Notices. Notice

49,879 words·~227 min read·/register/2008/07/22/08-1458

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

BILLING CODE 6725-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated.

The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than August 6, 2008. **A. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. John Richard Doherty* , Oswego, Illinois, to retain voting shares of West End Financial Corporation, and thereby indirectly retain control of Gogebic Range Bank, both of Bessemer, Michigan. **B.

Federal Reserve Bank of Dallas** (W. Arthur Tribble, Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272: *1. The Gayle Gourley Trust, The W.J, Gourley, 111, Trust, and The Mary Theresa Lott Trust, Richard A, Griffin, Charles Lasater, Henry W, Simon, Jr., John W, Windle, and B. Ted Woodle* , all of Fort Worth, Texas, and Jack S. Lewis, Arlington, Texas, all as trustees, to acquire an interest in Texas American Acquisition Group, Inc. Fort Worth, Texas, and thereby indirectly acquire an interest in Liberty Bank, North Richland Hills, Texas.

Board of Governors of the Federal Reserve System, July 17, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-16719 Filed 7-21-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843).

Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 15, 2008. **A. Federal Reserve Bank of Boston** (Richard Walker, Community Affairs Officer) P.O.

Box 55882, Boston, Massachusetts 02106-2204: *1. WebFive, MHC and WebFive Financial Services, Inc.* , both of Webster, Massachusetts, to become bank holding companies by acquiring Webster Five Cents Savings Bank, Webster, Massachusetts. Board of Governors of the Federal Reserve System, July 17, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc.E8-16718 Filed 7-21-08; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Findings of Scientific Misconduct AGENCY:

Office of the Secretary, HHS. ACTION: Notice. SUMMARY: Notice is hereby given that the Office of Research Integrity

(ORI)and the *Assistant Secretary for Health have taken final action in the following case:* *Roxana Gonzalez, Carnegie Mellon University:* Based on reports submitted by Carnegie Mellon University's

(CMU)inquiry and investigation committees, the Respondent's own admission in sworn testimony, and additional analysis conducted by the Office of Research Integrity

(ORI)during its oversight review, the U.S. Public Health Service

(PHS)found that Roxana Gonzalez, graduate student, Department of Social and Decision Sciences and Psychology, CMU, engaged in scientific misconduct in research supported by National Institute of Mental Health (NIMH), National Institutes of Health (NIH), grants R01 MH56880, R03 MH62376, and R24 MH67346. *Specifically, PHS found that Ms. Gonzalez engaged in the following acts of scientific misconduct:* 1. Respondent altered the main dependent variable (life events; life expectation) in the electronic file and the manipulation check variables for ease-of-thought generation so that the reported study results are largely unsupported in:

(a)*Publication:* Lerner, J.S., & Gonzalez, R.M. “Forecasting one's future based on fleeting subjective experiences.” *Personality and Social Psychology Bulletin* 31:454-466, 2005;

(b)*2005 Manuscript:* Lerner, J. S., & Gonzalez, R. M. “On perceiving the self as triumphant when happy or angry”;

(c)*Review Article:* Lerner J. S., Tiedens, L.Z., & Gonzalez, R. M. “Portrait of the angry decision maker: How appraisal tendencies shape anger's influence on cognition.” *Journal of Behavioral Decision Making:* Special Issue on Emotion and Decision Making. 2. Respondent falsified cortisol values, and possibly cardiovascular measures and optimistic appraisals (as measured by LOT), so that a large portion of the mediation analyses of Table 3 does not reflect the data actually collected and analyzed for the study reported in a publication (Lerner, J.S., Gonzalez, R.M., Dahl, R.E., Hariri, A.R., & Taylor, S.E. “Facial expressions of emotion reveal neuroendocrine and cardiovascular stress responses.” *Biological Psychiatry* 58:743-750, 2005). Respondent further allowed one of her collaborators to report the results from this study at the Annual Meeting of the American Psychological Society held in Los Angeles, California in May 2005, although Respondent's collaborator did not know at the time that the results were tainted by Respondent's acts of research misconduct. 3. Respondent falsified the analyses based on participants' responses to the manipulation check items (including the data for self reported fear) in a study reported in a publication (Fischhoff, B., Gonzalez, R.M., Lerner, J.S., & Small, D.A. “Evolving judgments of terrorism's risks: Foresight, hindsight, and emotion.” *Journal of Experimental Psychology:* Applied 11:124-139, 2005. 4. Respondent falsified the main dependent variable (reservation price, BDM) in the electronic file for 48 of the 175 subjects participating in a study reported in a 2005 manuscript (Lerner, J.S., Gonzalez, R.M., Small, D.A., Lowenstein, G., & Dahl, R.E. “Emotional influence on economic behavior among adolescents.”). Respondent directed the alteration of the paper files for those subjects in order to match the altered electronic file. One of Respondent's collaborators included a qualitative description of the results of the research that is the subject of this study in an NIH grant application, although Respondent's collaborator did not know at the time that the results were tainted by the Respondent's acts of research misconduct. ORI acknowledges Ms. Gonzalez' extensive cooperation with CMU's research misconduct proceedings. *Ms. Gonzalez has entered into a Voluntary Exclusion Agreement (Agreement) in which she has voluntarily agreed, beginning on June 26, 2008:*

(1)To exclude herself from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant or contractor to PHS, for a period of three

(3)years;

(2)That for a period of three

(3)years, any institution that submits an application for PHS support for a research project on which the Respondent's participation is proposed or that uses the Respondent in any capacity on PHS supported research, or that submits a report of PHS-funded research in which the Respondent is involved, must concurrently submit a plan for supervision of the Respondent's duties to the funding agency for approval; the supervisory plan must be designed to ensure the scientific integrity of the respondent's research contribution; Respondent agrees to ensure that a copy of the supervisory plan is also submitted to ORI by the institution; Respondent agrees that she will not participate in any PHS-supported research until such a supervisory plan is submitted to ORI;

(3)for a period of three

(3)years to ensure that any institution employing her submits, in conjunction with each application for PHS funds or report, manuscript, or abstract of PHS-funded research in which the Respondent is involved, a certification that the data provided by the Respondent are based on actual experiments or are otherwise legitimately derived, and that the data, procedures, analyses, and methodology are accurately reported in the application, report, manuscript or abstract; the Respondent must ensure that the institution sends a copy of the certification to ORI; and

(4)to write ORI-approved letters to

(a)collaborators/coauthors of the manuscripts and published papers cited above, stating what she falsified/fabricated and offering restitution; and

(b)editors of the journals in which papers were published (even if they have been retracted/corrected) to state that her falsifications/fabrications were the underlying reason for the retraction/correction. FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852,

(240)453-8800. Chris B. Pascal, Director, Office of Research Integrity. [FR Doc. E8-16741 Filed 7-21-08; 8:45 am] BILLING CODE 4150-31-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention

(CDC)Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Preparedness and Emergency Response Research Centers: A Public Health System Approach-Secondary Review Committee (SRC), Program Announcement Number

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

(CDC)announces the aforementioned meeting. *Time and Date:* 8:30 a.m.-5 p.m., August 7, 2008 (Closed). *Place:* CDC, Global Communication Center, 1600 Clifton Road, NE., Atlanta, GA 30333,

(404)639-3995. *Status:* The meeting will be closed to the public in accordance with provisions set forth in section 552b(c)

(4)and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of applications received in response to “Preparedness and Emergency Response Research Centers: A Public Health System Approach-SRC,” PA TP 08-001. *For Further Information Contact:* Daniel M. Sosin, M.D., M.P.H., Senior Advisor for Science, Office of the Director, Coordinating Office for Terrorism Preparedness and Emergency Response, CDC, 1600 Clifton Road, NE., Mailstop K72, Atlanta, GA 30333, Telephone

(770)488-8806. 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 15, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-16720 Filed 7-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Impact of Cultural and Socioeconomic Factors on Post-Treatment Surveillance Among African Americans With Colorectal Cancer, Potential Extramural Project

(PEP)2008-R-03. In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the aforementioned meeting. *Time and Date:* 1 p.m.-3 p.m., August 6, 2008 (Closed). *Place:* Teleconference. *Status:* The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)

(4)and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of “Impact of Cultural and Socioeconomic Factors on Post-Treatment Surveillance among African Americans with Colorectal Cancer, PEP 2008-R-03.” For Further Information Contact: Linda Shelton, Program Specialist, Coordinating Center for Health and Information Service, Office of the Director, CDC, 1600 Clifton Road, NE., Mailstop E21, Atlanta, GA 30333, Telephone (404)498-1194. 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 16, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-16721 Filed 7-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Elimination of Health Disparities Through Translation Research (Panel A-1), Funding Opportunity Announcement (FOA), CD08-001 In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the aforementioned meeting: *Time and Date:* 12:30 p.m.-3:30 p.m., August 6, 2008 (Closed). *Place:* Teleconference. *Status:* The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)

(4)and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of “Elimination of Health Disparities through Translation Research (Panel A-1), FOA CD08-001.” *Contact Person for More Information:* Maurine F. Goodman, M.A., M.P.H., Scientific Review Administrator, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone

(404)639-4737. 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 15, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-16722 Filed 7-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Elimination of Health Disparities Through Translation Research (Panel D), Funding Opportunity Announcement (FOA), CD08-001 In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the aforementioned meeting: *Time and Date:* 12:30 p.m.-3:30 p.m., August 5, 2008 (Closed). *Place:* Teleconference. *Status:* The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)

(4)and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of “Elimination of Health Disparities through Translation Research (Panel D), FOA CD08-001.” Contact person for more information: Maurine F. Goodman, M.A., M.P.H., Scientific Review Administrator, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone

(404)639-4737. 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 15, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-16725 Filed 7-21-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-R-21, CMS-10150, and CMS-484] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services

(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

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

(2)the accuracy of the estimated burden;

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

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Withholding Medicare Payments to Recover Medicaid Overpayments and Supporting Regulations in 42 CFR 44.31; *Use:* Overpayments may occur in either the Medicare and Medicaid program, at times resulting in a situation where an institution or person that provides services owes a repayment to one program while still receiving reimbursement from the other. Certain Medicaid providers which are subject to offsets for the collection of Medicaid overpayments may terminate or substantially reduce their participation in Medicaid, leaving the State Medicaid Agency unable to recover the amounts due. These information collection requirements give CMS the authority to recover Medicaid overpayments by offsetting payments due to a provider under the program. *Form Number:* CMS-R-21 (OMB# 0938-0287); *Frequency:* On occasion; *Affected Public:* State, Local or Tribal Governments; *Number of Respondents:* 54; *Total Annual Responses:* 27; *Total Annual Hours:* 81. 2. *Type of Information Collection Request:* Extension without change of a currently approved collection; *Title of Information Collection:* Collection of Drug Pricing and Network Pharmacy Data from Medicare Prescription Drug Plans (PDPs and MA-PDs) and Supporting Regulations in 42 CFR 423.48; *Use:* Both stand alone prescription drug plans

(PDPs)and Medicare Advantage Prescription Drug (MA-PDs) plans are required to submit drug pricing and pharmacy network data to CMS and these data are made publicly available to people with Medicare through the Medicare Prescription Drug Plan Finder Web tool on *http://www.medicare.gov.* Drug prices vary across a plans pharmacy network based on the contracts that each plan negotiates with each pharmacy or pharmacy chain in their networks. The pharmacy networks can change during the course of the year as new pharmacies open, close, change ownership, or plans negotiate new contracts with pharmacies resulting in different dispensing fees for prescriptions. Drug prices also change frequently due to the daily fluctuation of the Average Wholesale Price (AWP), thus plans increase or decrease their drug prices to reflect these changes. The purpose of the data is to enable prospective and current Medicare beneficiaries to compare, learn, select and enroll in a plan that best meets their needs. The database structure provides the necessary drug pricing and pharmacy network information to accurately communicate plan information in a comparative format. *Form Number:* CMS-10150 (OMB# 0938-0951); *Frequency:* Bi-weekly; *Affected Public:* Business or other for-profits; *Number of Respondents:* 680; *Total Annual Responses:* 17,680; *Total Annual Hours:* 70,720. 3. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Durable Medical Equipment Regional Carrier, Certificate of Medical Necessity for Oxygen and Supporting Regulations in 42 CFR 410.38 and 424.5; *Use:* The oxygen certificate of medical necessity

(CMN)collects information required to help determine the medical necessity of home oxygen therapy for Medicare beneficiaries. CMS requires CMNs where items may present a vulnerability to the Medicare program. Each claim for these items must have an associated CMN for the beneficiary. In order to determine if a beneficiary needs home oxygen therapy, a qualifying blood gas study must be performed and it must comply with the DMERCs Oxygen Medical Policy on the standards for conducting the test and also be covered under Medicare Part B. A beneficiary must be seen and evaluated by the treating physician within specific timeframes as indicated by the Oxygen Medical Policy in order to complete an Initial CMN Certification, a Recertification CMN and a Revised CMN Certification. *Form Number:* CMS-484 (OMB# 0938-0534); *Frequency:* Occasionally; *Affected Public:* Business or other for-profits; *Number of Respondents:* 15,000; *Total Annual Responses:* 1,630,000; *Total Annual Hours:* 326,000. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS's Web Site at *http://www.cms.hhs.gov/PaperworkReductionActof1995,* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on

(410)786-1326. In commenting on the proposed information collections please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in one of the following ways by September 22, 2008: 1. *Electronically.* You may submit your comments electronically to *http://www.regulations.gov.* Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) accepting comments. 2. *By regular mail.* You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, *Attention:* Document Identifier/OMB Control Number _____, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: July 11, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-16777 Filed 7-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10257, CMS-R-263 and CMS-10097] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

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

(2)the accuracy of the estimated burden;

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

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* New collection; *Title of Information Collection:* National Medicare Training Program Training Needs Assessment Survey; *Use:* The Centers for Medicare and Medicaid Services

(CMS)is requesting clearance for an Online Needs Assessment Survey that will inform the National Medicare Training Program

(NMTP)in their efforts to develop materials vital to the performance of key Medicare partners. NMTP communicates information about a wide array of Medicare topics to a diverse audience of partner organizations through in-person workshops, teleconferences, and Online training materials. These partner organizations include other state and federal agencies, health plans, aging networks/coalitions, long term care institutions, disability/mental health providers and advocates, HIV/AIDS providers, other health care providers and disease-specific advocacy groups, faith based organizations, and racial/ethnic minority organizations. These partners extend the reach of NMTP to population segments that have information barriers, including language, literacy, location, and culture, to help them understand the varied and sometimes complex choices about how they receive their Medicare benefits. This survey will allow NMTP to assess the education and training needs of its partner organizations on an annual basis, to ensure that they have the information and materials they need to assist the beneficiaries they serve. *Form Number:* CMS-10257 (OMB# 0938-New); *Frequency:* Yearly; *Affected Public:* Not-for-profit institutions, State, Local and Tribal governments, Federal Government; *Number of Respondents:* 4,000; *Total Annual Responses:* 4,000; *Total Annual Hours:* 1,000. 2. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Site Investigation for Durable Medical Equipment

(DME)Suppliers; *Use:* The Centers for Medicare and Medicaid Services

(CMS)enrolls durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers into the Medicare program via a uniform application, the CMS 855S. Implementation of enhanced procedures for verifying the enrollment information has improved the enrollment process as well as identified and prevented fraudulent DMEPOS suppliers from entering the Medicare program. As part of this process, verification of compliance with supplier standards is necessary. The site investigation form has been used in the past to aid the Medicare contractor (the National Supplier Clearinghouse

(NSC)and/or its subcontractors) in verifying compliance with the required supplier standards found in 42 CFR 424.57(c). The primary function of the site investigation form is to provide a standardized, uniform tool to gather information from a DMEPOS supplier that tells us whether it meets certain qualifications to be a DMEPOS supplier (as found in 42 CFR 424.57(c)) and where it practices or renders its services. *Form Number:* CMS-R-263 (OMB# 0938-0749); *Frequency:* Occasionally; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 30,000; *Total Annual Responses:* 30,000; *Total Annual Hours:* 15,000. 3. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* The Annual Medicare Contractor Provider Satisfaction Survey (MCPSS); *Use:* Medicare Contractors are charged with processing Medicare claims and related activities and providers interact with them on a daily basis. The Medicare Contractor Provider Satisfaction Survey (MCPSS) measures this Provider-Contractor relationship. The Contractors are currently using, and will continue to use, the MCPSS results to implement performance improvement activities within their organizations. The MCPSS questionnaire includes the following topics: Provider inquiries, provider outreach & education, claims processing, appeals, provider enrollment, medical review, and provider audit & reimbursement. The Survey is designed to measure provider satisfaction, attitudes, perceptions and opinions about the services provided by their respective Contractor. The results include quantitative data (a satisfaction score) and qualitative information (comments relevant to specific topics). The 2009 MCPSS will differ from 2008 in two ways, (refer to the specific documents for additional changes):

(1)The questionnaire will be slightly modified, including the net addition of two questions; and

(2)the definition of a completed survey will be revised. *Form Number:* CMS-10097 (OMB# 0938-0915); *Frequency:* Yearly; *Affected Public:* Business or other for-profits and Not-for-profit institutions; *Number of Respondents:* 24,279; *Total Annual Responses:* 24,279; *Total Annual Hours:* 8346. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995,* or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov,* or call the Reports Clearance Office on

(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received by the OMB desk officer at the address below, no later than 5 p.m. on August 21, 2008. OMB Human Resources and Housing Branch, Attention: OMB Desk Officer, New Executive Office Building, Room 10235, Washington, DC 20503, *Fax Number:*

(202)395-6974. Dated: July 11, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-16778 Filed 7-21-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Advisory Commission of Childhood Vaccines; Request for Nominations for Voting Members AGENCY: Health Resources and Services Administration, HHS. ACTION: Notice. SUMMARY: The Health Resources and Services Administration

(HRSA)is requesting nominations to fill three vacancies on the Advisory Commission on Childhood Vaccines (ACCV). The ACCV was established by title XXI of the Public Health Service Act (the Act), as enacted by Public Law (Pub. L.) 99-660 and as subsequently amended, and advises the Secretary of Health and Human Services (the Secretary) on issues related to implementation of the National Vaccine Injury Compensation Program (VICP). DATES: The agency must receive nominations on or before August 21, 2008. ADDRESSES: All nominations are to be submitted to the Director, Division of Vaccine Injury Compensation, Healthcare Systems Bureau (HSB), HRSA, Parklawn Building, Room 11C-26, 5600 Fishers Lane, Rockville, Maryland 20857. FOR FURTHER INFORMATION CONTACT: Ms. Michelle Herzog, Principal Staff Liaison, Policy Analysis Branch, Division of Vaccine Injury Compensation, HSB, HRSA at

(301)443-0650 or e-mail: *mherzog@hrsa.gov.* SUPPLEMENTARY INFORMATION: Under the authorities that established the ACCV, the Federal Advisory Committee Act of October 6, 1972 (Pub. L. 92-463) and section 2119 of the Act, 42 U.S.C. 300aa-19, as added by Pub. L. 99-660 and amended, HRSA is requesting nominations for three voting members of the ACCV. The ACCV advises the Secretary on the implementation of the VICP. The activities of the ACCV include: Recommending changes in the Vaccine Injury Table at its own initiative or as the result of the filing of a petition; advising the Secretary in implementing section 2127 regarding the need for childhood vaccination products that result in fewer or no significant adverse reactions; surveying Federal, State, and local programs and activities related to gathering information on injuries associated with the administration of childhood vaccines, including the adverse reaction reporting requirements of section 2125(b); advising the Secretary on the methods of obtaining, compiling, publishing, and using credible data related to the frequency and severity of adverse reactions associated with childhood vaccines; consulting on the development or revision of the Vaccine Information Statements; and recommending to the Director of the National Vaccine Program that vaccine safety research be conducted on various vaccine injuries. The ACCV consists of nine voting members appointed by the Secretary as follows:

(1)Three health professionals, who are not employees of the United States Government and have expertise in the health care of children, and the epidemiology, etiology, and prevention of childhood diseases, and the adverse reactions associated with vaccines, at least two shall be pediatricians;

(2)three members from the general public, at least two shall be legal representatives (parents or guardians) of children who have suffered a vaccine-related injury or death; and

(3)three attorneys, at least one shall be an attorney whose specialty includes representation of persons who have suffered a vaccine-related injury or death, and one shall be an attorney whose specialty includes representation of vaccine manufacturers. In addition, the Director of the National Institutes of Health, the Assistant Secretary for Health, the Director of the Centers for Disease Control and Prevention, and the Commissioner of the Food and Drug Administration (or the designees of such officials) serve as nonvoting ex officio members. Specifically, HRSA is requesting nominations for three voting members of the ACCV representing:

(1)A health professional, who has expertise in the health care of children; and the epidemiology, etiology, and prevention of childhood diseases;

(2)a member of the general public who is the legal representative of a child who has suffered a vaccine injury or death; and

(3)an attorney with no specific affiliation. Nominees will be invited to serve a 3-year term beginning January 1, 2009, and ending December 31, 2011. Interested persons may nominate one or more qualified persons for membership on the ACCV. Nominations shall state that the nominee is willing to serve as a member of the ACCV and appears to have no conflict of interest that would preclude the ACCV membership. Potential candidates will be asked to provide detailed information concerning consultancies, research grants, or contracts to permit evaluation of possible sources of conflicts of interest. A curriculum vitae or resume should be submitted with the nomination. The Department of Health and Human Services has special interest in assuring that women, minority groups, and the physically disabled are adequately represented on advisory committees; and therefore, extends particular encouragement to nominations for appropriately qualified female, minority, or disabled candidates. Dated: July 16, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-16773 Filed 7-21-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Comment Request In compliance with the requirement for opportunity for public comment on proposed data collection projects (section 3506(c)(2)(A) of title 44, United States Code, as amended by the Paperwork Reduction Act of 1995, Pub. L. 104-13), the Health Resources and Services Administration

(HRSA)publishes periodic summaries of proposed projects being developed for submission to the Office of Management and Budget

(OMB)under the Paperwork Reduction Act of 1995. To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, e-mail *paperwork@hrsa.gov* or call the HRSA Reports Clearance Officer on

(301)443-1129. Comments are invited on:

(a)The proposed collection of information for the proper performance of the functions of the agency;

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Proposed Project: Application for Certification and Recertification as a Federally Qualified Health Center

(FQHC)Look-Alike (OMB No. 0915-0142): Extension The Health Resources and Services Administration

(HRSA)collects applicant information for organizations applying for certification or recertification as a Federally Qualified Health Center

(FQHC)Look-Alike for purposes of cost-based reimbursement under the Medicaid and Medicare programs. The information contained in the application guide reflects legislative, policy, and technical requirements for applicant organizations. The estimated annual burden is as follows: Form Number of respondents Responses per respondent Total responses Hours per response Total burden hours Application 40 1 40 100 4,000 Recertification 100 1 100 15 1,500 Total 140 140 5,500 E-mail comments to *paperwork@hrsa.gov* or mail the HRSA Reports Clearance Officer, Room 10-33, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. Written comments should be received within 60 days of this notice. Dated: July 15, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-16774 Filed 7-21-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Comment Request In compliance with the requirement for opportunity for public comment on proposed data collection projects (section 3506(c)(2)(A) of Title 44, United States Code, as amended by the Paperwork Reduction Act of 1995, Pub. L. 104-13), the Health Resources and Services Administration

(HRSA)publishes periodic summaries of proposed projects being developed for submission to the Office of Management and Budget

(301)443-1129. Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Proposed Project: The National Health Service Corps Uniform Data System (OMB No. 0915-0232) Extension The Health Resources and Services Administration (HRSA), Bureau of Clinician Recruitment and Service

(BCRS)places National Health Service Corps

(NHSC)health care professionals at sites that provide services to underserved and vulnerable populations. The NHSC Uniform Data System

(UDS)report is completed by sites which receive the placement of an NHSC provider, if those sites are not currently receiving HRSA grant support. The NHSC UDS provides information that is utilized for monitoring and evaluation of program operations and effectiveness, and to accurately report on the scope of supported activities. The estimated annual burden is as follows: Instrument Number of respondents Responses per respondent Total responses Hours per response Total burden hours Uniform Data System 1,200 1 1,200 27 32,400 E-mail comments to *paperwork@hrsa.gov* or mail the HRSA Reports Clearance Officer, Room 10-33, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. Written comments should be received within 60 days of this notice. Dated: July 15, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-16775 Filed 7-21-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request Periodically, the Health Resources and Services Administration

(HRSA)publishes abstracts of information collection requests under review by the Office of Management and Budget (OMB), in compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). To request a copy of the clearance requests submitted to OMB for review, e-mail *paperwork@hrsa.gov* or call the HRSA Reports Clearance Office on

(301)443-1129. The following request has been submitted to the Office of Management and Budget for review under the Paperwork Reduction Act of 1995: Proposed Project: National Health Service Corps Recruitment and Retention Assistance Application (OMB No. 0915-0230)—Extension The National Health Service Corps

(NHSC)of the Bureau of Clinician Recruitment and Service (BCRS), HRSA, is committed to improving the health of the Nation's underserved by uniting communities in need with caring health professionals and by supporting community's efforts to build better systems of care. The Application for NHSC Recruitment and Retention Assistance, submitted by sites, requests information on the practice site, sponsoring agency, recruitment contact, staffing levels, service users, charges for services, employment policies, and fiscal management capabilities. Assistance in completing the application may be obtained through the appropriate State Primary Care Offices, State Primary Care Associations and the NHSC. The information on the application is used for determining the eligibility of sites and to verify the need for NHSC providers. Sites must apply once every three years. The estimated burden is as follows: Type of report Number of respondents Responses per respondent Total responses Hours per response Total burden hours NHSC Multi-year Site Application 2900 1 2900 0.5 1450 Written comments and recommendations concerning the proposed information collection should be sent within 30 days of this notice to the desk officer for HRSA, either by e-mail to *OIRA_submission@omb.eop.gov* or by fax to 202-395-6974. Please direct all correspondence to the “attention of the desk officer for HRSA.” Dated: July 16, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-16776 Filed 7-21-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request Periodically, the Health Resources and Services Administration

(301)443-1129. The following request has been submitted to the Office of Management and Budget for review under the Paperwork Reduction Act of 1995: Proposed Project: Free Clinic FTCA Deeming Application (OMB No. 0915-0293) Revision Congress legislated FTCA medical malpractice protection for free clinic volunteer health professionals through Section 194 of the Health Insurance Portability and Accountability Act (HIPAA) amending Section 224 of the Public Health Service Act. Individuals eligible to participate in this program are health care practitioners volunteering at free clinics who meet specific eligibility requirements. If an individual meets all the requirements of this program, they can be “deemed” to be a Federal employee. This deemed status is specifically to provide immunity from medical malpractice lawsuits as a result of the performance of medical, dental, or related activities within the scope of the volunteer's work at the free clinic. The sponsoring free clinic entity must submit an application to the Health Resources and Services Administration (HRSA). This application will require information about the sponsoring free clinic's credentialing system, risk management practices, and quality assurance system in order to ensure the Government is not exposed to undue liability resulting from the medical malpractice coverage of non-qualified health care professionals as well as the number of annual FTCA patient visits. Attached to the application will be a listing of specific health care providers for whom the sponsoring free clinic is requesting deemed status. *The estimated annual burden is as follows:* Form Number of respondents Responses per respondent Total responses Hours per response Total burden hours Free Clinic FTCA Application 150 1 150 16 2,400 Total 150 150 2,400 Written comments and recommendations concerning the proposed information collection should be sent within 30 days of this notice to the desk officer for HRSA, either by e-mail to *OIRA_submission@omb.eop.gov* or by fax to 202-395-6974. Please direct all correspondence to the “attention of the desk officer for HRSA.” Dated: July 16, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-16779 Filed 7-21-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Comment Request In compliance with the requirement for opportunity for public comment on proposed data collection projects (section 3506(c)(2)(A) of Title 44, United States Code, as amended by the Paperwork Reduction Act of 1995, Pub. L. 104-13), the Health Resources and Services Administration

(HRSA)publishes periodic summaries of proposed projects being developed for submission to the Office of Management and Budget

(301)443-1129. Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Proposed Project: Health Professions Student Loan

(HPSL)Program and Nursing Student Loan

(NSL)Program Administrative Requirements (Regulations and Policy) (OMB No. 0915-0047)—Extension The regulations for the Health Professions Student Loan

