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Agency Holding The Meetings: Nuclear Regulatory Commission. Dates: Weeks of July 14, 21, 28, August 4, 11, 18, 2008. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Week of July 14, 2008 Thursday, July 17, 2008 2 p.m. Briefing on Fire Protection Issues (Public Meeting) (Contact: Alex Klein, 301-415-2822). This meeting will be Webcast live at the Web address— *http://www.nrc.gov.* Week of July 21, 2008—Tentative Wednesday, July 23, 2008 1:25 p.m. Affirmation Session (Public Meeting) (Tentative) a. Progress Energy Carolinas Inc. (Shearon Harris Nuclear Power Plant, Units 2 and 3)—Motion by the North Carolina Waste Awareness and Reduction Network (NC WARN) to Immediately Suspend the Hearing Notice and Request for Expedited Consideration (Tentative). 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1 & 3). Thursday, July 24, 2008 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1 & 3). Week of July 28, 2008—Tentative There are no meetings scheduled for the week of July 28, 2008. Week of August 4, 2008—Tentative There are no meetings scheduled for the week of August 4, 2008. Week of August 11, 2008—Tentative Tuesday, August 12, 2008 1:30 p.m. Meeting with FEMA and State and Local Representatives on Offsite Emergency Preparedness Issues (Public Meeting) (New Contact: Lisa Gibney, 301-415-8376). This meeting will be Webcast live at the Web address— *http://www.nrc.gov.* Thursday, August 14, 2008 1:30 p.m. Meeting with Organization of Agreement States
(OAS)and Conference of Radiation Control Program Directors (CRCPD) (Public Meeting) (Contact: Andrea Jones, 301-415-2309). This meeting will be Webcast live at the Web address— *http://www.nrc.gov.* Week of August 18, 2008—Tentative There are no meetings scheduled for the week of August 18, 2008. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,
(301)415-1662. Additional Information The Briefing on Fire Protection Issues previously scheduled on Thursday, July 17, 2008, at 1 p.m. is now scheduled to begin at 2 p.m. on the same day. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: July 10, 2008. R. Michelle Schroll, Office of the Secretary. [FR Doc. 08-1434 Filed 7-11-08; 10:42 am]
Connectionstraces to 62
Traces to 62 documents
U.S. Code
CFR
55 references not yet in our index
  • 12 CFR 225
  • 16 CFR 436
  • 44 USC 3501-3521
  • 5 CFR 1320.3(c)
  • 16 CFR 437
  • Pub. L. 92-463
  • Pub. L. 98-417
  • 21 CFR 211
  • 44 USC 3501-3520
  • Pub. L. 104-13
  • Pub. L. 104-106
  • 5 CFR 1320.1
  • Pub. L. 107-296
  • 116 Stat. 2300
  • Pub. L. 109-13
  • 119 Stat. 231
  • Pub. L. 109-347
  • 120 Stat. 1884
  • 49 USC 14(f)
  • 5 CFR 1320.10
  • Pub. L. 99-396
  • 44 USC 35
  • 41 CFR 102
  • Pub. L. 98-449
  • 43 CFR 2.51
  • 43 CFR 2.60
  • 43 CFR 2.63
  • 43 CFR 2.71
  • 38 Stat. 588
  • 42 Stat. 1185
  • Pub. L. 95-561
  • Pub. L. 103-382
  • Pub. L. 107-110
  • 5 USC 552A
  • 43 CFR 2720
  • 43 CFR 2720.1-1(b)
  • 43 CFR 2809
  • 39 Stat. 525
  • 40 CFR 82.152-82
  • 42 USC 7671-7671q
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Notice
U.S.C.§ 1843
C.F.R.§ 225.28
C.F.R.§ 4.2
C.F.R.§ 4.9
U.S.C.§ 3502
C.F.R.§ 436.8
Fed. Reg.Notices
U.S.C.§ 355
C.F.R.§ 314.162
Cite12 CFR 225
Cite16 CFR 436
Cite44 USC 3501-3521
Cites 117 · showing 12Cited by 0 across 0 sources
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