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Code · REGISTER · 2008-07-25 · PROPOSED RULES · Agricultural Agricultural Marketing Service PROPOSED RULES Irish Potatoes Grown in Colorado; Reinstatement of the Continuing Assessment Rate, 43375-43378 E8-17089 Walnuts Grown in California; Increase · Unknown

Unknown. Direct final rule

125,376 words·~570 min read·/register/2008/07/25/08-1466

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

--- schema: federal-register doc_type: fedreg source_file: FR-2008-07-25.xml --- 73 144 Friday, July 25, 2008 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Irish Potatoes Grown in Colorado; Reinstatement of the Continuing Assessment Rate, 43375-43378 E8-17089 Walnuts Grown in California; Increased Assessment Rate, 43378-43381 E8-17088 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Forest Service See National Agricultural Statistics Service NOTICES Privacy Act;
Systems of Records, 43398-43400 E8-17052 Army Army Department See Engineers Corps NOTICES Privacy Act; System of Records, E8-17027 43413-43418 E8-17028 E8-17029 E8-17030 E8-17032 Privacy Act; Systems of Records, 43418-43434 E8-17008 E8-17009 E8-17011 E8-17013 E8-17014 E8-17015 E8-17016 E8-17017 E8-17018 E8-17019 E8-17022 E8-17023 E8-17035 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 43406-43407 E8-17067 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43449-43450 E8-17117 Medicare Program: Advisory Panel on Ambulatory Payment Classification Groups; Announcement of Three New Members, 43450-43451 E8-17169 Practicing Physicians Advisory Council; Request for Nominations and Meeting, 43451-43453 E8-17057 Coast Guard Coast Guard RULES Special Local Regulations for Marine Events:
Patapsco River, Inner Harbor, Baltimore, MD, 43358-43360 E8-17055 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-17059 43405-43406 E8-17060 E8-17061 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 43403-43405 E8-17104 E8-17105 Commodity Commodity Credit Corporation NOTICES Cotton and Peanuts; 2008-Crop Marketing Assistance Loans and Loan Deficiency Payments, 43400 E8-17001 Defense Defense Department See Army Department See Engineers Corps PROPOSED RULES Civilian Health and Medical Program of the Uniformed Services/TRICARE: Inclusion of TRICARE Retail Pharmacy Program in Federal Procurement of Pharmaceuticals, 43394-43397 E8-17024 NOTICES Privacy Act;
Systems of Records, 43411-43413 E8-17020 Drug Drug Enforcement Administration RULES Control of a Chemical Precursor Used in the Illicit Manufacture of Fentanyl as a List I Chemical, 43355-43357 E8-17034 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43438-43439 E8-17058 E8-17116 Engineers Engineers Corps NOTICES Availability of Information Bulletins: Replacement Lock, Sault Lock Complex, Sault Sainte Marie, MI, 43434 E8-17073 Environmental Impact Statements;
Availability, etc.: Nebraska Department of Roads Nebraska Highway 12 Niobrara East and West Project, 43434-43435 E8-17077 Nourishment of 25,000 feet of Beach in Topsail Beach, Pender County, NC, 43435-43438 E8-17079 EPA Environmental Protection Agency RULES Determination of Attainment for the Ozone National Ambient Air Quality Standards for Nonattainment Areas: Delaware, District of Columbia, Maryland, Pennsylvania, and Virginia, 43360-43362 E8-16475 PROPOSED RULES Federal Requirements Under the Underground Injection Control
(UIC)Program: Carbon Dioxide
(CO2)Geologic Sequestration
(GS)Wells, 43492-43541 E8-16626 National Ambient Air Quality Standards for Lead: Extension Comment Period; Correction, 43489 Z8-15579 NOTICES Administrative Settlement: Bally TCE Superfund Site, Bally, Berks County, PA, 43439-43440 E8-17085 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43440-43441 E8-17090 Award of United States-Mexico Border Program Grants Authorized by the Consolidated Appropriations Act, 2008, and Grant Guidance, 43441 E8-17087 Determinations: Massachusetts Marine Sanitation Device Standard, 43441-43442 E8-17101 Development of Land-Use Scenarios Consistent with Climate Change Emissions Storylines, 43442-43443 E8-17086 Environmental Impact Statements; Availability, etc.: Comments Availability, 43443-43444 E8-17098 Weekly receipt, 43444 E8-17097 Meetings: Clean Air Scientific Advisory Committee's Oxides of Nitrogen Primary NAAQS Review Panel, 43444-43445 E8-17093 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43445-43447 E8-17070 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Amendment of Class E Airspace: Salyer Farms, CA, 43348-43349 E8-16966 Establishment of Class E Airspace: Eek, AK, 43349 E8-16974 Revision of Class E Airspace: Gulkana, AK, 43352 E8-16968 Kake, AK, 43353 E8-16970 Kivalina, AK, 43353-43354 E8-16977 Prospect Creek, AK, 43350 E8-16961 Red Dog, AK, 43351 E8-16962 NOTICES Intent to Rule on Request to Release Airport Property: Liberal Mid-America Regional Airport, Liberal, KS, 43482-43483 E8-17005 Rialto Municipal Airport, Rialto, San Bernardino County, CA, 43483 E8-17003 Petition for Exemption; Summary of Petition Received, 43483-43484 E8-16982 E8-16984 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43447-43448 E8-17100 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 43448 E8-17012 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: NYS Route 17, Access Control Project, NY, 43484-43485 E8-17107 FTC Federal Trade Commission RULES Telemarketing Sales Rule Fees, 43354-43355 E8-17064 Fish Fish and Wildlife Service NOTICES Draft Comprehensive Conservation Plan and Environmental Assessment: Leopold and St. Croix Wetland Management Districts in Wisconsin, 43468-43469 E8-17106 Food Food and Drug Administration NOTICES Meetings: Science Advisory Board to the National Center for Toxicological Research, 43453 E8-17136 Forest Forest Service PROPOSED RULES Special Areas; Roadless Area Conservation; Applicability to the National Forests in Colorado, 43544-43565 E8-17109 NOTICES Environmental statements; availability, etc.: Genesis Inc. 2009 Exploration Drilling Project, Kootenai National Forest, Lincoln County, MT, 43400-43402 E8-17063 Forest Service Manual 2360 for Heritage Program Management; Availablity of Final Directive, 43402-43403 E8-17111 GSA General Services Administration NOTICES Bulletins: Federal Travel Regulations; Relocation Allowances-Standard Mileage Rate for Moving Purposes, 43448-43449 E8-17091 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection PROPOSED RULES Privacy Act of 1974: Implementation of Exemptions; Border Crossing Information, 43374-43375 E8-17122 NOTICES Privacy Act; Systems of Records, 43457-43465 E8-17123 E8-17126 Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 43467 E8-16752 Industry Industry and Security Bureau PROPOSED RULES Additional Protocol Regulations, 43568-43600 E8-16815 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43407-43408 E8-17066 Export Trade Certificate of Review, 43408-43409 E8-17026 Rescission of Antidumping Duty New Shipper Review: Brake Rotors from People's Republic of China, 43409 E8-17099 International International Trade Commission NOTICES Investigations: Certain Steel Nails from China, 43474-43475 E8-17095 Laser Imageable Lithgraphic Printing Plates, 43475 E8-17096 Justice Justice Department See Drug Enforcement Administration Labor Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43475-43477 E8-17006 E8-17078 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Chokecherry and Sierra Madre Wind Energy Project, WY, 43469-43470 E8-17071 Filing of Plats of Survey: Idaho, 43470-43471 E8-17069 Realty Action: Recreation and Public Purposes Act Classification of Public Lands in Sweetwater County, WY, 43471 E8-17076 Record of Decision: Fire, Fuels and Related Vegetation Management Direction Plan Amendment, 43471-43472 E8-17115 Utah's Resource Advisory Council; Call for Nominations, 43472 E8-17125 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43403 E8-17039 NIH National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 43454-43456 E8-17021 E8-17031 Meetings: National Institute of Mental Health, 43456 E8-17033 National Institute of Neurological Disorders and Stroke, 43456 E8-17053 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area, 43362-43373 E8-17144 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43409-43410 E8-17065 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities from Vandenberg Air Force Base, CA, 43410-43411 E8-17112 National Science National Science Foundation NOTICES Federal Networking and Information Technology Research & Development Program; Invitation to Submit White Papers to Inform the Five-Year Strategic Plan, 43477-43478 E8-16975 Permits Issued Under the Antarctic Conservation Act, 43478 E8-17007 Nuclear Nuclear Regulatory Commission PROPOSED RULES Denials of Petitions for Rulemaking: James Salsman, 43381-43385 E8-17108 NOTICES Environmental Assessment and Finding of No Significant Impact for License Amendment: Great Lakes Environmental Research Laboratory; Ann Arbor, MI, 43478-43479 E8-17118 Withdrawal Of Application: Nuclear Management Co., LLC, 43479-43480 E8-17110 Postal Postal Regulatory Commission RULES Administrative Practice and Procedure; Postal Service; Correction, 43489 Z8-16904 Presidential Presidential Documents ADMINISTRATIVE ORDERS Export control regulations; continuation of emergency (Notice of July 23, 2008), 43601-43603 08-1467 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43480-43481 E8-17068 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Cachuma Lake Resource Management Plan, Santa Barbara County, CA, 43472-43473 E8-17072 Millerton Lake Resource Management Plan/General Plan, Madera and Fresno Counties, CA, 43473-43474 E8-17074 SEC Securities and Exchange Commission NOTICES Order of Suspension of Trading: SwedishVegas, Inc., 43481 08-1466 SBA Small Business Administration RULES Nonprocurement Suspension and Debarment Officials; Amendments to the definition, 43347-43348 E8-16902 NOTICES Disaster Declarations: Iowa, 43481 E8-17083 E8-17084 Michigan, 43481-43482 E8-17081 Vermont, 43482 E8-17082 Statistical Statistical Reporting Service See National Agricultural Statistics Service Surface Surface Transportation Board NOTICES Control Exemption: Kern W. Schumacher, V&S Railway, Inc., and Louisiana & Mississippi Railway, LLC, et al., 43485-43486 E8-16743 Intra-Corporate Family Exemption: Waterloo Railway Co. and Illinois Central Railroad Co., 43486 E8-16838 Intra-Corporate Family Merger Exemption: St. Clair Tunnel Co. and Grand Trunk Western Railroad Inc., 43486 E8-16839 Operation Exemptions: FPN-USA, Inc.; Tijuana-Tecate Shortline, 43487 E8-17103 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department PROPOSED RULES Uniform Rules of Origin for Imported Merchandise, 43385-43394 E8-17025 MISSING FOR: U.S.-China Economic and Security Review Commission U.S.-China Economic and Security Review Commission NOTICES Meetings, 43487-43488 E8-17010 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43465-43467 E8-17036 E8-17037 E8-17038 Customs U.S. Customs and Border Protection PROPOSED RULES Uniform Rules of Origin for Imported Merchandise, 43385-43394 E8-17025 Veterans Veterans Affairs Department NOTICES Disciplinary Appeals Board Panel; Roster of Employees Available for Review and Comment, 43488 E8-17124 Separate Parts In This Issue Part II Environmental Protection Agency, 43492-43541 E8-16626 Part III Agriculture Department, Forest Service, 43544-43565 E8-17109 Part IV Commerce Department, Industry and Security Bureau, 43568-43600 E8-16815 Part V Executive Office of the President, Presidential Documents, 43601-43603 08-1467 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 144 Friday, July 25, 2008 Rules and Regulations SMALL BUSINESS ADMINISTRATION 2 CFR Part 2700 RIN 3245-AF76 Amendments to the Definition of the Nonprocurement Suspension and Debarment Officials AGENCY: U.S. Small Business Administration. ACTION: Direct final rule. SUMMARY: The U.S. Small Business Administration (SBA or Agency) is making two technical changes to the regulations pertaining to grants and agreements. SBA is amending the definitions for the debarring official and the suspending official for nonprocurement debarment and suspension actions for programs other than the financial assistance programs. Currently the debarring official and the suspending official for all programs other than financial assistance is the Director of the Office of Business Operations. This rule will change the debarring official and suspending official to the Associate General Counsel for Procurement Law. SBA is also amending its regulations to change the title of the Agency's Office of Lender Oversight to the Office of Credit Risk Management. DATES: This rule is effective September 8, 2008, without further action, unless SBA receives a significant adverse comment by August 25, 2008. If SBA receives any significant adverse comments, the Agency will publish a timely withdrawal of this rule in the **Federal Register** . ADDRESSES: You may submit comments, identified by RIN: 3245-AF76, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting documents. • *Mail, for paper, disk, or CD-ROM submissions:* Lara Hudson, Office of General Counsel, 409 Third Street, SW., Washington, DC 20416. • *Hand Delivery/Courier:* Lara Hudson, Office of General Counsel, 409 Third Street, SW., Washington, DC 20416. SBA will post all comments on *http://www.regulations.gov.* If you wish to submit confidential business information
(CBI)as defined in the User Notice at *http://www.regulations.gov,* please submit the information to Lara Hudson, Office of General Counsel, 409 Third Street, SW., Washington, DC 20416, or send an e-mail to *lara.hudson@sba.gov,* and highlight the information that you consider to be CBI and explain why you believe SBA should hold this information as confidential. SBA will review the information and make its final determination of whether it will publish the information or not. FOR FURTHER INFORMATION CONTACT: Lara Hudson, Attorney Advisor, Office of General Counsel, U.S. Small Business Administration, 409 Third St., SW., Washington, DC 20416, telephone 202-619-0563 and e-mail: *lara.hudson@sba.gov.* SUPPLEMENTARY INFORMATION: On September 18, 2007 SBA moved the regulations pertaining to nonprocurement debarment and suspension from title 13 of the Code of Federal Regulations
(CFR)to title 2 of the CFR. 72 FR 39727. The regulations state that the debarring official and the suspending official for non procurement financial assistance programs is the Director of the Office of Lender Oversight. The regulations also state that the debarring official and suspending official for all other non procurement programs is the Director of the Office of Business Operations. SBA is amending its regulations to reflect the new title of the Agency's Office of Lender Oversight. That office is now known as the Office of Credit Risk Management. No changes are made to the responsibilities, reporting relationships, or other regulatory duties of that office. SBA is also amending the designation for the debarring and suspending official for all other nonprocurement programs from the Director of the Office of Business Operations to the Associate General Counsel for Procurement Law. The purpose for this change is to conform SBA's debarring and suspending official to those commonly used across the Federal Government. The substance of SBA's nonprocurement debarment and suspension regulations are unchanged. Consideration of Comments This is a direct final rule and SBA will review all comments. SBA believes that this rule is routine and non-controversial, and SBA anticipates no significant adverse comments to this rulemaking. If SBA receives any significant adverse comments, it will publish a timely withdrawal of this direct final rule. Compliance With Executive Orders 12866, 12988, 13132 and the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Paperwork Reduction Act (44 U.S.C. Ch. 35) The Office of Management and Budget
(OMB)has determined that this rule does not constitute a significant regulatory action under Executive Order 12866. This action meets applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The action does not have retroactive or preemptive effect. The final rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, for the purposes of Executive Order 13132, Federalism, SBA determines that this final rule has no federalism implications warranting preparation of a federalism assessment. SBA has determined that this final rule does not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C., Chapter 35. SBA certifies that this proposed rule would not have a significant impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612. The proposed rule contains amendments to SBA's rules concerning certification, continued eligibility, and contracting under the 8(a) BD program. Any economic impact would be minimal and would not affect a significant number of small entities. It is not likely to have an annual economic effect of $100 million or more, result in a major increase in costs or prices, or have a significant adverse effect on competition or the United States economy. List of Subjects in 2 CFR Part 2700 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, SBA amends 2 CFR Part 2700 as follows: PART 2700—NONPROCUREMENT DEBARMENT AND SUSPENSION 1. The authority citation for part 2700 continues to read as follows: Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989, 1986 Comp., p. 235); 15 U.S.C. 634(b)(6). §§ 2700.137, 2700.930, and 2700.1010 [Amended] 2. In 2 CFR Part 2700 remove the words “Office of Lender Oversight” and add in their place the words “Office of Credit Risk Management” in the following places: a. Section 2700.137. b. Section 2700.930. c. Section 2700.1010. §§ 2700.930 and 2700.1010 [Amended] 3. In addition to the amendments set forth above, in 2 CFR Part 2700 remove the words “Director of the Office of Business Operations” and add in its place the words “Associate General Counsel for Procurement Law” in the following places: a. Section 2700.137. b. Section 2700.930. c. Section 2700.1010. Jovita Carranza, Acting Administrator. [FR Doc. E8-16902 Filed 7-24-08; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0330; Airspace Docket No. 08-AWP-4] Amendment of Class E Airspace; Salyer Farms, CA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will amend Class E airspace at Salyer Farms, CA. The El Rico Airport mentioned in the published description has been abandoned, making it necessary to realign the Class E Airspace area at Salyer Farms Airport. This action also makes a minor correction by removing the Salyer Farms RBN in the airport description. DATES: *Effective Date* : 0901 UTC, September 25, 2008. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Area, 1601 Lind Avenue SW., Renton, WA 98057; telephone