(HPSL)Program and Nursing Student Loan

(NSL)Program contain a number of reporting and recordkeeping requirements for schools and loan applicants. The requirements are essential for assuring that borrowers are aware of rights and responsibilities that schools know the history and status of each loan account which schools pursue aggressive collection efforts to reduce default rates, and that they maintain adequate records for audit and assessment purposes. Schools are free to use improved information technology to manage the information required by the regulations. The estimated total annual burden is 34,558 hours. The burden estimates are as follows: Recordkeeping Requirements Regulatory/section requirements Number of recordkeepers Hours per year Total burden hours HPSL Program: 57.206(b)(2), Documentation of Cost of Attendance 435 1.17 509 57.208(a), Promissory Note 435 1.25 544 57.210(b)(1)(i), Documentation of Entrance Interview 435 1.25 544 57.210(b)(1)(ii), Documentation of Exit Interview * 477 0.33 157 57.215(a) & (d), Program Records * 477 10 4,770 57.215(b), Student Records * 477 10 4,770 57.215(c), Repayment Records * 477 18.75 8,944 HPSL Subtotal 477 20,238 NSL Program: 57.306(b)(2)(ii), Documentation of Cost of Attendance 304 0.3 91 57.308(a), Promissory Note 304 0.5 152 57.310(b)(1)(i), Documentation of Entrance Interview 304 0.5 152 57.310(b)(1)(ii), Documentation of Exit Interview * 486 0.17 83 57.315(a)(1) & (a)(4), Program Records * 486 5 2,430 57.315(a)(2), Student Records * 486 1 486 57.315(a)(3), Repayment Records * 486 2.51 1,220 NSL Subtotal 486 4,614 * Includes active and closing schools. HPSL data include active and closing Loans for Disadvantaged Students

(LDS)program schools. Reporting Requirements Regulatory/section requirements Number of respondents Responses per respondent Total annual responses Hours per response Total hour burden HPSL Program: 57.206(a)(2), Student Financial Aid Transcript 4,600 1 4,600 .25 1,150 57.208(c), Loan Information Disclosure 435 68.73 29,898 .0833 2,490 57.210(b)(1)(i), Entrance Interview 435 68.73 29,898 0.167 4,993 57.210(b)(1)(ii), Exit Interview *477 12 5,724 0.5 2,862 57.210(b)(1)(iii), Notification of Repayment *477 30.83 14,706 0.167 2,456 57.210(b)(1)(iv), Notification During Deferment *477 24.32 11,601 0.0833 966 57.210(b)(1)(vi), Notification of Delinquent Accounts *477 10.28 4,904 0.167 819 57.210(b)(1)(x), Credit Bureau Notification *477 8.03 3,830 0.6 2,298 57.210(b)(4)(i), Write-off of Uncollectible Loans 20 1.00 20 3.0 60 57.211(a) Disability Cancellation 10 1 10 .75 8 57.215(a)(2), Administrative Hearings 0 0 0 0 0 57.215(a)(d), Administrative Hearings 0 0 0 0 0 HPSL Subtotal 7,885 105,190 18,102 NSL Program: 57.306(a)(2), Student Financial Aid Transcript 4,100 1 4,100 0.25 1,025 57.310(b)(1)(i), Entrance Interview 304 23.51 7,147 0.167 1,193 57.310(b)(1)(ii), Exit Interview *486 3.77 1,832 0.5 916 57.310(b)(1)(iii), Notification of Repayment *486 6.18 3,003 0.167 501 57.310(b)(1)(iv), Notification During Deferment *486 0.65 316 0.083 26 57.310(b)(1)(vi), Notification of Delinquent Accounts *486 4.61 2,240 0.167 374 57.310(b)(1)(x), Credit Bureau Notification *486 8.3 4,003 0.6 2,420 57.310(b)(4)(i), Write-off of Uncollectible Loans 20 1.0 20 3.5 70 57.311(a), Disability Cancellation 10 1.0 10 0.8 8 57.315(a)(1)(ii), Administrative Hearings 0 0 0 0 0 57.316(a)(d), Administrative Hearings 0 0 0 0 0 NSL Subtotal 6,864 22,703 6,535 * Includes active and closing schools. E-mail comments to *paperwork@hrsa.gov* or mail to: HRSA Reports Clearance Officer, Room 10-33, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. Written comments should be received within 60 days of this notice. Dated: July 16, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-16780 Filed 7-21-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Center for Scientific Review, Special Emphasis Panel, DNA Replication, Repair and Transcription. *Date:* July 29, 2008. *Time:* 2 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* David J. Remondini, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2210, MSC 7890, Bethesda, MD 20892, 301-435-1038, *remondid@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review, Special Emphasis Panel, Urology Applications. *Date:* August 4, 2008. *Time:* 4 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* Ryan G. Morris, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4205, MSC 7814, Bethesda, MD 20892, 301-435-1501, *morrisr@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review, Special Emphasis Panel, Membrane Channels, Neuroimmunology, and Gene Expression. *Date:* August 5-8, 2008. *Time:* 2 p.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting). *Contact Person:* Joanne T. Fujii, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4184, MSC 7850, Bethesda, MD 20892,

(301)435-1178, *fujiij@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* Center for Scientific Review, Special Emphasis Panel, Special Reviews in Bioengineering. *Date:* August 8, 2008. *Time:* 1 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call). *Contact Person:* George W. Chacko, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5170, MSC 7849, Bethesda, MD 20892, 301-435-1245, *chackoge@csr.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: July 14, 2008. David Clary, Acting Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-16510 Filed 7-21-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Eye Institute; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Eye Institute, Special Emphasis Panel, NEI Institutional Training Grant Applications. *Date:* July 30, 2008. *Time:* 8 a.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road, NW., Washington, DC 20015. *Contact Person:* Anne E. Schaffner, PhD, Scientific Review Administrator, Division of Extramural Research, National Eye Institute, 5635 Fishers Lane, Suite 1300, MSC 9300, Bethesda, MD 20892-9300,

(301)451-2020, *aes@nei.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Eye Institute, Special Emphasis Panel, Clinical Grant Applications. *Date:* August 4, 2008. *Time:* 8:30 a.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road, NW., Washington, DC 20015. *Contact Person:* Houmam H Araj, PhD., Scientific Review Administrator, Division of Extramural Research, National Eye Institute, NIH 5635 Fishers Lane, Suite 1300, Bethesda, MD 20892-9602, 301-451-2020, *ha50c@nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.867, Vision Research, National Institutes of Health, HHS) Dated: July 14, 2008. David Clary, Acting Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-16511 Filed 7-21-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Proposed Collection; Comment Request In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 concerning opportunity for public comment on proposed collections of information, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the information collection plans, call the SAMHSA Reports Clearance Officer on

(240)276-1243. *Comments are invited on:*

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

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

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

(ATR)Program Cross-Site Evaluation—New SAMHSA's Center for Substance Abuse Treatment

(CSAT)is conducting a cross-site evaluation of the Access to Recovery

(ATR)program. CSAT's ATR program is a competitive, discretionary grant awarded to 18 States, the District of Columbia, and five Tribal Organizations to develop and operate a voucher-based substance abuse treatment financing system. The primary focus of the ATR program is to improve access by utilizing treatment payment vouchers, to expand independent client choice of treatment providers, to expand access to both clinical treatment and recovery support services (RSS), and to increase substance abuse treatment capacity by increasing the array of faith-based and community organizations through which clinical treatment and RSS can be offered. The purpose of the cross-site evaluation is to examine how grantees implement the ATR program and the program's impact on existing treatment systems and client outcomes and to inform future policy on the development and implementation of substance abuse treatment voucher systems. Two surveys will be administered as part of this evaluation. One survey will be administered to a sample of clients participating in the ATR program and a second survey will be administered to service organizations participating in a grantee's ATR program. The client survey will be administered following the 6-month post-intake Government Performance and Results Act

(GPRA)follow-up (OMB No. 0930-0208), using the same data collection methods as the GPRA data collection to reduce client burden. GPRA data collection methods vary by ATR grantee; typically, grantees collect GPRA data in-person, but in special cases they may use a telephone interview. The ATR client survey includes questions on client choice, ease of obtaining services through an ATR program, and client satisfaction. The provider survey will be administered through a Web survey instrument and will target a key informant in the organization to complete the survey. Providers unable to access or complete the Web survey will be provided with a paper version of the survey. The provider survey includes questions on organizational characteristics, satisfaction with the ATR program, and experience participating in the ATR program. Total Burden Hours for the Cross-Site Client and Provider Survey Instrument/activity Number of respondents Number of responses per respondent Average burden per response Total burden hours per collection Client Survey 7,329 1 0.15 1,100 Provider Survey (80% response rate) 4,083 1 0.50 2,042 Total 11,412 3,142 Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 7-1045, 1 Choke Cherry Road, Rockville, MD 20857. Written comments should be received within 60 days of this notice. Dated: July 16, 2008. Elaine Parry, Acting Director, Office of Program Services. [FR Doc. E8-16726 Filed 7-21-08; 8:45 am] BILLING CODE 4162-20-P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2008-0074] The Critical Infrastructure Partnership Advisory Council AGENCY: National Protection and Programs Directorate, DHS. ACTION: Notice of Critical Infrastructure Partnership Advisory Council (CIPAC) Meeting. SUMMARY: The Critical Infrastructure Partnership Advisory Council will meet on July 30, 2008 in Washington, DC. The meeting will be open to the public. DATES: The Critical Infrastructure Partnership Advisory Council will meet Wednesday, July 30, 2008 from 8:20 a.m. to 4 p.m. Please note that the meeting may adjourn early if the committee has completed its business. For additional information, please consult the CIPAC Web site, *http://www.dhs.gov/cipac,* or contact the CIPAC Secretariat by phone at 703-235-3999 or by e-mail at *cipac@dhs.gov.* ADDRESSES: The meeting will be held in Salons III and IV of the Grand Ballroom of the J.W. Marriott, 1331 Pennsylvania Avenue, Washington, DC 20004. While we will be unable to accommodate oral comments from the public, written comments may be sent to Nancy Wong, Department of Homeland Security, National Protection and Programs Directorate, Washington, DC 20528. Comments must be identified by DHS-2008-0074 and may be submitted by *one* of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: cipac@dhs.gov.* Include the docket number in the subject line of the message. • *Fax:* 703-235-3055. • *Mail:* Nancy Wong, Department of Homeland Security, National Protection and Programs Directorate, Washington, DC 20528. *Instructions:* All submissions received must include the words “Department of Homeland Security” and the docket number for this action. Comments received will 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 Critical Infrastructure Partnership Advisory Council, go to *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Nancy Wong, CIPAC Designated Federal Officer, Department of Homeland Security, Washington, DC 20528; telephone 703-235-3999. SUPPLEMENTARY INFORMATION: The Critical Infrastructure Partnership Advisory Council represents a partnership between government and critical infrastructure/key resource

(CIKR)owners and operators and provides a forum in which they can engage in a broad spectrum of activities to support and coordinate critical infrastructure protection. The Critical Infrastructure Partnership Advisory Council will meet to discuss issues relevant to the protection of critical infrastructure. The July 30, 2008 meeting will include panel discussions between participating CIKR Sectors regarding the following topics: 1. Asset-Based Infrastructure Protection. 2. Systems-Based Infrastructure Protection. 3. Cross-Sector Dependencies and Interdependencies. 4. Regional Implementation of the National Infrastructure Protection Plan. Procedural While this meeting is open to the public, participation in the Critical Infrastructure Partnership Advisory Council deliberations is limited to committee members, Department of Homeland Security officials, and persons invited to attend the meeting for special presentations. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the CIPAC Secretariat at 703-235-3999 as soon as possible. Dated: July 14, 2008. Nancy Wong, Designated Federal Officer for the CIPAC. [FR Doc. E8-16659 Filed 7-21-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2008-0566] Houston/Galveston Navigation Safety Advisory Committee AGENCY: Coast Guard, DHS. ACTION: Notice of meetings. SUMMARY: The Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC) and its working groups will meet in Texas City, Texas, to discuss waterway improvements, aids to navigation, area projects impacting safety on the Houston Ship Channel, and various other navigation safety matters in the Galveston Bay area. All meetings will be open to the public. DATES: The Committee will meet on Tuesday, September 16, 2008, from 9 a.m. to 12 noon. The Committee's working groups will meet on Thursday, September 4, 2008, from 9 a.m. to 12 noon. These meetings may close early if all business is finished before 12 noon. Written material and requests to make oral presentations to the Committee should reach the Coast Guard on or before September 9, 2008. Requests to have a copy of your materials distributed to each member of the committee or working group should reach the Coast Guard on or before September 2, 2008. ADDRESSES: The full Committee will meet at Marine Safety Unit Galveston, 2101 FM 2004, Texas City, Texas 77591,

(409)978-2700. The working group meeting will be held at Marine Safety Unit Galveston, 2101 FM 2004, Texas City, Texas 77591,

(409)978-2700. Send written material and requests to make oral presentations to LT Sean Hughes, Assistant to the Executive Secretary of HOGANSAC, 9640 Clinton Drive, Houston, Texas 77029. This notice is available in our online docket, USCG-2008-0566, at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Commander Hal R. Pitts, Executive Secretary of HOGANSAC, telephone

(713)671-5164, e-mail *hal.r.pitts@uscg.mil* or Lieutenant Sean Hughes, Assistant to the Executive Secretary of HOGANSAC, telephone

(713)678-9001, e-mail *sean.p.hughes@uscg.mil.* SUPPLEMENTARY INFORMATION: Notice of these meetings is given pursuant to the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). *Agendas of the Meetings:* *Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC).* The tentative agenda is as follows:

(1)Opening remarks by the Committee Sponsor (RADM Whitehead) or the Committee Sponsor's representative, Executive Director (CAPT Diehl) and Chairperson (Ms. Tava Foret).

(2)Approval of the May 22, 2008 minutes.

(3)Old Business:

(a)Navigation Operations (NAVOPS)/Maritime Incident Review subcommittee report;

(b)Dredging subcommittee report;

(c)Technology subcommittee report;

(d)Waterways Optimization subcommittee report;

(e)Harbor of Safe Refuge subcommittee report;

(f)HOGANSAC Outreach subcommittee report;

(g)Commercial Recovery Contingency subcommittee report; and

(h)Area Maritime Security Committee

(AMSC)Liaison's report.

(4)New Business: *Working Groups Meeting.* The tentative agenda for the working groups meeting is as follows:

(1)Presentation by each working group of its accomplishments and plans for the future;

(2)Review and discuss the work completed by each working group; and

(3)Put forth any action items for consideration at full committee meeting. Procedural Both meetings are open to the public. Please note that meetings may close early if all business is finished. At the Chairs' discretion, members of the public may make oral presentations during the meetings. If you would like to make an oral presentation at the Committee's September 16 meeting, please notify the Coast Guard no later than September 9, 2008. Written material for distribution at a meeting should reach the Coast Guard no later than September 2, 2008. If you would like a copy of your material distributed to each member of the committee in advance of the meetings, please submit 19 copies to the Coast Guard no later than September 2, 2008. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meetings, contact the Executive Secretary or Assistant to the Executive Secretary as soon as possible. Dated: June 24, 2008. J.H. Korn, Captain U.S. Coast Guard, Commander, 8th Coast Guard District, Acting. [FR Doc. E8-16769 Filed 7-21-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2435-07; DHS Docket No. USCIS-2007-0061] RIN 1615-ZA66 Domestic Violence Guidance Pamphlet for K Nonimmigrants AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. SUMMARY: U.S. Citizenship and Immigration Services is soliciting comments from the public on a pamphlet discussing the rights and resources available to individuals coming to the United States under the K nonimmigrant classification as the fiancé(e) or the spouse of a U.S. citizen. The pamphlet is required by the International Marriage Broker Regulation Act of 2005 and is intended to help such aliens understand the immigration process and prevent domestic violence. DATES: Written comments must be submitted on or before September 19, 2008. ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-2007-0061, by *one* of the following methods: • *Federal eRulemaking Po rtal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2007-0061 on your correspondence. This mailing address may be used for paper, disk, or CD-ROM submissions. • *Hand Delivery/Courier:* Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. Contact Telephone Number

(202)272-8377. FOR FURTHER INFORMATION CONTACT: Andrew Perry, Family and Victim Protection Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Suite 2304, Washington, DC 20529. Contact Telephone Number

(202)272-1470. SUPPLEMENTARY INFORMATION: I. Background Citing the fact that K nonimmigrants may face a higher risk of domestic violence in relationships arranged by International Marriage Brokers (IMBs), Congress enacted the International Marriage Broker Regulation Act of 2005 (IMBRA), subtitle D, Public Law No. 109-162, 119 Stat. 3066-3077 (2006). A K nonimmigrant is an alien who:

(1)Is the fiancé(e) of a U.S. citizen

(USC)who has petitioned for the alien to enter the United States solely to conclude a valid marriage with him or her (referred to as “K-1” nonimmigrants);

(2)Is married to a U.S.C. who has petitioned the alien for lawful permanent residence and is seeking to enter the United States to await approval of the petition and availability of an immigrant visa (referred to as “K-3” nonimmigrants); or

(3)Is the minor child of the alien accompanying or following to join the alien (referred to as “K-2” or “K-4” nonimmigrants). Immigration and Nationality Act

(INA)sec. 1101(a)(15)(K); 8 U.S.C. 214.1(a)(2). Pursuant to the requirements established by IMBRA, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, must develop and distribute to K nonimmigrant visa applicants an information pamphlet explaining the legal rights and resources for immigrant victims of domestic violence. 8 U.S.C. 1375a(a)(1). The pamphlet must include information on the following eight topics:

(1)The K nonimmigrant visa application process and the marriage-based immigration process;

(2)The illegality of domestic violence, sexual assault, and child abuse in the United States and the dynamics of domestic violence;

(3)Domestic violence and sexual assault services in the United States, including the National Domestic Violence Hotline and the National Sexual Hotline;

(4)The legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law, and other matters, including access to protection orders;

(5)The obligations of parents to provide child support;

(6)Marriage fraud under United States immigration laws and the penalties for committing such fraud;

(7)A warning concerning the potential use of K nonimmigrant visas by U.S. citizens who have a history of committing domestic violence, sexual assault, child abuse, or other crimes and an explanation that such acts may not have resulted in a criminal record for such a citizen; and

(8)Notification of the requirement under IMBRA that international marriage brokers provide their foreign national clients with background information gathered on U.S. citizen clients from searches of Federal and state sex offender public registries and collected from U.S. citizen clients regarding their marital history, and domestic violence or other violent criminal history. But that such information may not be complete or accurate because the U.S. citizen clients may not have a criminal record or may not have truthfully reported their marital or criminal record. 8 U.S.C. 1375a(a)(2). The pamphlet must be translated by the Secretary of State into Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, Hindi, and such other languages as the Secretary of State, in the Secretary's discretion, may specify. 8 U.S.C. 1375a(a)(4)(A). The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, must determine every 2 years at least 14 languages into which the information pamphlet is translated based on the languages spoken by the greatest concentrations of K nonimmigrant visa applicants. 8 U.S.C. 1375a(a)(4)(B). The law includes specific requirements for distribution of the information pamphlet to aliens seeking K nonimmigrant status. The Secretary of State must mail the information pamphlet to the alien seeking K nonimmigrant status along with the instruction packet for K nonimmigrant visa applications. 8 U.S.C. 1375a(a)(5)(A)(i). In addition, consular officers must provide a copy of the information pamphlet to all applicants for a K nonimmigrant visa during their interview for the visa. 8 U.S.C. 1375a(b)(1)(B). The law also requires that the pamphlet be distributed to each alien seeking to obtain lawful permanent resident status. For each alien applying for a family-based immigrant visa outside the United States or adjustment of status (on Form I-485, Application to register Permanent Residence or Adjust Status) within the United States, a copy of the information pamphlet must be provided at such alien's consular or adjustment of status interview. 8 U.S.C. 1375a(b)(2). The information pamphlet must be made available at all consular offices abroad, posted on the Web sites of the Department of State, and Department of Homeland Security, and all consular posts processing K nonimmigrant visa applications, and made available to IMBs, government agencies, and nongovernmental advocacy organizations. 8 U.S.C. 1375a(a)(5)(B),

(C)and (D). II. Solicitation of Comments on the Information Pamphlet U.S. Citizenship and Immigration Services (USCIS) is developing the information pamphlet required by IMBRA and is inviting the public to submit comments on all aspects of the pamphlet before its issuance and distribution. Comments that will provide the most assistance to USCIS will reference a specific portion of the pamphlet, explain the reason for any recommended change, and include data, information, or authority that supports the recommended change. *Instructions:* All submissions received must include the agency name and DHS Docket No. USCIS-2007-0061 for this Notice. All comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov.* Submitted comments may also be inspected at the Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. Dated: July 14, 2008. Jonathan Scharfen, Acting Director, U.S. Citizenship and Immigration Services. BILLING CODE 9111-97-P en22jy08.000 en22jy08.001 en22jy08.002 [FR Doc. E8-16521 Filed 7-21-08; 8:45 am] BILLING CODE 9111-97-C DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Camin Cargo Control, Inc., as a Commercial Gauger and Laboratory AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of accreditation and approval of Camin Cargo Control, Inc., as a commercial gauger and laboratory. SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Camin Cargo Control, Inc., 1301 Metropolitan Ave., Thorofare, NJ 08086, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling

(202)344-1060. The inquiry may also be sent to *cbp.labhq@dhs.gov.* Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. *http://cbp.gov/xp/cgov/import/operations_support/labs_scientific_svcs/commercial_gaugers/* . DATES: The accreditation and approval of Camin Cargo Control, Inc., as commercial gauger and laboratory became effective on May 22, 2008. The next triennial inspection date will be scheduled for May 2011. FOR FURTHER INFORMATION CONTACT: Randall Breaux, Laboratories and Scientific Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-1060. Dated: July 15, 2008. Ira S. Reese, Executive Director, Laboratories and Scientific Services. [FR Doc. E8-16714 Filed 7-21-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of accreditation and approval of Intertek USA, Inc., as a commercial gauger and laboratory. SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Intertek USA, Inc., 109-B Freedom Boulevard, Yorktown, VA 23692, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling

(OMB)for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* August 5, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments must be received within fourteen

(14)days from the date of this Notice. Comments should refer to the proposal by name/or OMB approval number and should be sent to: HUD Desk Officer, Office of Management and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Paperwork Reduction Act Compliance Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* ; 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 U.S. Department of Housing and Urban Development

(HUD)has submitted to OMB, for emergency processing, a revised collection for submission of Applications for Housing Assistance Payments and Special Claims Processing, and Owner Certification with Tenant Eligibility and Rent Procedures. 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:* Applications for Housing Assistance Payments and Special Claims Processing; and Owner Certification with Tenant Eligibility and Rent Procedures. *Description of Information Collection:* This is a revised collection for submitting Applications for Housing Assistance Payments and determining Owner Certification of Compliance with Tenant Eligibility and Rent Procedures for Section 8, Rent Supplement, Rental Assistance Payment (RAP), Section 202 Project Assistance Contracts

(PACs)and Section 811 and 202 Project Rental Assistance Contracts (PRACS) program units. Special Claims for damages, unpaid rent loss, and vacancy claims are available for the Section 8, Section 202 PACs, and Section 811 and Section 202 PRACS programs. Each HUD program has an assistance payments contract. These contracts indicate that HUD will make monthly assistance payments to Project Owners/Management Agents on behalf of the eligible households who reside in the assisted units. Project Owners are required to sign a certification on the Housing Owner's Certifications and Application for Housing Assistance form which states:

(1)Each tenant's eligibility and assistance payments was computed in accord with HUD's regulations administrative procedures and the Contract, and are payable under the Contract;

(2)The units for which assistance is being billed are decent, safe, sanitary, and occupied or available for occupancy;

(3)No amount included on the bill has been previously billed or paid;

(4)All facts and data on which the payment request is based are true and accurate; and

(5)That no payments have been paid or will be paid from the tenant or any public or private source for units beyond that authorized by the assistance contract, or lease, unless permitted by HUD. This revised information collection provides a standard for Project Owners/Management Agents to report Adjustments to Schedule of Tenant Assistance Payments Due, Miscellaneous Accounting Request for Schedule of Tenant Assistance Due and Approved Special Claims for Schedule of Tenant Assistance Payments Due utilizing data already available in their software. The revised information collection further provides for distinct and increased clarity in reporting Partial Certifications such as Gross Rent Changes, Unit Transfers, Terminations and Move Outs. *OMB Control Number:* 2502-0182. *Agency Form Numbers:* HUD-52670, HUD-52670-A Part 1, HUD-52670-A Part 2, HUD-52670-A Part 3, HUD-52670-A Part 4, HUD-52670-A Part 5, and HUD-52671-A/B/C/D. *Members of Affected Public:* Not-for-profit institutions. *OMB Control Number:* 2502-0204. *Agency Form Numbers* : HUD-50059, HUD-50059-A, HUD-9887/9887-A, HUD-27061-H, HUD-90100, HUD-90101, HUD-90102, HUD-90103, HUD-90104, HUD-90105-a, HUD-90105-b, HUD-90105-c, HUD-90105-d, and HUD-90106. *Members of Affected Public:* Not-for-profit institutions. *Estimation of the total numbers of hours needed to prepare the information collection (2502-0182) including number of respondents, frequency of responses, and hours of response:* An estimation of the annual total number of hours needed to prepare the information collection is 301,951, number of respondents is 24,325, frequency response is 12 per annum, and the total hours per respondent is 6.65. *Estimation of the total number of hours needed to prepare the information collection (2502-0204) including number of respondents, frequency of responses, and hours of response:* An estimation of the annual total number of hours needed to prepare the information collection is 1,920,431, number of respondents is 1,920,431, frequency response is 1 per annum, and the total hours per respondent is 1.71. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: July 17, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-16754 Filed 7-21-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R9-IA-2008-N0178; 96300-1671-0000-P5] Issuance of Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permits for endangered species. SUMMARY: The following permits were issued. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 212, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ), the Fish and Wildlife Service issued the requested permits subject to certain conditions set forth therein. For each permit for an endangered species, the Service found that

(1)The application was filed in good faith,

(2)the granted permit would not operate to the disadvantage of the endangered species, and

(3)the granted permit would be consistent with the purposes and policy set forth in Section 2 of the Endangered Species Act of 1973, as amended. Endangered Species Permit No. Applicant Receipt of application Federal Register notice Permit issuance date 170354 Iowa Primate Learning Sanctuary 73 FR 18808; April 7, 2008 June 5, 2008. 069429 and 069443 Steve Martin's Working Wildlife 73 FR 14266; March 17, 2008 May 21, 2008. Dated: June 27, 2008. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E8-16711 Filed 7-21-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-ES-2008-N00161; 40120-1112-0000-F2] Receipt of an Application for an Incidental Take Permit for Commercial Construction in Charlotte County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit

(ITP)and Habitat Conservation Plan (HCP). Charlotte County (applicant) requests an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking about 0.46 acre of foraging and sheltering habitat occupied by the threatened Florida scrub-jay ( *Aphelocoma coerulescens* ) (scrub-jay) incidental to lot preparation for the construction of a library and supporting infrastructure in Charlotte County, Florida (Project). The applicant's Habitat Conservation Plan

(HCP)describes the mitigation and minimization measures proposed to address the effects of the Project to the scrub-jay. DATES: We must receive your written comments on the ITP application and HCP on or before August 21, 2008. ADDRESSES: See the SUPPLEMENTARY INFORMATION section below for information on how to submit your comments on the ITP application and HCP. You may obtain a copy of the ITP application and HCP by writing to the South Florida Ecological Services Office, *Attn:* Permit number TE165374-0, U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960-3559. In addition, we will make the ITP application and HCP available for public inspection by appointment during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Ms. Trish Adams, Fish and Wildlife Biologist, South Florida Ecological Services Office (see ADDRESSES ); *telephone:*

(772)562-3909, ext. 232. SUPPLEMENTARY INFORMATION: If you wish to comment on the ITP application and HCP, you may submit comments by any one of the following methods. Please reference permit number TE165374-0 in such comments. 1. Mail or hand-deliver comments to our South Florida Ecological Services Office address (see ADDRESSES ). 2. E-mail comments to *trish_adams@fws.gov* . If you do not receive a confirmation that we have received your e-mail message, contact us directly at the telephone number listed under FOR FURTHER INFORMATION CONTACT . Before including your address, phone number, e-mail address, or other personal identifying information in your comments, 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. Commercial construction for the West County Library HCP will take place at latitude 26.942 and longitude 82.271 in Englewood, Charlotte County, Florida. This lot is within scrub-jay occupied habitat. The lot encompasses about 12.06 acres, and the footprint of the library, infrastructure, and landscaping preclude retention of scrub-jay habitat. In order to minimize take on site, the applicant proposes to mitigate for the loss of 0.46 acre of scrub-jay habitat by restoring and protecting in perpetuity 1.16 acres of occupied scrub-jay habitat adjacent to existing conservation lands. We have determined that the applicant's proposal, including the proposed mitigation and minimization measures, will have a minor or negligible effect on the species covered in the HCP. Therefore, the ITP is a “low-effect” project and qualifies as a categorical exclusion under the National Environmental Policy Act

(NEPA)(40 CFR 1506.6), as provided by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1). Low-effect HCPs are those involving

(1)minor or negligible effects on federally listed or candidate species and their habitats and

(2)minor or negligible effects on other environmental values or resources. Based on our review of public comments that we receive in response to this notice, we may revise this preliminary determination. We will evaluate the HCP and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act (16 U.S.C. 1531 et seq.). If we determine that the application meets the requirements, we will issue the ITP for incidental take of the Florida scrub-jay. We will also evaluate whether issuance of the section 10(a)(1)(B) ITP complies with section 7 of the Act by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in the final analysis to determine whether or not to issue the ITP. Authority: We provide this notice pursuant to section 10 of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ) and NEPA regulations (40 CFR 1506.6). Dated: June 25, 2008. Paul Souza, Field Supervisor, South Florida Ecological Services Office. [FR Doc. E8-16727 Filed 7-21-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R9-IA-2008-N0179; 96300-1671-0000-P5] Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals. DATES: Written data, comments or requests must be received by August 21, 2008. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 212, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* Molecular Anthropology Laboratory, Arizona State University, Tempe, AZ, PRT-185767. The applicant requests a permit to acquire from Coriell Cell Repositories, Camden, NJ, in interstate commerce thirteen DNA samples from gorillas ( *Gorilla gorilla* ) and one DNA sample from red-capped mangabey ( *Cercocebus torquatus* ) for the purpose of scientific research. *Applicant:* Byron G. Sadler, Lake Jackson, TX, PRT-187324. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. *Applicant:* Hollis B. Higginbothan, McMurray, PA, PRT-185730. The applicant requests a permit to import the sport-hunted trophy of one male bontebok ( *Damaliscus pygargus pygargus* ) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species. Endangered Marine Mammals The public is invited to comment on the following application for a permit to conduct certain activities with endangered marine mammals and/or marine mammals. The application was submitted to satisfy requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 *et seq.* ), and the regulations governing endangered species (50 CFR Part 17) and marine mammals (50 CFR Part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. *Applicant:* ABR, Inc.-Environmental Research & Services, Fairbanks, AK, PRT-187053. The applicant requests a permit to conduct on-shore, boat-based and aerial surveys of northern sea otters ( *Enhydra lutris kenyoni* ) at various locations in the coastal waters of Alaska for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a five-year period. Concurrent with the publication of this notice in the **Federal Register** , the Division of Management Authority is forwarding copies of the above applications to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. Dated: June 27, 2008. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E8-16712 Filed 7-21-08; 8:45 am] BILLING CODE 4310-55-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-448 and 731-TA-1117 (Final)] Certain Off-the-Road Tires From China AGENCY: United States International Trade Commission. ACTION: Revised schedule for the subject investigations. DATES: *Effective Date:* July 17, 2008. FOR FURTHER INFORMATION CONTACT: Elizabeth Haines (202-205-3200), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: Effective April 3, 2008, the Commission established a revised schedule for the conduct of the final phase of the subject investigations (73 FR 19249, April 9, 2008). The Commission has decided to revise its schedule with respect to the date for its final release of information and the date for final party comments. The Commission will make its final release of information on August 7, 2008 and final party comments are due on August 11, 2008. For further information concerning these investigations see the Commission's notice cited above and the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules. By order of the Commission. Issued: July 17, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-16764 Filed 7-21-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Safe Drinking Water Act Notice is hereby given that on July 16, 2008, a proposed Consent Decree (the “Decree”) in *United States* v. *City of Middletown, New York* , Civil Action No. 08 Civ. 6369

(LMS)was lodged with the United States District Court for the Southern District of New York. In a complaint, filed simultaneously with the Decree, the United States charged that the City of Middletown (the “City”) violated the Safe Drinking Water Act, 42 U.S.C. 300f, *et seq.* , by violating the Interim Enhanced Surface Water Treatment Rule, found at 40 CFR part 141, subpart P; 40 CFR 141.170-141.175 (“IESWTR”), and specifically failing to comply with the February 28, 2006 deadline, set in an Administrative Order issued by EPA against the City on March 31, 2004, to issue a notice to proceed in connection with the construction of a full scale water treatment plant to replace the existing, inadequate Monhagen Water Treatment Plant. Pursuant to the Decree, the City shall construct a water treatment facility to filter the drinking water it draws from surface water sources. The Decree requires the City to complete construction of the facility by April 30, 2010, pursuant to a schedule of eight interim construction milestones. The Decree further requires the City to implement a number of interim measures to protect the quality of its drinking water until the City has fully complied with the long term construction of the water treatment facility. For example, the Decree mandates ongoing monitoring of the water that the City obtains from surface water sources, as well as monthly reporting of the monitoring data to EPA, the State of New York and Orange County. The City will pay a $50,000 civil monetary penalty to the United States pursuant to the Decree. The City must also carry out an environmental project to conserve and improve the water quality in and around the City. Specifically, the City will implement an environmental project to collect the backwash water from the proposed water treatment plant for recycling to the head of the water treatment plant. The implementation of recycling will prevent the backwash from being discharged into the same surface water from which the City obtains its drinking water. The recycling project will also provide an alternative to discharging the filter backwash water into the City's sanitary sewer system as under the current system, with the anticipated result that approximately 62 million gallons of water per year will be conserved. The value of this supplemental environmental project is estimated at $490,000. The Department of Justice will receive, for a period of thirty

(30)days from the date of this publication, comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either 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. *City of Middletown, New York,* D.J. Ref. 90-5-1-1-09111. The Decree may be examined at the Office of the United States Attorney, 86 Chambers Street, 3rd Floor, New York, New York 10007, and at U.S. EPA Region 2, Office of Regional Counsel, 290 Broadway, New York, New York 10007-1866. During the public comment period, the Decree may also be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $4.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-16736 Filed 7-21-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE National Institute of Corrections Solicitation for a Cooperative Agreement: To Develop a Series of Papers on Parole AGENCY: National Institute of Corrections, Department of Justice. ACTION: Solicitation for a Cooperative Agreement. SUMMARY: The National Institute of Corrections

(NIC)is soliciting proposals from organizations, groups or individuals who would like to enter into a cooperative agreement with NIC to develop a series of five papers related to parole with a primary audience of parole board members, parole staff, governors, appointing authorities, and related criminal justice agencies. The five papers will be developed over an eighteen month time. The initial paper will address core competencies for parole board members and executive parole staff in paroling authorities. Additional topics for this series will be determined by NIC and the vendor. *Project Goal:* The overall goal of the initial paper is the development of a document on core competencies for parole board members and executive staff. This document will address the following: Describe the competencies needed to be a parole board member, parole chair and executive parole staff; Clarify how the competencies relate to the role of parole with other stakeholders within the criminal justice systems; Describe the organizational structures within the parole office that support the development and operation of competencies; Examine how competencies promote the use of EBP in parole and revocation decision making; Illustrate how governors, appointing authorities, and parole boards can use the competencies to make selection and hiring decisions. The core competencies must conform to the principles presented in the documents “Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices”, the “Correctional Leadership Competencies for the 21st Century for Executives and Senior-Level Leaders”, and the “Correctional Leadership Competencies for the 21st Century for Manager and Supervisor Levels”. These documents can be found at the following links: *http://nicic.org/Downloads/PDF/Library/022906.pdf* (NIC Accession no. 022906), *http://www.nicic.org/pubs/2005/020474.pdf* (NIC Accession no. 020474) and *http://nicic.org/Downloads/PDF/Library/020475.pdf* (NIC Accession no. 020475). DATES: Applications must be received by 4 p.m. EDT on August 20, 2008. ADDRESSES: Mailed applications must be sent to: Director, National Institute of Corrections, 320 First Street, NW., Room 5007, Washington, DC 20534. Applicants are encouraged to use Federal Express, UPS, or similar service to ensure delivery by the due date. Hand delivered applications should be brought to 500 First Street, NW., Washington, DC 20534. At the front desk, dial 7-3106, extension 0 for pickup. Faxed applications will not be accepted. Electronic applications can be submitted via *http://www.grants.gov* . FOR FURTHER INFORMATION CONTACT: All technical or programmatic questions concerning this announcement should be directed to Carla Smalls, Correctional Program Specialist, National Institute of Corrections. She can be reached by e-mail at *cjsmalls@bop.gov* or to George M. Keiser, Chief, Community Corrections Division, National Institute of Corrections. He can be reached by e-mail at *gkeiser@bop.gov* . SUPPLEMENTARY INFORMATION: *Background:* Parole can be defined as both a procedure by which a board administratively releases inmates from prison as well as a provision for post-release supervision. For our discussion, parole is defined as the release of an offender from imprisonment to the community by a releasing authority (parole board or paroling authority) prior to the expiration of the offender's sentence, subject to conditions imposed by the releasing authority. Revocation is the action of a releasing authority removing a person from parole status in response to a violation of conditions. As articulated by Nancy M. Campbell in the “Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices,” one of the key functions of a paroling authority, board members and staff, is directing and facilitating the achievement of desired outcomes through people and resources. Getting the work done through others is a reality for most leaders and managers, and this is particularly true given the structure of parole. Paroling authorities can set the terms and conditions of parole, but they rely on others to implement them. Even in those cases, where the paroling authority and supervision agency are combined, parole board members rely on others to implement the terms and conditions that they set. Effective governors appoint paroling authorities who have both leadership and management skills. As Jim Collins has said, “First get the right people on the bus.” This is often difficult in the public sector but not impossible. To accomplish the goals of successful reentry and public protection requires an understanding of the pivotal role that parole can play in protecting the public by helping offenders transition and reenter society successfully. Most parole board members are appointed by elected officials and these officials need to understand what skills, knowledge, and attitudes (competencies) the “right people” (parole board members and staff) must possess to be effective in their work. National Institute of Corrections Experience *Progress to Date:* NIC has adopted three documents that can guide the development of core competencies for parole board members and staff. The first two documents, “Correctional Leadership Competencies for the 21st Century for Executives and Senior-Level Leaders” and the “Correctional Leadership Competencies for the 21st Century for Manager and Supervisor Levels” outline core competencies for criminal justice managers. The third document, “Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices” describes the overarching visionary plan that paroling authorities will need for a future of well trained board members, using evidence based practices within agencies that have sufficient staff and other resources to effectively support the release and revocation of offenders. A review of these three documents provides a template for the development of a paper outlining the skills, knowledge, and attitudes that staff and board members should possess. *Scope of Work:* Under this first phase of the cooperative agreement, the single major area of work to be completed is the development of a paper approximately 50 pages in length that presents the core competencies for parole board members and executive parole staff. It is anticipated that this paper will be prototypical of the remaining four papers. *Description:* This initial document on parole will examine the skills, knowledge and abilities that parole board members and executive staff must possess to be effective in performing their work responsibilities within the criminal justice system. *Work to be performed:* The provider shall consult with the Correctional Program Specialist

(CPS)assigned to manage the cooperative agreement to ensure understanding of, and agreement on, the scope of work to be performed; submit a detailed work plan with time lines for accomplishing project activities to CPS for approval prior to any work being performed under this agreement; designate a point of contact, which will serve as the conduit of information and work experience between the CPS and the awardee; and review pertinent NIC documents to include training programs in the development of the core competencies. *Deliverables:* The provider shall describe methodology used to produce papers; outline a management plan to include timelines for the development of the papers; produce five papers; and recommend distribution plan. *Document Preparation:* For all awards in which a document will be a deliverable, the awardee must follow the Guidelines for Preparing and Submitting Manuscripts for Publication as found in the “General Guidelines for Cooperative Agreements” which will be included in the award package. *Required Expertise:* The successful applicant will need skills, abilities and knowledge in the areas of knowledge of the criminal justice system; knowledge of the role of parole and its function within the criminal justice system; ability to conduct research and relate these findings in a non-technical manner; skilled in conducting job task analyses that relate to job competencies; knowledge of evidence-based practices and offender transition, and how these areas relate to the parole process; and effective written and oral communication skills. *Application Requirements:* Applications should be concisely written, typed double spaced and referenced to the project by the “NIC Application Number” and Title provided in this announcement. The package must include: OMB Standard Form 424, Application for Federal Assistance, a cover letter that identifies the audit agency responsible for the applicant's financial accounts as well as the audit period of fiscal year that the applicant operates under (e.g., July 1 through June 30), and an outline of projected costs. The following additional forms must also be included: OMB Standard Form 424A, Budget Information—Non-Construction Programs, OMB Standard Form 424B, Assurances—Non-Construction Programs (available at *www.grants.gov* ) and DOJ/NIC Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and the Drug-Free Workplace Requirements (available at *http://www.nicic.gov/Downloads/PDF/certif-frm.pdf.* ) Applications may be submitted in hard copy, or electronically via *http://www.grants.gov* . If submitted in hard copy, there needs to be an original and six copies of the full proposal (program and budget narratives, application forms and assurances). The original should have the applicant's signature in blue ink. *Telephone Conference:* A telephone conference will be conducted for persons receiving this solicitation and having a serious intent to respond on July 30, 2008 at 2:00 pm EDT. In this conference, the NIC project manager will respond to questions regarding the solicitation and expectation of work to be performed. Please notify Carla Smalls electronically ( *cjsmalls@bop.gov* ) by 12 noon EDT on July 25, 2008, regarding your interest in participating in the conference. You will be provided with a call-in number and instructions. In addition, NIC project managers will post answers to questions received from potential applicants on its Web site for the six weeks in which the solicitation is open to the public. Authority: Public Law 93-415. *Funds Available:* NIC is seeking the applicant's best ideas regarding accomplishment of the scope of work and the related costs for achieving the goals of this solicitation. The final budget and award amount will be negotiated between NIC and the successful applicant. Funds may only be used for the activities that are linked to the desired outcome of the project. Following award of the cooperative agreement, NIC will work with the awardee to refine the identification of additional topics, plus the review and final acceptance of each deliverable. A specific funding amount is not disclosed. Both the cost and the development strategy are to be completed. Selection will be based on a determination of the best value for the government to achieve the goals of the award. This project will be a collaborative venture with the NIC Community Corrections Division. *Eligibility of Applicants:* An eligible applicant is any public or private agency, educational institution, organization, individual or team with expertise in the described areas. *Review Considerations:* Applications received under this announcement will be subjected to a 3-to-5 person NIC Peer Review Process. *Number of Awards:* One. *NIC Application Number:* 08C79. This number should appear as a reference line in the cover letter, in box 4a of Standard Form 424, and outside of the envelope in which the application is sent. *Catalog of Federal Domestic Assistance Number:* 16.601. *Executive Order 12372:* This project is not subject to the provisions of Executive Order 12372. Thomas J. Beauclair, Deputy Director, National Institute of Corrections. [FR Doc. E8-16684 Filed 7-21-08; 8:45 am] BILLING CODE 4410-36-P DEPARTMENT OF LABOR Employment and Training Administration Proposed Information Collection Request for the Extension of the Individual Training Account Experiment; Extension With Changes of Approved Collection; Comment Request AGENCY: Employment and Training Administration, Department of Labor. ACTION: Notice. SUMMARY: The U.S. Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration is soliciting comments for a proposed extension with revisions to an approved information collection (OMB 1205-0441, expires November 30, 2009) to evaluate long-term impacts of participants in the Individual Training Account Experiment. A copy of the proposed information collection request

(ICR)can be obtained by contacting the office listed below in the addresses section of this notice or by accessing: *http://www.doleta.gov/OMBCN/OMBControlNumber.cfm.* DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before September 22, 2008. ADDRESSES: Submit written comments to Janet Javar, Room N-5641, Employment and Training Administration, 200 Constitution Avenue, NW., Washington, DC 20210. *Telephone number:* 202-693-3677 (this is not a toll-free number). *Fax:* 202-693-2766. *E-mail: javar.janet@dol.gov.* SUPPLEMENTARY INFORMATION: The Workforce Investment Act

(WIA)of 1998 brought about substantial changes in the way training and other employment services are provided. WIA required workforce investment areas to establish Individual Training Accounts (ITAs), which provide vouchers or other related funding methods that customers can use to pay for training. ITAs are intended to empower customers to choose the training services they need and raise the accountability of states, local areas, and service providers for meeting these needs. The ITA Experiment was conducted between June 1999 and September 2006. It was designed to test different approaches for managing customer choice in the administration of ITAs. States and local offices have a great deal of flexibility in deciding how much guidance to provide to customers in choosing WIA-funded training. The experiment tested three approaches that differed widely in both the resources made available to customers and the involvement of local counselors in guiding customer choice. The three approaches included a highly structured approach (in which customers were steered to the highest-return training options), a moderately guided approach, and a true voucher approach (in which customers were offered a lump sum and allowed to choose any state-approved training). The three approaches were tested through an experiment that randomly assigned new customers to one of the three ITA approaches. The advantages of randomly assigning customers are increased precision and accuracy in the impact estimates. ETA selected six grantees through a competitive process to participate in the evaluation. The experiment was conducted in Chicago, Illinois; Charlotte, North Carolina; Atlanta, Georgia; Phoenix, Arizona; Bridgeport, Connecticut; and Jacksonville, Florida. Intake began in 2001. Findings from the initial evaluation of the ITA Experiment suggested that a longer-term follow-up was necessary in order to reach more definitive conclusions regarding the impacts and cost-effectiveness of the ITA approaches. For most ITA study participants, the initial data collection permitted examination of employment outcomes for 18 months following random assignment. At that time, a substantial number of ITA participants were still in training, so that the ultimate effects of the ITA approaches had not yet been completely realized. This extension of the evaluation examines the longer-term outcomes of ITA study participants, with a second follow-up survey administered between four and seven years after random assignment and with longer-term employment and earnings data, including updated unemployment insurance

(UI)wage records. This request for a second participant follow-up survey includes only minor modifications to the first follow-up survey (OMB 1205-0441). It collects the same critical information that can only be collected using survey data on the employment, training, and earnings experiences of the ITA study participants. The second follow-up survey and additional UI data collection are needed to examine a more extensive employment history for each ITA study participant and update the experimental estimates of net impacts and return-on-investment analyses for the three ITA approaches. To determine the relative long-term impacts of different ITA approaches on training experiences and on labor market outcomes, updated state-administrative data and second follow-up survey data will be used. These data will make it possible to compare the outcomes of the three ITA approaches and evaluate their cost-effectiveness at three to five years after random assignment. These comparisons will be based on the experiences and outcomes of ITA customers, such as participation in education and training, employment and earnings, and participation in government support programs. These comparisons will yield estimates of the relative impacts of different ITA approaches on key outcomes in the long-term. To compare the three ITA approaches, administrative and survey data to compute summary statistics, such as means, separately for each ITA approach will be used. For example, the percentage of ITA customers served by each approach that received training-related services will be computed and compared to how much training they received. This percentage will be compared across approaches to determine whether the different approaches vary in the amount and type of training that customers completed. The evaluation findings can provide local workforce investment boards with guidance on possible modifications to their ITA programs. The goal of the experiment is to determine the relative long-term impacts and cost-effectiveness of different approaches to administering ITAs. The updated data collected from states and the second participant follow-up survey will provide critical information to make those assessments. The planned data collection efforts are therefore essential to evaluating the different ITA approaches tested in the experiment. II. Review Focus Data will be collected from study participants only once. The survey will provide the only source of long-term data for ITA customers at the six grantees on the following outcomes: • Participation in education and training programs; • Job search behavior after random assignment; • Characteristics of post-training jobs; and • Participation in government programs, including UI. Therefore, if this second follow-up survey were not conducted, the evaluation would be unable to assess the impacts of different ITA approaches on these outcomes in the long-term. The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions *Type of Review:* Extension of a currently approved collection with revisions. *Agency:* Employment and Training Administration. *Title:* Extension of the Evaluation of the Individual Training Account Experiment. *OMB Number:* 1205-0441. *Affected Public:* Individuals. *Total Respondents:* 3,366. *Frequency:* One time. *Total Responses:* 3,366. *Average Time per Response:* 30 minutes. *Estimated Total Burden Hours:* 1,680 hours. *Total Burden Cost:* $24,192. Cite/Reference Total respondents Frequency Average time per response (minutes) Burden (hours) ITA Follow-up survey 3,366 One time 30 1,680 Totals 3,366 1,680 The total burden cost represents 30 minutes to complete the survey multiplied by the number of completers (3,366 or 70 percent of the 4,800 sample targeted for the survey) and by an estimated average hourly wage of $14.40 per hour. Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Signed in Washington, DC, this 16th day of July 2008. Thomas M. Dowd, Administrator, Office of Policy Development and Research Employment and Training Administration. [FR Doc. E8-16666 Filed 7-21-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations. DATES: All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before August 21, 2008. ADDRESSES: You may submit your comments, identified by “docket number” on the subject line, by any of the following methods: 1. *Electronic mail: Standards-Petitions@dol.gov.* 2. *Facsimile:* 1-202-693-9441. 3. *Regular Mail:* MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, *Attention:* Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. 4. *Hand-Delivery or Courier:* MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. We will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. Individuals who submit comments by hand-delivery are required to check in at the receptionist desk on the 21st floor. Individuals may inspect copies of the petitions and comments during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Lawrence D. Reynolds, Acting Deputy Director, Office of Standards, Regulations, and Variances at 202-693-9449 (Voice), *reynolds.lawrence@dol.gov* (E-mail), or 202-693-9441 (Telefax), or contact Barbara Barron at 202-693-9447 (Voice), *barron.barbara@dol.gov* (E-mail), or 202-693-9441 (Telefax). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines that:

(1)An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or

(2)that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications. II. Petitions for Modification *Docket Number:* M-2008-033-C. *Petitioner:* Penn View Mining, Inc., 2340 Smith Road, Shelocta, Pennsylvania 15774. *Mine:* TJS #6 Mine, MSHA I.D. No. 36-09464, located in Armstrong County, Pennsylvania. *Regulation Affected:* 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and cords). *Modification Request:* The petitioner requests a modification of the existing standard to permit the cable length to be increased for cable supplying power to two Fletcher Roof Ranger II Roof Bolters. The voltage for these machines is 480-volts, three-phase alternating current. *The petitioner states that:*

(1)The maximum length of the 480-volt trailing cables be increased to 1200 feet when No. 2 American Wire Gauge

(AWG)cable is being used, and the maximum length of the 480-volt trailing cable be 950 feet when No. 4 AWG cable is being used;

(2)the trailing cables for the 480-volt Fletcher Roof Ranger II Roof Bolters will not be smaller than No. 4 AWG cable;

(3)all circuit breakers used to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable exceeding 700 feet in length will have instantaneous trip units calibrated to trip at 500 amperes;

(4)the trip setting for these circuit breakers will be sealed to ensure that the settings on these breakers cannot be changed, and each one will have permanent legible labels identifying the circuit breakers as being suitable for protecting the cables as listed above;

(5)replacement circuit breakers and/or instantaneous trip units used to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable will be calibrated to trip at 500 amperes, and this setting will be sealed;

(6)all components that provide short-circuit protection will have a sufficient interruption rating in accordance with the maximum calculated fault currents available;

(7)during each production day the trailing cables and the circuit breakers will be examined in accordance with all 30 CFR provisions;

(8)permanent labels to warn miners not to change or alter the settings of these devices will be installed and maintained on the load center identifying the location of each short-circuit protective device; and

(9)if the affected trailing cables are damaged in any way during the shift, the cable will be de-energized and repairs will be made. Persons may review a complete description of petitioner's alternative method and procedures at the MSHA address listed in this notice. The petitioner states that the alternative method will not be implemented until all miners designated to operate the Roof Ranger II or any other person designated to examine the trailing cables or trip settings on the circuit breakers have received proper training. *The training for the miners will include the following elements:*

(1)Training in the hazards of setting the short-circuit interrupting device(s) too high to adequately protect the trailing cables;

(2)training on how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained;

(3)training in mining methods and operating procedures for protecting the trailing cables against damage; and

(4)training in the proper procedures for examining the trailing cables to ensure that the cables are in safe operating conditions by a visual inspection of the entire cable, observing the insulation, the integrity of the splices, and nicks and abrasions. The petitioner further states that within 60 days after the Proposed Decision and Order becomes final, the proposed revisions for its approved 30 CFR part 48 training plan will be submitted to the District Manager. These proposed revisions will specify task training for miners designated to examine the trailing cables for safe operating conditions, and verify that the short-circuit settings of the circuit interrupting device(s) that protect the affecting trailing cables do not exceed the specified setting(s). The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard with no diminution of safety to the miners. *Docket Number:* M-2008-034-C. *Petitioner:* Rosebud Mining Company, 301 Market Street, Kittanning, Pennsylvania 16201. *Mines:* Beaver Valley Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania; Clementine Mine, MSHA I.D. No. 36-08862 and Logansport Mine, MSHA I.D. No. 36-08841, located in Armstrong County, Pennsylvania; Little Toby Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Lowry Mine, MSHA I.D. No. 36-09287 and Toms Run Mine, MSHA I.D. No. 36-08525, located in Indiana County, Pennsylvania; Mine 78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania; Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County, Pennsylvania; and Tusky Mine, MSHA I.D. No. 33-04509, located in Tuscarawas County, Ohio. *Regulation Affected:* 30 CFR 75.1100-2(e)(2) (Quantity and location of firefighting equipment). *Modification Request:* The petitioner requests a modification of the existing standard to permit an alternate method of compliance with the firefighting equipment requirement at temporary electrical installations. The petitioner proposes to supply two fire extinguishers or one fire extinguisher of twice the required capacity at all temporary electrical installations in lieu of 240 pounds of rock dust. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard with no diminution of safety to the miners. *Docket Number:* M-2008-035-C. *Petitioner:* Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444. *Mine:* No. 4 Mine, MSHA I.D. No. 01-01247 and No. 7 Mine, MSHA I.D. No. 01-01401, both located in Tuscaloosa County, Alabama. *Regulation Affected:* 30 CFR 50.30 (Preparation and submission of MSHA Form 7000-2—Quarterly Employment and Coal Production Report). *Modification Request:* The petitioner requests a modification of the existing standard to permit MSHA Form 7000-2 to be completed and submitted within 60 days after the end of each calendar quarter. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by the standard. *Docket Number:* M-2008-036-C. *Petitioner:* AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 15650. *Mine:* Gillhouser Run Mine, MSHA I.D. No. 36-09033, located in Indiana County, Pennsylvania. *Regulation Affected:* 30 CFR 75.500(d) (Permissible electric equipment). *Modification Request:* The petitioner requests a modification of the existing standard to permit an alternative method to use low-voltage or battery-powered non-permissible electronic surveying equipment in or inby the last open crosscut, or within 150 feet of pillar workings under controlled conditions for surveying and mapping of the working section, and for final surveying in the return areas of the mine. The petitioner seeks modification of 30 CFR 75.500(d) and any other applicable standards as they pertain to restricting the use of non-permissible or non-intrinsically safe electrical testing and diagnostic equipment used by maintenance personnel for trouble shooting and repair of mining equipment commonly used and accepted which may include, but is not limited to: Low-voltage or battery-powered non-permissible electronic surveying equipment, portable battery operated hand drills, portable battery operated mine transits, electronic distance meters, and other equipment that may have to be used including but not limited to tools such as laptop computers. *The petitioner states that:*

(1)Application of the existing standard will result in a diminution of safety to the miners;

(2)mining equipment by its nature, size, complexity of mine plans, and relative closeness to other abandoned mines requires that accurate and precise measurements be completed in a prompt and efficient manner;

(3)all non-permissible electronic surveying equipment used in or inby the last open crosscut shall be examined prior to use to ensure that the equipment is being maintained in safe operating conditions;

(4)the equipment will be examined at intervals not to exceed 7 days by a qualified person as defined in 30 CFR 75.153;

(5)examination results will be recorded in the weekly examination of electrical equipment book;

(6)a qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of non-permissible electronic test and diagnostic equipment in or inby the last open crosscut, in return areas, or within 150 feet of pillar workings;

(7)if 1.0 percent or more of methane is detected, non-permissible electronic surveying equipment will be de-energized immediately and will be withdrawn outby the last open crosscut to intake air, or to a minimum of 150 feet outby the pillar workings;

(8)all hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined under 30 CFR 75.320;

(9)qualified personnel engaged in the use of electronic surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of such equipment; and