(425)203-4537. SUPPLEMENTARY INFORMATION: History On April 23, 2008, the FAA published in the **Federal Register** a notice of proposed rulemaking to amend controlled airspace at Salyer Farms, CA, (73 FR 21857). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Also, subsequent to publication, it was noted that the decommissioned Salyer Farms RBN was not removed from the airport description. This rule will make the correction. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9R signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending the Class E airspace area at Salyer Farms, CA. El Rico Airport has been abandoned, and the Salyer Farms RBN decommissioned, making it necessary to realign the airspace area at Salyer Farms Airport. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAAs authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 discusses the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace at Salyer Farms Airport, Salyer Farms, CA. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007 is amended as follows: Paragraph 6005 Class E Airspace areas extending upward from 700 feet or more above the surface of the earth. AWP CA E5 Salyer Farms, CA [Amended] Salyer Farms Airport, CA (Lat. 36°05′20″ N., long. 119°32′33″ W.) Salyer Farms NDB (Lat. 36°03′58″ N., long. 119°32′14″ W.) That airspace extending upward from 700 feet above the surface within 6.6-mile radius of Salyer Farms Airport and within 2 miles each side of the 149 bearing from the Salyer Farms NDB, extending from the 6.6-mile radius to 7 miles southeast of the Salyer Farms NDB. Issued in Seattle, Washington, on July 14, 2008 . Kevin Nolan, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. E8-16966 Filed 7-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0447; Airspace Docket No. 08-AAL-8] Establishment of Class E Airspace; Eek, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace at Eek, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs) and Obstacle Departure Procedures (ODPs). Two SIAPs and a textual ODP are being developed for the Eek Airport at Eek Alaska. This action establishes Class E airspace upward from 700 feet (ft.) above the surface at the Eek Airport, Eek, AK. DATES: *Effective Date:* 0901 UTC, September 25, 2008. The Director of the **Federal Register** approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: History On Thursday, May 29, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to establish Class E airspace upward from 700 ft. above the surface at Eek, AK (73 FR 30822). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Eek Airport. Class E controlled airspace extending upward from 700 ft. above the surface in the Eek Airport area is established by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 establishes Class E airspace at the Eek Airport, Alaska. This Class E airspace is established to accommodate aircraft executing instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Eek Airport, Eek, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Eek Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Eek, AK [New] Eek, Eek Airport, AK (Lat. 60°13′07″ N., long. 162°01′25″ W.) That airspace extending upward from 700 feet above the surface within an 8-mile radius of the Eek Airport, AK. Issued in Anchorage, AK, on July 17, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-16974 Filed 7-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0456; Airspace Docket No. 08-AAL-15] Revision of Class E Airspace; Prospect Creek, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Prospect Creek, AK, to provide adequate controlled airspace to contain aircraft executing Special Instrument Approach Procedures
(IAPs)and Special Obstacle Departure Procedures (ODPs). Three Special IAPs are being developed for the Prospect Creek Airport. Addtionally, two Special IAPs and a Special ODP are being amended. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Prospect Creek Airport, Prospect Creek, AK. DATES: *Effective Date:* 0901 UTC, September 25, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov* . Internet address: *http://www.alaska.faa.gov/at* . SUPPLEMENTARY INFORMATION: History On Thursday, May 29, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from 700 ft. above the surface and from 1,200 ft. above the surface at Prospect Creek, AK (73 FR 30824). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Prospect Creek Airport. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Prospect Creek Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Prospect Creek Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing new and amended instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Prospect Creek Airport, Prospect Creek, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Prospect Creek Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71— DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Prospect Creek, AK [Revised] Prospect Creek, Prospect Creek Airport, AK (Lat. 66°48′50″ N., long. 150°38′37″ W.) That airspace extending upward from 700 feet above the surface within an 11-mile radius of the Prospect Creek Airport, AK, and extending 2 miles either side of a line from 66°55′50″ N. 150°32′43″ W. to 67°02′47″ N. 150°34′16″ W. extending beyond the 11-mile radius, and 4.5 miles east and 4 miles west of the 214° bearing from the Prospect Creek Airport, AK, extending from the 11-mile radius to 13 miles southwest of the Prospect Creek Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 72-mile radius of the Prospect Creek Airport, AK. Issued in Anchorage, AK, on July 17, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-16961 Filed 7-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0457; Airspace Docket No. 08-AAL-16] Revision of Class E Airspace; Red Dog, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Red Dog, AK, to provide adequate controlled airspace to contain aircraft executing Special Instrument Approach Procedures
(IAPs)and Special Obstacle Departure Procedures (ODPs). A Special IAP and a Special Obstacle Departure Procedure
(ODP)are being developed for the Red Dog Airport. Additionally, a Special IAP is being amended. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Red Dog Airport, Red Dog, AK. DATES: *Effective Date:* 0901 UTC, September 25, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov* . Internet address: *http://www.alaska.faa.gov/at* . SUPPLEMENTARY INFORMATION: History On Thursday, May 29, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from 700 ft. above the surface and from 1,200 ft. above the surface at Red Dog, AK (73 FR 30829). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Red Dog Airport. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Red Dog Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Red Dog Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing new and amended instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Red Dog Airport, Red Dog, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Red Dog Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Red Dog, AK [Revised] Red Dog, Red Dog Airport, AK (Lat. 68°01′56″ N., long. 162°54′14″ W.) That airspace extending upward from 700 feet above the surface within an 11-mile radius of the Red Dog Airport, AK, and within 2 miles either side of the 219° bearing from the Red Dog Airport, AK, extending from the 11-mile radius to 14.5 miles southwest of the Red Dog Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 72.5-mile radius of the Red Dog Airport, AK. Issued in Anchorage, AK, on July 17, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-16962 Filed 7-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0448; Airspace Docket No. 08-AAL-9] Revision of Class E Airspace; Gulkana, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Gulkana, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being amended for the Gulkana Airport. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Gulkana Airport, Gulkana, AK. The present Class E2 Surface Area is not being amended. DATES: *Effective Date:* 0901 UTC, September 25, 2008. The Director of the **Federal Register** approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: History On Thursday May 29, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from 700 ft. above the surface and from 1,200 ft. above the surface at Gulkana, AK (73 FR 30828). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Gulkana Airport. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Gulkana Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Gulkana Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing amended instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Gulkana Airport, Gulkana, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Gulkana Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Gulkana, AK [Revised] Gulkana, Gulkana Airport, AK (Lat. 62°09′18″ N., long. 145°27′16″ W.) Gulkana VOR/DME, AK (Lat. 62°09′14″ N., long. 145°26′50″ W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Gulkana Airport, AK, and within 4 miles either side of the 178° radial of the Gulkana VOR/DME, AK, extending from the 6.5-mile radius to 12.5 miles south of the Gulkana Airport, AK, and within 4 miles either side of the 351° radial of the Gulkana VOR/DME, AK, extending from the 6.5-mile radius to 12.5 miles north of the Gulkana Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 67-mile radius of the Gulkana Airport, AK. Issued in Anchorage, AK, on July 17, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-16968 Filed 7-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0451; Airspace Docket No. 08-AAL-10] Revision of Class E Airspace; Kake, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Kake, AK to provide adequate controlled airspace to contain aircraft executing public and private (Special) Instrument Approach and Departure Procedures. A Standard Instrument Approach Procedure
(SIAP)and Standard Instrument Departure
(SID)procedure are being developed for the Kake Airport. Additionally, a Special Area Navigation
(RNAV)SID and two SIAPs are being amended. This action revises existing Class E airspace upward from 700 feet (ft.) above the surface at Kake Airport, Kake, AK. DATES: *Effective Date:* 0901 UTC, September 25, 2008. The Director of the **Federal Register** approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: History On Thursday May 29, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from 700 ft. above the surface at Kake, AK (73 FR 30825). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Kake Airport. Class E controlled airspace extending upward from 700 ft. above the surface in the Kake Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Kake Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing new and amended instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Kake Airport, Kake, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Kake Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Kake, AK [Revised] Kake, Kake Airport, AK (Lat. 56°57′41″ N., long. 133°54′37″ W.) That airspace extending upward from 700 feet above the surface within a 7.1-mile radius of the Kake Airport, AK. Issued in Anchorage, AK, on July 17, 2008. Anthony M. Wylie Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-16970 Filed 7-24-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0452; Airspace Docket No. 08-AAL-11] Revision of Class E Airspace; Kivalina, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Kivalina, AK, to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs) and Obstacle Departure Procedures (ODPs). Two SIAPs are being amended for the Kivalina Airport. Additionally, one textual ODP is being developed. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Kivalina Airport, Kivalina, AK. DATES: *Effective Date:* 0901 UTC, September 25, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *ary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: History On Thursday May 29, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from 700 ft. above the surface and from 1,200 ft. above the surface at Kivalina, AK (73 FR 30827). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Kivalina Airport. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Kivalina Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Kivalina Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing new and amended instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Kivalina Airport, Kivalina, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Kivalina Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points,* signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Kivalina, AK [Revised] Kivalina, Kivalina Airport, AK (Lat. 67°44′10″ N., long. 164°33′49″ W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Kivalina Airport, AK, and 3.9 miles either side of the 317° bearing from the Kivalina Airport, AK, extending from the 6.5-mile radius to 11.1 miles northwest of the Kivalina Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the Kivalina Airport, AK. Issued in Anchorage, AK, on July 17, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-16977 Filed 7-24-08; 8:45 am] BILLING CODE 4910-13-P FEDERAL TRADE COMMISSION 16 CFR Part 310 RIN: 3084-AA98 Telemarketing Sales Rule Fees AGENCY: Federal Trade Commission. ACTION: Final rule. SUMMARY: The Federal Trade Commission (the “Commission” or “FTC”) is amending its Telemarketing Sales Rule (“TSR”) by updating the fees charged to entities accessing the National Do Not Call Registry (“the Registry”) so that they conform to the fee structure specified in the recently enacted Do-Not-Call Registry Fee Extension Act of 2007. DATES: *Effective Date:* This amendment will become effective on October 1, 2008. ADDRESSES: Requests for copies of this document should be sent to: Public Reference Branch, Federal Trade Commission, Room 130, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Copies of this document are also available on the Internet at the Commission's Web site: *http://www.ftc.gov.* FOR FURTHER INFORMATION CONTACT: Kelly A. Horne,
(202)326-3031, Division of Planning & Information, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: To comply with the Do-Not-Call Registry Fee Extension Act of 2007 (Pub. L. 110-188, 122 Stat. 635) (“Act”), the Commission is revising the Final Amended Fee Rule in the following manner: The revised rule decreases the annual fee for access to the Registry for each area code of data to $54 per area code, or $27 per area code of data during the second six months of an entity's annual subscription period. The maximum amount that would be charged to any single entity for accessing area codes of data is decreased to $14,850. The revised rule retains the provisions regarding free access to the first five area codes of data by all entities, as well as free access by “exempt” organizations. As required by the Act, it expands the definition of “exempt” organizations to include any person permitted to access, but not required to access, the do-not-call registry, not only under the TSR, the Federal Communication Commission's do-not-call rules found at 47 CFR 64.1200, or any other Federal law, but also under *any other Federal regulation.* Additionally, in accordance with the Act, beginning after fiscal year 2009, the dollar amounts charged shall be increased by an amount equal to the amounts specified in the Final Amended Fee Rule, whichever fee is applicable, multiplied by the percentage (if any) by which the average of the monthly consumer price index (for all urban consumers published by the Department of Labor) (“CPI”) for the most recently ended 12-month period ending on June 30 exceeds the CPI for the 12-month period ending June 30, 2008. Any increase shall be rounded to the nearest dollar. There shall be no increase in the dollar amounts if the change in the CPI is less than 1 percent. The adjustments to the applicable fees, if any, shall be published in the **Federal Register** no later than September 1 of each year. Administrative Procedure Act; Regulatory Flexibility Act; Paperwork Reduction Act The revisions to the Fee Rule are technical in nature and merely incorporate statutory changes to the TSR. These statutory changes have been adopted without change or interpretation at this time, making public comment unnecessary. Therefore, the Commission has determined that the notice and comment requirements of the Administrative Procedure Act do not apply. *See* 5 U.S.C. 553(b). For this reason, the requirements of the Regulatory Flexibility Act also do not apply. *See* 5 U.S.C. 603, 604. Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521, the Office of Management and Budget (“OMB”) approved the information collection requirements in the Amended TSR and assigned the following existing OMB Control Number: 3084-0097. The amendments outlined in this Final Rule pertain only to the fee provision (sec. 310.8) of the Amended TSR and will not establish or alter any recordkeeping, reporting, or third-party disclosure requirements elsewhere in the Amended TSR. Accordingly, the Federal Trade Commission amends part 310 of title 16 of the Code of Federal Regulations as follows: PART 310—TELEMARKETING SALES RULE 1. The authority citation for part 310 continues to read as follows: Authority: 15 U.S.C. 6101-6108; 15 U.S.C. 6151-6155. 2. Revise §§ 310.8(c) and
(d)to read as follows: § 310.8 Fee for access to the National Do Not Call Registry.