(10)all electronic surveying equipment will be used in accordance with the manufacturer's recommended safe use procedures. Persons may review a complete description of petitioner's alternative method and procedures at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard. *Docket Number:* M-2008-037-C. *Petitioner:* AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 15650. *Mine:* Madison Mine, MSHA I.D. No. 36-09127, located in Cambria County, Pennsylvania. *Regulation Affected:* 30 CFR 75.500(d) (Permissible electric equipment). *Modification Request:* The petitioner requests a modification of the existing standard to permit an alternative method to use low-voltage or battery-powered non-permissible electronic surveying equipment in or inby the last open crosscut, or within 150 feet of pillar workings under controlled conditions for surveying and mapping of the working section, and for final surveying in the return areas of the mine. The petitioner seeks modification of 30 CFR 75.500(d) and any other applicable standards as they pertain to restricting the use of non-permissible or non-intrinsically safe electrical testing and diagnostic equipment used by maintenance personnel for trouble shooting and repair of mining equipment commonly used and accepted which may include, but is not limited to: Low-voltage or battery-powered non-permissible electronic surveying equipment, portable battery operated hand drills, portable battery operated mine transits, electronic distance meters, and other equipment that may have to be used including but not limited to tools such as laptop computers. *The petitioner states that:*

(1)Application of the existing standard will result in a diminution of safety to the miners;

(4)the equipment will be examined at intervals not to exceed 7 days by a qualified person as defined in 30 CFR 75.153;

(5)examination results will be recorded in the weekly examination of electrical equipment book;

(8)all hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined under 30 CFR 75.320;

(9)qualified personnel engaged in the use of electronic surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of such equipment; and

(10)all electronic surveying equipment will be used in accordance with the manufacturer's recommended safe use procedures. Persons may review a complete description of petitioner's alternative method and procedures at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by such standard. *Docket Number:* M-2008-038-C. *Petitioner:* AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 15650. *Mine:* Nolo Mine, MSHA I.D. No. 36-08850, located in Indiana County, Pennsylvania. *Regulation Affected:* 30 CFR 75.500(d) (Permissible electric equipment). *Modification Request:* The petitioner requests a modification of the existing standard to permit an alternative method to use low-voltage or battery-powered non-permissible electronic surveying equipment in or inby the last open crosscut, or within 150 feet of pillar workings under controlled conditions for surveying and mapping of the working section, and for final surveying in the return areas of the mine. The petitioner seeks modification of 30 CFR 75.500(d) and any other applicable standards as they pertain to restricting the use of non-permissible or non-intrinsically safe electrical testing and diagnostic equipment used by maintenance personnel for troubleshooting and repair of mining equipment commonly used and accepted which may include, but is not limited to: Low-voltage or battery-powered non-permissible electronic surveying equipment, portable battery operated hand drills, portable battery operated mine transits, electronic distance meters, and other equipment that may have to be used including but not limited to tools such as laptop computers. *The petitioner states that:*

(1)Application of the existing standard will result in a diminution of safety to the miners;

(2)mining equipment by its nature, size, complexity of mine plans, and relative closeness to other abandoned mines require that accurate and precise measurements be completed in a prompt and efficient manner;

(4)the equipment will be examined at intervals not to exceed 7 days by a qualified person as defined in 30 CFR 75.153;

(5)examination results will be recorded in the weekly examination of electrical equipment book;

(8)all hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined under 30 CFR 75.320;

(9)qualified personnel engaged in the use of electronic surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of such equipment; and

(MCC)is publishing a summary and the complete text of the Millennium Challenge Compact between the United States of America, acting through the Millennium Challenge Corporation, and the Government of Burkina Faso. Representatives of the United States Government and the Government of Burkina Faso executed the Compact documents on July 14, 2008. Dated: July 17, 2008. William G. Anderson Jr., Vice President & General Counsel, Millennium Challenge Corporation. Summary of Millennium Challenge Compact With the Government of Burkina Faso A. Introduction Burkina Faso is a landlocked country in Africa's Sahel region, bordering Benin, Cote d'Ivoire, Ghana, Mali, Niger, and Togo, with a population of approximately 15.26 million people. It is one of the poorest countries in the world, ranking 176 out of 177 countries as surveyed by the United Nations Development Program's 2007 Human Development Index. In an effort to address constraints to investment, Burkina Faso has undertaken several broad macroeconomic reforms since the mid-1990s, including market-oriented reforms, decentralization of power from the central government to local governments, adoption of a new labor code, and business climate improvements. In light of these efforts, in 2007, the International Finance Corporation named Burkina Faso one of the top reformers in West Africa. In January 2008, Burkina Faso began a two-year term on the United Nations Security Council. Despite these reforms, recognitions, and moderate economic gains, Burkina Faso continues to face severe constraints to growth and poverty reduction. B. Program Overview, Budget, and Impact Constraints are particularly acute in rural areas. Agricultural activities involve 85 percent of the country's active population and contribute to approximately 36 percent of GDP and 88 percent of export earnings. Rural populations in Burkina Faso currently lack access to basic inputs needed to improve agricultural and livestock productivity, including secure land, skilled labor, adequate water resources, sufficient volumes of credit, and adequate access to markets. To address these constraints, the government of Burkina Faso (“GoBF”) has proposed a US$480,943,569, five-year Millennium Challenge Compact (“Compact”) that will consist of four interdependent projects: • Rural Land Governance Project—designed to increase investment in land and rural productivity through improved land tenure security and land management; • Agriculture Development Project—designed to expand the productive use of land in order to increase the volume and value of agricultural production in project zones; • Roads Project—designed to enhance access to markets through investments in the road network; and • BRIGHT 2 Schools Project—designed to increase primary school completion rates for girls (each of the four projects is referred to herein as a “Project”). Table 1 below sets forth the Compact program (“Program”) budget at the Project level. Table 1.—Program Budget by Project [US$ millions] Component CIF * Year 1 Year 2 Year 3 Year 4 Year 5 Total Rural Land Governance Project 1.10 7.21 13.00 15.60 14.08 8.94 59.93 Agriculture Development Project 4.77 17.91 40.95 44.03 25.28 8.97 141.91 Roads Project 0.34 3.05 32.97 93.23 58.60 5.94 194.13 Bright 2 Schools Project 3.00 25.83 28.83 Monitoring & Evaluation 0.45 1.72 1.21 1.46 1.36 1.68 7.88 Program Administration and Oversight 6.44 7.95 8.17 8.87 8.45 8.38 48.26 Total MCC Funding $16.10 $63.67 $96.30 $163.19 $107.77 $33.91 $480.94 * Compact Implementation Funds

(CIF)refer to funding available before the entry-into-force of the Compact. Important synergies exist among the four Projects. The Agriculture Development Project will alleviate the constraint of poor water availability with investments in irrigation infrastructure and water management. This Project also will increase the availability of rural credit and provide technical assistance to farmers' groups and individual households, improving their ability to produce higher-value agricultural and livestock products. Complementary Rural Land Governance activities will secure land in the Agricultural Development Project areas and other areas, reducing economic losses due to land conflict or risk of conflict and encouraging productive investment in land. The Roads Project will rehabilitate rural and primary roads near the production zones, increasing opportunities for farmers to sell agricultural products and livestock, as well as to buy the necessary inputs. Finally, the BRIGHT 2 Schools Project will improve girls' literacy and numeracy skills, which will improve capacity for productive employment opportunities in the longer term. 1. Rural Land Governance Project ($59.93 million) The Rural Land Governance Project will assist the GoBF to fulfill its commitment to achieve a new rural land tenure framework by addressing the three constraints to rural economic activity, as identified by the GoBF through a consultative process:

(a)Difficult access to formal land use rights;

(b)unclear land rights leading to endemic and sometimes violent conflict; and

(c)poor use of land resources resulting in land degradation. A new rural land law is expected to be adopted prior to entry into force of the Compact, and will be based on the existing, stakeholder-driven 2007 rural land policy. The Project also will support the GoBF's implementation of the 2004 decentralization law that authorizes transfer of key aspects of land governance to municipal governments. The Project consists of the following three mutually reinforcing activities:

(a)Legal and Procedural Change and Communication to support the GoBF's effort to develop and implement improved rural land legislation and to develop, revise and implement other legal and procedural frameworks;

(b)Institutional Development and Capacity Building which, in conjunction with the previous activity, is expected to improve institutional capacity to deliver land services in rural areas; and

(c)Site-Specific Land Tenure Interventions to ensure that the previous two activities yield their intended benefits across municipalities and in targeted agricultural development zones. Most of the Project's site specific interventions will be scalable through a phased approach, thus enabling the expected returns on an initial share of the investments to be tested before the Project is expanded. Phase one will target 17 municipalities with a complete package of technical assistance and infrastructure construction, and a set of up-front investments that are not municipality-specific. The decision to move forward with phase two will be subject to the Project's satisfactory performance on specific economic, legal and policy indicators. Phase two will include the balance of the Compact's term and target up to 30 additional municipalities for technical assistance and infrastructure, and expand investments associated with other sub-activities. 2. Agriculture Development Project ($141.91 million) The Agriculture Development Project is designed to address core constraints typical of rural Burkina Faso:

(a)Poor water resource availability and management;

(b)weak beneficiary capacity;

(c)lack of access to pricing information, markets, and inputs; and

(d)lack of access to credit. This Project has synergies with MCC's other investments in rural land governance and roads infrastructure. Improvements in the road network will reduce constraints that producers face in terms of isolation from markets and high transport costs, while investments in land tenure security will be an important factor in motivating producers to invest time and capital in their operations. The Project consists of the following three activities:

(a)Water Management and Irrigation to ensure adequate water availability, water delivery, flood control, and dam safety to support and protect investments in the Sourou Valley and to ensure better water resource management in the Comoé Basin;

(b)Diversified Agriculture to build on the delivery of water in the Project zones by supporting on-farm production and related activities throughout the agricultural value chain; and

(c)Access to Rural Finance to increase medium- and long-term credit in the four western regions of Sud-Ouest, Hauts Bassins, Cascades, and Boucle du Mouhoun. 3. Roads Project ($194.13 million) Burkina Faso's Poverty Reduction Strategy Paper identifies infrastructure development as a critical priority for increased economic growth. For a landlocked country, the road transport network is an important asset for economic development to facilitate trade and communications with regional and international markets and to improve local connectivity of farms to markets. Road network investments also improve access to social services in rural communities, such as those in western Burkina Faso, which currently are underserved due to an inadequate transport system. The Project is designed to

(a)improve access to agricultural markets by upgrading primary and rural road segments serving the Sourou Valley and the Comoé Basin;

(b)reduce travel time to markets and vehicle operating costs; and

(c)ensure sustainability of the road network by strengthening road maintenance. Benefits are expected to result primarily from increasing the year-round accessibility to markets of agriculturally productive regions that are typically cut off during the rainy season. The Project consists of the following four activities:

(a)Development of Primary Roads to support the improvements of three primary road segments in western Burkina Faso currently projected to total 271 kilometers;

(b)Development of Rural Roads to support the improvement of 151 kilometers of road segments located in three rural areas in the Comoé Basin of southwestern Burkina Faso. These roads currently exist as rural tracks and improvements will include upgrading to a fully engineered rural road standard;

(c)Capacity Building and Technical Assistance to reinforce the effectiveness of existing government agencies and private sector institutions involved in road maintenance planning and implementation; and

(d)Incentive Matching Fund for Periodic Road Maintenance to set the GoBF on a path toward long-term, sustainable funding of periodic, or major, maintenance on the full road network in Burkina Faso. 4. Bright 2 Schools Project ($28.83 million) The BRIGHT 2 Schools Project extends the successful threshold program that focused on improving primary school completion rates for girls. The Project will consist of two phases. Phase one, scheduled for September 2008 to December 2009, will be an interim phase to provide temporary classroom solutions, maintain community interest at the Project schools, and prepare for the construction phase. Phase two, scheduled from the date the Compact enters into force and for the three consecutive years thereafter, will consist of construction work and other activities. The Project includes the construction of:

(a)Up to 50 additional boreholes;

(b)an additional classroom block of three classrooms for grades 4-6 at each of the 132 locations (for a total of 396 additional classrooms); and

(c)of 122 *bisongos* (kindergartens), including playground and equipment. The Project will also provide daily meals (take-home rations) during all nine months of the school year for the approximately 100 children estimated to be enrolled at each of the 132 *bisongos* (including ten *bisongos* financed under the threshold program), and will fund a social mobilization campaign and an adult literacy/management of micro-projects activity. The BRIGHT 2 Schools Project will be administered by the United States Agency for International Development (USAID) pursuant to an interagency agreement under Section 632(b) of the Foreign Assistance Act of 1961, as amended. MCC funds will cover direct and indirect costs incurred by USAID for the implementation of this Project. C. Program Management The GoBF, by a decree of the Council of Ministers dated April 18, 2008, established MCA-Burkina Faso to serve as the accountable entity for implementation of the Compact. MCA-Burkina Faso will be administered and managed by an independent board of directors (“Board”) that will make strategic decisions and provide oversight. The Board will be comprised of eleven voting members, including six government officials. The Board also will benefit from the participation of a stakeholders committee consisting of up to 28 members including government officials, and representatives from the private sector and civil society. In addition to the Board, a management unit, led by a national coordinator, will manage the day-to-day activities of MCA-Burkina Faso and will be supported by key officers, technical staff, and administrative personnel. MCA-Burkina Faso will engage line ministries and public institutions to serve as implementing entities. However, as the accountable entity, MCA-Burkina Faso will remain responsible for the successful implementation of the Compact. In addition, the GoBF has appointed, through competitive processes approved by MCC, third-party fiscal and procurement agents. As a government entity, MCA-Burkina Faso will be subject to GoBF audit requirements as well as audits required by the Compact. D. Assessment 1. Economic and Beneficiary Analysis Many of the Compact investments are focused in the Boucle de Mouhoun region, the third poorest of Burkina Faso's 13 regions. Approximately 80 percent of the region's 1.4 million people live on less than $1 per day. A smaller number of investments will be made in the Comoé region with an estimated population of 490,000. The table below summarizes the economic and beneficiary analysis for each Project. Table 2.—Projected Beneficiaries and Economic Rates of Return Project Beneficiaries ERR Description Rural Land Governance Up to 415,200 households, comprising up to 2,490,000 individuals, from 47 of Burkina Faso's 302 rural communes will have access to local land registration and titling services, including up to 138,000 individuals who will benefit from up to 23,000 land titles expected to be delivered TBD (based on assessment of pilot investment) The project is predicated on the benefits of reducing land conflict. This assumption will be tested during a pilot phase and will inform an ERR-based decision on scaling up the project. Agricultural Development Up to 150,000 farmers, herders, members of producers groups and other traders, many of whom currently live on less than $2 per day, will benefit from improved agricultural and livestock production conditions, better water managements, and improved access to credit 7% ERRs for the irrigation works are especially sensitive to crop prices. To be conservative, MCC used a composite of historical averages for key crops instead of current prices. Today's prices would result in a higher overall Project ERR. Roads A portion of the 2.4 million inhabitants of the nine provinces surrounding the primary roads and up to 65,000 inhabitants of the 30 villages serviced by rural roads. Many of these beneficiaries are likely to be farmers buying and selling agricultural produce 2% In spite of low ERRs for the three primary roads, these are critical links to MCC-funded agricultural zones, allowing producers better access to markets, health and education facilities, and facilitating trade with neighboring countries. BRIGHT 2 Schools Up to 19,800 children, including 9,900 girls Not applicable This project is an extension of a successful threshold program and will be administered by USAID. As such, it was not subjected to MCC due diligence standards, including ERR calculations. In addition to the beneficiaries identified above, national-level benefits are expected to result from the new land law associated with the Rural Land Governance Project and from the Roads Project's support of systemic improvements in the GoBF's long-term road maintenance strategy. Because the Projects are overlapping and there are synergies among projects, numerous individuals will benefit from more than one project. Drawing on lessons learned from previous Compacts, the cost estimates for Burkina Faso's large-scale infrastructure projects are conservative. For the Roads Project, base costs were derived from full feasibility-level studies and then doubled during due diligence, as MCC accounted for contingencies, environmental and social costs, and the higher costs of construction in a landlocked West Africa country. On the benefit side, MCC has generally not included benefits that cannot be quantified, a particular problem in a data-poor environment like Burkina Faso. In evaluating the Roads Project investment, MCC took into account the linkages between MCC-funded agricultural investments and markets, both national and regional. In particular, one road segment in the Boucle de Mouhoun region provides a critical link to the Mali border and is likely to reduce travel times and costs between Bamako and Ouagadougou. Another road segment in the Comoé Region provides an important link to Banfora, a regional market town that is frequented by traders from Ivory Coast and Ghana, which is likely to facilitate trade opportunities for local farmers. 2. Consultative Process In connection with the proposal submitted to MCC, the GoBF conducted a robust consultative process in May and June of 2006, building on the success and lessons learned from the process used to prepare its Poverty Reduction Strategy Paper. The GoBF also engaged the media to inform the public about the proposal for MCA assistance with a series of press releases, television interviews and press conferences. Consultations took place in all thirteen regions of the country and included representatives of civil society, the private sector, traditional authorities, farmers' and women's groups and local GoBF officials. Of the 3,115 participants, 87 percent came from civil society, and 18 percent were women. Overwhelmingly, input focused on improving the rural economy including ways to secure land tenure, intensify and modernize agricultural production, and improve the road network. Following the consultations, the GoBF distributed a summary document to partners in civil society and the donor community that resulted, after further revisions, in the proposal for funding submitted to MCC in October 2006. The Compact is designed specifically to address the core constraints to economic growth identified during the consultative process. 3. GoBF Commitment and Contribution to Development of the Compact The GoBF has demonstrated substantial commitment to the Compact development process since becoming eligible for MCA assistance in November 2005. In February 2006, the GoBF carefully followed MCC guidance and established a full-time compact development unit at an operational cost of $3.11 million. It financed an extensive consultation process throughout the country's 13 regions, at a total cost of $0.33 million, and commissioned a $2.36 million set of feasibility studies for the Roads Project. In setting up the accountable entity, the GoBF hired a recruitment firm to undertake the recruitment process for the key directors, at a cost of $64,000. The estimated monetary value of these contributions together is $5.86 million. For a country with a 2006 GNI per capita of $460, this contribution demonstrates the high national priority placed on the successful negotiation and implementation of this Compact. GoBF also has demonstrated its commitment through its effort to maintain eligibility on MCC indicators, and through its decision to establish the accountable entity under the auspices of the Office of the Prime Minister. In addition, the GoBF has committed to funding access roads and health infrastructure in the Sourou Valley agricultural zone as a complementary investment to MCC-financed activities. 4. Sustainability

(a)Rural Land Governance Project. The foundation of this Project is a reformed legal, policy and procedural framework for land tenure, which will ensure an enabling environment for sustainability of the MCC investment. All site-specific sub-activities will be based on new legal frameworks, ensuring their support in law. Most of the Project's site-specific interventions will be scalable through the phased approach, thus enabling the expected returns on an initial share of the investment to be tested before the Project is expanded. By requiring that phase two be based on demonstrated performance, the Project design stands as an innovative approach to ensuring results and investment sustainability. All training and equipment investments, particularly those associated with strengthening regional and provincial registration and mapping services, will be designed specifically for the Burkina Faso context.

(b)Agriculture Development Project. The overall sustainability of the Project lies with:

(i)The strengthened capacity of the *Direction Générale des Ressources en Eau* (“DGRE”) to better manage and maintain water storage in the Sourou reservoir;

(ii)the strengthened capacity of the *Autorité de Mise en Valeur du Sourou* (“AMVS”) within the Ministry of Agriculture, through its operation and maintenance contractors to provide a reliable supply of water to farmers as specified in the by-laws of the project ( *Cahier de Charges* );

(iii)the capacity of beneficiaries, through their water user associations (“WUA”) to pay for operations and maintenance to ensure the provision of irrigation water;

(iv)the establishment of an operations and maintenance fund managed and overseen by AMVS and the WUAs; and

(v)the GoBF to ensure that the *Cahier de Charges* is respected by the parties to it. Disbursement of MCC funding will depend on the GoBF strengthening capacity to MCC's satisfaction.

(c)Roads Project. Road maintenance is crucial for the long-term functioning of the Roads Project investment. The continuation of efforts to mobilize resources for road maintenance is essential to ensure sustainability of the road investments. The provision by MCC of matching funds to annual increases in GoBF spending on periodic (major) maintenance is an innovative mechanism to ensure roads are adequately maintained and an adequate long-term road maintenance system is in place.

(d)BRIGHT 2 Schools Project. The sustainability of MCC investments in this Project is contingent upon the GoBF providing trained teachers and school books for 396 classrooms. The GoBF has committed to providing these teachers and books and met similar requirements during the threshold phase. In addition, the GoBF will be obligated to nominate a BRIGHT 2 Schools Project coordinator and coordination team, and to provide an annual budget allocation to the Ministry of Basic Education and Literacy for teacher salaries and other recurrent costs for the existing 132 BRIGHT schools (including classrooms and other facilities funded under the BRIGHT 2 Schools Project). 5. Environment and Social Impacts MCC will require that all Projects comply with national laws and regulations, MCC's environmental guidelines and gender policy, and the World Bank's Operational Policy on Involuntary Resettlement (“OP 4.12”). None of the Projects is likely to generate significant adverse environmental, health, or safety impacts, and all expected impacts can be mitigated. The environmental and social sustainability of the Compact will be enhanced through oversight, ongoing public consultation, and institutional capacity building. The Rural Land Governance Project is classified as Category B under MCC's environmental guidelines due to potential site-specific environmental and social impacts anticipated to result from the construction of municipal buildings and field-level activities clarifying local land uses and land rights. While these impacts are not anticipated to be significant in nature, they will require mitigation through implementation of measures identified in an Environmental and Social Management Framework. Resettlement Action Plans (“RAPs”) also will be developed to adequately plan for and mitigate the resettlement impacts at building sites. The Agriculture Development Project is classified as Category A under MCC's environmental guidelines due to large-scale agriculture development activities involving intensification or conversion of natural habitats, with potential for significant impacts on sensitive locations as well as the potential for increased use of pesticides and increased surface water pollution. Given the potential for these significant social and environmental impacts, detailed assessments and mitigation plans will be required, including an environmental impact assessment (“EIA”) and RAP for the water management and irrigation activities, and EIAs for the agricultural activities. The Roads Project is classified as Category B under MCC's environmental guidelines as the potential environmental and social impacts related to upgrading and rehabilitating existing roads and supporting road maintenance are likely to be site-specific and mitigable. As a result, EIAs will be completed for each set of roads to be rehabilitated or upgraded, and each EIA will include gender analysis, environmental management plans and HIV/AIDS prevention plans. For the BRIGHT 2 Schools Project, MCC and USAID have agreed that USAID Regulation 216 will be followed in lieu of MCC's Environmental Guidelines and Gender Policy. 6. Donor, Multilateral, and Interagency Coordination MCC has consulted extensively on each of the proposed Projects with the major donors in Burkina Faso, including, the World Bank, the European Union (“EU”), the French Development Agency ( *Agence Française de Développement,* or “AFD”), the Danish International Development Agency (“DANIDA”), the German Agency for Technical Cooperation ( *Deutsche Gesellschaft für Technische Zusammenarbeit GmbH,* or “GTZ”), the Austrian Development Corporation, the Luxembourg Agency for Development Cooperation, the International Fund for Agricultural Development (“IFAD”), the International Finance Corporation (“IFC”), the African Development Bank (“AfDB”), the United Nations Food and Agriculture Organization (“FAO”), the Swedish International Development Agency (“SIDA”), the United Nations Development Program (“UNDP”), and USAID. In several cases, MCC-funded activities complement or directly build on initiatives by other donors. For example, as part of the Agriculture Development Project, the market information system will continue work begun under a USAID project, and the improvements to district markets will draw on the experience of the Swiss Development Agency. Synergies will also be gained in the implementation of the Access to Rural Finance activity through close coordination with the IFC's micro-, small- and medium-sized enterprise credit program, the World Bank's *Projet d'Appui aux Filières Agro-Sylvo-Pastoral* Project (“PAFASP”), and the World Bank and EU-funded *Maison de l'Enterprise* which provides business support services. In addition, technical assistance under the Roads Project has been structured to complement ongoing technical assistance programs, to build on the World Bank's assistance that resulted in the establishment of the Road Fund, and to strengthen work initiated by the AfDB and the EU on road maintenance. Design of the Incentive Matching Fund for Periodic Maintenance (“IMFP”), in particular, was developed in collaboration with the World Bank and the EU. Finally, the BRIGHT 2 Schools Project, to be administered by USAID, is a model of interagency coordination and the first time MCC and USAID have partnered directly in connection with the implementation of a compact-funded project. Millennium Challenge Compact Between the United States of America Acting Through the Millennium Challenge Corporation and the Government of Burkina Faso Table of Contents Article 1. Goal and Objectives Section 1.1 Compact Goal Section 1.2 Project Objectives Article 2. Funding and Resources Section 2.1 Program Funding Section 2.2 Compact Implementation Funding Section 2.3 MCC Funding Section 2.4 Disbursement Section 2.5 Interest Section 2.6 Government Resources; Budget Section 2.7 Limitations on the Use of MCC Funding Section 2.8 Taxes Article 3. Implementation Section 3.1 Program Implementation Agreement Section 3.2 Government Responsibilities Section 3.3 Policy Performance Section 3.4 Government Assurances Section 3.5 Implementation Letters Section 3.6 Procurement Section 3.7 Records; Accounting; Covered Providers; Access Section 3.8 Audits; Reviews Article 4. Communications Section 4.1 Communications Section 4.2 Representatives Section 4.3 Signatures Article 5. Termination; Suspension; Refunds Section 5.1 Termination; Suspension Section 5.2 Refunds; Violation Section 5.3 Survival Article 6. Compact Annexes; Amendments; Governing Law Section 6.1 Annexes Section 6.2 Amendments Section 6.3 Inconsistencies Section 6.4 Governing Law Section 6.5 Additional Instruments Section 6.6 References to MCC Web site Section 6.7 References to Laws, Regulations, Policies and Guidelines Section 6.8 MCC Status Article 7. Entry Into Force Section 7.1 Domestic Requirements Section 7.2 Conditions Precedent to Entry into Force Section 7.3 Date of Entry into Force Section 7.4 Compact Term Section 7.5 Provisional Application Annex I: Program Description Annex II: Summary of the Multi-Year Financial Plan Annex III: Description of the Monitoring and Evaluation Plan Annex IV: Conditions to CIF Disbursement Millennium Challenge Compact Preamble This Millennium Challenge Compact (this “ *Compact* ”) is between the United States of America, acting through the Millennium Challenge Corporation, a United States government corporation (“ *MCC* ”), and the Government of Burkina Faso (the “ *Government* ”) (individually, each of MCC and the Government, a “ *Party* ,” and collectively, the “ *Parties* ”). Recalling that the Government consulted with the private sector and civil society of Burkina Faso to determine the priorities for the use of Millennium Challenge Account assistance and developed and submitted to MCC a proposal for such assistance; and Recognizing that MCC wishes to help Burkina Faso implement a program to achieve the Compact Goal and Project Objectives described herein (the “ *Program* ”), The Parties hereby agree as follows: Article 1. Goal and Objectives Section 1.1 Compact Goal The goal of this Compact is to reduce poverty in Burkina Faso through economic growth (the “ *Compact Goal* ”). Section 1.2 Project Objective The objectives of the Projects (as further described in Annex I) (each, a “ *Project Objective* ”) are:

(a)To increase investment in land and rural productivity through improved land tenure security and land management;

(b)To expand the productive use of land in order to increase the volume and value of agricultural production in Project zones;

(c)To enhance access to markets through investments in the road network; and

(d)To increase primary school completion rates for girls. Article 2. Funding and Resources Section 2.1 Program Funding MCC hereby grants to the Government, under the terms of this Compact, an amount not to exceed Four Hundred Sixty-Four Million Eight Hundred Forty-Two Thousand Five Hundred and Four United States Dollars (US$464,842,504) (“ *Program Funding* ”) for use by the Government to implement the Program. The allocation of Program Funding uses is generally described in Annex II to this Compact. Section 2.2 Compact Implementation Funding

(a)MCC hereby grants to the Government, under the terms of this Compact, in addition to the Program Funding described in Section 2.1, an amount not to exceed Sixteen Million One Hundred One Thousand and Sixty-Five United States Dollars (US$16,101,065) (“ *Compact Implementation Funding* ” or “ *CIF* ”) under Section 609(g) of the Millennium Challenge Act of 2003, as amended (the “ *MCA Act* ”), for use by the Government for the following purposes:

(i)Feasibility and design studies, strategic environmental (and social) assessments, environmental impact assessments, environmental assessments, environmental management plans and resettlement action plans for projects and activities included in the Program;

(ii)Financial management and procurement activities;

(iii)Monitoring and evaluation activities;

(iv)Administration activities, including salaries, benefits, and administrative support expenses such as rent, information technology, and other capital expenditures; and

(v)Other Compact implementation activities approved by MCC. The allocation of Compact Implementation Funding uses is generally described in Annex II to this Compact.