(c)The annual fee, which must be paid by any person prior to obtaining access to the National Do Not Call Registry, is $54 for each area code of data accessed, up to a maximum of $14,850; *provided,* however, that there shall be no charge to any person for accessing the first five area codes of data, and *provided further,* that there shall be no charge to any person engaging in or causing others to engage in outbound telephone calls to consumers and who is accessing area codes of data in the National Do Not Call Registry if the person is permitted to access, but is not required to access, the National Do Not Call Registry under this Rule, 47 CFR 64.1200, or any other Federal regulation or law. Any person accessing the National Do Not Call Registry may not participate in any arrangement to share the cost of accessing the registry, including any arrangement with any telemarketer or service provider to divide the costs to access the registry among various clients of that telemarketer or service provider.
(d)Each person who pays, either directly or through another person, the annual fee set forth in § 310.8(c), each person excepted under § 310.8(c) from paying the annual fee, and each person excepted from paying an annual fee under § 310.4(b)(1)(iii)(B), will be provided a unique account number that will allow that person to access the registry data for the selected area codes at any time for the twelve month period beginning on the first day of the month in which the person paid the fee (“the annual period”). To obtain access to additional area codes of data during the first six months of the annual period, each person required to pay the fee under § 310.8(c) must first pay $54 for each additional area code of data not initially selected. To obtain access to additional area codes of data during the second six months of the annual period, each person required to pay the fee under § 310.8(c) must first pay $27 for each additional area code of data not initially selected. The payment of the additional fee will permit the person to access the additional area codes of data for the remainder of the annual period. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E8-17064 Filed 7-24-08; 8:45 am] BILLING CODE 6750-01-P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1310 [Docket No. DEA-299F] RIN 1117-AB12 Control of a Chemical Precursor Used in the Illicit Manufacture of Fentanyl as a List I Chemical AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION: Final rule. SUMMARY: The Drug Enforcement Administration
(DEA)is finalizing the Interim Rule with Request for Comment published in the **Federal Register** on April 23, 2007. The Interim Rule controlled the chemical N-phenethyl-4-piperidone
(NPP)as a List I chemical under the Controlled Substances Act. Clandestine laboratories are using this chemical to illicitly manufacture the schedule II controlled substance fentanyl. No comments to the Interim Rule were received. This Final Rule finalizes the regulations without change. DATES: *Effective Date:* July 25, 2008. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD., Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, Virginia 22152 at
(202)307-7183. SUPPLEMENTARY INFORMATION: Background On April 23, 2007 (72 FR 20039), the Drug Enforcement Administration
(DEA)published an Interim Rule with Request for Comment which established regulations controlling the chemical N-phenethyl-4-piperidone
(NPP)as a List I chemical under the Controlled Substances Act (CSA). This action was taken because DEA was extremely concerned with the increase in the illicit manufacture and distribution of fentanyl, which resulted in more than 1,000 confirmed or suspected fentanyl-related overdoses and fentanyl-related deaths across the country. Fentanyl is a schedule II controlled substance. Fentanyl and analogues of fentanyl are the most potent opioids available for human and veterinary use. Fentanyl produces opioid effects that are indistinguishable from morphine or heroin. However, fentanyl has a greater potency and a shorter duration of action. Fentanyl is approximately 50 to 100 times more potent than morphine and 30 to 50 times more potent than heroin depending on the physiological or behavioral endpoints being measured, the route of administration, and other factors. The legitimate medical use of fentanyl is for anesthesia and analgesia, but fentanyl's euphoric effects are highly sought after by narcotic addicts. Fentanyl can serve as a direct pharmacological substitute for heroin in opioid dependent individuals. However, fentanyl is a very dangerous substitute for heroin because the amount that produces a euphoric effect also induces respiratory depression. Furthermore, due to fentanyl's increased potency over heroin, illicit drug dealers have trouble adjusting (“cutting”) pure fentanyl into proper dosage concentrations. As a result, drug abusers have difficulty determining how much to take to get their “high” and sometimes mistakenly take a lethal quantity of the fentanyl. Unfortunately, only a slight excess in the amount of fentanyl taken can be, and is often, lethal because the resulting level of respiratory depression is sufficient to cause the user to stop breathing. In April 2006, DEA issued an officer safety alert regarding the special precautions that must be observed when handling and processing suspected fentanyl. DEA is concerned with the unusual health hazards posed to law enforcement officers and forensic chemists from exposure to high purity fentanyl during law enforcement operations. Since high purity fentanyl can be fatal if sub-milligram quantities are accidentally swallowed, inhaled, or absorbed through the skin, the potential for lethal fentanyl exposure to law enforcement officers and chemists exists during raids of fentanyl clandestine laboratories, during seizures of drug exhibits, and during subsequent testing of pure fentanyl in the forensic laboratories. Illicit Manufacture of Fentanyl As discussed extensively in the Interim Rule with Request for Comment, DEA determined from the forensic testing of seized illicit fentanyl that the chemical NPP was being used to illicitly manufacture fentanyl. Since 2000, four of the five domestic fentanyl clandestine laboratories seized by law enforcement have used NPP as starting material to manufacture the illicit fentanyl. From these four domestic clandestine laboratories, about 800 grams equivalent of pure fentanyl were seized. Furthermore, enough of the unused NPP precursor chemical was also seized to make an additional 5,000 grams of pure fentanyl. Therefore, from the amount of illicit fentanyl and precursor chemicals found at these four domestic fentanyl laboratories, the laboratories could have potentially generated a total of 5,800 grams of illicit fentanyl. Since fentanyl is potent in sub-milligram quantities, the subsequent “cutting” of 5,800 grams of illicit fentanyl would be sufficient to make about 46 million fentanyl doses. Three of the domestic fentanyl clandestine laboratories seized by law enforcement are known to have obtained the NPP precursor chemical from domestic suppliers. The Interim Rule made the purchase of NPP from domestic or international suppliers a regulated transaction. In this way, DEA will be informed of the sale of NPP and can take appropriate action, if necessary. Thus, DEA regulated the chemical NPP as a List I chemical under the CSA (21 U.S.C. 801 *et seq.* ). Furthermore, under 21 U.S.C § 811(e) of the CSA, DEA also intends to control ANPP as a schedule II immediate precursor to fentanyl under a separate rulemaking. Illicit Fentanyl-Related Deaths The distribution of illicit fentanyl or illicit fentanyl combined with heroin or cocaine has resulted in an outbreak of more than 1,000 confirmed or suspected fentanyl-related overdoses and fentanyl-related deaths across the country according to the Centers for Disease Control and Prevention
(CDC)and local medical examiners. DEA terms fentanyl-related deaths “suspected” until confirmed through the completion of an autopsy, a positive toxicological testing result for fentanyl in the blood, and the reporting of the death to the DEA. As discussed in the Interim Rule with Request for Comment, from the information and data collected, there is strong indication that the fentanyl in these confirmed and suspected fentanyl-related deaths is illicitly manufactured rather than diverted from legal pharmaceutical manufacturers. The current forensic data suggests that most of these fentanyl-related deaths are from fentanyl illicitly manufactured using NPP. Availability of the Precursor Chemical DEA determined that the precursor chemical, NPP, is readily available from commercial chemical suppliers. DEA identified at least 62 suppliers of NPP, of which 14 are located domestically and 48 are located internationally in Germany, India, and China. Since 2000, law enforcement has evidence to support that the NPP precursor chemical was obtained from domestic suppliers for three domestic fentanyl clandestine laboratories. Further, a fentanyl clandestine laboratory in Mexico is believed to have obtained the NPP precursor chemical from an international supplier. Law enforcement identified four separate chemical suppliers that have distributed NPP to illicit fentanyl clandestine laboratories. Regulation of NPP as a List I Chemical Based on the above, on April 23, 2007, DEA published an Interim Rule with Request for Comment (72 FR 20039) controlling NPP as a List I chemical. That rule made the domestic sale of NPP a regulated transaction. That rule also made the importation of NPP from an international supplier a regulated transaction. Documenting the domestic sale and importation of NPP is needed by law enforcement to identify the domestic diversion of NPP for the illicit manufacture of fentanyl in the United States. Finally, that rule specified that chemical mixtures containing NPP were not exempt from regulatory requirements at any concentration, unless an application for exemption of a chemical mixture is submitted by a NPP manufacturer and the application is reviewed and accepted by DEA under 21 CFR 1310.13. Comments Received DEA did not receive any comments to its Interim Rule with Request for Comment (72 FR 20039, April 23, 2007) controlling NPP as a List I chemical and regulating all chemical mixtures containing NPP. Therefore, DEA is hereby finalizing that Interim Final Rule without change. Regulatory Certifications Administrative Procedure Act (5 U.S.C. 553) An agency may find good cause to exempt a rule from certain provisions of the Administrative Procedure Act (5 U.S.C. 553), including making the rule effective upon the date of publication. DEA finds good cause to make this rule effective upon publication, as this Final Rule merely confirms existing regulatory requirements implemented as part of the Interim Rule with Request for Comment published April 23, 2007, at 72 FR 20039. Regulatory Flexibility Act and Small Business Concerns The Acting Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)). Some of the firms DEA identified as potentially handling NPP are small entities. The highest cost that the rule would impose on these firms is less than $2,500 for registration. The smallest firm (1 to 4 employees) in the organic chemical sector has annual revenues of about $1.1 million. For those not already registered with DEA, the cost of registration represents 0.2 percent of annual revenues, which does not constitute a significant economic impact. DEA did not receive any comments to its Interim Rule controlling NPP as a List I chemical. Therefore, the Acting Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities. Executive Order 12866 The Acting Administrator certifies that this rulemaking has been drafted in accordance with the principles in Executive Order 12866 Section 1(b). It has been determined that this is “not a significant regulatory action.” Therefore, this action has not been reviewed by the Office of Management and Budget. Executive Order 12988 This regulation meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform. Executive Order 13132 This rulemaking does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. Paperwork Reduction Act With publication of the Interim Final Rule controlling NPP as a List I chemical (72 FR 20039), persons handling NPP became subject to CSA List I regulatory requirements. Any person who manufactures, distributes, imports, or exports NPP must register with DEA. As discussed in the Interim Rule, DEA has identified 14 domestic chemical companies who would be required to register with DEA if they continued to handle NPP. Persons wishing to register with DEA to handle List I chemicals must do so using DEA Form 510, Application for Registration under Domestic Chemical Diversion Control Act of 1993, and persons wishing to renew their registration must do so using DEA Form 510a, Renewal Application for Registration under Domestic Chemical Diversion Control Act of 1993 [OMB control # 1117-0031]. With publication of the Interim Rule, DEA received approval from the Office of Management and Budget to revise this information collection as discussed above. Persons importing, exporting, and conducting international transactions involving NPP must comply with regulatory requirements regarding the notification of DEA of pending transactions. As DEA had no information on which to estimate how many of the 14 identified firms import, export, or conduct international transactions with NPP, DEA estimated that all identified firms conduct such transactions. DEA estimated that each firm will conduct five import transactions and two export transactions annually. DEA did not identify any firms serving as United States brokers conducting international transactions involving NPP. Therefore, DEA did not estimate any international transactions involving NPP. Persons importing, exporting, and conducting international transactions involving List I chemicals report those transactions to DEA on DEA Form 486, Import/Export Declaration for List I and List II chemicals [OMB control # 1117-0023]. With publication of the Interim Rule, DEA received approval from the Office of Management and Budget to revise this information collection as discussed above. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $120,000,000 or more (adjusted for inflation) in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This rule is not a major rule as defined by section 804 of the Congressional Review Act/Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act). This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in cost or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 21 CFR Part 1310 Drug traffic control, Exports, Imports, List I and List II chemicals, Reporting and recordkeeping requirements. Adoption as Final Rule The Interim Rule amending part 1310 of Title 21, of the Code of Federal Regulations, which published in the **Federal Register** on April 23, 2007 at 72 FR 20039, is hereby adopted as a Final Rule without change. Dated: July 17, 2008. Michele M. Leonhart, Acting Administrator. [FR Doc. E8-17034 Filed 7-24-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2008-0392] RIN 1625-AA08 Special Local Regulations for Marine Events; Patapsco River, Inner Harbor, Baltimore, MD AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing special local regulations during the “Pride of Baltimore Recycled Regatta”, a marine event to be held August 2, 2008 on the waters of the Patapsco River, Inner Harbor, Baltimore, MD. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Baltimore Inner Harbor during the event. DATES: This rule is effective from 2:30 p.m. to 9:30 p.m. on August 2, 2008. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2008-0392 and are available online at *http://www.regulations.gov.* This material is also available for inspection or copying at two locations: the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays and the Fifth Coast Guard District office, 431 Crawford Street, Portsmouth, VA 23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard District, Inspections and Investigations Branch, at
(757)398-6204. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Regulatory Information On June 2, 2008, we published a notice of proposed rulemaking
(NPRM)entitled Special Local Regulations for Marine Events; Patapsco River, Inner Harbor, Baltimore, MD in the **Federal Register** (73 FR 31394). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Delaying the effective date would be contrary to public interest, because immediate action is needed to ensure the safety of the event participants, spectator craft and other vessels transiting the event area. However advance notification will be made to users of the Patapsco River, Baltimore Inner Harbor, via marine information broadcasts, Local Notice to Mariners, commercial radio stations and local area newspapers. Background and Purpose On August 2, 2008, Pride of Baltimore, Inc. will sponsor “Pride of Baltimore Recycled Regatta” at the Inner Harbor in Baltimore, MD. The event will consist of approximately 30 boats built from recycled materials attempting to traverse a designated course that extends over the water immediately adjacent to the southwest corner of the promenade surrounding the Baltimore Inner Harbor. The regulated area originates at the southwest corner of the Inner Harbor adjacent to the Maryland Science Center and extends outward over the water within an approximately 150 yard arc. Due to the need for vessel control during the event, the Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, spectators and other transiting vessels. Discussion of Comments and Changes The Coast Guard did not receive comments in response to the notice of proposed rulemaking
(NPRM)published in the **Federal Register** . Accordingly, the Coast Guard is establishing temporary special local regulations on specified waters of the Patapsco River, Inner Harbor, Baltimore, MD. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Although this regulation will prevent traffic from transiting a portion of the Baltimore Inner Harbor during the event, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the extensive advance notifications that will be made to the maritime community via the Local Notice to Mariners, marine information broadcasts, and area newspapers, so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary. Vessel traffic may be able to transit the regulated area at slow speed when event activity is halted, when the Coast Guard Patrol Commander deems it is safe to do so. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This temporary rule would affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the effected portion of the Baltimore Inner Harbor during the event. Although this regulation prevents traffic from transiting a small segment of the Baltimore Inner Harbor during the event, this rule would not have a significant economic impact on a substantial number of small entities for the following reasons. This temporary rule would be in effect for only a limited period. Vessel traffic may be able to transit the regulated area when event activity is halted, when the Coast Guard Patrol Commander deems it is safe to do so. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 5100.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded under the Instruction that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(h.), of the Instruction, from further environmental documentation. Under figure 2-1, paragraph (34)(h.), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—REGATTAS AND MARINE PARADES 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Add a temporary § 100.T05-0392 to read as follows: § 100.T05-0392 Patapsco River, Inner Harbor, Baltimore, MD.