(b)Notwithstanding the provisions of Section 7.3 of this Compact, this Section 2.2, together with any other provisions of this Compact applicable to Compact Implementation Funding, shall be effective as of the date this Compact is signed by MCC and the Government.

(c)Each Disbursement of Compact Implementation Funding shall be subject to satisfaction of the conditions to such Disbursement as set forth in Annex IV.

(d)If MCC determines that the full amount of Compact Implementation Funding under Section 2.2(a) of this Compact exceeds the amount which reasonably can be utilized for the purposes and uses set forth in Section 2.2(a) of this Compact within one year after this Compact enters into force, MCC, by written notice to the Government, may withdraw the excess amount, thereby reducing the amount of the Compact Implementation Funding as set forth in Section 2.2(a) (such excess, the “ *Excess CIF Amount* ”). In such event, the amount of Compact Implementation Funding granted to the Government under Section 2.2(a) will be reduced by the Excess CIF Amount, and MCC will have no further obligations with respect to such Excess CIF Amount.

(e)MCC, at MCC's option by written notice to the Government, may elect to grant to the Government an amount equal to all or a portion of such Excess CIF Amount as an increase in the Program Funding, and such additional Program Funding will be subject to the terms and conditions of this Compact applicable to Program Funding. Section 2.3 MCC Funding Program Funding and Compact Implementation Funding are collectively referred to in this Compact as “MCC Funding.” Section 2.4 Disbursement In accordance with this Compact and the Program Implementation Agreement, MCC will disburse MCC Funding for expenditures incurred in furtherance of the Program (each instance, a “ *Disbursement* ”). Subject to the satisfaction of all applicable conditions, the proceeds of such Disbursements will be made available to the Government, at MCC's sole election, by

(a)deposit to one or more bank accounts established by the Government and acceptable to MCC (each, a “ *Permitted Account* ”), or

(b)direct payment to the relevant provider of goods, works or services in connection with the implementation of the Program. MCC Funding may be expended only to cover Program expenditures as provided in this Compact and the Program Implementation Agreement. Section 2.5 Interest The Government will pay to MCC any interest or other earnings that accrue on MCC Funding in accordance with the Program Implementation Agreement (whether by directing such payments to a bank account outside Burkina Faso that MCC may from time to time indicate or as otherwise directed by MCC). Section 2.6 Government Resources; Budget

(a)The Government will provide all funds and other resources, and will take all actions, that are necessary to carry out the Government's responsibilities and obligations under this Compact.

(b)The Government will use its best efforts to ensure that all MCC Funding it receives or is projected to receive in each of its fiscal years is fully accounted for in its annual budget on a multi-year basis.

(c)The Government will not reduce the normal and expected resources that it would otherwise receive or budget from sources other than MCC for the activities contemplated under this Compact and the Program.

(d)Unless the Government discloses otherwise to MCC in writing, MCC Funding will be in addition to the resources that the Government would otherwise receive or budget for the activities contemplated under this Compact and the Program. Section 2.7 Limitations on the Use of MCC Funding The Government will ensure that MCC Funding will not be used for any purpose that would violate United States law or policy, as specified in this Compact or as further notified to the Government in writing or by posting from time to time on the MCC Web site at *www.mcc.gov* (the “ *MCC Web site* ”), including but not limited to the following purposes:

(a)For assistance to, or training of, the military, police, militia, national guard or other quasi-military organization or unit;

(b)For any activity that is likely to cause a substantial loss of United States jobs or a substantial displacement of United States production;

(c)To undertake, fund or otherwise support any activity that is likely to cause a significant environmental, health, or safety hazard, as further described in MCC's Environmental Guidelines posted from time to time on the MCC Web site (the “ *MCC Environmental Guidelines* ”); or

(d)To pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions, to pay for the performance of involuntary sterilizations as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations or to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. Section 2.8 Taxes

(a)Unless the Parties otherwise specifically agree in writing, and subject to the provisions of Sections 2.8(b)(ii) and

(iii)and 2.8(c), the Government will ensure that each of the following is free from the payment of any existing or future taxes, duties, levies, contributions or other similar charges (“ *Taxes* ”) of or in Burkina Faso (including any such Taxes imposed by a national, regional, local or other governmental or taxing authority of or in Burkina Faso):

(i)The Program;

(ii)MCC Funding;

(iii)interest or earnings on MCC Funding;

(iv)any Project or activity implemented under the Program;

(v)the Accountable Entity (as defined below);

(vi)goods, works, services, technology and other assets and activities under the Program or any Project;

(vii)persons and entities that provide such goods, works, services, technology and assets or perform such activities; and

(viii)income, profits and payments with respect thereto. The Parties acknowledge and agree that the foregoing includes, *inter alia* , value added and other transfer taxes, profit and income taxes, property and *ad valorem* taxes, import and export duties and taxes (including for goods imported and re-exported for personal use), withholding taxes, payroll taxes, and social security and social insurance contributions.

(b)The Government and MCC may, at MCC's discretion, enter into one or more agreements setting forth the mechanisms for implementing this Section 2.8, including, but not limited to

(i)waivers of certain filing and compliance requirements relating to Taxes;

(ii)an agreement on exceptions to Section 2.8(a) above for fees or charges for services that are generally applicable in Burkina Faso, reasonable in amount and imposed on a non-discriminatory basis; and

(iii)one or more mechanisms to implement the provisions of Section 2.8(a) with respect to all or any of the Taxes that would otherwise be applicable, which may include exemptions from payment of such Taxes that have been granted in accordance with applicable law, refund or reimbursement of such Taxes by the Government to MCC or to the taxpayer, or payment by the Government to the Accountable Entity or MCC, for the benefit of the Program, an agreed amount in respect of any Taxes collected on the items described in Section 2.8(a).

(c)Unless otherwise specified in an agreement entered into pursuant to Section 2.8(b), the provisions of Section 2.8(a) shall not apply to income Taxes on and contributions with respect to individuals who are nationals of Burkina Faso; *provided* , that such Taxes and contributions are not discriminatory and are generally applicable to all nationals in Burkina Faso; and *provided, further* , that in any event Section 2.8(a) shall apply to Millennium Challenge Account—Burkina Faso, an independent entity established under the office of the Prime Minister by Decree No. 2008-185/PRES/PM dated April 18, 2008 (“ *MCA—Burkina Faso* ”), or any other entity established by the Government solely for purposes of managing or overseeing implementation of the Program (MCA—Burkina Faso and any such other entity, each, an “ *Accountable Entity* ”).

(d)If a Tax has been paid contrary to the requirements of this Section 2.8 or any agreement entered into pursuant to this Section 2.8, the Government will refund promptly to MCC (or to another party as designated by MCC) the amount of such Tax in United States Dollars (“ *US$* ”) or CFA Francs (as elected by MCC) within thirty

(30)days (or such other period as may be agreed in writing by the Parties) after the Government is notified in writing (whether by MCC or otherwise) that such Tax has been paid.

(e)No MCC Funding, proceeds thereof or Program assets may be applied by the Government in satisfaction of its obligations under this Section 2.8. Article 3. Implementation Section 3.1 Program Implementation Agreement The Government will implement the Program in accordance with this Compact and as further specified in an agreement to be entered into by MCC, the Government and the Accountable Entity and relating to, among other matters, implementation arrangements, fiscal accountability and disbursement and use of MCC Funding (the “ *Program Implementation Agreement* ” or “ *PIA* ”). Section 3.2 Government Responsibilities

(a)The Government has principal responsibility for overseeing and managing the implementation of the Program.

(b)With the prior written consent of MCC, the Government may designate an entity to implement some or all of the Government's obligations or to exercise any rights of the Government under this Compact or the Program Implementation Agreement. Such a designation will not relieve the Government of any designated obligations and rights, for which the Government will retain full responsibility.

(c)The Government will ensure that no law or regulation in Burkina Faso now or hereinafter in effect makes or will make unlawful or otherwise prevent or hinder the performance of any of the Government's obligations under this Compact, the Program Implementation Agreement or any other related agreement or any transaction contemplated hereby or thereby.

(d)The Government will ensure that any assets or services funded in whole or in part (directly or indirectly) by MCC Funding will be used solely in furtherance of this Compact and the Program unless otherwise agreed by MCC in writing.

(e)The Government will take all necessary or appropriate steps to achieve the Compact Goal and the Project Objectives during the Compact Term (as defined in Section 7.4). Section 3.3 Policy Performance In addition to undertaking the specific policy, legal and regulatory reform commitments identified in Annex I (if any), the Government will seek to maintain and to improve its level of performance under the policy criteria identified in Section 607 of the MCA Act, and the selection criteria and methodology used by MCC. Section 3.4 Government Assurances The Government assures MCC that:

(a)As of the date this Compact is signed by the Government, the information provided to MCC by or on behalf of the Government in the course of reaching agreement with MCC on this Compact is true, correct and complete in all material respects;

(b)This Compact does not, and will not, conflict with any other international agreement or obligation of the Government or any of the laws of Burkina Faso; and

(c)The Government will not invoke any of the provisions of its internal law to justify or excuse a failure to perform its duties or responsibilities under this Compact. Section 3.5 Implementation Letters From time to time, MCC may provide guidance to the Government in writing on any matters relating to this Compact, MCC Funding, or implementation of the Program (each, an “ *Implementation Letter* ”). The Government will apply such guidance in implementing the Program. Section 3.6 Procurement The Government will ensure that the procurement of all goods, works and services by the Government or any Provider (as defined in Section 3.7(c)) to implement the Program will be consistent with the program procurement guidelines posted from time to time on the MCC Web site (the “ *MCC Program Procurement Guidelines* ”). The MCC Program Procurement Guidelines will include, among others, the following requirements:

(a)Open, fair, and competitive procedures must be used in a transparent manner to solicit, award and administer contracts and to procure goods, works and services;

(b)Solicitations for goods, works and services must be based upon a clear and accurate description of the goods, works and services to be acquired;

(c)Contracts must be awarded only to qualified contractors that have the capability and willingness to perform the contracts in accordance with their terms on a cost effective and timely basis; and

(d)No more than a commercially reasonable price, as determined, for example, by a comparison of price quotations and market prices, will be paid to procure goods, works and services. Section 3.7 Records; Accounting; Covered Providers; Access

(a)Government Books and Records. The Government will maintain, and will use its best efforts to ensure that all Covered Providers (as defined in Section 3.7(c)) maintain, accounting books, records, documents and other evidence relating to the Program adequate to show to MCC's satisfaction the use of all MCC Funding (“ *Compact Records* ”). In addition, the Government will furnish or cause to be furnished to MCC, upon its request, all such Compact Records.

(b)Accounting. The Government will maintain, and will use its best efforts to ensure that all Covered Providers maintain, Compact Records in accordance with generally accepted accounting principles prevailing in the United States, or at the Government's option and with MCC's prior written approval, other accounting principles, such as those

(i)prescribed by the International Accounting Standards Board, or

(ii)then prevailing in Burkina Faso. Compact Records must be maintained for at least five

(5)years after the end of the Compact Term or for such longer period, if any, required to resolve any litigation, claims or audit findings or any statutory requirements.

(c)Providers and Covered Providers. Unless the Parties agree otherwise in writing, a “ *Provider* ” is

(i)any entity of the Government that receives or uses MCC Funding or any other Program asset in carrying out activities in furtherance of this Compact, or

(ii)any third party that receives at least US$50,000 in the aggregate of MCC Funding (other than as salary or compensation as an employee of an entity of the Government) during the Compact Term. A “ *Covered Provider* ” is

(i)a non-United States Provider that receives (other than pursuant to a direct contract or agreement with MCC) US$300,000 or more of MCC Funding in any Government fiscal year or any other non-United States person or entity that receives, directly or indirectly, US$300,000 or more of MCC Funding from any Provider in such fiscal year, or

(ii)any United States Provider that receives (other than pursuant to a direct contract or agreement with MCC) US$500,000 or more of MCC Funding in any Government fiscal year or any other United States person or entity that receives, directly or indirectly, US$500,000 or more of MCC Funding from any Provider in such fiscal year.

(d)Access. Upon MCC's request, the Government, at all reasonable times, will permit, or cause to be permitted, authorized representatives of MCC, an authorized United States inspector general, the United States Government Accountability Office, any auditor responsible for an audit contemplated herein or otherwise conducted in furtherance of this Compact, and any agents or representatives engaged by MCC or the Government to conduct any assessment, review or evaluation of the Program, the opportunity to audit, review, evaluate or inspect facilities and activities funded in whole or in part by MCC Funding. Section 3.8 Audits; Reviews

(a)Government Audits. Except as the Parties may otherwise agree in writing, the Government will, on at least a semi-annual basis, conduct, or cause to be conducted, financial audits of all disbursements of MCC Funding covering the period from signing of this Compact until the earlier of the following December 31 or June 30 and covering each six-month period thereafter ending December 31 and June 30, through the end of the Compact Term, in accordance with the terms of the Program Implementation Agreement. In addition, upon MCC's request, the Government will ensure that such audits are conducted by an independent auditor approved by MCC and named on the list of local auditors approved by the Inspector General of MCC (the “ *Inspector General* ”) or a United States-based certified public accounting firm selected in accordance with the Guidelines for Financial Audits Contracted by MCA (the “ *Audit Guidelines* ”) issued and revised from time to time by the Inspector General, which are posted on the MCC Web site. Audits will be performed in accordance with the Audit Guidelines and be subject to quality assurance oversight by the Inspector General. Each audit must be completed and the audit report delivered to MCC no later than 90 days after the first period to be audited and no later than 90 days after each June 30 and December 31 thereafter, or such other period as the Parties may otherwise agree in writing.

(b)Audits of United States Entities. The Government will ensure that agreements between the Government or any Provider, on the one hand, and a United States nonprofit organization, on the other hand, that are financed with MCC Funding state that the United States nonprofit organization is subject to the applicable audit requirements contained in OMB Circular A-133 issued by the United States Government Office of Management and Budget (“ *OMB* ”). The Government will ensure that agreements between the Government or any Provider, on the one hand, and a United States for-profit Covered Provider, on the other hand, that are financed with MCC Funding state that the United States for-profit organization is subject to audit by the applicable United States Government agency, unless the Government and MCC agree otherwise in writing.

(c)Corrective Actions. The Government will use its best efforts to ensure that Covered Providers take, where necessary, appropriate and timely corrective actions in response to audits, consider whether a Covered Provider's audit necessitates adjustment of the Government's records, and require each such Covered Provider to permit independent auditors to have access to its records and financial statements as necessary.

(d)Audit by MCC. MCC will have the right to arrange for audits of the Government's use of MCC Funding.

(e)Cost of Audits, Reviews or Evaluations. MCC Funding may be used to fund the costs of any audits, reviews or evaluations required under this Compact. Article 4. Communications Section 4.1 Communications Any document or communication required or submitted by either Party to the other under this Compact must be in writing and, except as otherwise agreed with MCC, in English. For this purpose, the address of each Party is set forth below. *To MCC:* Millennium Challenge Corporation, Attention:

(a)Before this Compact enters into force, Vice President, Compact Development; and

(b)after this Compact enters into force, Vice President, Compact Implementation, (in each case, with a copy to the Vice President and General Counsel), 875 Fifteenth Street, NW., Washington, DC 20005, United States of America, Facsimile:

(202)521-3700, Telephone:

(202)521-3600, E-mail: *VPDevelopment@mcc.gov* (Vice President, Compact Development), *VPImplementation@mcc.gov* (Vice President, Compact Implementation), *VPGeneralCounsel@mcc.gov* (Vice President and General Counsel). *To the Government:* Ministère de l'Economie et des Finances, Attention: Minister of Economy and Finance, *Ministre de l'Economie et des Finances* , Avenue du Général Bila Jean Gérard ZAGRE, 01 BP: 7012 Ouagadougou 01, Burkina Faso, Facsimile: +226 50 31 27 15, Telephone: 226 50 32 42 11. Section 4.2 Representatives For all purposes of this Compact, the Government will be represented by the individual holding the position of, or acting as, the Minister of Economy and Finance, and MCC will be represented by

(a)before this Compact enters into force, the individual holding the position of, or acting as, Vice President, Compact Development, and

(b)after this Compact enters into force, the individual holding the position of, or acting as, Vice President, Compact Implementation (each of the foregoing, a “ *Principal Representative* ”). Each Party, by written notice to the other Party, may designate one or more additional representatives for all purposes other than signing amendments to this Compact. A Party may change its Principal Representative to a new representative that holds a position of equal or higher rank upon written notice to the other Party. Section 4.3 Signatures With respect to all documents other than this Compact or an amendment to this Compact, a signature delivered by facsimile or electronic mail will be binding on the Party delivering such signature to the same extent as an original signature would be. Article 5. Termination; Suspension; Refunds Section 5.1 Termination; Suspension

(a)Either Party may terminate this Compact in its entirety by giving the other Party thirty

(30)days' written notice.

(b)MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Web site) has occurred, which circumstances include but are not limited to the following:

(i)The Government fails to comply with its obligations under this Compact, the Program Implementation Agreement or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;

(ii)An event or series of events has occurred that MCC determines makes it probable that any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;

(iii)A use of MCC Funding or continued implementation of the Program violates or would violate applicable law or United States Government policy, whether now or hereafter in effect;

(iv)The Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;

(v)An act has been committed or an omission or an event has occurred that would render Burkina Faso ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 *et seq.* ), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;

(vi)The Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of Burkina Faso for assistance under the MCA Act; and

(vii)The Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.

(c)All Disbursements will cease upon expiration, suspension, or termination of this Compact; *provided, however* , MCC Funding may be used, in compliance with this Compact and the Program Implementation Agreement, to pay for

(i)reasonable expenditures for goods, works or services that are properly incurred under or in furtherance of the Program before expiration, suspension or termination of this Compact, and

(ii)reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within 120 days after the expiration, suspension or termination of this Compact, so long as the request for such expenditures is submitted within ninety

(90)days after such expiration, suspension or termination.

(d)Subject to Section 5.1(c), upon the expiration, suspension or termination of this Compact,

(i)any amounts of MCC Funding not disbursed by MCC to the Government will be automatically released from any obligation in connection with this Compact, and

(ii)any amounts of MCC Funding disbursed by MCC but not expended under Section 2.4 before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty

(30)days after the Government receives MCC's request for such return; *provided, however* , that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion.

(e)MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated. Section 5.2 Refunds; Violation

(a)If any MCC Funding, any interest or earnings thereon, or any asset acquired in whole or in part with MCC Funding is used for any purpose in violation of the terms of this Compact, then MCC may require the Government to repay to MCC in United States Dollars the value of the misused MCC Funding, interest, earnings, or asset, plus interest within thirty

(30)days after the Government's receipt of MCC's request for repayment. The Government will not use MCC Funding, proceeds thereof or Program assets to make such payment.

(b)Notwithstanding any other provision in this Compact or any other agreement to the contrary, MCC's right under this Section 5.2 for a refund will continue during the Compact Term and for a period of

(i)five years thereafter, or

(ii)one year after MCC receives actual knowledge of such violation, whichever is later. Section 5.3 Survival The Government's responsibilities under Sections 2.5, 2.6, 2.7, 2.8, 3.7, 3.8, 5.1(c), 5.1(d), 5.2, 5.3 and 6.4 of this Compact will survive the expiration, suspension or termination of this Compact. Article 6. Compact Annexes; Amendments; Governing Law Section 6.1 Annexes Each annex to this Compact constitutes an integral part hereof, and references to “Annex” mean an annex to this Compact unless otherwise expressly stated. Section 6.2 Amendments

(a)The Parties may amend this Compact only by a written agreement signed by the Principal Representatives.

(b)Without formally amending the Compact, the Parties may agree in writing, signed by the Principal Representatives, to modify any Annex to this Compact to, among others

(i)suspend, modify or terminate any project described in Annex I (each, a “ *Project* ” and collectively, the “ *Projects* ”) or to create a new project;

(ii)change the designations and allocations of funds among the Projects, the Project activities, or any activity under Program administration or monitoring and evaluation, or between a Project identified as of the entry into force of this Compact and a new project; or

(iii)add or delete any condition precedent described in Annex IV, *provided that* any such modification

(A)is consistent in all material respects with the Compact Goal and the Project Objectives,

(B)does not cause the amount of Program Funding to exceed the aggregate amount specified in Section 2.1 of this Compact (as may be modified by operation of Section 2.2(e) of this Compact),

(C)does not cause the amount of Compact Implementation Funding to exceed the aggregate amount specified in Section 2.2(a) of this Compact,

(D)does not cause the Government's responsibilities or contribution of resources to be less than specified in this Compact,

(E)does not extend the Compact Term, and

(F)in the case of a modification to change the designations or allocations of funds among Projects, does not materially adversely affect any activity under Program administration or monitoring and evaluation. Section 6.3 Inconsistencies In the event of any conflict or inconsistency between:

(a)Any Annex to this Compact and any of Articles 1 through 7, such Articles 1 through 7 will prevail; or

(b)This Compact and any other agreement between the Parties regarding the Program, this Compact will prevail. Section 6.4 Governing Law This Compact is an international agreement and as such is governed by the principles of international law. Section 6.5 Additional Instruments Any reference to activities, obligations or rights undertaken or existing under or in furtherance of this Compact or similar language will include activities, obligations and rights undertaken by, existing under or in furtherance of any agreement, document or instrument related to this Compact and the Program. Section 6.6 References to MCC Web Site Any reference in this Compact, the Program Implementation Agreement or any other agreement entered into in connection with this Compact, to a document or information available on, or notified by posting on the MCC Web site will be deemed a reference to such document or information as updated or substituted on the MCC Web site from time to time. Section 6.7 References to Laws, Regulations, Policies and Guidelines Each reference in this Compact, the Program Implementation Agreement or any other agreement entered into in connection with this Compact, to a law, regulation, policy, guideline or similar document will be construed as a reference to such law, regulation, policy, guideline or similar document as it may, from time to time, be amended, revised, replaced, or extended and will include any law, regulation, policy, guideline or similar document issued under or otherwise applicable or related to such law, regulation, policy, guideline or similar document. Section 6.8 MCC Status MCC is a United States Government corporation acting on behalf of the United States Government in the implementation of this Compact. MCC and the United States Government have no liability under this Compact, are immune from any action or proceeding arising under or relating to this Compact, and the Government hereby waives and releases all claims related to any such liability. In matters arising under or relating to this Compact, neither MCC nor the United States Government will be subject to the jurisdiction of the courts or any other body of Burkina Faso. Article 7. Entry Into Force Section 7.1 Domestic Requirements The Government shall take all steps necessary to ensure that

(a)this Compact and the Program Implementation Agreement and all of the provisions of this Compact and the Program Implementation Agreement are valid and binding and are in full force and effect in Burkina Faso;

(b)this Compact, the Program Implementation Agreement and any other agreement entered into in connection with this Compact to which the Government and MCC are parties will be given the status of an international agreement if so stipulated therein; and

(c)no laws of Burkina Faso (other than the constitution of Burkina Faso), whether now or hereafter in effect, will take precedence or prevail over the terms of this Compact or the Program Implementation Agreement. Section 7.2 Conditions Precedent to Entry Into Force Before this Compact enters into force:

(a)The Program Implementation Agreement must have been executed by the Government and MCC and have become effective;

(b)The Government must have delivered to MCC:

(i)A certificate signed and dated by the Principal Representative of the Government, or such other duly authorized representative of the Government acceptable to MCC, certifying that the Government has satisfied the requirements of Section 7.1;

(ii)A legal opinion from the Minister of Justice of Burkina Faso (or such other legal representative of the Government acceptable to MCC), in form and substance satisfactory to MCC; and

(iii)Complete, certified copies of all decrees, legislation, regulations or other governmental documents relating to the Government's domestic requirements for this Compact to enter into force and the satisfaction of Section 7.1, which MCC may post on its Web site or otherwise make publicly available; and

(c)MCC must determine that after signature of this Compact, the Government has not engaged in any action or omission that is inconsistent with the eligibility criteria for MCC Funding. Section 7.3 Date of Entry Into Force This Compact will enter into force on the later of

(a)the date of the last letter in an exchange of letters between the Principal Representatives confirming that each Party has completed its domestic requirements for entry into force of this Compact and

(b)the date that all conditions set forth in Section 7.2 have been satisfied. Section 7.4 Compact Term This Compact will remain in force for five years after its entry into force, unless terminated earlier under Section 5.1 (the “ *Compact Term* ”). Section 7.5 Provisional Application Upon signature of this Compact and until it has entered into force in accordance with Section 7.3, the Parties will provisionally apply the terms of this Compact; *provided* , that no MCC Funding, other than Compact Implementation Funding, will be made available or disbursed before this Compact enters into force. In Witness Whereof, the undersigned, duly authorized by their respective governments, have signed this Compact this 14th day of July, 2008. Done at Washington, D.C. For Millennium Challenge Corporation, on behalf of the United States of America. **John J. Danilovich** , *Chief Executive Officer* . For the Government of Burkina Faso, Name: Jean Baptiste Marie Compaoré, Title: Ministre de l'Economie et des Finances. Annex I Program Description A. Program Overview This Annex I describes the Program that MCC Funding will support in Burkina Faso during the Compact Term. 1. Background and Consultative Process Burkina Faso is a landlocked country in Africa's Sahel region, bordering Benin, Cote d'Ivoire, Ghana, Mali, Niger, and Togo and with a population of approximately 15.26 million people. Burkina Faso is predominantly a rural country, with 95 percent of the poor residing in rural areas. It also is one of the poorest countries in the world, ranking 176 out of 177 countries surveyed by the United Nations Development Program's 2007 Human Development Index. In an effort to address constraints to investment, Burkina Faso has undertaken several broad macroeconomic reforms since the mid-1990s, including market-oriented reforms, decentralization of power from the central government to local governments, adoption of a new labor code and business climate improvements. Despite these reforms and moderate economic growth, Burkina Faso continues to face severe constraints to reducing poverty. In connection with the proposal submitted to MCC, the Government conducted a robust consultative process in May and June of 2006, building on the success and lessons learned from the process used to prepare its Poverty Reduction Strategy Paper. The Government also engaged the media to inform the public about the proposal for Millennium Challenge Account assistance with a series of press releases, television interviews and press conferences. Consultations took place in all thirteen regions of the country and included representatives of civil society, the private sector, traditional authorities, farmers' and women's groups and local government officials. Of the 3,115 participants, 87 percent came from civil society, and 18 percent were women. Overwhelmingly, input focused on improving the rural economy including ways to secure land tenure, intensify and modernize agricultural production, and improve the road network. The Program is designed specifically to address these constraints. 2. Program Description The Compact Goal is to reduce poverty through economic growth in Burkina Faso. The Program consists of the following Projects: the Rural Land Governance Project described in Part B of this Annex I (the “ *Rural Land Governance Project* ”), the Agriculture Development Project described in Part C of this Annex I (the “ *Agriculture Development Project* ”), the Roads Project described in Part D of this Annex I (the “ *Roads Project* ”) and the BRIGHT 2 Schools Project described in Part E of this Annex I (the “ *BRIGHT 2 Schools Project* ”). Each activity to be funded by MCC as part of a Project is referred to herein, individually, as a “ *Project Activity* ,” or collectively, as the “ *Project Activities* ”. 3. Environmental and Social Accountability All of the Projects will be implemented in compliance with the MCC Environmental Guidelines, MCC's Guidance on the Integration of Gender in Program Implementation delivered by MCC to the Government or posted on the MCC Web site (the “ *MCC Gender Policy* ”) and the World Bank's Operational Policy on Involuntary Resettlement in effect as of July 2007 (“ *OP 4.12* ”). The Government also will ensure that the Projects comply with all national environmental laws and regulations, licenses and permits, except to the extent such compliance would be inconsistent with this Compact. The Government will:

(a)Undertake and complete any environmental impact assessments (“ *EIA* ”), environmental assessments (“ *EA* ”), environmental management plans (“ *EMP* ”), resettlement action plans (“ *RAP* ”) and any other such assessments or plans, in form and substance satisfactory to MCC, and as required under the laws of Burkina Faso, the MCC Environmental Guidelines, this Compact, the Program Implementation Agreement, other supplemental agreements or as otherwise required by MCC;

(b)implement to MCC's satisfaction environmental and social mitigation measures identified in such assessments or plans; and

(c)commit to fund, or ensure the funding of, any environmental mitigation (including costs of resettlement) in excess of MCC Funding not specifically provided for in the budget for any Project. B. Rural Land Governance Project 1. Background Inclusion of the Rural Land Governance Project in the Program reflects an understanding of the importance of sound property rights to economic growth and to social stability in Burkina Faso. The Project Objective of the Rural Land Governance Project is to increase investment in land and rural productivity through improved land tenure security and land management. Expected results include greater security of land rights and improved access to more efficient land institutions, which together contribute to economic growth and poverty reduction in rural areas. The Government has demonstrated a commitment to adopting improved laws, regulations and administrative processes to meet its ambitious rural land tenure vision. The Rural Land Governance Project seeks to assist the Government in fulfilling this commitment. A new rural land law is expected to be adopted prior to Entry into Force of the Compact, and will be based on the existing, stakeholder-driven 2007 Rural Land Policy (the “ *Rural Land Policy* ”). The Rural Land Governance Project also will support the Government's implementation of the 2004 Decentralization Law ( *Loi de 2004 portant Code Général des Collectivités Territoriales* , or the “ *Decentralization Law* ”), which authorizes transfer of key aspects of land governance to municipal governments. 2. Summary of Project and Activities The Rural Land Governance Project consists of the following mutually reinforcing Project Activities:

(a)Legal and Procedural Change and Communication. This Project Activity will support the Government's effort to develop and implement improved rural land legislation and to develop, revise and implement other legal and procedural frameworks. Specifically, MCC Funding will support:

(i)the Government's finalization of the rural land law's implementing regulations and revisions of relevant elements of the Agrarian and Land Reorganization ( *Réorganisation Agraire et Foncière* or “ *RAF* ”) legislation, together with other legal reform support, including technical advisory services related to the rural land tenure law and support for participatory stakeholder processes and validation; and

(ii)Finalization of communications and outreach tools to ensure national awareness and practical applicability of the Government's policy and legal reforms, including, but not limited to, the implementation of a stakeholder communications strategy and the development of manuals for local-level application of new legal provisions and tools.