(a)*Definitions:* The following definitions apply to this section:
(1)*Coast Guard Patrol Commander* means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore to act on his behalf.
(2)*Official Patrol* means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.
(3)*Participant* includes all vessels participating in the Pride of Baltimore Recycled Regatta under the auspices of a Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Baltimore.
(4)*Regulated area* includes the waters of the Patapsco River, Baltimore, MD, Inner Harbor within the immediate vicinity of the southwest corner of the harbor adjacent to the Maryland Science Center. The area is bounded on the south and west by the shoreline promenade, bounded on the north by a line drawn along latitude 39°16′58″ North and bounded on the east by a line drawn along longitude 076°36′36.5″ West. All coordinates reference Datum NAD 1983.
(b)*Special local regulations:*
(1)Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area.
(2)The operator of any vessel in the regulated area shall:
(i)Stop the vessel immediately when directed to do so by any Official Patrol.
(ii)Proceed as directed by any Official Patrol.
(iii)When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the event area.
(c)*Effective period.* This section will be enforced from 2:30 p.m. to 9:30 p.m. on August 2, 2008. Dated: July 15, 2008. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E8-17055 Filed 7-24-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2008-0109; FRL-8694-8] Determination of Attainment for the Ozone National Ambient Air Quality Standards for Nonattainment Areas in Delaware, District of Columbia, Maryland, Pennsylvania, and Virginia AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA has determined that two severe 1-hour ozone nonattainment areas, Philadelphia-Wilmington-Trenton, and the Metropolitan Washington, DC, attained the 1-hour ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of November 15, 2005. EPA has also determined that these areas are not subject to the imposition of the penalty fees under section 185 of the Clean Air Act (CAA). These determinations of attainment are not a redesignation to attainment for these severe areas for which air quality monitoring data indicates attainment of the standard. EPA is issuing this final action to fulfill obligations to make such determinations under the CAA. DATES: *Effective Date:* This final rule is effective on August 25, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2008-0109. All documents in the docket are listed in the *http://www.regulations.gov* Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *http://www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: Christopher Cripps,
(215)814-2179, or by e-mail at *cripps.christopher@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us,” and “our” refer to EPA. I. Background On April 28, 2008, (73 FR 22896), EPA published a notice of proposed rulemaking
(NPR)for these actions. The NPR proposed to determine that two severe 1-hour ozone nonattainment areas, Philadelphia-Wilmington-Trenton, and Metropolitan Washington, DC, attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005, and, proposed to find that these areas are not subject to the imposition of the penalty fees under section 185 of the CAA. These proposals were based on three years of complete, quality-assured ambient air quality monitoring data for 2003 through 2005 ozone seasons. These proposed determinations of attainment were not a redesignation to attainment for these severe areas for which air quality monitoring data indicates attainment of the standard. We received two letters supporting the proposed actions and received no adverse public comments on the NPR. The background for this action, the requirements of section 185 of the CAA, and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. The geographic boundaries of each nonattainment area affected by this action can be found in the NPR (73 FR 22896 at 22896-22897, April 28, 2008). *See also* , the tables entitled “Ozone (1-Hour Standard)” in the following sections of 40 CFR part 81: §§ 81.308, 81.309, 81.321, 81.339 and 81.347 for Delaware, the District of Columbia, Maryland, Pennsylvania, and Virginia, respectively. Note that for each State the codification of these determinations in 40 CFR part 52 the name of the 1-hour severe ozone nonattainment area used is the name of that area as it appears in the table entitled “Ozone (1-Hour Standard)” in 40 CFR part 81 for that State. II. Final Action A. Philadelphia Area Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Philadelphia-Wilmington-Trenton, severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that this area is not subject to the imposition of the section 185 penalty fees. B. Washington Area Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Metropolitan Washington, DC, severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that this area is not subject to the imposition of the section 185 penalty fees. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this final action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 Fed. Reg. 28355 (May 22, 2001)). This final action determines that two areas have attained a previously-established NAAQS based on an objective review of measured air quality data and imposes no additional requirements. Accordingly, the Administrator certifies that these final rules will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et. seq.* ). Because these rules do not impose any additional enforceable duties, they do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). These final rules also do not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will they have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because these final actions determine that each of two areas has attained a Federal standard, and do not alter the relationship or the distribution of power and responsibilities established in the CAA. In addition, these rules do not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. These final rules also are not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because they are not economically significant. These rules do not involve establishment of technical standards, and thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the “Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings” issued under the executive order. These final rules do not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.,* as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 23, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action that determines that the Philadelphia-Wilmington-Trenton and Metropolitan Washington, DC, severe zone nonattainment areas attained the 1-hour ozone NAAQS and are not required to impose section 185 penalty fees may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: July 8, 2008. Donald S. Welsh, Regional Administrator, Region III. PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart I—Delaware 2. Section 52.426 is amended by adding paragraph
(f)to read as follows: § 52.426 Control strategy plans for attainment and rate-of-progress: Ozone.
(f)Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees. Subpart J—District of Columbia 3. Section 52.476 is amended by adding paragraph
(d)to read as follows: § 52.476 Control strategy: Ozone.
(d)Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees. Subpart V—Maryland 4. Section 52.1076 is amended by adding paragraphs
(o)and
(p)to read as follows: § 52.1076 Control strategy plans for attainment and rate-of-progress: Ozone.
(o)Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington, DC severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington, DC severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.
(p)Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees. Subpart NN—Pennsylvania 5. Section 52.2037 is amended by adding paragraph
(n)to read as follows: § 52.2037 Control strategy plans for attainment and rate-of-progress: Ozone.
(n)Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees. Subpart VV—Virginia 6. Section 52.2428 is amended by adding paragraph
(e)to read as follows: § 52.2428 Control Strategy: Carbon monoxide and ozone.
(e)Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington, DC severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington, DC severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees. [FR Doc. E8-16475 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070917520-8831-03] RIN 0648-AW06 Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS issues a final rule that implements Amendment 89 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area
(FMP)to establish Bering Sea habitat conservation measures. Amendment 89 prohibits nonpelagic trawling in certain waters of the Bering Sea subarea to protect bottom habitat from the potential adverse effects of nonpelagic trawling. Amendment 89 also establishes the Northern Bering Sea Research Area for studying the impacts of nonpelagic trawling on bottom habitat. This rule is necessary to protect portions of the Bering Sea subarea bottom habitat from the potential effects of nonpelagic trawling and to provide the opportunity to further study the effects of nonpelagic trawling on bottom habitat. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. DATES: Effective August 25, 2008. ADDRESSES: Copies of the FMP amendment, maps of the Bering Sea subarea nonpelagic trawl closure areas and Northern Bering Sea Research Area, and the Environmental Assessment/Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) for this action may be obtained from NMFS Alaska Region, P. O. Box 21668, Juneau, AK 99802, or from the Alaska Region NMFS website at *http://www.alaskafisheries.noaa.gov.* FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228. SUPPLEMENTARY INFORMATION: The Bering Sea and Aleutian Islands Management Area
(BSAI)groundfish fisheries are managed under the FMP. The North Pacific Fishery Management Council (Council) prepared the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations implementing the FMP appear at 50 CFR parts 679 and 680. General regulations governing U.S. fisheries also appear at 50 CFR part 600. Background In June 2007, the Council recommended closing areas in the Bering Sea subarea to nonpelagic trawling as a precautionary measure to prevent the potential adverse effects of nonpelagic trawling on portions of bottom habitat. These areas are
(1)the Bering Sea Habitat Conservation Area (BSHCA);
(2)the St. Lawrence Island Habitat Conservation Area;
(3)the St. Matthew Island Habitat Conservation Area;
(4)the Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area; and
(5)the Northern Bering Sea Research Area (NBSRA). These closed areas include locations that have not been previously fished with nonpelagic trawl gear, nearshore bottom habitat areas that support subsistence marine resources, blue king crab habitat, and a research area for further study of the potential impacts of nonpelagic trawling on bottom habitat. The closed areas that extend into State of Alaska waters apply to federally permitted vessels operating in State of Alaska waters. Detailed background information for each of the closed areas is in the preamble to the proposed rule (73 FR 12357, March 7, 2008). The Council submitted Amendment 89 for review by the Secretary of Commerce, and a notice of availability of the amendment was published in the **Federal Register** on February 27, 2008 (73 FR 10415), with comments on the amendment invited through April 28, 2008. The comments on the proposed rule were invited through April 21, 2008. The FMP was approved by the Secretary of Commerce on May 19, 2008. Regulatory Amendments This final rule adds definitions to § 679.2 and new coordinate tables and figures for the areas closed to nonpelagic trawling and the research area. The definitions for the BSHCA; NBSRA; and Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area refer to Tables 42, 43, and 44, and Figures 16, 17, and 21 to part 679, respectively, because of the complexity of the area boundaries. The definitions for the St. Lawrence Island Habitat Conservation Area and St. Matthew Island Habitat Conservation Area refer to Tables 45 and 46 to part 679 for the area boundaries; no figures are necessary due to the simple shapes of these closures. This final rule also adds § 679.22(a)(16) through
(20)to close the BSHCA; St. Matthew Island Habitat Conservation Area; St. Lawrence Island Habitat Conservation Area; Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area; and NBSRA to nonpelagic trawling. Comments and Responses NMFS received eight comments from individuals, the Council, and groups on the notice of availability for Amendment 89 (73 FR 10415, February 27, 2008). NMFS received 6,266 comments from individuals, the Council, and organizations on the proposed rule (73 FR 12357, March 7, 2008). The majority of comments on the proposed rule were form letters in support of the action. A large number of those comments came from individuals located outside the United States. No changes were made in the final rule from the proposed rule. The following summarizes and responds to the 19 unique comments received on the notice of availability for the FMP amendment and the proposed rule. *Comment 1* : Fishing quotas are too high and allow marine life to starve and to be decimated. People in the higher economic classes should reduce their consumption of fish to allow the seas to restock, and their bounty to rebound. Any fishing activity that competes for prey with sensitive, endangered, or threatened species, or adversely modifies habitat that supports these species should be prohibited. All trawling should be prohibited because it decimates the sea floor for 50 years, is environmentally destructive, and is an unsustainable practice for short term profits. All nonpelagic trawling in the Bering Sea should be prohibited because not doing so inadequately protects unique benthic species and habitats and the sensitive, threatened, and endangered species that depend on such habitat and that are increasingly imperiled in the Bering Sea ecosystem. The proposed rule is grandfathering nonpelagic trawling in all areas where such activity has already occurred. The impacts in the current fishing locations should be considered the baseline for protection of the Bering Sea, not the ceiling. There are other fishing methods less invasive than nonpelagic trawling that achieve higher productivity and protect our oceans, making sure we will not overfish our resources. No one needs trawling. *Response* : Fishing quotas are based on the best available science to allow for sustainable harvest of target species and in consideration of potential impacts on the marine ecosystem. For the Alaska groundfish fisheries, no information indicates that any target species are being overfished or that marine life is starved or decimated due to groundfish fishing activities. Trawling can have various effects on bottom habitat depending on the type of trawl gear and the bottom features where fishing occurs. Trawl gear can be either pelagic, which is used primarily in the water column or nonpelagic, which is used on the bottom. Recovery times for a trawled area can vary depending on the type of bottom habitat and organisms impacted. More information about the impacts of trawling on bottom habitat is available in the EA/RIR/FRFA for this action (see ADDRESSES ) and in the Environmental Impact Statement for Essential Fish Habitat Identification and Conservation in Alaska, available from the NMFS Alaska Region website at *http://www.fakr.noaa.gov/habitat/seis/efheis.htm.* Nonpelagic trawling is the most effective method for harvesting certain groundfish species in the Bering Sea. These species include flatfish and other species which occur on or near the ocean bottom. A complete ban on the use of trawl gear throughout the Bering Sea is not supported by the best scientific information available. Selective restrictions on the use of nonpelagic trawl gear where impacts are most likely to be a concern are more appropriate. The Council and NMFS have implemented restrictions on nonpelagic trawling to reduce the potential impact of nonpelagic trawl gear on certain bottom habitat in the Aleutian Islands subarea and in the Gulf of Alaska (71 FR 36694, June 28, 2006) and numerous nonpelagic trawl closures are already in effect for the Bering Sea, which are further described in the EA/RIR/FRFA (see ADDRESSES ). This final rule implements restrictions on nonpelagic trawl gear to protect certain bottom habitats in the Bering Sea subarea, taking into consideration protection of habitat that supports sensitive, endangered, and threatened species. *Comment 2* : We support protecting the northern Bering Sea bottom habitat from the destructive effects of nonpelagic trawling. The Bering Sea habitat conservation measures would allow for the management of the fisheries in a sustainable manner, provide for research on the potential effects of nonpelagic trawling on bottom habitat, account for the socioeconomic effects on fishery participants, and include consideration of subsistence resource users. Religious and cultural heritage combine to compel our protection of our natural resources. The world depends on healthy oceans which are necessary for our life and well-being. The Bering Sea bottom habitat is part of the marine ecosystem that supports marine mammals, seabirds, and invertebrates, which include important subsistence and commercial resources. It is important to prevent bottom trawling from expanding into areas that have not been previously bottom trawled, especially in consideration of potential changes from global warming. The changing global climate and increasing world population make it important to address environmental threats that can be controlled, such as habitat destruction. Bottom trawling is the most destructive form of fishing on bottom habitat. Preservation of delicate bottom habitat ecosystems is vital for the long-term survival of the fishing industry and for species dependent on the marine resources supported by bottom habitat. Grey whales, spectacled eiders, Pacific walruses, snow crabs, and other species depend on the bottom habitat protected by this action. Protection of the highly productive Bering Sea habitat may provide a buffer for other high latitude marine environments that are under stress. This action is a significant investment in a more stable and hopeful future for our children and grandchildren of the world. It sets a good example for our children to care for the planet and sends a message that adults care about preserving the marine environment for our children. This action is precautionary and the right thing to do. *Response* : NMFS notes the commenter's support. *Comment 3* : The Council submitted comments and recommends that the preamble to the final rule describe the Council's intent regarding future actions for nonpelagic trawl management in the Bering Sea. The Council intends future adjustment to the NBSRA boundary with the implementation of a modified gear requirement for the flatfish trawl fishery that would minimize potential impacts on bottom habitat. This potential future adjustment would open a portion of the NBSRA to nonpelagic trawling. The adjustment to the NBSRA boundary to open this area is shown in Figure 1. BILLING CODE 3510-22-S ER25JY08.008 Because the area to be opened with flatfish trawl gear modification requirements may contain high concentrations of yellowfin sole and low concentrations of other bycatch species, the flatfish industry has identified this area as important to its fishery. In June 2008, the Council received a report on the progress of developing modified gear for flatfish fishing that will reduce the potential impacts on bottom habitat. Analysis supporting the gear modification requirement and adjustment to the NBSRA will supplement the existing EA/RIR/FRFA for the Bering Sea Habitat conservation measures (see ADDRESSES ). *Response* : Any potential changes in the gear requirements for the flatfish fishery would require analysis of the potential environmental and socioeconomic impacts of the action. NMFS will work with the Council to ensure the appropriate information is available to inform the Council's final recommendation on gear modification. If the Council recommends a modified gear requirement for the flatfish fishery and the adjustment to the NBSRA shown in Figure 1, NMFS will include these recommendations in future proposed rulemaking for this action. The supporting analysis for this potential future action would include information from the EA/RIR/FRFA for this final rule and any relevant new information to inform the decision making. *Comment 4* : To protect local communities' resources, we support permanent closure of the area considered for opening in connection with the implementation of modified gear for the flatfish fishery (Figure 1). *Response* : This final rule implements the closure of the NBSRA which includes the area considered for opening with the potential future implementation of modified gear for the flatfish fishery (Figure 1). The Council has expressed its intent to open this area to commercial fishing with implementation of a modified gear requirement (Comment 3). Any concerns about opening this area should be expressed to the Council while the modified gear requirement recommendation is being developed. The Council received a report on modified gear research at its June 2008 meeting (73 FR 26964, May 12, 2008). The Council recommended that staff develop an analysis of a gear modification requirement, including consideration of opening the area identified in Figure 1. The gear modification requirement and any proposed adjustments to the NBSRA boundary will require analysis and rulemaking to implement, including the public process provided by the Council in developing its recommendations to NMFS. *Comment 5* : The NBSRA is to be closed to commercial nonpelagic trawling only during the development and implementation of the research plan to study the nonpelagic trawling effects on bottom habitat. The intent is to develop an adaptively managed commercial nonpelagic trawl fishery in the area based on information from the nonpelagic trawling effects research. *Response* : This final rule closes the NBSRA to nonpelagic trawl fishing unless conducted under an exempted fishing permit (EFP). Before issuance, an EFP application for nonpelagic trawling in the NBSRA must meet the requirements of the research plan adopted by the Council. When the Council has received enough information from the research and EFP data, it may develop an adaptive management plan and propose regulatory amendments that would allow commercial nonpelagic trawling in the NBSRA. Any changes to the fishing restrictions in the NBSRA would require proposed and final rulemaking, and supporting analysis. *Comment 6* : In June 2007, The Council recommended review schedules for a boundary closure and research plan. The Council recommended that in four years after the Council's Bering Sea Habitat conservation measures recommendation (June 2007), the southern boundary of the NBSRA be reviewed by the Council for possible adjustments based on a report by the fishing industry and Alaska Village Council Presidents workgroup. The Council also recommended at that time that the research plan identifying effects of nonpelagic trawl gear on bottom habitat be completed. The Council would review the plan within 24 months of implementation of this final rule. Based on public comments received in April 2008, the Council recommends changing the schedules for the Council's review of the NBSRA boundary and the research plan to June 2011. *Response* : NMFS supports the Council's recommended changes to the review schedules for the NBSRA boundary and the research plan. *Comment 7* : The development of the research plan for the NBSRA should include tribal and other stakeholder input to address protection of species and subsistence resources that depend on bottom habitat. Any research in the NBSRA conducted with bottom trawl gear would be only for the testing of protections for bottom habitat. These tests would be conducted in a manner that would minimize damage to bottom habitat. *Response* : NMFS agrees that input from all stakeholders is important in the development of the NBSRA research plan. The development of the plan will proceed through the Council decision process. That process provides advance public notice and opportunity to provide testimony before decisions are made. The research plan will be developed by the Alaska Fisheries Science Center through the Council process. The actual process for developing the plan is yet to be determined, but public involvement will be an important component. The Council recommended that the plan investigate the effects of nonpelagic trawling on bottom habitat and consider and identify protection measures for bottom habitat. Research data can inform the further development and testing of protection measures. Some habitat damage would be necessary to understand effects, but damage would be limited to the extent needed for scientifically valid results. *Comment 8* : Areas closed to nonpelagic trawl gear should not be opened under exempted fishing permits
(EFP)because many studies of fishing impacts on bottom habitat already exist. *Response* : Fishing impacts on bottom habitat research are specific to the locations and the gear types tested. While research on the effects of fishing on bottom habitat has been conducted worldwide, more needs to be known about the habitat in the NBSRA before the results of research elsewhere can be applied to the conditions occurring in the NBSRA. By establishing the NBSRA, information gathered under EFPs would be directly applicable to nonpelagic trawl fisheries management in the Bering Sea in areas with similar features as the NBSRA. Because the first contact of a nonpelagic trawl is likely to cause the largest impact on bottom habitat, it is important to conduct bottom habitat effects research in an area where nonpelagic trawling has not occurred. The closure of the NBSRA and the research fishing planned in this area should provide the information necessary to effectively manage nonpelagic trawling in similar habitats of the Bering Sea. *Comment 9* : Nonpelagic trawl closures also should include waters of Bristol Bay to protect spawning habitat for yellowfin sole and to protect subsistence resources. The potential effects of trawlers on spawning habitat should be studied. *Response* : Under § 679.22(a)(9), all trawling for groundfish is prohibited in most of the Bristol Bay area, including nearshore waters that may include yellowfin sole spawning habitat. Directed fishing for groundfish by vessels using trawl gear in Bristol Bay, as described in the current edition of NOAA chart 16006, is closed at all times in the area east of 162°00′ W. long. The only exception is a portion of the Nearshore Bristol Bay Trawl Area that is open to trawling from 1200 hours A.l.t., April 1 to 1200 hours A.l.t., June 15 of each year (Figure 2). ER25JY08.009 According to the 2007 Stock Assessment and Fishery Evaluation Report for Bering Sea and Aleutian Islands yellowfin sole, commercial bottom trawlers have commonly found high concentrations of yellowfin sole in areas such as near Togiak Bay (Low and Narita, 1990) and in more recent years from Kuskokwim Bay to just south of Nunivak Island (NPFMC 2007). Yellowfin sole spawning likely occurs in the area open to trawling between April 1 and June 15. The impacts of trawling in this area on yellowfin sole were considered in the Environmental Impact Statement
(EIS)for Essential Fish Habitat Identification and Conservation and were thought to be minimal. The EIS is available from the NMFS Alaska Region website at *http://www.fakr.noaa.gov/habitat/seis/efheis.htm* . The trawl closures currently in place in Bristol Bay protect areas that are known to support yellowfin sole spawning locations; and therefore, no additional closures with this action are necessary to protect yellowfin sole in Bristol Bay. With nearly the entire bay closed to trawling, no additional closures are needed to protect bottom habitat in Bristol Bay that may support subsistence resources. The NBSRA will provide the opportunity to study the effects of nonpelagic trawling on bottom habitat and may include research on the potential effect of nonpelagic trawling specifically on yellowfin sole, if yellowfin sole spawning occurs in the NBSRA. *Comment 10:* We recommend the protection areas around St. Lawrence, St. Matthew, and Nunivak Islands, and Kuskokwim Bay be enlarged, and protection areas around Little Diomede, King Island, and Sledge Island be considered with this action. *Response* : This action implements the Council recommendations, which were developed by working with the fishing industry and subsistence resource users. The Council is scheduled to revisit the boundaries of the closure areas in this final rule in 2011. Any changes to the Bering Sea habitat conservation measures, including the expansion of existing closures and closure area additions could be proposed and analyzed for consideration by the Council between now and 2011. NMFS recommends suggested changes for consideration in 2011 be provided to the Council at the earliest opportunity. This will facilitate careful development and analysis of any proposed changes to the Bering Sea habitat conservation measures implemented by this final rule. *Comment 11* : The decision that locates the BSHCA border along the shelf break is based on preserving the nonpelagic trawl fleet's development of the arrowtooth flounder fishery, rather than a projected movement of arrowtooth flounder due to global warming effects. NMFS Bering Sea surveys show a large amount of arrowtooth flounder near the shelf break and slope of the Bering Sea. The location of this eastern border allows access to the arrowtooth flounder found in this area, permitting the arrowtooth flounder fishery to further develop. *Response* : NMFS agrees. *Comment 12* : NMFS and the Council did not conduct appropriate tribal consultation prior to the development of this actions conservation area boundaries. A workgroup of some subsistence users should not be considered “tribal consultation.” *Response* : Executive Order 13175 on consultation and coordination with Indian tribal governments establishes the requirement for regular and meaningful consultation and collaboration with Indian tribal governments in the development of federal regulatory practices that significantly or uniquely affect their communities; to reduce the imposition on unfunded mandates on Indian tribal governments; and to streamline the application process for and increase the availability of waivers to Indian tribal governments. This Executive Order requires federal agencies to have an effective process to involve and consult with representatives of Indian tribal governments in developing regulatory policies and prohibits regulations that impose substantial, direct compliance costs on Indian tribal communities. NMFS agrees that a subsistence users workgroup does not substitute for tribal consultation. To facilitate tribal consultation, NMFS wrote to all tribal governments and Alaska native corporations notifying them of the proposed action and invited requests for tribal consultation under Executive Order 13175. NMFS also included a copy of the proposed rule in the correspondence. NMFS did not receive any requests for tribal consultation on this action. NMFS also agrees that commencing tribal consultation early in fisheries management actions is preferred. NMFS encourages tribal entities to enter into the Council process. Also see response to Comment 13. *Comment 13* : The Council and NMFS should begin tribal consultation before the decision making process begins. NMFS and the Council should create suitable and binding tribal consultation protocols, immediately. *Response* : NMFS agrees that Alaska Native, community, and stakeholder involvement should occur early in the process of developing fishery management action. The Council is in the process of developing tribal outreach protocols. In 2004, the Council revised its Alaska groundfish management policy including the following management objectives focused on increasing Alaska Native participation in fisheries management: • Continue to incorporate local and traditional knowledge in fishery management; • Consider ways to enhance collection of local and traditional knowledge from communities, and incorporate such knowledge in fishery management where appropriate; and • Increase Alaska Native participation and consultation in fishery management. The Council reviewed a discussion paper on meeting these objectives at its June 2008 meeting. The discussion paper includes proposed protocols for formal and informal consultation with Alaska Natives, communities, and stakeholders on fisheries management actions and the early identification of potentially affected communities to ensure consultation in the early stages of fishery management action development. Early involvement during the development of Council recommendations is an effective way to ensure Alaska Native, community, and stakeholder issues are considered. More information on this activity is available from the Council's website at *http://www.fakr.noaa.gov/npfmc/default.htm.* Also see response to Comment 12. *Comment 14* : Village organizations should be given the opportunity to review information relevant to the decision making process. NMFS and the Council should provide them specific lists of species that may be impacted by the action and their population, migration patterns, biology, and species' use of the Bering Sea habitat. *Response* : This information is available in the EA supporting this action (see ADDRESSES ). Chapter 3 provides the status including biology of all species that may be impacted by the action. Chapter 4 analyzes the action's impact on these species and their habitats. Since March 2007, the EA has been available to the public through the Council's website or at Council meetings. *Comment 15* : NMFS should immediately start a process to protect the recently documented deep sea coral and sponge habitats of the Pribilof and Zhemchug Canyons of the Bering Sea from adverse fishing effects. In 2007, Greenpeace and a NMFS researcher used a submersible vessel to examine the Zhemchug and Pribilof Canyons, identifying coral and sponge habitats located in these canyons. *Response* : The Council recommends habitat protection measures to NMFS for those locations where the Council has determined protections from the potential effects of fishing are appropriate based on the information available. The Council is scheduled to review its essential fish habitat