(b)Institutional Development and Capacity Building. This Project Activity, in conjunction with the Legal and Procedural Change and Communication Project Activity, will improve institutional capacity to deliver land services in rural areas. Specifically, MCC Funding will support:

(i)Improved land registration and mapping services, including institutional modernization analyses, training and capacity building, the purchase of equipment, imagery products, and surveying technology;

(ii)Decentralization of land tenure services, including training and support for new local land services personnel and the construction and basic equipping of up to 47 municipal buildings to provide offices for the decentralized municipal land services while also serving as offices for other key local government functions; and

(iii)Capacity building to mediate land conflicts, including

(A)capacity building within the justice sector through training for judges and associated personnel and practicing lawyers;

(B)new law school curriculum modules focusing on land law and land conflict;

(C)training of municipal officials, local village councils and local land services personnel on land conflict mediation; and

(D)support for mobile land conflict tribunals. MCC Funding also will support implementation of environmental and social mitigation measures as identified in the Environmental and Social Management Framework, or as otherwise may be appropriate, consistent with MCC Environmental Guidelines and OP 4.12.

(c)Site-Specific Land Tenure Interventions. This Project Activity will ensure that both the Legal and Procedural Change and Communication Project Activity and the Institutional Development and Capacity Building Project Activity yield their intended benefits across municipalities and in targeted agricultural development zones. The Site-Specific Land Tenure Interventions Project Activity employs a cluster approach to project design, based around 15 clusters, each containing up to three to four municipalities. Specifically, MCC Funding will support:

(i)Participatory land use management planning in up to 47 rural municipalities, including training, mapping, operational costs, and necessary assistance by regional and provincial institutions; and

(ii)Clarifying and securing rights in developed zones, including in up to eight existing agricultural schemes subject to the phasing approach, in the new MCC-funded irrigation scheme, and associated with approximately 14,500 parcels in Ganzourgou province. MCC Funding also will support implementation of environmental and social mitigation measures as identified in the Environmental and Social Management Framework, or as otherwise may be appropriate, consistent with MCC Environmental Guidelines and OP 4.12. Certain of the activities enumerated in Sections 2(b)(i), (b)(ii), (c)(i) and (c)(ii) above will be subject to a phased approach. Unless MCC otherwise agrees, phase one includes years one and two of the Compact Term. Phase one will target 17 municipalities with a complete package of technical assistance and infrastructure construction, and also will include a set of up-front investments that are not municipality-specific. Phase two will include the balance of the Compact Term, and will target up to 30 additional municipalities for technical assistance and infrastructure as well as expand investment associated with the other sub-activities. MCC's decision to initiate phase two investments is subject to satisfaction of:

(A)The achievement of an economic rate of return target;

(B)achievement of legal and policy change targets, including

(1)passage of the rural land law,

(2)passage of the implementing regulations for the rural land law,

(3)passage of relevant revisions as may be necessary or appropriate to the RAF legislation and

(4)revision of the regulations or bylaws for managed agricultural zones ( *Cahier de Charges Général* );

(C)satisfactory progress on applicable performance indicators specified in the M&E Plan; and

(D)sufficient progress toward milestones set in the Implementation Plan. In the event that MCC determines, in its sole discretion, that phase one fails to achieve the performance criteria outlined above, the MCC Funding associated with phase two may be reallocated to other Project Activities, consistent with Section 6.2(b) of the Compact. 3. Beneficiaries The Rural Land Governance Project is expected to affect households and businesses nationally, primarily through the Legal and Procedural Change and Communication Project Activity, creating a better investment climate for existing and prospective rural producers. The Institutional Development and Capacity Building Project Activity and the Site-Specific Land Tenure Interventions Project Activity additionally will benefit rural producers located in the targeted sites. These direct beneficiaries include producers in up to 47 of the country's 302 rural municipalities and in the targeted agricultural development zones. Targeted sites will be organized in 15 clusters of contiguous municipalities with the expectation that outcomes and impacts achieved by the cluster municipalities eventually will extend to other neighboring municipalities that are not targeted in this project, particularly as the clusters are allocated across all 13 administrative regions of the country. Several of the municipalities will overlap with the Agricultural Development Project and others will be along road segments to be supported under the Roads Project. Improved land registration and mapping services at national, regional or provincial levels may also benefit other public or private users who are not located in target municipalities or managed scheme areas. 4. Sustainability The foundation of this Project is a reformed legal, policy and procedural framework for land tenure, which will ensure an enabling environment for sustainability of the MCC investment. All site-specific sub-activities will be based on new legal tools, assuring their support in law. Training will target the range of local stakeholders to assure buy-in. Most of the Project's site-specific interventions will be scalable through the phased approach, thus enabling the expected returns on an initial share of the investment to be tested before the Project is expanded. By requiring that phase two be based on demonstrated performance, the Project design stands as an innovative approach to ensuring results and investment sustainability. All training and equipment investments, particularly those associated with strengthening regional and provincial registration and mapping services, will reflect analysis of appropriate and sustainable capacity building and technology choices. The sustainability of the municipal buildings investment for each beneficiary municipal government in phase one and phase two will be supported by the requirement that municipal budgets contain sufficient resources for building operation and maintenance, consistent with Burkina Faso's current municipal government financing frameworks and procedures associated with the decentralization law. All participating municipal governments, or the Ministry of Economy and Finance on their behalf, will be required to submit for MCA-Burkina Faso and MCC approval a plan that details the operational arrangements for the finished building as a condition on the launch of the associated works procurements. These plans will include identification of the specific local services planned to operate out of each building as well as specific plans for building operations and maintenance. 5. Environmental and Social Mitigation Measures The implementation of environmental management and gender integration plans will ensure the sustainability of the Rural Land Governance Project by mitigating potential impacts and strengthening Project design. An environmental and social management framework (“ *ESMF* ”) will be used to conduct the required environmental and social impact analysis of the municipal buildings. The ESMF will identify impacts as well as develop site-specific EMPs for each building site. RAPs will also be developed to adequately plan for and mitigate the resettlement impacts at building sites. In addition, environmental and social safeguards consistent with applicable rules, regulations and best practices in Burkina Faso will be incorporated into all land use decision-making processes funded through the Site-Specific Land Tenure Interventions Project Activity. These safeguards will ensure the sustainable implementation of interventions in existing protected areas. Furthermore, the ESMF will develop a process to ensure community decision-making regarding restricting access to natural resources and establish measures to mitigate adverse impacts on livelihoods, such as the creation of a compensation fund to register and improve land to allow for successful realization of livelihood activities outside of protected areas. Finally, the implementation of the Rural Land Governance Project will be structured to ensure that women can benefit from the MCC-funded investments, through the integration of appropriate mechanisms into the new land law and into the overall implementation of the Project. 6. Donor Coordination The Rural Land Governance Project builds on land tenure, rural development and decentralization efforts supported by the World Bank, the French Development Agency ( *Agence Française de Développement* or “ *AFD* ”), the Danish International Development Agency (“ *DANIDA* ”), the German Agency for Technical Cooperation ( *Deutsche Gesellschaft für Technische Zusammenarbeit GmbH,* or “ *GTZ* ”), the Austrian Development Corporation, the Luxembourg Agency for Development Cooperation, the International Fund for Agricultural Development (“ *IFAD* ”), the International Finance Corporation (“ *IFC* ”), the African Development Bank (“ *AfDB* ”), the United Nations Food and Agriculture Organization (“ *FAO* ”), the Swedish International Development Agency (“ *SIDA* ”), and the United Nations Development Program (“ *UNDP* ”). MCC funding will co-finance, with the World Bank, support for stakeholder consultation, legal drafting, and passage of the new land law and application texts, as well as outreach and dissemination once the new law is passed. 7. United States Agency for International Development The United States Agency for International Development (“USAID”) currently does not focus specifically on the land tenure sector in Burkina Faso. However, the Government will work with USAID, as appropriate, to identify potential opportunities for coordination with respect to the Rural Land Governance Project. C. Agriculture Development Project 1. Background The Project Objective of the Agriculture Development Project is to expand the productive use of land in order to increase the volume and value of agricultural production in Project zones. In that regard, the Agriculture Development Project is designed to increase rural incomes and employment and to enhance the competitiveness of the rural economies in the Sourou Valley and the Comoé Basin by addressing core constraints typical of rural Burkina Faso: poor water resource availability and management; weak beneficiary capacity; lack of access to information, markets, and inputs; and lack of access to credit. Expected results include increased agricultural production and productivity in Project zones, increased total area of land under irrigation in Di, and increased availability of rural credit in the Project's intervention zones. 2. Summary of Project and Activities The Agriculture Development Project consists of the following mutually reinforcing Project Activities:

(a)Water Management and Irrigation. The Water Management and Irrigation Project Activity is designed to ensure adequate water availability, water delivery, flood control, and dam safety to support and protect investments in the Sourou Valley and Comoé Basin. Specifically, MCC Funding will support:

(i)Preparation and implementation of Integrated Water Resources Management (“IWRM”) plans for the Sourou Valley and Comoé Basin in conformity with Burkina Faso's integrated water resources management action plan ( *Plan d'Action de la Gestion Intégrée des Ressources en Eau du Burkina Faso* ) (“ *PAGIRE* ”);

(ii)Rehabilitation of the Léry dam and associated infrastructure (the “ *Léry Dam* ”);

(iii)Development of the Di irrigation scheme in the Sourou Valley;

(iv)Development of EIAs, EMPs, and RAPs for the respective investments and implementation of mitigation measures as identified in these assessments, or as otherwise may be appropriate, to include compensation for physical and economic displacement of individuals, residences and businesses affected by such rehabilitation and construction, consistent with OP 4.12; and

(v)Provision of capacity building and technical assistance to establish the institutional framework and financial capacity for sustainable operation and maintenance of the water and irrigation infrastructure, including, but not limited to, capacity building and technical assistance to the *Autorité de Mise en Valeur de la Vallée du Sourou* (“ *AMVS* ”) consistent with the recommendations of the AMVS Management Audit (as defined in sub-section

(b)below).

(b)Diversified Agriculture. The Diversified Agriculture Project Activity will build on the delivery of water in the Project zones by supporting on-farm production and related activities throughout the agricultural value chain. Specifically, MCC Funding will support:

(i)Extension services, demonstration farms and technical assistance services, assisting beneficiaries in irrigated and rain-fed areas;

(ii)Business development services, including transaction brokering, technology transfer, and links to the Access to Rural Finance Activity;

(iii)Expansion of market information systems and rehabilitation of district markets;

(iv)Improvement of the quality and accessibility of private animal health services and increasing the capacity of public agencies to provide technical support and professional training to veterinary practitioners; and

(v)Development of EIAs and EMPs for the respective investments and implementation of mitigation measures as identified in these assessments, or as otherwise may be appropriate. A management audit of AMVS (the “ *AMVS Management Audit* ”) will be conducted prior to Entry into Force of the Compact to assess the efficacy and efficiency of AMVS, including, but not limited to, its strategic planning, organization, operating systems, resources, and personnel and management systems. Following discussion of the recommendations of the AMVS Management Audit with key stakeholders, an action plan agreed by the Parties (the “ *AMVS Action Plan* ”) will be implemented by AMVS.

(c)Access to Rural Finance. This Project activity will increase medium- and long-term credit in the four western regions of Sud-Ouest, Hauts Bassins, Cascades, and Boucle du Mouhoun. Specifically, MCC Funding will support:

(i)An on-lending facility to provide medium-to long-term loans, particularly to farmers and small- and medium-sized, rural and agricultural enterprises;

(ii)Improvement of the capacity of participating financial institutions to profitably and securely expand rural lending; and

(iii)Increasing the ability of creditworthy enterprises in the region to access credit, including women-owned enterprises. 3. Beneficiaries The principal beneficiaries of the irrigation investments will be people with some farming experience with dry-land crops who receive irrigated land. Many beneficiaries are expected to be those people who are earning less than US$2/day and selection criteria for land allocation are designed to serve this category of beneficiaries. The farmers on the existing irrigation perimeters who will benefit from the technical assistance activities more likely fall into a slightly higher income category. Beneficiaries of the livestock, Léry Dam, and market investments are more likely to be like the relatively poor dry land farmers. Beneficiaries of the investments in the Water Management and Irrigation Project Activity and the Access to Rural Finance Project Activity will be widely distributed in Sourou, Hauts Basins, Sud Ouest, and Cascades Regions. 4. Sustainability The ability of farmers to adapt to new irrigation and agricultural methods, and the executing agencies to complete the project within the Compact Term, will be crucial for a successful and sustainable outcome. Availability of sufficient water resources and fertile soils, and the capacity for implementing proper operation and maintenance of facilities and infrastructure, are limiting factors to sustainable development in Burkina Faso. The Agriculture Development Project is designed to address these key constraints in partnership with the Government and with the commitment of beneficiaries. To achieve the Project's goals, MCC Funding will strengthen the capacity of key stakeholders through training and technical assistance, and will create the enabling environment that ensures proper levying of water fees and adequate operation and maintenance of the infrastructure and facilities. The overall sustainability of the Project lies with:

(a)The strengthened capacity of the *Direction Générale des Ressources en Eau* (“ *DGRE* ”) to better manage and maintain water storage in the Sourou reservoir;

(b)the strengthened capacity of AMVS through its operation and maintenance contractors to provide a reliable supply of water to farmers as specified in the by-laws of the project ( *Cahier de Charges* );

(c)the capacity of beneficiaries, through their Water User Associations (“ *WUA* ”) to pay for operations and maintenance to ensure the provision of irrigation water;

(d)the establishment of an operations and maintenance fund managed and overseen by AMVS and the WUAs; and

(e)the Government to ensure that the *Cahier de Charges* is respected by the parties to it. Contingent upon full continuing execution of the operations and maintenance action plan pursuant to the AMVS Management Audit, a deposit of MCC Funding equal to approximately 1.5 times the estimated cost of operations and maintenance of the Di irrigation infrastructure for one year, may be made into the operations and maintenance fund, unless otherwise agreed by the Parties. Notwithstanding such deposits, MCC anticipates that farmers will, from the outset, pay water charges incrementally toward the full cost of operations and maintenance within the first two years of operation. With respect to the Léry Dam, the Government will ensure that a plan and adequate resources are in place to cover yearly operation and maintenance costs associated with the Léry Dam. Land allocation and future land management within the scheme area will be supported by general and specific by-laws ( *Cahier de Charges* ), whose content will be approved by MCC. The Rural Land Governance Project will support land use planning and management and capacity-building to the municipalities overlapping with targeted areas, and will support registration of rights in the targeted scheme areas. Projects with similar objectives have failed in the past because of the failure of public and private entities to consistently deliver on their commitments to growers. The focus of this Project is not on building a particular service capacity for which external funding will always be needed. It rather will foster relationships between producers and commercial suppliers of the goods and services they need and between AMVS and the WUAs, so that mutual interest is served by each continuing to perform his or her part. The objective is to ensure that producers acquire the knowledge and the ability to recognize their needs for information, and to develop the network and capacity to meet that need, through more diverse and direct sources than a conventional, pubic sector agent. 5. Environmental and Social Mitigation Measures Environmental sustainability of the Agriculture Development Project will be promoted through the implementation of site-specific interventions to reduce the potential for downstream surface water contamination, reforestation actions to address fuel-wood shortages, and use of pest management plans. Additionally, training and capacity building for the AMVS and Ministry of Environment officials will help ensure that environmental and social issues will be adequately managed. Social sustainability will be promoted by the integration of completed gender analysis into final Project design and terms of reference for implementation to ensure women and families benefit from Project investments, targeted training and through a transparent parcel allocation scheme. Thorough resettlement analysis will also contribute to social sustainability through the identification of mitigation and compensation measures that will factor into the Resettlement Action Plans. Detailed assessments and mitigation plans will be developed for the Agriculture Development Project as follows:

(a)EIAs, EMPs and RAPs for the water management and irrigation activities at Di and Léry, focusing on environmental, social, and resettlement impacts of the creation of the Di irrigated perimeter as well as the rehabilitation of the Léry Dam;

(b)in connection with the Diversified Agriculture Project Activity, an EIA, EMP, and RAP for the market rehabilitation component, focusing on the environmental, social, and resettlement impacts of rehabilitating up to eight district markets;

(c)an EIA and EMP of the diversified agriculture activities, focusing on the environmental impacts of agricultural intensification in the region and its aquatic ecosystems;

(d)a plan to build environmental and social capacity for the AMVS to ensure that minimum capacity is present for monitoring impacts and monitoring compliance with MCC's Environmental Guidelines and the MCC Gender Policy; and

(e)appropriate guidelines and requirements for the Access to Rural Finance Project Activity to ensure that end-borrowers implement projects in compliance with the Government's environmental regulations and MCC's Environmental Guidelines. 6. Donor Coordination The Project design draws extensively on the work of other donors. MCC consulted with the EU on the IWRM, and with the World Bank and AfDB on irrigation and agriculture. Lessons learned, particularly with regard to including supporting technical assistance for farmers, have been incorporated to improve the design of this project and foster its sustainability. A number of other donors have been active in the target rural areas of the Project, including the World Bank, AfDB, USAID, the *Fonds Européen De Développement* (“ *FED* ”) as well as Swiss and Belgian bilateral aid agencies. In several cases, the actions to be taken under the Project complement other initiatives. For example, the market information system will continue work begun under a USAID project, and the improvements to district markets will draw on the experience of the Swiss Development Agency. In addition, the Access to Rural Finance Project Activity has been designed in consultation with other donor funded micro, small and medium sized rural enterprise (“ *MSME* ”) activities in Burkina Faso. In particular, synergies will be gained in implementation through close coordination with the International Finance Corporation's MSME credit program, the World Bank's *Projet d'Appui aux Filières Agro-Sylvo-Pastoral Project* (“ *PAFASP* ”), and the World Bank and EU-funded *Maison de l'Enterprise* which provides business support services. MCC anticipates that consultations will continue with these donors and with others who may develop interventions within the Project zones. 7. United States Agency for International Development USAID currently does not focus specifically on the agriculture sector in Burkina Faso. However, the Government will work with USAID, as appropriate, to identify potential opportunities for coordination with respect to the Agriculture Development Project. 8. Policy, Legal and Regulatory Reforms The Government will continue institutional reforms and initiatives aimed at sustainable water resource management that would support the development of the Integrated Water Resource Management plans prepared and financed pursuant to this Compact. The Government will exercise its best efforts to ensure compliance of all stakeholders with their obligations as set out in the various *Cahier de Charges* relevant to the Di irrigation perimeter. If such stakeholders fail to fulfill those obligations with respect to operation and maintenance of the irrigation system, the Government shall ensure that such operation and maintenance is performed in any event. The Government will put in place in the Sourou Valley region adequate health infrastructure, and will deploy the necessary staff to ensure proper functioning of this infrastructure, in conformity with the standards of the National Health Service Plan ( *Plan de Developpement Sanitaire* ) in use in Burkina Faso. In addition, the implementation by the Government, to the satisfaction of MCC in its discretion, of the policy, legal and regulatory reform described below shall be conditions precedent to specified Disbursements: the Government will ensure the availability of funds and provide a timeline acceptable to MCC for the construction of identified agriculture access roads in the vicinity of the Di perimeter:

(a)Di—Poura—Ourokou—Poro—Dono, and

(b)Dono—Niassari—Bouna. D. Roads Project 1. Background Burkina Faso's Poverty Reduction Strategy Paper identifies infrastructure development as a critical priority for increased economic growth. For a landlocked country, the road transport network is an important asset for economic development. Such a network facilitates trade and communications with regional and international markets and improves local connectivity of farms to markets. Road network investments also improve access to social services in rural communities, such as those in western Burkina Faso, which currently are underserved by an adequate transport system. The Project Objective of the Roads Project is to enhance access to markets through investments in the road network. More specifically, the Roads Project is designed to:

(a)Improve access to agricultural markets by upgrading primary and rural road segments serving the Sourou Valley and the Comoé Basin;

(b)reduce travel time to markets and reduce vehicle operating costs; and

(c)ensure the sustainability of the road network by strengthening road maintenance. Expected results include increased volume of freight and passenger traffic on rehabilitated roads, reduced travel times and costs, and improved road maintenance. The Project includes a set of primary and rural roads projects for upgrading to appropriate functional standards and designed to carry projected traffic for a 15 to 20 year horizon. Benefits are expected to result primarily from increasing the year-round accessibility to markets of agriculturally productive regions that are typically cut off during the rainy season. 2. Summary of Project and Activities The Roads Project consists of the following Project Activities:

(a)Development of Primary Roads. The Development of Primary Roads Project Activity will support the improvements of three primary road segments in western Burkina Faso currently projected to total 271 kilometers. The segments to be financed using MCC Funding include the development of a 145 kilometer segment from Dedougou—Nouna—Mali border, the development of a 76 kilometer segment from Sabou—Koudougou—Didyr, and a 50 kilometer segment from Banfora—Sindou (collectively, the “ *Primary Roads* ”). Specifically, MCC Funding will support:

(i)Implementation of construction activities for the opening, improvement, or rehabilitation of the Primary Roads;

(ii)Implementation of environmental and social mitigation measures as identified in the EIA and the RAP, or as otherwise may be appropriate, to include compensation for physical and economic displacement of individuals, residences and businesses affected by such rehabilitation and construction, consistent with OP 4.12; and

(iii)Project management, supervision and auditing of such improvements and upgrades.

(b)Development of Rural Roads. The Development of Rural Roads Project Activity will support the improvements of rural road segments currently projected to total 151 kilometers located in three rural areas in the Comoé Basin of southwestern Burkina Faso, including the Provinces of Leraba, Comoe, and Kenedougou (collectively, the “ *Rural Roads* ”). These roads currently exist as rural tracks and improvements will include upgrading to a fully engineered rural road standard. Specifically, MCC Funding will support:

(i)Implementation of construction activities for the opening, improvement, or rehabilitation of the Rural Roads;

(iii)Project management, supervision and auditing of such improvements and upgrades.

(c)Capacity Building and Technical Assistance for Road Maintenance. The Capacity Building and Technical Assistance Project Activity will provide capacity building and technical assistance to existing government agencies and private sector institutions involved with road maintenance activities to improve the planning and implementation of road maintenance. Specifically, MCC Funding will support:

(i)Assistance in developing a five-year road maintenance plan;

(ii)Training on procurement processes, contract management, and financial accounting systems;

(iii)Support for development of administrative framework of the IMFP (as defined below);

(iv)Support for public outreach programs for improving safety and protection of road infrastructure; and

(v)Any other related activities as may be approved by MCC. MCC Funding will also be used for environmental and social capacity building of the Ministry of Environment and Ministry of Infrastructure.

(d)Incentive Matching Fund for Periodic Road Maintenance. The Incentive Matching Fund for Periodic Road Maintenance (“ *IMFP* ”) Project Activity is designed to set the Government on a path toward long-term, sustainable funding of periodic maintenance on the full road network in Burkina Faso. MCC Funding will be used to finance periodic road maintenance works through an incentive matching fund that will match annual increases in the Government's dedicated funding for periodic maintenance, subject to measurable indicators of performance on maintenance planning, capacity, and implementation. MCC and the Government envision that the IMFP will be administered by the Road Maintenance Fund of Burkina ( *Fonds d'Entretien Routier du Burkina—FER-B* ), an institution established by the Government in cooperation with the World Bank (the “ *Road Fund* ”). MCC Funding of the IMFP is subject to the fulfillment of the following conditions, as such conditions are further specified in the Program Implementation Agreement:

(i)The preparation and delivery by the Government of a five-year road maintenance plan that will be updated annually;

(ii)the presentation by the Government of evidence, satisfactory to MCC, that *Direction Générale des Routes* (“ *DGR* ”) and *Direction Générale des Pistes Rurales* (“ *DGPR* ”) have improved procurement, contract management and implementation oversight capacities;

(iii)the presentation by the Government of evidence, satisfactory to MCC, that the Road Fund has adopted appropriate financial controls (including cash management and accounting controls) and operational systems (including with respect to contract management), and such mechanisms are formalized, implemented and verified pursuant to technical and financial audits conducted in accordance with the by-laws ( *Cahier de Charges* ) of the Road Fund approved by MCC; and

(iv)the establishment of the relative contributions of the Government and MCC to the IMFP, as agreed upon between MCC and the Government, and the provision by the Government of evidence of financing sufficient to meet the Government's share of such contributions. In connection with this sub-section (d), the Parties shall use their best efforts to consult with other donors where appropriate. 3. Beneficiaries Key beneficiaries of the Roads Project will include the population in the areas serviced by the roads as well as those who transship goods through the region using the roads. Anticipated benefits include increased production (for both inputs such as fertilizer, and outputs such as farm produce) due to improved access to markets resulting from reduced travel time and reduced vehicle operating costs. In addition, reducing the isolation of these communities may increase access to health and education services. 4. Sustainability Road maintenance is crucial for the long term function and benefit of the Roads Project investment. The continuation of efforts to mobilize resources for road maintenance is essential to ensure sustainability of the road investments. In support of road maintenance, the provision by MCC of matching funds to annual increases in Government spending on periodic maintenance is an innovative mechanism to ensure roads are adequately maintained and continue to stimulate access into the long-term. 5. Environmental and Social Mitigation Measures Environmental sustainability of the Roads Project will be promoted through the conduct of comprehensive environmental and social impact assessments that will build upon the environmental and social work already completed. In addition, the Roads Project will include a series of training and short-term educational seminars that will include coverage of sound environmental and social performance for existing contractors active in the road maintenance industry. EIAs will be completed for each set of roads to be rehabilitated or upgraded, and each EIA will include gender analysis, EMPs and HIV/AIDS prevention plans. In addition, RAPs will be developed and implemented for each road segment. While environmental and social impacts related to the IMFP Project Activity are not expected to be significant, requirements will be incorporated into the design of the IMFP. Further, annual technical audits will include consideration of environmental and social performance. 6. Donor Coordination Throughout due diligence, MCC has consulted with major donors involved in funding road construction and capacity building/institutional strengthening projects in Burkina Faso. MCC has been particularly active in coordinating its approach to road maintenance, an increasingly important collective concern among the major donors. Technical assistance under the Capacity Building and Technical Assistance for Road Maintenance Project Activity has been structured to complement ongoing technical assistance programs, to build on the World Bank's assistance that resulted in the establishment of the Road Fund, and to strengthen work initiated by the AfDB and the EU on road maintenance. Design of the IMFP, in particular, was developed in collaboration with the World Bank and the EU. The road segments selected for MCC Funding provide connections with current road construction activities funded by other donors. The Koudougou to Dedougou road segment, funded by the Islamic Development Bank (“ *BID* ”), Arab Bank for Economic Development in Africa (“ *BADEA* ”), Arab Development Fund (“ *FAD* ”), Kuwait Fund for Arab Economic Development, Saudi Fund for Development, OPEC Fund for International Development and the Government, lies in between the Dedougou-Mali border road and the Sabou-Koudougou-Didyr road. The Sabou to Koudougou road segment intersects with the EU-funded periodic maintenance on the Sabou to Bobo-Dioulasso road and works on the Sabou to Ouagadougou road anticipated to be funded by the World Bank. 7. United States Agency for International Development USAID currently does not focus specifically on the roads and transport sectors in Burkina Faso. However, the Government will work with USAID, as appropriate, to identify potential opportunities for coordination with respect to the Roads Project. 8. Policy, Legal and Regulatory Reforms The implementation by the Government, to the satisfaction of MCC in its discretion, of the policy, legal and regulatory reforms described below shall be conditions precedent to the specified Disbursements:

(a)The Government will ensure that the Road Fund is fully operational in accordance with Burkina Faso law with all staff, management, and financial systems in place for efficient execution of the road maintenance works including contract management, performance monitoring and works verification.