(EFH)management in 2011, when information regarding new locations that may need additional protection could be submitted for consideration. *Comment 16:* NMFS should consider all the people impacted by this action including those in the fishing and tourism industries. Everyone in Alaska would benefit if there was more tourism and less fishing. *Response* : Along with impacts on the fisheries, NMFS considered the impacts on the passive use of the Bering Sea resources in the Regulatory Impact Review for this action (see ADDRESSES ). Tourism in the Bering Sea region is not precluded by this action. Tourism may benefit through enhanced bottom habitat protection that may support wildlife populations of interest to tourists. Many Alaskans depend on either fishing, tourism, or both; and the reduction of either type of activity would impact those who depend on these industries. *Comment 17* : It is important for NMFS to prevent nonpelagic trawling from expanding into the Arctic Ocean. *Response* : This action is limited to the Bering Sea subarea, but the Council is developing a fishery management plan for the Arctic Ocean. The Council recognizes that little is known about the fish stocks in the Arctic Ocean, and more information is needed for sustainable management of commercial fishing in the Beaufort and Chukchi Seas of the Arctic Ocean. Therefore, the Council is considering prohibiting all or nearly all commercial fishing in the Arctic Ocean until information indicates that sustainable fishery management is possible. See the Council's website at *http://www.fakr.noaa.gov/npfmc/current_issues/Arctic/arctic.htm* for more information. *Comment 18* : This action is overly restrictive. The proposed action is unnecessary because no current activities occur that warrant protection measures. The action may prevent sustainable fishery options in the future. Any protection action should be specific to highly sensitive habitats and address actual problems. The Bering Sea offers high energy mud and sand bottoms that can be safely trawled and continue to be productive. The current warmer water temperatures supporting finfish may change and result in fisheries that must target other species like shrimp that are effectively harvested by trawl gear. The proposed action would prevent development of a future shrimp trawl fishery that could have low bycatch and could be sustainable. *Response* : The nonpelagic trawling closures in this action affect only the groundfish fisheries and are a precautionary approach to protecting Bering Sea bottom habitat. This final rule does not apply to shrimp fishing by any method in the Bering Sea. This action meets the Council's management objectives for the Alaska groundfish fisheries stated in the FMP. The effects of nonpelagic trawling for groundfish on bottom habitat are relative to the sediments contacted by trawl gear. Effects are further discussed in the EA/RIR/FRFA for this action (see ADDRESSES ). Little is known about the characteristics of the bottom sediments in most areas being closed to nonpelagic trawling. Consequently, protection measures reduce the potential for adverse effects by nonpelagic trawl gear. Because the first pass of a nonpelagic trawl is most likely to damage bottom habitat, it is prudent to protect those areas that are not already actively trawled. Results from the research in the NBSRA may provide bottom habitat effects information that can inform the management of nonpelagic trawling for groundfish in the Bering Sea subarea and may support future adjustments to the closure areas to allow for further development of groundfish fisheries. *Comment 19* : NMFS is urged to continue efforts to define habitat in the Bering Sea. *Response* : This action establishes protection areas for bottom habitat in the Bering Sea and does not define EFH. In 2006, the FMPs for the Alaska fisheries were updated with new descriptions of essential fish habitat for all of the managed species. NMFS continues to gather information regarding bottom habitat and will work with the Council to continue managing the fisheries based on the best available scientific information. The Council is scheduled to review EFH in 2011. Additional information regarding EFH and bottom habitat research is available from the NMFS Alaska Region website at *http://www.fakr.noaa.gov/habitat/efh.htm* . Classification The Administrator, Alaska Region, NMFS, determined that the FMP Amendment 89 is necessary for the conservation and management of the groundfish fisheries and that it is consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for the purposes of Executive Order 12866. A final regulatory flexibility analysis
(FRFA)was prepared. The FRFA describes the economic impact of this final rule on small entities. The FRFA incorporates the initial regulatory flexibility analysis (IRFA), a summary of the significant issues raised by the public comments in response to the IRFA, NMFS' responses to those comments, and a summary of the analyses completed to support the action. Descriptions of the action, the reasons it is under consideration, and its objectives and legal basis are included earlier in the preamble and in the SUMMARY section of the preamble. A copy of the FRFA is available from NMFS (see ADDRESSES ). A summary of the IRFA was provided in the classification section to the proposed rule (73 FR 12357, March 7, 2008), and the public was notified of how to obtain a copy of the IRFA. The public comment period ended on April 21, 2008. No comments were received on the IRFA or on the economic impacts of the rule. Fishing vessels, both catcher vessels and catcher/processors (CPs), are considered small, for RFA purposes, if their gross receipts, from all their economic activities combined, as well as those of any and all their affiliates anywhere in the world, (including fishing in federally-managed non-groundfish fisheries, and in Alaska-managed fisheries), are less than or equal to $4.0 million annually. Further, fishing vessels were considered to be large if they were affiliated with an American Fisheries Act fishing cooperative in 2004. The members of these cooperatives had combined revenues that exceeded the $4.0 million threshold. The entities that would be directly regulated by this final rule are those vessels that fish for groundfish with nonpelagic trawl gear in the eastern Bering Sea off Alaska. Section 5.6 of the RIR provides a description of these fisheries and estimates the numbers of unique vessels that presently participate (see ADDRESSES ). Approximately 22 to 24 vessels have participated in the nonpelagic trawl CP fishery off Alaska in recent years. Based on analysis of total annual gross revenues, two of the vessels should be classified as small entities. Six Community Development Quota groups and their associated communities are considered small entities and are directly regulated by this action because their allocations of BSAI species harvested by nonpelagic trawl gear occur within the areas defined by this action. This regulation does not impose new recordkeeping and reporting requirements on the regulated small entities. The FRFA did not reveal any Federal rules that duplicate, overlap, or conflict with the action. The Council considered three alternatives and five options to the alternatives for this action. The suite of alternatives and options were developed in consultation with members of the nonpelagic trawl CP fleet to minimize potential adverse economic effects on directly regulated entities. This action is the preferred alternative and options, which reflect the least burdensome of management structures available in terms of directly regulated small entities, while fully achieving the conservation and management purposes articulated by the Council. Alternative 1, the no action alternative, would not meet the objectives of this action. This alternative would allow nonpelagic trawling to expand into areas not previously trawled and would not meet the objective to protect certain bottom habitat in the Bering Sea subarea. Alternative 3, which would modify flatfish trawl gear to reduce contact with the bottom, was not recommended by the Council at this time because the gear is currently under development, and gear standards are not yet ready for implementation. Under Alternative 2 for the BSHCA, the boundaries of the closure area were established in locations that have not been trawled more than once and are not likely to be trawled in the future. In addition, the boundary of the BSHCA was adjusted to allow for potential future development of the arrowtooth flounder fishery. These features of the BSHCA mitigate potential adverse economic effects on small entities by allowing continued fishing where substantial amounts of fishing have already occurred and to allow for future expansion of the arrowtooth flounder fishery. The boundaries for the nonpelagic trawl closures under Options 1, 3, 4, and 5 also were developed in consultation with members of the nonpelagic trawl CP fleet. Under Options 1 and 5, the waters near St. Matthew and St. Lawrence Islands were not substantially trawled and are not likely to be trawled in the future, so the closures in these areas are not likely to result in an adverse economic effect on small entities. Option 2 closed waters near Nunivak Island and Etolin Strait but would not close waters within Kuskokwim Bay to nonpelagic trawling. Option 3 expanded on the closures under Option 2 by establishing the Nunivak Island, Etolin Strait, and Kuskokwim Bay closure boundaries. Option 3 closures were carefully negotiated between members of the nonpelagic trawl CP fleet and some users of the subsistence marine resources in the area. Adjustments were made to the boundaries to ensure the flatfish fleet had access to concentrations of flatfish while still maintaining overall protection to bottom habitat from the potential effects of nonpelagic trawling. These boundary adjustments reduce potential adverse economic effects on small entities participating in the flatfish trawl fishery. Under Option 4 for the NBSRA, the southern boundary of the area was also based on consultation with members of the affected trawl CP fleet to ensure the closure would not prevent fishing in areas currently fished and allowed for some northern movement of the fleet if fish stocks also move north in response to global warming. The southern boundary of the NBSRA would mitigate any potential adverse economic impact on small entities by allowing continued fishing in locations historically fished and permitting some flexibility with any future movement of fish stocks. Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as “small entity compliance guides.” The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, NMFS Alaska Region has developed a website that provides easy access to details of this final rule, including links to the final rule, maps of closure areas, and frequently asked questions regarding essential fish habitat. The relevant information available on the website is the Small Entity Compliance Guide. The website address is *http://www.fakr.noaa.gov/habitat/efh.htm* . Copies of this final rule are available upon request from the NMFS, Alaska Regional Office (see ADDRESSES ). Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 note), the Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), and the American Indian and Alaska Native Policy of the U.S. Department of Commerce (March 30, 1995) outline the responsibilities of NMFS in matters affecting tribal interests. Section 161 of Public Law 108-199 (188 Stat. 452), as amended by section 518 of Public Law 109-447 (118 Stat. 3267), extends the consultation requirements of the Executive Order to Alaska Native corporations. NMFS contacted tribal governments and Alaska Native corporations, which may be affected by the action, provided them with a copy of the proposed rule, and offered them an opportunity to further consult. No tribal governments or Alaska Native corporations requested further tribal consultation for this action. References Low, L. and R.E. Narita. 1990. Condition of groundfish resources in the Bering Sea-Aleutian Islands region as assessed in 1988. U.S. Dep. Commer., NOAA Tech. Memo. NMFS-F/NWC-178, 224 p. North Pacific Fishery Management Council (NPFMC). 2007. Stock Assessment and Fishery Evaluation Report. November 2007. Available from *http://www.afsc.noaa.gov/REFM/stocks/assessments.htm* . List of Subjects in 50 CFR Part 679 Alaska, Fisheries, Recordkeeping and reporting requirements. Dated: July 21, 2008. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. For reasons set out in the preamble, NMFS amends 50 CFR part 679 as follows: PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 1. The authority citation for part 679 continues to read as follows: Authority: 16 U.S.C. 773 *et seq.* ; 1801 *et seq.* ; 3631 *et seq.* ; Pub. L. 108-447. 2. In § 679.2, add in alphabetical order definitions for “Bering Sea Habitat Conservation Area”, “Northern Bering Sea Research Area”, “Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area”, “St. Lawrence Island Habitat Conservation Area”, and “St. Matthew Island Habitat Conservation Area” to read as follows: § 679.2 Definitions. *Bering Sea Habitat Conservation Area* means a habitat protection area specified at Table 42 and Figure 16 to this part. *Northern Bering Sea Research Area* means a habitat research area specified at Table 43 and Figure 17 to this part. *Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area* means a habitat protection area specified at Table 44 and Figure 21 to this part. *St. Lawrence Island Habitat Conservation Area* means a habitat protection area specified at Table 45 to this part. *St. Matthew Island Habitat Conservation Area* means a habitat protection area specified at Table 46 to this part. 3. In § 679.22, paragraphs (a)(16) through (a)(20) are added to read as follows: § 679.22 Closures.
(a)* * *
(16)*Bering Sea Habitat Conservation Area* . No federally permitted vessel may fish with nonpelagic trawl gear in the Bering Sea Habitat Conservation Area specified at Table 42 and Figure 16 to this part.
(17)*Northern Bering Sea Research Area* . No federally permitted vessel may fish with nonpelagic trawl gear in the Northern Bering Sea Research Area specified at Table 43 and Figure 17 to this part.
(18)*Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area* . No federally permitted vessel may fish with nonpelagic trawl gear in the Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area specified at Table 44 and Figure 21 to this part.
(19)*St. Lawrence Island Habitat Conservation Area* . No federally permitted vessel may fish with nonpelagic trawl gear in the St. Lawrence Island Habitat Conservation Area specified at Table 45 to this part.