(b)The Government will ensure that DGR and DGPR have improved operational processes to conduct procurement, contract management, and monitoring of road maintenance works, as measured by mutually agreed targets, to facilitate the implementation of the Road Fund.

(c)The Government will ensure that a transparent method of funding periodic maintenance is established to support the Road Fund. In addition, the Government will actively pursue participation of the private sector in maintenance work through a series of training seminars and outreach activities to improve private sector understanding of procurement processes, contracting requirements, road maintenance methods/best practices, and maintenance standards. E. Bright 2 Schools Project 1. Background The Project Objective of the BRIGHT 2 Schools Project is to increase primary school completion rate for girls and builds upon the successes of the Burkinabé Response to Improve Girls' Chances to Succeed (“ *BRIGHT* ”) funded under the MCC Threshold Program. In addition, the BRIGHT 2 Schools Project will further support the efforts of the Ministry of Basic Education and Literacy ( *Ministère de l'Enseignement de Base et de l'Alphabétisation* or “ *MEBA* ”) to increase girls” primary education completion rate. The Project focuses on maintaining high levels of girls' enrollment and retention as they move on to the higher grades (4-6) in their new classrooms. Specific objectives of the Project are to:

(a)Maintain the high enrollment rates;

(b)anchor the girls' education principles in the respective communities for the benefit of future generations of school-aged girls; and

(c)start a program for school maintenance. The BRIGHT 2 Schools Project will consist of two phases. Phase one, scheduled from September 2008 to December 2009, will be an interim phase to provide temporary classroom solutions and to maintain community interest at the respective schools to be supported by Compact Implementation Funding. Phase two, scheduled from the date the Compact enters into force and for the three consecutive years thereafter, will consist of construction work in addition to all other Project Activities. Several months of anticipated overlap between phase one and phase two will allow for a smooth transition between the two stages. The BRIGHT 2 Schools Project will be administered by USAID pursuant to an agreement between USAID and MCC (the “ *Administration Agreement* ”). Accordingly, the Government will not be responsible for Project Activities for which USAID has sole responsibility under the Administration Agreement (including with respect to applicable Disbursements to USAID). Notwithstanding the foregoing, the Government will cooperate with USAID and perform its obligations to achieve the BRIGHT 2 Schools Project Objective consistent with this Compact, the Program Implementation Agreement and any other Supplemental Agreement. 2. Summary of Project and Activities The BRIGHT 2 Schools Project consists of the following mutually reinforcing Project Activities:

(a)Borehole Construction/Rehabilitation and/or Water Catchment Systems. MCC Funding will support some or all of the following:

(i)The construction of up to 50 additional boreholes for the exclusive use of the school complex;

(ii)The purchase and installation of pipe and water catchments, where technically feasible, in accordance with environmental regulations, and budget permitting; and

(iii)Such other activities as may be determined by MCC in consultation with USAID.

(b)Construction of Schools Complexes. MCC Funding will support the identification, in consultation with respective communities, of the exact location for expansion of existing schools and their construction. It also will support the construction of an additional classroom block of three classrooms at each of the 132 locations, for a total of 396 additional classrooms (including equipment), 396 teacher housing units, (including latrine, bathing space and kitchen), two blocks of three latrines (for a total of 792 latrines), sports grounds and sports equipment.

(c)*Bisongos* (Kindergartens) MCC Funding will support the construction of 122 *bisongos* , including playground and equipment. Such construction will utilize existing designs prepared by Catholic Relief Services and made available to the Ministry of Social Action and National Solidarity.

(d)Take-Home Rations. This Project Activity will provide food for daily meals (“ *Take-Home Rations* ”) during the nine months of the school year for approximately 100 children estimated to be enrolled at each of the 132 bisongos. The Project also will provide monthly Take-Home Rations for girls demonstrating 90 percent monthly attendance in grades 1-4 ( *CP1-CE2* ) during the nine-month school year. Forty-five girls per grade are estimated to be able to benefit from Take-Home Rations, which consist of approximately eight kilograms of rice or other dry foods. Take-Home Rations will be provided based on studies showing that school meals are an effective way of ensuring attendance and improving academic performance. Implementers will be encouraged to work with teachers and parents to create school gardens to enhance participation in canteen planning and management for nutritious meals. The initiative supports MEBA's strategic plan, and anticipates training sessions for teachers in the school garden concept and nutrition.

(e)Social Mobilization Campaign. This Project Activity will build community ownership around the school and the value of education through social mobilization, literacy training, and other efforts in the 132 rural communities. Specifically, MCC Funding will support:

(i)Well-targeted social mobilization campaigns on topics to serve as content for literacy training, school director and teacher training, and as the basis for community discussion groups, including messages on gender parity, the lifelong value of education and literacy, school maintenance, canteen and bisongo management;

(ii)Assistance to the *Associations des Mères Educatrices* (“ *AME* ”) to mentor girls;

(iii)Training teachers in sensitivity to gender issues; and

(iv)An incentive program for female teachers.

(f)Adult Literacy/Management of Micro-Projects. MCC Funding will support the training of trainers, delivery of literacy courses, and training in micro-project management for women and mothers in the 132 communities. This Project Activity will build on existing literacy programs and lead to the development of training materials that respond to the needs of the communities and enhance the women's understanding of the benefits of their own education as well as their role in supporting their daughters' and the school in general. Specifically, MCC Funding will support:

(i)Training in management of micro-projects for income generation to help boost community development; and

(ii)Literacy training for mothers.

(g)*Program Support* . MCC Funding will be used for direct and indirect costs incurred by USAID in the implementation of this Project. 3. Beneficiaries Approximately 19,800 children, including approximately 9,900 girls, will benefit from the construction of the remaining classrooms for BRIGHT schools in 132 communities in 9 provinces. In addition, it is estimated that 13,200 children will benefit from the *bisongos* (kindergartens), 39,600 children will benefit from the meals provided in schools, and 13,200 girls and their families will benefit from the Take-Home Rations. 4. United States Agency for International Development USAID will serve as the administrator for the BRIGHT 2 Schools Project pursuant to the Administration Agreement. 5. Policy, Legal and Regulatory Reforms The Government will implement the policy, legal and regulatory reforms described below.

(a)The Government will ensure the nomination by MEBA of a BRIGHT 2 Schools Project Coordinator and Coordination Team, and shall ensure that a BRIGHT 2 Schools Project Coordinator and Coordination Team are in place for the duration of the Project.

(b)The Government will provide an annual budget allocation, in accordance with Section 2.6(c) of the Compact, to MEBA for teacher salaries and other recurrent costs for the existing 132 BRIGHT schools (including classrooms and other facilities funded under the BRIGHT 2 Schools Project). F. Implementation Framework 1. Overview The implementation framework and the plan for ensuring adequate governance, oversight, management, monitoring and evaluation, and fiscal accountability for the use of MCC Funding are summarized below. MCC and the Government shall enter into the Program Implementation Agreement, and any other agreements in furtherance of this Compact, all of which, together with this Compact, shall set out certain rights, responsibilities, duties and other terms relating to the implementation of the Program. 2. MCC MCC will take all appropriate actions to carry out its responsibilities in connection with this Compact and the Program Implementation Agreement, including the exercise of its approval rights in connection with the implementation of the Program. 3. MCA-Burkina Faso The Government, by Decree No. 2008-185/PRES/PM dated April 18, 2008, of the Council of Ministers of Burkina Faso (the “ *Decree* ”), established MCA-Burkina Faso as an independent legal entity empowered to carry out the Government's obligations and to implement the Program under this Compact. The Government shall ensure that MCA-Burkina Faso takes all appropriate actions to implement the Program, including the performance of the rights and responsibilities designated to it by the Government pursuant to this Compact and the Program Implementation Agreement. The Government also shall ensure that MCA-Burkina Faso has full decision-making autonomy, including, *inter alia* , the ability, without consultation with, or the consent or approval of, any other party, to

(a)enter into contracts in its own name,

(b)sue and be sued,

(c)establish an account in a financial institution in the name of MCA-Burkina Faso and hold MCC Funding in that account,

(d)expend MCC Funding,

(e)engage one or more fiscal agents who will act on behalf of MCA-Burkina Faso on terms acceptable to MCC,

(f)engage one or more procurement agents who will act on behalf of MCA-Burkina Faso, on terms acceptable to MCC, to manage the acquisition of the goods, works and services requested by MCA-Burkina Faso to implement the activities funded by this Compact, and

(g)competitively engage one or more auditors to conduct audits of its accounts. MCA-Burkina Faso will be administered and managed by the following bodies:

(a)*Le Comité d'Orientation et de Suivi* , acting as its Board of Directors (the “ *Board* ”);

(b)*L'Unité de Coordination* , acting as its management unit (the “ *Management Unit* ”); and

(c)*Le Conseil National* , acting as its stakeholders committee (the “ *Stakeholders Committee* ”). The governance of MCA-Burkina Faso will be set forth in more detail in the Program Implementation Agreement, the constitutive documents and internal regulations of MCA-Burkina Faso (“ *MCA-Burkina Faso Bylaws* ”) laying out the responsibilities of the Board, the Management Unit, and the Stakeholders Committee. The MCA-Burkina Faso Bylaws will be in accordance with MCC's Guidelines for Accountable Entities and Implementation Structures, published on the MCC Web site (the “ *Governance Guidelines* ”).

(a)Board of Directors ( *Le Comité d'Orientation et de Suivi* ).

(i)Composition. Consistent with the Decree and the Governance Guidelines, MCA-Burkina Faso shall be governed by the Board, which shall consist of those voting and non-voting members set forth in the Decree. Any alteration of the composition of the Board shall be subject to MCC approval.

(ii)Roles and Responsibilities. The Board will be responsible for overseeing the implementation of the Program, including making major decisions, such as approving annual implementation plans, disbursement requests, annual progress reports, key contracts, and reporting on policy reforms, as well as other responsibilities defined in the MCA-Burkina Faso Bylaws. The Board will have final decision-making authority over the implementation of the Program. It will meet regularly; the frequency of meetings will be set forth in the MCA-Burkina Faso Bylaws and will be in accordance with the Governance Guidelines. The specific roles of the voting and non-voting members will be set forth in the MCA-Burkina Faso Bylaws.

(b)Management Unit ( *L'Unité de Coordination* ).

(i)Composition. The Management Unit, which will be led by a competitively selected National Coordinator, also will be composed of competitively recruited Directors with expertise in the key components of the Program, a Legal Counsel, and other key Directors, including Directors of Environmental and Social Assessment, Procurement, Administration and Finance, and Monitoring and Evaluation, together with such other managers and officers as may be agreed by the Government and MCC. The Directors will be supported by appropriate staff to enable the Management Unit to execute its roles and responsibilities.

(ii)Roles and Responsibilities. The Management Unit will be based in Ouagadougou, Burkina Faso, and will be responsible for managing the day-to-day implementation of the Program with oversight from the Board. It will serve as the principal link between MCC and the Government and will be accountable for the successful execution of the Program, each Project and each Project Activity. As an administrative structure of the Government, MCA-Burkina Faso will be subject to Government audit requirements. As a recipient of MCC Funding, it will also be subject to MCC audit requirements. 4. Stakeholders Committee (Le Conseil National)

(a)Composition. The Government has established a strategic Stakeholders Committee, in conformity with the Governance Guidelines, to ensure the continuation of the consultative process throughout the implementation of the Program. The Stakeholders Committee shall consist of up to 28 members (or such other number as may be selected by the Government and approved by MCC), including deputies, mayors, regional government counselors, and representatives from banks in the project intervention zone, the private sector, environmental NGOs, women's associations, fruits and vegetable exporters, farmers' associations in the Sourou and Comoé, and religious and customary authorities. The Government also will establish, in the project intervention and project-affected areas, informal stakeholders' committees whose size and composition will reflect the sectors, activities and concerns of the Program, and include key NGOs, the private sector, civil society, and decentralized regional and local government bodies.

(b)Location. The strategic Stakeholders Committee and the informal stakeholders' committees will convene where appropriate to ensure maximum participation in providing feedback on Program and Project implementation.

(c)Roles and Responsibilities. The strategic Stakeholders Committee will serve as a feedback and accountability mechanism for MCA-Burkina Faso throughout the Program's implementation. It will be responsible for continuing the consultative process throughout Program implementation and will consult with the informal stakeholders' committees on a regular basis or at the request of an informal stakeholders' committee as set forth in the MCA-Burkina Faso Bylaws. The informal stakeholders' committees will not have decision-making authority but, at the request of the strategic Stakeholders Committee, will review certain reports, agreements and documents, including implementation documents to the extent appropriate, and provide advice and feedback regarding the Program's implementation. 5. Implementing Entities

(a)Composition. The Government and MCC have identified the principal ministries and public institutions that may or will serve as implementing entities (each, an “ *Implementing Entity* ”). Such Implementing Entities include, but are not limited to,

(i)the AMVS, within the Ministry of Agriculture;

(ii)the *Direction Générale des Routes* , within the Ministry of Infrastructure;

(iii)the *Direction Générale des Pistes Rurales* , within the Ministry of Infrastructure;

(iv)the Road Fund;

(v)the Ministry of Environment ( *Ministère de l'Environnement et du Cadre de Vie* ); and

(vi)appropriate *Directions* of the Ministry of Economic and Finance ( *Ministère de l'Economie et des Finances* ) for the Rural Land Governance Project. MCA-Burkina Faso will enter into agreements with the Implementing Entities that set forth their roles and responsibilities in connection with Program implementation.

(b)Location. The Implementing Entities will be based where appropriate to ensure maximum effectiveness in Program and Project implementation. Additional personnel to be based within the Implementing Entities may be contracted by MCA-Burkina Faso where appropriate.

(c)Roles and Responsibilities. The Implementing Entities will be responsible for the coordination of the Project Activities and of various contractors, the achievement of Project Objectives and timelines, development of Compact-related requirements (work plans, detailed financial plans, and quarterly reports), procurement (where MCC has determined that procurement tasks may be performed by the Implementing Entity), performance monitoring of contractors and such other Program-related activities as may be agreed by MCA-Burkina Faso and an Implementing Entity with the prior written approval of MCC. 6. Fiscal Agent Through a competitive process approved by MCC, the Government has appointed a fiscal agent (the “ *Fiscal Agent* ”) to provide fiscal agent services to MCA-Burkina Faso. The Fiscal Agent will provide a broad range of financial management services required by MCA-Burkina Faso to implement the Program, including funds control, disbursement documentation and management, cash management and accounting, as set forth in the Fiscal Agent Agreement. The Government shall take all appropriate actions to ensure that the Fiscal Agent performs these services in accordance with the terms of this Compact, the Program Implementation Agreement, and any other agreement to which the Fiscal Agent is a party and that all accounting in connection with the Program is in accordance with International Accounting Standards

(IAS)as contemplated by Section 3.7(b)(i) of the Compact. 7. Procurement Agent Through a competitive process approved by MCC, the Government has appointed a procurement agent (the “ *Procurement Agent* ”) to provide procurement agent services to MCA-Burkina Faso. The Procurement Agent will administer all Program and administrative procurements, and provide specified procurement appropriate activities required by MCA-Burkina Faso to implement the Program, as set forth in the Procurement Agent Agreement; *provided, however* , that the Procurement Agent shall not be responsible for those procurements administered pursuant to the Administration Agreement. The Government shall take all appropriate actions to ensure that the Procurement Agent performs these services in accordance with the terms of this Compact, the Program Implementation Agreement, and any other agreement to which the Procurement Agent is a party and in accordance with the MCC Program Procurement Guidelines. Annex II Summary of the Multi-Year Financial Plan 1. General This Annex II to this Compact (the “ *Financial Plan Annex* ”) summarizes the Multi-Year Financial Plan for the Program. Each capitalized term in this Financial Plan Annex shall have the same meaning given such term elsewhere in this Compact. Unless otherwise expressly stated, each Section reference herein is to the relevant Section of the main body of this Compact. The Multi-Year Financial Plan Summary below sets forth the estimated annual contribution of MCC Funding for Program administration, Program monitoring and evaluation, and implementing each Project. The Government's contribution of resources will consist of in-kind contributions and amounts required effectively to satisfy the requirements of Section 2.6(a) of this Compact. In accordance with the Program Implementation Agreement, the Government will develop and adopt on a quarterly basis a detailed financial plan (as approved by MCC) setting forth annual and quarterly funding requirements for the Program (including administrative costs) and for each Project, projected both on a commitment and cash requirement basis. 2. Modifications Consistent with Section 6.2(b) of this Compact, to preserve administrative flexibility, the Parties may by written agreement (or as otherwise provided in the Program Implementation Agreement), without amending this Compact, change the designations and allocations of MCC Funding among the Projects, the Project Activities, or any activity under Program administration or monitoring and evaluation, or between a Project identified as of the entry into force of this Compact and a new project. Multi-Year Financial Plan Summary (US$) Project CIF Year 1 Year 2 Year 3 Year 4 Year 5 Total 1. Rural Land Governance Project: Legal and Procedural Change and Communication 144,667 943,916 366,792 240,422 240,422 75,592 2,011,811 Institutional Development and Capacity Building 54,667 2,394,586 8,975,304 10,370,277 9,278,614 6,934,211 38,007,659 Site-Specific Land Tenure Interventions 906,078 3,871,586 3,654,951 4,992,964 4,560,964 1,928,602 19,915,145 Sub-Total 1,105,412 7,210,088 12,997,047 15,603,663 14,080,000 8,938,405 59,934,615 2. Agriculture Development Project: Water Management and Irrigation 3,838,844 6,761,835 26,576,645 34,497,680 15,805,924 3,957,941 91,438,869 Diversified Agriculture 932,758 8,349,515 11,599,192 6,685,782 6,936,923 2,001,462 36,505,632 Access to Rural Finance - 2,798,084 2,773,453 2,845,349 2,539,336 3,009,336 13,965,558 Sub-Total 4,771,602 17,909,434 40,949,290 44,028,811 25,282,183 8,968,739 141,910,059 3. Roads Project: Development of Primary Roads 300,756 1,516,858 28,241,321 69,106,730 42,638,082 422,561 142,226,308 Development of Rural Roads 37,227 74,452 4,268,032 7,665,973 5,499,910 58,779 17,604,373 Capacity Building and Technical Assistance for Road Maintenance - 1,460,000 460,000 460,000 460,000 460,000 3,300,000 Incentive Matching Fund for Periodic Road Maintenance

(IMFP)- - - 16,000,000 10,000,000 5,000,000 31,000,000 Sub-Total 337,983 3,051,310 32,969,353 93,232,703 58,597,992 5,941,340 194,130,681 4. BRIGHT 2 Schools Project: BRIGHT 2 Schools Activity 3,000,000 25,829,669 - - - - 28,829,669 Sub-Total 3,000,000 25,829,669 - - - - 28,829,669 5. Monitoring & Evaluation (M&E): Monitoring & Evaluation 450,000 1,720,000 1,210,000 1,460,000 1,360,000 1,680,000 7,880,000 Sub-Total 450,000 1,720,000 1,210,000 1,460,000 1,360,000 1,680,000 7,880,000 6. Program Administration & Oversight: MCA-Burkina Faso Program Administration 5,827,998 5,122,627 5,337,718 6,035,248 5,615,847 5,549,637 33,489,075 Fiscal Agent / Procurement Agent 608,070 2,432,280 2,432,280 2,432,280 2,432,280 2,432,280 12,769,470 Audit - 400,000 400,000 400,000 400,000 400,000 2,000,000 Sub-Total 6,436,068 7,954,907 8,169,998 8,867,528 8,448,127 8,381,917 48,258,545 Total Estimated MCC Contribution 16,101,065 63,675,408 96,295,688 163,192,705 107,768,302 33,910,401 480,943,569 Annex III Description of Monitoring and Evaluation Plan This Annex III (the “ *M&E Annex* ”) generally describes the components of the Monitoring and Evaluation Plan (“ *M&E Plan* ”) for the Program. 1. Overview MCC and the Government (or a mutually acceptable Government affiliate) will formulate, agree to and the Government will implement, or cause to be implemented, an M&E Plan that specifies

(a)how progress toward the Program goal and objectives will be monitored, (“ *Monitoring Component* ”),

(b)process and timeline for the monitoring of planned, ongoing, or completed project activities to determine their efficiency and effectiveness, and

(c)a methodology for assessment and rigorous evaluation of the outcomes and impact of the Program (“ *Evaluation Component* ”). Information regarding the Program's performance, including the M&E Plan, and any amendments or modifications thereto, as well as progress and other reports, will be made publicly available on the Web site of MCA-Burkina Faso and elsewhere. 2. Program Logic The M&E Plan will be built on a logic model which illustrates how the Program, Projects and Project activities contribute to poverty reduction and economic growth in Burkina Faso. The logic model below provides a visual representation of each Project's activities and the channels through which the activities lead to higher level outcomes and objectives. In sum, the goal of the Program is to contribute to rural economic growth and poverty reduction among targeted beneficiaries. EN22JY08.003 3. Monitoring Component To monitor progress toward the achievement of the impact and outcomes, the Monitoring Component of the M&E Plan will identify

(a)the indicators,

(b)the definitions of the indicators,

(c)the sources and methods for data collection,

(d)the frequency for data collection,

(e)the party or parties responsible, and

(f)the timeline for reporting on each indicator to MCC.

(a)Indicators. The M&E Plan will measure the results of the Program using quantitative, objective and reliable data (“ *Indicators* ”). Each indicator will have benchmarks that specify the expected value and the expected time by which that result will be achieved (“ *Target* ”). The M&E Plan will be based on a logical framework approach that classifies indicators as goal, objective, outcome, and output. The Compact Goal indicators (“ *Goal Indicators* ”) will measure the poverty reduction goal for each Project. Second, the Objective Indicator (“ *Project Objective Indicators* ”) will measure the final result of each Project. Third, Outcome and Output Indicators (“ *Project Outcome Indicators* ”) will measure the early and intermediate results of the Project activities. For each Project Outcome Indicator, Project Objective Indicator, and Goal Indicator, the M&E Plan will define a strategy for obtaining and verifying the value of such indicator prior to undertaking any activity that affects the value of such Indicator (such value, a “ *Baseline* ”). All indicators will be disaggregated by gender, income level and age, and beneficiary types to the extent practicable. Subject to prior written approval from MCC, MCA-Burkina Faso may add indicators or refine the definitions and Targets of existing indicators.

(i)Goal and Project Objectives. The M&E Plan will contain the Goal and Objective Indicators listed in the table below specifying the definition, unit of measurement, baseline, and end of Compact Target for each.

(ii)Project Outcome Indicators. The M&E Plan will contain Project Outcome Indicators which will measure the results for the 4 main Projects and are listed below with their definitions, units of observation, baseline and end of Compact Target. Prior to the disbursement of MCC Funding for any Project activity, the Implementing Entity of that Project activity must propose a final set of Activity Indicators that is approved in writing by its Project Manager, MCA-Burkina Faso and MCC. The M&E Plan will be amended to reflect the addition of such indicators. Overall goal: reduce poverty through economic growth by increasing rural incomes Unit of measurement Baseline value Year 5 target Increased income resulting from primary roads rehabilitation US$/year 0 US$12,777,574. Increased income resulting from irrigation and agricultural investments US$/year 0 US$2,750,000. Rural land governance project Indicator Definition Unit of measurement Baseline value Year 5 target Rural Land Governance Project Project Objective: Increase investment in land and rural productivity through improved land tenure security and land management Trend in incidence of conflicts over land rights Annual rate of increase of conflicts over land rights. 1 Percent TBD * Annual rate of increase in land disputes in Project areas falls by 25% (from the baseline rate of increase). Conflicts resolved Proportion of all reported land conflicts *resolved* by prefectures and *Comités Villageois de Developpement* (“ *CVDs* ”). 2 Percent Prefectures CVDs TBD * TBD * 50. 60. “Chartes Foncières” (Social pacts) completed per the new land law Number of new social pacts (commune-level land use and land management norms and procedures) completed Number 0 47. Communal land use plans completed Number of new communal land use plans

(maps)completed Number 0 47. Land planning and registration Total targeted hectares or parcels registered at the “ *Division Fiscale* ” (deconcentrated tax office) Hectares Hectares Existing agricultural development zones. 3 New zones (targeted under the Agriculture Development Project) 10,000. 2037. Parcels Ganzourgou pilot 14,500 parcels. Increased confidence in land tenure Extent of confidence in land tenure security Percent of survey respondents perceiving their land as secure Percent TBD * To 50 percent. Extent of confidence in land conflict resolution Percent of survey respondents perceiving confidence in conflict resolution mechanisms Percent TBD * To 50 percent. Increased efficiency of land institutions Average time required to obtain a title to land in rural areas Number of days required to obtain a land title in rural areas Days TBD * TBD.** Average cost required to register property Cost required to register land as property in rural areas US$ TBD * TBD.** Agriculture development project Indicator Definition Unit of measurement Baseline value Year 5 target Agriculture Development Project Project Objective: To expand productive use of land in order to increase the volume and value of agricultural production in the Project zones Volume of production of selected products in the Sourou valley 4 Rainfed Irrigated 5 Total volume of key agricultural production in the perimeters in the dry season and rainy season Tons Tons 15,571 56,485 20,000 113,000 Dry-season productivity in the Sourou valley Onion on newly irrigated perimeters Average yield of selected crops Tons/ha 15 25 Tomato and potato on newly irrigated perimeters Average yield of selected crops Tons/ha 10 25 Rice on newly irrigated perimeters Average yield of selected crops Tons/ha 4 6 Outcomes Indicator Definition Unit of measurement Baseline value Year 5 target Agriculture Development Project Increased irrigated area New area under irrigation Total new irrigated area productively exploited in the Sourou valley (hectares) Hectares 3,818 6 5,855 Improved water infrastructure and management in the Di perimeter Overall conveyance efficiency Ratio of volume of water delivered to a field as a fraction of volume taken from the Sourou river Percent N/A 75 Water use efficiency Ratio of the volume of crop water required to the volume of water delivered to the field Percent N/A 70 Water fee recovery rate Percent of annual targeted water fees collected from beneficiaries in new perimeters Percent N/A 100 Improved livestock management techniques Bovine weight gain . 7 Average bovine weight gain/head/year in participating herds Kg/head/year 39 70 Vaccine coverage against the contagious bovine péripneumonia Percent of bovines vaccinated against the bovine péripneumonia in participating herds Percent 29 65 Increased availability of credit in project areas Loan provision by the rural finance facility Total number of loans provided by the rural finance facility Number 0 1,000 Roads project Indicator Definition Unit of measurement Baseline value Year 5 target Roads Project Project Objective: Enhance access to markets through investments in the road network Average Annual Daily Traffic Traffic Counts (numbers of vehicles) Number Segment 1 Sabou—Koudougou 148 230. Koudougou—Perkoa 212 330. Perkoa—Didyr 164 195. 8 Segment 2 Dedougou—Nouna 203 330. Nouna—Bomborukuy 118 190. Bomborukuy—Frt. Mali 62 110. Segment 3 Banfora—Sindou 126 215. Volume of goods transported Volume of products transported to and from the production zones Tons TBD 9 Doubling Outcomes Indicator Definition Unit of measurement Baseline value Year 5 target Roads Project Improved road quality and reduced travel times International Roughness Index Degree of road roughness Number 12-22 for relevant roads 3.5. Access time (in minutes) to the closest market on paved roads Accessibility to the markets Minutes TBD 10 Reduced by half. Improved access to basic health infrastructure via rural roads Visits to basic health center infrastructure Percent of population visiting health centers (annual) Percent 34.08 11 46.10. Improved capacity to manage and fund road maintenance Road Maintenance coverage Percent of required *routine* maintenance completed Percent 100 100. Percent of required *periodic* maintenance completed Percent TBD TBD. 12 BRIGHT 2 schools project Indicator Definition Unit of measurement Baseline value Year 5 target BRIGHT 2 Schools Project Project Objective: Increase primary school completion rates for girls National girls' primary education completion The number of female students that have successfully completed their last year of primary school, minus the number of repeaters in that grade, divided by the total number of female children of official graduation age Percent 26.20 60 Outcomes Improve access to basic education for girls Girls' enrollment rate in BRIGHT schools The number of girls enrolled in BRIGHT schools Number 0 9,900 Improve quality of basic education for girls Girls' attendance rates at BRIGHT schools (disaggregated by school and by grade) Percent of girls who attend BRIGHT school 90% of the time (Numerator: girls who regularly attend BRIGHT schools) Percent 0 97 (Denominator: Total number of girls enrolled in BRIGHT schools) ×100 Girls' promotion rates at BRIGHT schools (disaggregated by school and by grade) The percentage of girls enrolled in one grade that continue to be enrolled in the following grade in a BRIGHT school Percent 0 90 1 Targeted Project areas will be compared to non-Project areas. *Baseline data collection will be conducted during the CIF period. 2 This will be disaggregated between conflicts resolved and conflicts reported. 3 Existing Zones:

(a)irrigated zones: Vallée du Kou, Banzon, Savili, Lac Bam, Sourou, Comoé;

(b)pastoral zones: Nouaho and Sondré Est. ** Target will be set as result of baseline. 4 Rainy season products: rice, corn, banana, papaya; Dry season products: rice, corn, wheat, banana, papaya, onion, watermelon, green bean, potato and tomato. 5 This will be disaggregated between old and new perimeters. 6 2,037 additional hectares in Di. 7 These two livestock indicator baselines are national estimates, which will be updated when participating herds are identified. 8 The traffic growth target for the Perkoa—Didyr segment includes annual normal traffic growth only and does not include generated traffic growth that would be added if this road segment were to be extended. 9 Baseline data collection will be conducted in the roads design studies. 10 Baseline data collection will be conducted in the roads design studies. 11 This baseline represents the national value. 12 To be determined based upon results of technical assistance studies.

(b)Data Collection and Reporting. The M&E Plan will establish guidelines for data collection and a reporting framework, including a schedule of MCC's Program reporting requirements and an identification of responsible parties. Compliance with data collection and reporting timelines will be conditions for disbursements for the relevant Project activities as set forth in the Program Implementation Agreement. The M&E Plan will specify the data collection methodologies, procedures, and analysis required for reporting on results at all levels. The M&E Plan will also describe any interim MCC approvals for data collection, analysis, and reporting plans.

(c)Data Quality Reviews. As determined in the M&E Plan or as otherwise requested by MCC, the quality of the data gathered through the M&E Plan will be reviewed to ensure that data reported are as valid, reliable, and timely as resources will allow. The objective of any data quality review will be to verify the quality and the consistency of performance data, across different implementation units and reporting institutions. Such data quality reviews also will serve to identify where those levels of quality are not possible, given the realities of data collection.

(d)Management Information System. The M&E Plan will describe the information system that will be used to collect data, store, process and deliver information to relevant stakeholders in such a way that the Program information collected and verified pursuant to the M&E Plan is at all times accessible and useful to those who wish to use it. The system development will take into consideration the requirements and data needs of the components of the Program, and will be aligned with MCC existing systems, other service providers, and government ministries.

(e)Role of MCA-Burkina Faso. The monitoring and evaluation of this Compact spans across 4 discrete Projects and will involve a variety of governmental, non-governmental, and private sector institutions. Except for that portion of the M&E Plan to be implemented pursuant to the Administration Agreement (relating to the BRIGHT 2 Schools Project), MCA-Burkina Faso holds full responsibility for implementation of the M&E Plan, and MCA-Burkina Faso will oversee all Compact-related monitoring and evaluation activities conducted by each of the Projects, ensuring that data from all implementing entities is consistent, and accurately reported and aggregated into regular Compact performance reports as described in the M&E Plan. 4. Evaluation Component The Evaluation Component of the M&E Plan will contain two types of evaluations: Impact Evaluations, and Project Performance Evaluations. Plans for each type of evaluation will be finalized before MCC Disbursement for specific Program or Project activities. The Evaluation Component of the M&E Plan will describe the purpose of the evaluation, methodology, timeline, required MCC approvals, as well as the process for collection and analysis of data for each evaluation. The results of all evaluations will be made publicly available in accordance with MCC's Monitoring & Evaluation Guidelines (“M&E Guidelines”).

(a)Impact Evaluation. The M&E Plan will include a description of the methods to be used for impact evaluations and plans for integrating the evaluation method into project design. Based on in-country consultation with stakeholders, the following activities outlined below were determined as having the strongest potential for rigorous impact evaluation. The M&E Plan will further outline in detail these methodologies. Final impact evaluation strategies are to be jointly determined before the approval of the M&E Plan and before entry into force of this Compact. The following are a summary of the potential impact evaluations:

(i)Rural Land Governance Project. A difference in difference evaluation will be used to make project scaling decisions. Surveys will be conducted in project and control communes on perceptions of conflict, before and after implementation of the project's pilot phase. In the event that randomized roll-out of some commune-level interventions is possible, their impact could be tested over time. An evaluation may also test spillover of impacts between communes targeted under the project and neighboring communes.

(ii)Agriculture Development Project. Randomized type and level of extension/training support to various groups, and testing spillover effects beyond the directly targeted beneficiaries. Evaluations will test impacts of combined and isolated interventions, as some producers will be receiving credit and/or irrigation as well as the technical assistance support.

(iii)Roads Project. An evaluation will be conducted to test whether the improved roads lead to greater and easier access to markets for goods and services (both sale and purchase), and whether road rehabilitation is associated with an increase in incomes for road users and/or communities surrounding rehabilitated roads, in each case pursuant to a methodology approved by MCC.

(iv)BRIGHT 2 Schools Project. A continuation of the current BRIGHT impact evaluation, using a regression discontinuity methodology to measure the program's effects on the school enrollment, attendance and performance of children. 5. Other Components of the M&E Plan In addition to the Monitoring and Evaluation Components, the M&E Plan will include the following components for the Program, Projects and Project Activities, including, where appropriate, roles and responsibilities of the relevant parties and providers:

(a)Costs. A detailed cost estimate for all components of the M&E Plan.

(b)Assumptions and Risks. Any assumptions and risks external to the Program that underlie the accomplishment of the Project Objectives and Project Activity Outcomes. However, such assumptions and risks will not excuse Parties' performance unless otherwise expressly agreed to in writing by all Parties. 6. Implementation of the M&E Plan

(a)Approval and Implementation. The approval and implementation of the M&E Plan, as amended from time to time, will be in accordance with this M&E Annex, Program Implementation Agreement, and any other relevant supplemental agreement. Annex IV Conditions to CIF Disbursements 1. Applicability The satisfaction of the conditions precedent set forth in this Annex IV, in form and substance satisfactory to MCC, shall be conditions to Disbursements of Compact Implementation Funding, *provided* that the following conditions precedent shall not apply to CIF Disbursements made or to be made pursuant to the Administration Agreement. 2. Conditions to Initial CIF Disbursement

(a)Delivery of an Interim Fiscal Accountability Plan acceptable to MCC.

(b)Delivery of a CIF Procurement Plan acceptable to MCC. 3. Conditions to All CIF Disbursements (Including Initial CIF Disbursement)

(a)Delivery of a complete, correct and fully executed CIF Disbursement request for the relevant CIF Disbursement period.

(b)MCC is satisfied, in its sole discretion, that

(i)the activity being funded by such CIF Disbursement is necessary, advisable or is otherwise consistent with the goal of facilitating the implementation of the Compact,

(ii)there has been no violation of, and the use of requested funds for purposes requested will not violate, the limitations on use or treatment of Compact Implementation Funding, and

(iii)the Government will have substantially complied with its obligations as set forth in the Compact.

(c)Each of the Fiscal Agent Agreement, the Procurement Agent Agreement, and the applicable Bank Agreement is in full force and effect without modification, alteration, rescission or suspension of any kind, unless otherwise agreed by MCC, and no material default has occurred or is continuing thereunder.

(d)Prior to any CIF Disbursement for a procurement, MCA-Burkina Faso will have established a bid challenge system acceptable to MCC; *provided,* that, this condition shall be deemed satisfied if MCA-Burkina Faso has adopted the interim bid challenge system set forth in the MCC Program Procurement Guidance on the Bid Challenge System available at *http://www.mcc.gov/documents/mcc-ppg-bidchallengesystem.pdf.*

(e)Prior to any CIF Disbursement related to the preparation of EIAs, EAs or RAPs, MCA-Burkina Faso shall ensure each of a resettlement specialist and a project management specialist has been selected and remains engaged with expertise and scope of responsibility satisfactory to MCC.

(f)MCA-Burkina shall ensure that each of its key officers, including, without limitation, its Environmental and Social Impact

(ESI)director, has been selected and remains engaged, or is actively being recruited. [FR Doc. E8-16755 Filed 7-21-08; 8:45 am] BILLING CODE 9211-03-P NATIONAL SCIENCE FOUNDATION Privacy Act of 1974; System of Records AGENCY: Office of the General Counsel, National Science Foundation. ACTION: Notice of a new Privacy Act System of Records NSF-74: National Science Foundation Child Care Subsidy Program. *System Name:* National Science Foundation Child Care Subsidy Program. SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the National Science Foundation

(NSF)gives notice of a new Privacy Act system of records: National Science Foundation Child Care Subsidy Program. This program was created as the result of Public Law 107-67, Section 630, which allows executive agencies to use appropriated funds to provide child care services for Federal civilian employees. The purpose of the records maintained in this system is to establish and verify NSF employee eligibility for child care subsidies to provide monetary assistance to them. DATES: *Effective Date:* This action shall be effective without further notice on August 21, 2008, unless comments are received during or before this period that would result in a contrary determination. *Comments Due Date:* Submit comments on or before August 21, 2008. ADDRESSES: Address all comments concerning this notice to Leslie Jensen, National Science Foundation, Office of the General Counsel, Room 1265, 4201 Wilson Boulevard, Arlington, Virginia 22230 or by sending electronic mail (e-mail) to *ljensen@nsf.gov* . SUPPLEMENTARY INFORMATION: This publication is in accordance with the Privacy Act requirement that agencies publish a new system of records in the **Federal Register** . Submit comments as an ASCII file avoiding the use of special characters and any form of encryption. Identify all comments sent in electronic E-mail with Subject Line: Comments on new system. FOR FURTHER INFORMATION CONTACT: Leslie Jensen

(703)292-5065. Dated: July 15, 2008. Lawrence Rudolph, General Counsel. National Science Foundation SYSTEM NAME: National Science Foundation Child Care Subsidy Program (NSF-74). SYSTEM LOCATION: National Science Foundation, Division of Human Resources, 4201 Wilson Boulevard, Arlington, VA 22230; and in the offices of the contract employees engaged to administer the subsidy programs. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

(1)Current employees of the National Science Foundation who voluntarily apply for a child care subsidy, their spouses, and children who are enrolled in a licensed Federal or non-Federal center, or licensed home-based care.

(2)Child-care providers of these employees. CATEGORIES OF RECORDS IN THE SYSTEM: The information collected will include the employee's name, spouse's name, employee's title, grade, home and work telephone numbers, home and work addresses, the organization in which the employee works, the employee's social security number, the spouse's social security number, the employee's tax returns, the spouse's tax returns, the name and social security number of the child on whose behalf the parent is applying for a subsidy, the child's date of birth, the date of entry into the Child Care Subsidy Program, and the amount of subsidy received; the name, address, telephone number, employer identification number (EIN), license and accreditation status of the child care center in which the employee's child(ren) is

(are)enrolled, and the dates of attendance. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301 and Executive Order 12656 of Nov. 18, 1988, on Assignment of Emergency Preparedness Responsibilities. PURPOSE OF THE SYSTEM: The primary use of the records maintained in this system is to establish and verify the National Science Foundation employee's eligibility for child care subsidies in order to provide monetary assistance to them. Other uses of the records in the system include verifying the eligibility of child care provider and verifying compliance with regulations. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 1. Information from the system may be disclosed to a Federal government authority for the purpose of coordinating and reviewing employee eligibility for the child care subsidy. 2. Information from the system may be disclosed to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual. 3. Information from the system may be disclosed to contractors, grantees, volunteers, experts, advisors, and other individuals who perform a service to or work on or under a contract, grant, cooperative agreement, advisory committee, committee of visitors, or other arrangement with or for the Federal government, as necessary to carry out their duties in pursuit of the purposes described above. The contractors are subject to the provisions of the Privacy Act. 4. Information from the system may be merged with other computer files in order to carry out statistical studies or otherwise assist NSF with program management, evaluation, and reporting. Disclosure may be made for this purpose to NSF contractors and collaborating researchers, other Government agencies, and qualified research institutions and their staffs. Disclosures are made only after scrutiny of research protocols and with appropriate controls. The results of such studies are statistical in nature and do not identify individuals. 5. Information from the system may be disclosed to the Department of Justice or the Office of Management and Budget for the purpose of obtaining advice on the application of the Freedom of Information Act or Privacy Act to the records. 6. Information from the system may be disclosed to another Federal agency, a court, or a party in litigation before a court or in an administrative proceeding being conducted by a Federal agency when the Government is a party to the judicial or administrative proceeding. 7. Information from the system may be disclosed to the Department of Justice, to the extent disclosure is compatible with the purpose for which the record was collected and is relevant and necessary to litigation or anticipated litigation, in which one of the following is a party or has an interest:

(a)NSF or any of its components;

(b)an NSF employee in his/her official capacity;

(c)an NSF employee in his/her individual capacity when the Department of Justice is representing or considering representing the employee; or

(d)the United States, when NSF determines that litigation is likely to affect the Agency. 8. Information from the system may be disclosed to representatives of the General Services Administration and the National Archives and Records Administration who are conducting records management inspections under the authority of 44 U.S.C. 2904 and 2906. 9. Information from the system may be disclosed to appropriate agencies, entities, and persons when

(1)the NSF suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;

(2)the NSF has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the NSF or another agency or entity) that rely upon the compromised information; and

(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the NSF's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are stored in paper and/or electronic format. RETRIEVABILITY: Records are retrieved by the name and social security number of employees applying for child care subsidies. SAFEGUARDS: Access to records in the system is limited to authorized personnel whose official duties require such access. Paper records are maintained in locked metal file cabinets and/or in secured rooms. Electronic records are password-protected. RETENTION AND DISPOSAL: These records will be maintained permanently until their official retention period is established. SYSTEM MANAGER(S) AND ADDRESS: Branch Chief, Employee Relations, Division of Human Resources, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230 NOTIFICATION PROCEDURES: Requests to determine whether this system contains a record pertaining to the requesting individual should be sent to the Privacy Act Officer, Office of General Counsel, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. RECORD ACCESS PROCEDURES: A request for access to records contained in the system should be addressed to the Privacy Act Officer, Office of General Counsel, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. CONTESTING RECORDS PROCEDURES: See Record Access Procedures above. RECORD SOURCE CATEGORIES: Applications for child care subsidies and supporting records, which are voluntarily submitted by NSF employees applying for child care subsidies. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-16683 Filed 7-21-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Draft Regulatory Guide: Issuance, Availability AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Issuance and Availability of Draft Regulatory Guide (DG)-1149. FOR FURTHER INFORMATION CONTACT: Satish Aggarwal, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-6005 or to e-mail *Satish.Aggarwal@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)has issued for public comment a draft guide in the agency's “Regulatory Guide” series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled, “Qualification of Safety-Related Motor Centers for Nuclear Power Plants,” is temporarily identified by its task number, DG-1149, which should be mentioned in all related correspondence. This regulatory guide describes a method that the staff of the NRC deems acceptable for complying with the Commission's regulations for the qualification of safety-related motor control centers for nuclear power plants. IEEE Std. 649-2006, “IEEE Standard for Qualifying Class 1E Motor Control Centers for Nuclear Power Generating Stations,” published on December 29, 2006, was developed by the Working Group on Motor Control Centers (SC 2.14) of the Nuclear Power Engineering Committee of the Institute of Electrical and Electronics Engineers

(IEEE)and was approved by the IEEE-SA Standards Board on September 15, 2006. The standard provides basic principles, requirements, and methods for qualifying safety-related motor control centers for both harsh and mild environment applications in nuclear power plants. The demonstration that an installed motor control center will meet its design specification requires many steps: A program of quality assurance, design, qualification, production quality control, installation, maintenance, periodic testing, and surveillance. However, the scope of IEEE Std. 649-2006 is limited to qualification. The purpose of qualification is to provide assurance that the motor control center is capable of performing its required safety functions with no failure mechanisms that could lead to common mode failures under the postulated conditions specified in the equipment specification. Clause 9.5 of IEEE Std 649-2006 references IEEE Std 344-2004, “Recommended Practice for Seismic Qualification of Class 1E Equipment for Nuclear Power Generating Stations,” and provides additional guidance for seismic qualification of motor control centers. The vast majority of seismic qualification tests on motor control centers were performed with input frequencies up to only 33 Hz. Attempts to utilize such past test experience data for seismic qualification of motor control centers is not considered appropriate. Recent studies related to the early site permit applications at certain east coast hard rock-based plants indicated that the site-specific spectra may exceed the certified design spectra of new proposed plants in the very high frequency range (from 20 Hz up to 100 Hz). Plants located in the Central and Eastern United States on hard-rock should evaluate whether motor control center's components (such as digital components) could be affected by the high frequency earthquake ground motion. These objectives should be accomplished using qualification methods (type testing, operating experience, analysis as a supplement to type testing and operating experience, ongoing qualification, or any combination thereof). However, the preferred method of qualification is type testing. II. Further Information The NRC staff is soliciting comments on DG-1149. Comments may be accompanied by relevant information or supporting data, and should mention DG-1149 in the subject line. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC's Agencywide Documents Access and Management System (ADAMS). Personal information will not be removed from your comments. You may submit comments by any of the following methods: 1. *Mail comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 2. *E-mail comments to: NRCREP@nrc.gov.* 3. *Hand-deliver comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. 4. *Fax comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission at

(301)415-5144. Requests for technical information about DG-1149 may be directed to the NRC Senior Program Manager, Satish Aggarwal at

(301)415-6005 or e-mail to *Satish.Aggarwal@nrc.gov* . Comments would be most helpful if received by September 19, 2008. Comments received after that date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of DG-1149 are available through the NRC's public Web site under Draft Regulatory Guides in the “Regulatory Guides” collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/* . Electronic copies are also available in ADAMS ( *http://www.nrc.gov/reading-rm/adams.html)* , under Accession No. ML072760149. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4209, by fax at

(301)415-3548, and by e-mail to *PDR@nrc.gov* . Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. Dated at Rockville, Maryland, this 16th day of July, 2008. For the Nuclear Regulatory Commission. Harriet Karagiannis, Acting Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E8-16729 Filed 7-21-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-282 and 50-306] Nuclear Management Company, LLC.; Prairie Island Nuclear Generating Plant, Units 1 and 2; Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Process Nuclear Management Company, LLC.

(NMC)has submitted an application for renewal of Facility Operating Licenses No. DPR-42 and DPR-60 for an additional 20 years of operation at the Prairie Island Nuclear Generating Plant, Units 1 and 2 (PINGP). PINGP is located in the city of Red Wing, Minnesota, on the west bank of the Mississippi River. The operating licenses for PINGP, Units 1 and 2, expire on August 9, 2013, and October 29, 2014, respectively. The application for renewal, dated April 11, 2008, and supplemented by letter dated May 16, 2008, was submitted pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 54. A notice of receipt and availability of the application, which included the environmental report (ER), was published in the **Federal Register** on May 6, 2008 (73 FR 25034), as corrected on May 27, 2008 (73 FR 30423). A notice of acceptance for docketing of the application for renewal of the facility operating license was published in the **Federal Register** on June 17, 2008 (73 FR 34335). The purpose of this notice is to inform the public that the U.S. Nuclear Regulatory Commission

(NRC)will be preparing an environmental impact statement

(EIS)related to the review of the license renewal application and to provide the public an opportunity to participate in the environmental scoping process, which is described in 10 CFR 51.29. In addition, as outlined in 36 CFR 800.8, “Coordination with the National Environmental Policy Act,” the NRC plans to coordinate compliance with Section 106 of the National Historic Preservation Act in meeting the requirements of the National Environmental Policy Act of 1969 (NEPA). In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, NMC submitted the ER as part of the application. The ER was prepared pursuant to 10 CFR Part 51 and is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or from the NRC's Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at *http://adamswebsearch.nrc.gov/dologin.htm* . The Accession Numbers for the ER are ML081130677, ML081130681, and ML081130684. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at *pdr@nrc.gov* . The ER may also be viewed on the Internet at *http://www.nrc.gov/reactors/operating/licensing/renewal/applications/prairie-island.html* . In addition, the ER is available for public inspection near PINGP at the Red Wing Public Library, 225 East Ave, Red Wing, MN 55066. This notice advises the public that the NRC intends to gather the information necessary to prepare a plant-specific supplement to the Commission's “Generic Environmental Impact Statement

(GEIS)for License Renewal of Nuclear Plants,” (NUREG-1437) related to the review of the application for renewal of the PINGP operating licenses for an additional 20 years. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. The NRC is required by 10 CFR 51.95 to prepare a supplement to the GEIS in connection with the renewal of an operating license. This notice is being published in accordance with NEPA and the NRC's regulations found in 10 CFR Part 51. The NRC will first conduct a scoping process for the supplement to the GEIS and, as soon as practicable thereafter, will prepare a draft supplement to the GEIS for public comment. Participation in the scoping process by members of the public and local, State, Tribal, and Federal government agencies is encouraged. The scoping process for the supplement to the GEIS will follow 10 CFR 51.29 and will be used to: a. Define the proposed action which is to be the subject of the supplement to the GEIS. b. Determine the scope of the supplement to the GEIS and identify the significant issues to be analyzed in depth. c. Identify and eliminate from detailed study those issues that are peripheral or that are not significant. d. Identify any environmental assessments and other EISs that are being or will be prepared that are related to, but are not part of, the scope of the supplement to the GEIS being considered. e. Identify other environmental review and consultation requirements related to the proposed action. f. Indicate the relationship between the timing of the preparation of the environmental analyses and the Commission's tentative planning and decision-making schedule. g. Identify any cooperating agencies and, as appropriate, allocate assignments for preparation and schedules for completing the supplement to the GEIS to the NRC and any cooperating agencies. h. Describe how the supplement to the GEIS will be prepared, and include any contractor assistance to be used. The NRC invites the following entities to participate in scoping: a. The applicant, Nuclear Management Company, LLC. b. Any Federal agency that has jurisdiction by law or special expertise with respect to any environmental impact involved, or that is authorized to develop and enforce relevant environmental standards. c. Affected State and local government agencies, including those authorized to develop and enforce relevant environmental standards. d. Any affected Indian tribe. e. Any person who requests or has requested an opportunity to participate in the scoping process. f. Any person who has petitioned or intends to petition for leave to intervene. In accordance with 10 CFR 51.26, the scoping process for an EIS may include a public scoping meeting to help identify significant issues related to a proposed activity and to determine the scope of issues to be addressed in an EIS. The NRC has decided to hold public meetings for the PINGP license renewal supplement to the GEIS. The scoping meetings will be held at the Red Wing Public Library, 225 East Ave., Red Wing, MN 55066, on Wednesday, July 30, 2008. There will be two sessions to accommodate interested parties. The first session will convene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second session will convene at 7 p.m. with a repeat of the overview portions of the meeting and will continue until 10 p.m., as necessary. Both meetings will be transcribed and will include:

(1)An overview by the NRC staff of the NEPA environmental review process, the proposed scope of the supplement to the GEIS, and the proposed review schedule; and

(2)the opportunity for interested government agencies, organizations, and individuals to submit comments or suggestions on the environmental issues or the proposed scope of the supplement to the GEIS. Additionally, the NRC staff will host informal discussions one hour prior to the start of each session at the same location. No formal comments on the proposed scope of the supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meetings or in writing, as discussed below. Persons may register to attend or present oral comments at the meetings on the scope of the NEPA review by contacting the NRC Project Manager, Mr. Richard Plasse, by telephone at 1-301-415-1427, or by e-mail to the NRC at *richard.plasse@nrc.gov* no later than July 24, 2008. Members of the public may also register to speak at the meeting within 15 minutes of the start of each session. Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Public comments will be considered in the scoping process for the supplement to the GEIS. Mr. Plasse will need to be contacted no later than July 24, 2008, if special equipment or accommodations are needed to attend or present information at the public meeting, so that the NRC staff can determine whether the request can be accommodated. Members of the public may send written comments on the environmental scope of the PINGP license renewal review to: Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Comments may also be delivered to the NRC, Room T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, from 7:30 a.m. to 4:15 p.m. during Federal workdays. To be considered in the scoping process, written comments should be postmarked by September 22, 2008. Electronic comments may be sent by e-mail to the NRC at *PrairieIslandEIS@nrc.gov* , and should be sent no later than September 22, 2008, to be considered in the scoping process. Comments will be available electronically and accessible through ADAMS at *http://adamswebsearch.nrc.gov/dologin.htm* . Participation in the scoping process for the supplement to the GEIS does not entitle participants to become parties to the proceeding to which the supplement to the GEIS relates. Notice of opportunity for a hearing regarding the renewal application was the subject of the aforementioned **Federal Register** notice (73 FR 34335). Matters related to participation in any hearing are outside the scope of matters to be discussed at this public meeting. At the conclusion of the scoping process, the NRC will prepare a concise summary of the determination and conclusions reached, including the significant issues identified, and will send a copy of the summary to each participant in the scoping process. The summary will also be available for inspection in ADAMS at *http://adamswebsearch.nrc.gov/dologin.htm* . The staff will then prepare and issue for comment the draft supplement to the GEIS, which will be the subject of separate notices and separate public meetings. Copies will be available for public inspection at the above-mentioned addresses, and one copy per request will be provided free of charge. After receipt and consideration of the comments, the NRC will prepare a final supplement to the GEIS, which will also be available for public inspection. Information about the proposed action, the supplement to the GEIS, and the scoping process may be obtained from Mr. Plasse at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 15th day of July 2008. For the Nuclear Regulatory Commission. Rani Franovich, Branch Chief, Projects Branch 2, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E8-16731 Filed 7-21-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on ESBWR; Notice of Meeting The ACRS Subcommittee on the Economic Simplified Boiling Water Reactor (ESBWR) will hold a meeting on August 21-22, 2008, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland. The meeting will be open to public attendance, with the exception of a portion that may be closed to protect information that is proprietary to General Electric-Hitachi

(GEH)Nuclear Energy and its contractors pursuant to 5 U.S.C. 552b(c)(4). The agenda for the subject meeting shall be as follows: Thursday, August 21, 2008—8:30 a.m.-5 p.m. Friday, August 22, 2008—8:30 a.m.-5 p.m. The Subcommittee will review the probabilistic risk analysis supporting the Safety Evaluation Report with Open Items associated with the ESBWR Design Certification Application. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, GEH, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Dr. Harold J. Vandermolen (telephone: 301-415-6236), five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Detailed procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 26, 2007 (72 FR 54695). Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 8:30 a.m. and 5 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: July 14, 2008. Cayetano Santos, Chief, Reactor Safety Branch A, Advisory Committee on Reactor Safeguards. [FR Doc. E8-16728 Filed 7-21-08; 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 21, 28, August 4, 11, 18, 25, 2008. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Week of July 21, 2008. Wednesday, July 23, 2008 1:25 p.m. Affirmation Session (Public Meeting) (Tentative). a. U.S. Department of Energy (High Level Waste Repository)—Petitions of the State of Nevada and Dr. Jacob Paz to Reject the Department of Energy's

(DOE)Application to Construct a Geologic Repository at Yucca Mountain, Nevada (Tentative). b. 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 Wednesday, July 30, 2008 1:30 p.m. Discussion of Management Issues (Closed—Ex. 2). 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) (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. Week of August 25, 2008—Tentative There are no meetings scheduled for the week of August 25, 2008. The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,

(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html* . The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov* . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov* . Dated: July 17, 2008. Rochelle C. Bavol, Office of the Secretary. [FR Doc. 08-1458 Filed 7-18-08; 10:23am]

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