(20)*St. Matthew Island Habitat Conservation Area* . No federally permitted vessel may fish with nonpelagic trawl gear in the St. Matthew Island Habitat Conservation Area specified at Table 46 to this part. 4. Tables 42 through 46 are added to part 679 to read as follows: Table 42 to Part 679—Bering Sea Habitat Conservation Area Longitude Latitude 179 19.95W 59 25.15N 177 51.76W 58 28.85N 175 36.52W 58 11.78N 174 32.36W 58 8.37N 174 26.33W 57 31.31N 174 0.82W 56 52.83N 173 0.71W 56 24.05N 170 40.32W 56 1.97N 168 56.63W 55 19.30N 168 0.08W 54 5.95N 170 0.00W 53 18.24N 170 0.00W 55 0.00N 178 46.69E 55 0.00N 178 27.25E 55 10.50N 178 6.48E 55 0.00N 177 15.00E 55 0.00N 177 15.00E 55 5.00N 176 0.00E 55 5.00N 176 0.00E 55 0.00N 172 6.35E 55 0.00N 173 59.70E 56 16.96N Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. Table 43 to Part 679—Northern Bering Sea Research Area Longitude Latitude 168 7.48W 65 37.48N* 165 1.54W 60 45.54N 167 59.98W 60 45.55N 171 59.92W 60 3.52N 172 0.00W 60 54.00N 174 1.24W 60 54.00N 176 13.51W 62 6.56N 172 24.00W 63 57.03N 172 24.00W 62 42.00N 168 24.00W 62 42.00N 168 24.00W 64 0.00N 172 17.42W 64 0.01N 168 58.62W 65 30.00N 168 58.62W 65 37.48N Note: The area is delineated by connecting the coordinates in the order listed by straight lines except as noted by * below. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. * This boundary extends in a clockwise direction from this set of geographic coordinates along the shoreline at mean lower-low tide line to the next set of coordinates. Table 44 to Part 679—Nunivak Island, Etolin Strait, and Kuskokwim Bay Habitat Conservation Area Longitude Latitude 165 1.54W 60 45.54N* 162 7.01W 58 38.27N 162 10.51W 58 38.35N 162 34.31W 58 38.36N 162 34.32W 58 39.16N 162 34.23W 58 40.48N 162 34.09W 58 41.79N 162 33.91W 58 43.08N 162 33.63W 58 44.41N 162 33.32W 58 45.62N 162 32.93W 58 46.80N 162 32.44W 58 48.11N 162 31.95W 58 49.22N 162 31.33W 58 50.43N 162 30.83W 58 51.42N 162 30.57W 58 51.97N 163 17.72W 59 20.16N 164 11.01W 59 34.15N 164 42.00W 59 41.80N 165 0.00W 59 42.60N 165 1.45W 59 37.39N 167 40.20W 59 24.47N 168 0.00W 59 49.13N 167 59.98W 60 45.55N Note: The area is delineated by connecting the coordinates in the order listed by straight lines, except as noted by * below. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. * This boundary extends in a clockwise direction from this set of geographic coordinates along the shoreline at mean lower-low tide line to the next set of coordinates. Table 45 to Part 679—St. Lawrence Island Habitat Conservation Area Longitude Latitude 168 24.00W 64 0.00N 168 24.00W 62 42.00N 172 24.00W 62 42.00N 172 24.00W 63 57.03N 172 17.42W 64 0.01N Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. Table 46 to Part 679—St. Matthew Island Habitat Conservation Area Longitude Latitude 172 0.00W 60 54.00N 171 59.92W 60 3.52N 174 0.50W 59 42.26N 174 24.98W 60 9.98N 174 1.24W 60 54.00N Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. 5. Figures 16 and 17 are added to part 679 to read as follows: ER25JY08.010 ER25JY08.011 6. Figure 21 is added to part 679 to read as follows: ER25JY08.012 [FR Doc. E8-17144 Filed 7-24-08; 8:45 am] BILLING CODE 3510-22-C 73 144 Friday, July 25, 2008 Proposed Rules DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket Number DHS-2008-0024] Privacy Act of 1974: Implementation of Exemptions; Border Crossing Information AGENCY: Privacy Office, Department of Homeland Security. ACTION: Notice of proposed rulemaking. SUMMARY: The Department of Homeland Security is proposing to amend its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Border Crossing Information from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. This document is a republication of the Treasury Department exemption regulation (title 31, Code of Federal Regulations, part 1) which previously covered the Border Crossing Information as part of the Treasury Enforcement Communications System
(TECS)System of Records Notice. DATES: Written comments must be submitted on or before August 25, 2008. ADDRESSES: You may submit comments, identified by docket number DHS-2008-0024 by one of the following methods: • *Federal e-Rulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 1-866-466-5370. • *Mail:* Hugo Teufel III, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. FOR FURTHER INFORMATION CONTACT: For general questions please contact: Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and Procedures Branch, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, Mint Annex, 1300 Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: Background The Department of Homeland Security (DHS), elsewhere in this edition of the **Federal Register** , published a Privacy Act system of records notice describing records in the Border Crossing Information (BCI). U.S. Customs and Border Protection
(CBP)is the agency responsible for collecting and reviewing border crossing information from travelers entering and departing the United States. This is consistent with CBP's overall border security and enforcement missions. Upon arrival in the United States, all individuals crossing the border are required to clear CBP. As part of this clearance process, CBP reserves the right to verify the identity, nationality, and admissibility of any person crossing the border. Additionally, CBP creates a record of the fact that the individual has entered the United States at a particular time and port of entry. BCI collects and maintains border crossing information on travelers crossing the United States border, which includes: certain biographical information; a photograph; certain itinerary information provided by air, sea, and eventually rail carriers; and the time and location of the border crossing; and, as necessary, the status of a secondary examination. BCI contains records pertaining to various categories of individuals, including: Passengers and crew who arrive, transit through or depart the United States by air, rail, or sea (and includes the U.S. domestic portions of international travel for passengers and crew flying into or out of the United States) and crew members on aircraft that overfly the United States; and persons crossing the land border at ports of entry. No exemption shall be asserted with respect to information maintained in the system that is collected from a person's travel documents or submitted by a government computer system in support of a proffered travel document, if that person, or his or her agent, seeks access or amendment of such information. This system, however, may contain records or information pertaining to the accounting of disclosures made from BCI to other law enforcement agencies (Federal, State, Local, Foreign, International or Tribal) in accordance with the published routine uses and 5 U.S.C. 552a(b)(7). For the accounting of these disclosures only, in accordance with 5 U.S.C. 552a(j)(2), and (k)(2), DHS will claim the original exemptions for these records or information from subsection (c)(3), (e)(8), and
(g)of the Privacy Act of 1974, as amended, as necessary and appropriate to protect such information. DHS needs these exemptions in order to protect information relating to law enforcement investigations from disclosure to subjects of investigations and others who could interfere with investigatory and law enforcement activities. Specifically, the exemptions are required to: preclude subjects of investigations from frustrating the investigative process; avoid disclosure of investigative techniques; protect the identities and physical safety of confidential informants and of law enforcement personnel; ensure DHS's and other federal agencies' ability to obtain information from third parties and other sources; protect the privacy of third parties; and safeguard sensitive information. Nonetheless, DHS will examine each request on a case-by-case basis, and, after conferring with the appropriate component or agency, may waive applicable exemptions in appropriate circumstances and where it would not appear to interfere with or adversely affect the law enforcement purposes of the systems from which the information is recompiled or in which it is contained. Again, DHS will not assert any exemption with respect to information maintained in the system that is collected from a person and submitted by that person's air or vessel carrier, if that person, or his or her agent, seeks access or amendment of such information. Regulatory Requirements A. Regulatory Impact Analyses Changes to Federal regulations must undergo several analyses. In conducting these analyses, DHS has determined: 1. Executive Order 12866 Assessment This rule is not a significant regulatory action under Executive Order 12866, “Regulatory Planning and Review” (as amended). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). Nevertheless, DHS has reviewed this rulemaking, and concluded that there will not be any significant economic impact. 2. Regulatory Flexibility Act Assessment Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996 (SBREFA), DHS certifies that this rule will not have a significant impact on a substantial number of small entities. The rule would impose no duties or obligations on small entities. Further, the exemptions to the Privacy Act apply to individuals, and individuals are not covered entities under the RFA. 3. International Trade Impact Assessment This rulemaking will not constitute a barrier to international trade. The exemptions relate to criminal investigations and agency documentation and, therefore, do not create any new costs or barriers to trade. 4. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub. L. 104-4, 109 Stat. 48), requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. This rulemaking will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector. B. Paperwork Reduction Act The Paperwork Reduction Act of 1995
(PRA)(44 U.S.C. 3501 *et seq.* ) requires that DHS consider the impact of paperwork and other information collection burdens imposed on the public and, under the provisions of PRA section 3507(d), obtain approval from the Office of Management and Budget
(OMB)for each collection of information it conducts, sponsors, or requires through regulations. DHS has determined that there are no current or new information collection requirements associated with this rule. C. Executive Order 13132, Federalism This action will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government, and therefore will not have federalism implications. D. Environmental Analysis DHS has reviewed this action for purposes of the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4347) and has determined that this action will not have a significant effect on the human environment. E. Energy Impact The energy impact of this action has been assessed in accordance with the Energy Policy and Conservation Act
(EPCA)Public Law 94-163, as amended (42 U.S.C. 6362). This rulemaking is not a major regulatory action under the provisions of the EPCA. List of Subjects in 6 CFR Part 5 Privacy, Freedom of information. For the reasons stated in the preamble, DHS proposes to amend Chapter I of Title 6, Code of Federal Regulations, as follows: PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 *et seq.* ; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. 2. At the end of Appendix C to Part 5, add new paragraph 6 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act 6. DHS/CBP-007, Border Crossing Information. This system may contain records or information pertaining to the accounting of disclosures made from BCI to other law enforcement and counterterrorism agencies (Federal, State, Local, Foreign, International or Tribal) in accordance with the published routine uses. For the accounting of these disclosures only, in accordance with 5 U.S.C. 552a (j)(2), and (k)(2), DHS will claim the original exemptions for these records or information from subsection (c)(3), (e)(8), and
(g)of the Privacy Act of 1974, as amended, as necessary and appropriate to protect such information. Further, no exemption shall be asserted with respect to biographical or travel information submitted by, and collected from, a person's travel documents or submitted from a government computer system to support or to validate those travel documents. After conferring with the appropriate component or agency, DHS may waive applicable exemptions in appropriate circumstances and where it would not appear to interfere with or adversely affect the law enforcement purposes of the systems from which the information is recompiled or in which it is contained. *Exemptions from the above particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, when information in this system of records is recompiled or is created from information contained in other systems of records subject to exemptions for the following reasons:*
(a)From subsection (c)(3) (Accounting for Disclosure) because making available to a record subject the accounting of disclosures from records concerning him or her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a violation of U.S. law, including investigations of a known or suspected terrorist, by notifying the record subject that he or she is under investigation. This information could also permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation.
(b)From subsection (e)(8) (Notice on Individuals) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on DHS and other agencies and could alert the subjects of counterterrorism or law enforcement investigations to the fact of those investigations when not previously known.
(c)From subsection
(g)(Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: July 18, 2008. Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8-17122 Filed 7-24-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 948 [Docket No. AMS-FV-08-0048; FV08-948-2 PR] Irish Potatoes Grown in Colorado; Reinstatement of the Continuing Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. SUMMARY: This rule would reinstate the continuing assessment rate established for the Area No. 3 Colorado Potato Administrative Committee (Committee) for the 2008-2009 and subsequent fiscal periods at $0.02 per hundredweight of potatoes handled. The Committee locally administers the marketing order regulating the handling of potatoes grown in northern Colorado. The continuing assessment rate was suspended for the 2006-2007 and subsequent fiscal periods to bring the monetary reserve within the program limit of two fiscal periods' operating expenses. Assessments upon potato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. DATES: Comments must be received by August 11, 2008. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202)720-8938, or Internet: *http://www.regulations.gov.* Comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:
(503)326-2724, Fax:
(503)326-7440, or e-mail: *Teresa.Hutchinson@usda.gov* or *GaryD.Olson@usda.gov.* Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; telephone:
(202)720-2491, Fax:
(202)720-8938, or e-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 97 and Order No. 948, both as amended (7 CFR part 948), regulating the handling of potatoes grown in Colorado, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Colorado potato handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as proposed herein would be applicable to all assessable potatoes beginning on July 1, 2008, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule would reinstate § 948.215 of the order's rules and regulations and establish a continuing assessment rate for the Committee for the 2008-2009 and subsequent fiscal periods at $0.02 per hundredweight of potatoes handled. The Colorado potato marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of Colorado potatoes in Area No. 3. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2006-2007 and subsequent fiscal periods, the Committee recommended, and USDA approved, a suspension of the continuing assessment rate that would remain suspended until reinstated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on May 8, 2008, and unanimously recommended 2008-2009 expenditures of $19,497 and an assessment rate of $0.02 per hundredweight of potatoes. In comparison, last year's budgeted expenditures were $18,697. For the 2006-2007 fiscal period, the Committee recommended suspending the continuing assessment rate to bring the monetary reserve within program limits of approximately two fiscal periods' operating expenses (§ 948.78). At that time, the reserve fund contained about $49,237. The Committee has been operating for the last two years by drawing income from its reserve. With a suspended assessment rate and a significant decrease in the number of potato producers and acreage in Area No. 3, the reserve has rapidly decreased to the current level of about $16,175. The Committee would like to maintain the reserve at approximately this level, thus reinstatement of the assessment rate at $0.02 per hundredweight is needed. The major expenditures recommended by the Committee for the 2008-2009 fiscal period include $7,800 for salaries, $3,000 for rent expense, and $1,750 for office expenses. Budgeted expenses for these items in 2007-2008 were also $7,800, $3,000, and $1,750, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Colorado Area No. 3 potatoes. Colorado Area No. 3 potato shipments for the year are estimated at 787,600 hundredweight, which should provide $15,752 in assessment income. Income derived from handler assessments, rent, and interest along with funds from the Committee's authorized reserve, should be adequate to cover budgeted expenses. Funds in the reserve (estimated at $16,175 as of June 30, 2008) would be kept within the maximum permitted by the order (approximately two fiscal periods' expenses; § 948.78). The reinstated assessment rate would continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate would be in effect for an indefinite period, the Committee would continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's 2008-2009 budget and those for subsequent fiscal periods would be reviewed and, as appropriate, approved by USDA. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Based on Committee data, there are 8 producers (7 of whom are also handlers) in the regulated area and 9 handlers (7 of whom are also producers) who are subject to regulation under the order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,500,000. Based on Committee data, the production of Colorado Area No. 3 potatoes for the 2007-2008 fiscal period was 550,026 hundredweight. Based on National Agricultural Statistics Service data, the average producer price for Colorado summer potatoes for 2007 was $7.55 per hundredweight. The average annual producer revenue for the 8 Colorado Area No. 3 potato producers is therefore calculated to be approximately $519,000. Using Committee data regarding each individual handler's total shipments during the 2007-2008 fiscal period and a Committee estimated average f.o.b. price for 2007 of $9.75 per hundredweight ($7.55 per hundredweight plus estimated packing and handling costs of $2.20 per hundredweight), all of the Colorado Area No. 3 potato handlers ship under $6,500,000 worth of potatoes. Thus, the majority of handlers and producers of Colorado Area No. 3 potatoes may be classified as small entities. This rule would reinstate § 948.215 of the order's rules and regulations and establish a continuing assessment rate for the Committee, to be collected from handlers for the 2008-2009 and subsequent fiscal periods, at $0.02 per hundredweight of potatoes. The Committee unanimously recommended 2008-2009 expenditures of $19,497 and an assessment rate of $0.02 per hundredweight. The quantity of Colorado Area No. 3 potatoes for the 2008-2009 fiscal period is estimated at 787,600 hundredweight. Thus, the $0.02 rate should provide $15,752 in assessment income. Income derived from handler assessments, rent, and interest along with funds from the Committee's authorized reserves should be adequate to meet this fiscal period's budgeted expenses. The major expenditures recommended by the Committee for the 2008-2009 fiscal period include $7,800 for salaries, $3,000 for rent expense, and $1,750 for office expenses. Budgeted expenses for these items in 2007-2008 were also $7,800, $3,000, and $1,750, respectively. For the 2006-2007 fiscal period, the Committee recommended suspending the continuing assessment rate to bring the monetary reserve within program limits of approximately two fiscal periods' operating expenses (§ 948.78). At that time, the reserve fund contained about $49,237. The Committee has been operating for the last two years by drawing income from its reserve. With a suspended assessment rate and a significant decrease in the number of potato producers and acreage in Area No. 3, the reserve has rapidly decreased to the current level of about $16,175. The Committee would like to maintain the reserve at approximately this level, thus reinstatement of the assessment rate is needed. The Committee discussed alternatives to this rule, including alternative expenditure levels. Lower assessment rates were considered, but not recommended because they would not generate the income necessary to administer the program with adequate reserves. Higher assessment rates were also considered, but not recommended because they would add funds to the reserve. To calculate the assessment rate, the Committee deducted estimated income received from rent and interest from the total recommended budget ($19,497−$2,000 = $17,497). The assessment rate was then determined by dividing $17,497 by the quantity of assessable potatoes, estimated at 787,600 hundredweight for the 2008-2009 fiscal period. The result was rounded to $0.02 per hundredweight. This assessment rate would generate approximately $1,745 less than anticipated expenses when combined with interest and rent income, which the Committee has determined to be acceptable. Funds from the Committee's authorized reserve should be adequate to cover budgeted expenses not covered by income from assessments, interest, and rent. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the producer price for the 2008-2009 fiscal period could range between $7.55 and $8.45 per hundredweight of Colorado summer potatoes. Therefore, the estimated assessment revenue for the 2008-2009 fiscal period as a percentage of total producer revenue could range between 0.24 and 0.26 percent. This action would reinstate the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived by the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the Colorado Area No. 3 potato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 8, 2008, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational impacts of this action on small businesses. This proposed rule would impose no additional reporting or recordkeeping requirements on either small or large Colorado Area No. 3 potato handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 15-day comment period is provided to allow interested persons to respond to this proposed rule. Fifteen days is deemed appropriate because:
(1)The 2008-2009 fiscal period begins on July 1, 2008, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable potatoes handled during such fiscal period;
(2)the northern Colorado potato shipping season begins in July;
(3)the Committee needs to have sufficient funds to pay for expenses which are incurred on a continuous basis; and
(4)handlers are aware of this action which was recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years. List of Subjects in 7 CFR Part 948 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 948 is proposed to be amended as follows: PART 948—IRISH POTATOES GROWN IN COLORADO 1. The authority citation for 7 CFR part 948 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In part 948, the suspension of § 948.215 is lifted. Dated: July 22, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-17089 Filed 7-24-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 984 [Docket No. AMS-FV-08-0054; FV08-984-1 PR] Walnuts Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. SUMMARY: This rule would increase the assessment rate established for the California Walnut Board (Board) for the 2008-09 marketing year from $0.0122 to $0.0158 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The 2008-09 marketing year begins August 1, 2008. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. DATES: Comments must be received by August 11, 2008. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202)720-8938; or Internet: *http://www.regulations.gov* . Comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Martin J. Engeler, Senior Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:
(559)487-5901, Fax:
(559)487-5906, or e-mail: *Martin.Engeler@usda.gov* , or *Kurt.Kimmel@usda.gov* . Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or e-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 984, as amended (7 CFR part 984), regulating the handling of walnuts grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California walnut handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as proposed herein would be applicable to all assessable walnuts beginning on August 1, 2008, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule would increase the assessment rate established for the Board for the 2008-09 and subsequent marketing years from $0.0122 to $0.0158 per kernelweight pound of assessable walnuts. The 2008-09 marketing year begins on August 1, 2008, and ends on August 31, 2009. Due to a recent amendment to the order changing the definition of marketing year, the 2008-09 marketing year will cover a 13-month period (73 FR 11328, March 3, 2008). Subsequent marketing years will cover a 12-month period from September 1 through August 31. The California walnut marketing order provides authority for the Board, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Board are producers and handlers of California walnuts. They are familiar with the Board's needs and the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed at a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2007-08 and subsequent marketing years, the Board recommended, and USDA approved, an assessment rate of $0.0122 per kernelweight pound of assessable walnuts that would continue in effect from year to year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other information available to USDA. The Board met on May 28, 2008, and unanimously recommended 2008-09 expenditures of $4,594,300 and an assessment rate of $0.0158 per kernelweight pound of assessable walnuts. In comparison, 2007-08 budgeted expenditures were $3,777,120. The assessment rate of $0.0158 per kernelweight pound of assessable walnuts is $0.0036 per pound higher than the rate currently in effect. The increased assessment rate is necessary to cover increased expenses in the areas of domestic market promotion, production research activities, and Board operating expenses. The higher assessment rate should generate sufficient income to cover anticipated 2008-09 expenses. The following table compares major budget expenditures recommended by the Board for the 2007-08 and 2008-09 marketing years: Budget expense categories 2007-08 2008-09 Employee Expenses $438,600 $410,500 Travel/Board Expenses 86,000 100,000 Office Costs/Annual Audit 139,500 142,500 Program Expenses Including Research Controlled Purchases 5,000 5,000 Crop Acreage Survey 85,000 Crop Estimate 100,000 110,000 Production Research * 730,000 805,000 Domestic Market Development 2,002,000 2,935,000 Reserve for Contingency 191,020 56,300 * Includes Research Director's compensation. The assessment rate recommended by the Board was derived by dividing anticipated expenses by expected shipments of California walnuts certified as merchantable. Merchantable shipments for the year are estimated at 290,773,800 kernelweight pounds which should provide $4,594,300 in assessment income and allow the Board to cover its expenses. Unexpended funds may be retained in a financial reserve, provided that funds in the financial reserve do not exceed approximately two year's budgeted expenses. If not retained in a financial reserve, unexpended funds may be used temporarily to defray expenses of the subsequent marketing year, but must be made available to the handlers from whom collected within 5 months after the end of the year, according to § 984.69 of the order. The estimate for merchantable shipments is based on historical data, which is the prior year's production of 323,082 tons (inshell). Pursuant to § 984.51(b) of the order, this figure was converted to a merchantable kernelweight basis using a factor of .45 (323,082 tons × 2,000 pounds per ton × .45). The proposed assessment rate would continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other available information. Although this assessment rate would be in effect for an indefinite period, the Board would continue to meet prior to or during each marketing year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Board meetings are available from the Board or USDA. Board meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate Board recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Board's 2008-09 budget and those for subsequent fiscal periods would be reviewed and, as appropriate, approved by USDA. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are currently 58 handlers of California walnuts subject to regulation under the marketing order and approximately 4,000 producers in the production area. Small agricultural service firms are defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those whose annual receipts are less than $6,500,000, and small agricultural producers are defined as those whose annual receipts are less than $750,000. Industry information for the most recent complete season indicates that 18 of 53 handlers (34 percent) shipped over $6,500,000 of merchantable walnuts and could be considered large handlers by the SBA. Thirty-five of 53 walnut handlers (66 percent) shipped under $6,500,000 of merchantable walnuts and could be considered small handlers. The number of large walnut growers (annual walnut revenue greater than $750,000) can be estimated as follows. According to the National Agricultural Statistics Service (NASS), the two-year average yield per acre for 2005 and 2006 is approximately 1.63 tons. A grower with 287 acres with an average yield of 1.63 tons per acre would produce approximately 468 tons. The season average of grower prices for 2005 and 2006 published by NASS is $1,600 per ton. At that average price, the 468 tons produced on 287 acres would yield slightly less than $750,000 in annual revenue. The 2002 Agricultural Census indicated two percent of walnut farms were between 250 and 500 acres in size. The 287 acres would produce, on average, slightly less than the small business threshold level of $750,000 in annual revenue from walnuts, and is near the lower end of the 250 to 500 acreage range category of the 2002 census. Thus, it can be concluded that the number of large walnut farms in 2006 was likely around two percent. Based on the foregoing, it can be concluded that the majority of California walnut handlers and producers may be classified as small entities. This rule would increase the assessment rate established for the Board and collected from handlers for the 2008-09 and subsequent marketing years from $0.0122 per kernelweight pound of assessable walnuts to $0.0158 per kernelweight pound of assessable walnuts. The Board unanimously recommended 2008-09 expenditures of $4,594,300 and an assessment rate of $0.0158 per kernelweight pound of assessable walnuts. The proposed assessment rate of $0.0158 is $0.0036 higher than the rate currently in effect. The quantity of assessable walnuts for the 2008-09 marketing year is estimated at 323,082 tons. Thus, the $0.0158 rate should provide $4,594,300 in assessment income and be adequate to meet the year's expenses. The increased assessment rate is primarily due to increased budget expenditures. The following table compares major budget expenditures recommended by the Board for the 2007-08 and 2008-09 fiscal years: Budget expense categories 2007-08 2008-09 Employee Expenses $438,600 $410,500 Travel/Board Expenses 86,000 100,000 Office Costs/Annual Audit 139,500 142,500 Program Expenses Including Research Controlled Purchases 5,000 5,000 Crop Acreage Survey 85,000 Crop Estimate 100,000 110,000 Production Research * 730,000 805,000 Domestic Market Development 2,002,000 2,935,000 Reserve for Contingency 191,020 56,300 * Includes Research Director's compensation. The Board reviewed and unanimously recommended 2008-09 expenditures of $4,954,300. Prior to arriving at this budget, the Board considered alternative expenditure levels, but ultimately decided that the recommended levels were reasonable to properly administer the order. The assessment rate recommended by the Board was derived by dividing anticipated expenses by expected shipments of California walnuts certified as merchantable. Merchantable shipments for the year are estimated at 290,773,800 kernelweight pounds which should provide $4,954,300 in assessment income and allow the Board to cover its expenses. Unexpended funds may be retained in a financial reserve, provided that funds in the financial reserve do not exceed approximately two years' budgeted expenses. If not retained in a financial reserve, unexpended funds may be used temporarily to defray expenses of the subsequent marketing year, but must be made available to the handlers from whom collected within 5 months after the end of the year, according to § 984.69 of the order. According to NASS, the season average grower price for 2006 was $1,630 per ton. Although no official NASS data is available regarding the 2007 average grower price, industry information indicates that it could be higher than the 2006 average grower price. Dividing the 2006 price of $1,630 by 2,000 pounds per ton provides an inshell equivalent price per pound of $0.815. Dividing this inshell price per pound by the 0.45 conversion factor (inshell to kernelweight) established in the order yields a 2006 average equivalent grower price of $1.81 per kernelweight pound of assessable walnuts. To calculate the percentage of grower revenue represented by the assessment rate for 2006, the assessment rate of $0.0122 (per kernelweight pound) is divided by the estimated average grower price. This results in estimated assessment revenue for the 2006 marketing year as a percentage of total grower revenue of .674 percent. As previously mentioned, NASS data for 2007 is not yet available. However, applying the same calculations above utilizing 2006 price levels and the proposed assessment rate would result in estimated assessment revenue as a percentage of total grower revenue of 0.873 percent for the 2008 season. Because 2007 average grower prices are expected to be higher than 2006 levels, and could continue at the higher level into the 2008 season, it is expected that 2008 assessment revenue as a percentage of grower revenue will be less than the 0.873 percent expressed above. In any event, it is estimated that assessment revenue will be well below one percent of estimated grower revenue in 2008. This action would increase the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived by the operation of the marketing order. In addition, the Board's meeting was widely publicized throughout the California walnut industry and all interested persons were invited to attend the meeting and participate in Board deliberations on all issues. Like all Board meetings, the May 28, 2008, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational impacts of this action on small businesses. This proposed rule would impose no additional reporting or recordkeeping requirements on either small or large California walnut handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 15-day comment period is provided to allow interested persons to respond to this proposed rule. Fifteen days is deemed appropriate because:
(1)The 2008-09 marketing year will begin on August 1, 2008, and the marketing order requires that the rate of assessment for each year apply to all assessable walnuts handled during the year;
(2)the Board needs to have sufficient funds to pay its expenses which are incurred on a continuous basis; and
(3)handlers are aware of this action which was unanimously recommended by the Board at a public meeting and is similar to other assessment rate actions issued in past years. List of Subjects in 7 CFR Part 984 Walnuts, Marketing agreements, Nuts, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 984 is proposed to be amended as follows: PART 984—WALNUTS GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 984 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 984.347 is revised to read as follows: § 984.347 Assessment rate. On and after August 1, 2008, an assessment rate of $0.0158 per kernelweight pound is established for California merchantable walnuts. Dated: July 22, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-17088 Filed 7-24-08; 8:45 am] BILLING CODE 3410-02-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 20 [Docket No. PRM-20-26; NRC-2005-0017] James Salsman; Denial of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission. ACTION: Denial of petition for rulemaking. SUMMARY: The Nuclear Regulatory Commission
(NRC)is denying a petition for rulemaking (PRM-20-26) submitted by James Salsman (petitioner). The petitioner requested that NRC amend its regulations to modify exposure and environmental limits for heavy metal radionuclides, in particular uranium. NRC is denying the petition because current NRC regulations provide adequate protection of public health and safety. The petitioner has not presented sufficient peer-reviewed data, pertinent to the types and levels of exposures associated with the concentration values used in NRC's regulations, to provide a sufficient reason for NRC to initiate a revision of its regulations. Thus, the NRC has decided not to expend limited resources on initiating a rulemaking at this time. ADDRESSES: You can access publicly available documents related to this petition for rulemaking using the following methods: *Federal e-Rulemaking Portal:* Go to *http://www.regulations.gov* and search for documents filed under Docket ID [NRC-2008-0017]. *NRC's Public Document Room (PDR):* The public may examine and have copied for a fee publicly available documents at the NRC's PDR, Public File Area O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. NRC's Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available electronically at the NRC's electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this page, the public can gain entry into ADAMS, which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to *pdr.resource@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Frank Cardile, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-6185, e-mail *frank.cardile@nrc.gov.* SUPPLEMENTARY INFORMATION: I. The Petition On June 15, 2005 (70 FR 34699), NRC published a notice of receipt of a petition for rulemaking filed by James Salsman. The petitioner requested that NRC revise its regulations in 10 CFR part 20 that specify limits for ingestion and inhalation occupational values, effluent concentrations, and releases to sewers, for heavy metal radionuclides, with nonradiological chemical toxicity hazards exceeding that of their radiological hazards so that those limits properly reflect the hazards associated with danger to organs, reproductive toxicity, and all other known nonradiological aspects of heavy metal toxicity. Specifically, the petition focused on uranium toxicity. The petitioner also requested that the classification for uranium trioxide within Class W, given in the Class column of the table for Uranium-230 in Appendix B to 10 CFR part 20, be amended to Class D. In addition, the petitioner requested that monomeric (monomolecular) uranium trioxide gas, as produced by the oxidation of U <sup>3</sup> O <sup>8</sup> at temperatures above 1000° Celsius, be assigned its own unique solubility class if necessary, when its solubility characteristics become known. In providing support for the petition, the petitioner states that NRC's regulations were designed to address only the radiological hazard of uranium, and not heavy metal toxicity which is known to be about six orders of magnitude worse. The petitioner believes that current regulations allow intake of more soluble compounds than insoluble compounds and that, in practice, the soluble compounds are more toxic than the insoluble compounds. The petitioner states that this should indicate that long half-life uranium isotope standards need to be revised. The petitioner states that the current NRC regulations allow an annual inhalation of more than two grams of uranium. The petitioner also states that because “...the LD50/30 [lethal dose to 50 percent of a population in 30 days] of uranyl nitrate (which has considerably less uranyl ion per unit of mass than uranium trioxide) is 2.1 mg/kg in rabbits, 12.6 mg/kg in dogs, 48 mg/kg in rats, and 51 mg/kg in guinea pigs and albino mice,” two grams of UO <sup>3</sup> seems very likely to comprise a fatal dose for a 200 pound human (Gmelin Handbook of Inorganic Chemistry, 8th edition, English translation (1982), Vol. U-#A7, pp. 312-322). The petitioner indicates that the values in NRC's regulations seem much too high and were likely derived to avoid immediate kidney failure, without regard to reproductive toxicity nor with sufficient care to avoid allowing lethal exposures. The petitioner states that the limit of 10 mg/day 1 of soluble uranium compounds (or about half a gram per year) in 10 CFR 20.1201(e) seems likely to allow substantial kidney damage and certain reproductive toxicity. The petitioner states that the correct way to account for the reproductive toxicity is probably to measure resulting mutations of mammalian peripheral lymphocytes. 1 10 CFR 20.1201(e) limits soluble uranium intake to 10 mg/week, not 10 mg/day as asserted by the petitioner. In support of the petitioner's request for changes to solubility classes, the petitioner states that the primary mode of uranium toxicity involves much greater solubility. The petitioner asserts that UO <sup>3</sup> should be amended from Class W to Class D based on Morrow, *et al.* , Health Physics, 1972 “Inhalation Studies of Uranium Trioxide” (Health Physics, vol. 23 (1972), pp. 273-280), which states: “inhalation studies with uranium trioxide (UO <sup>3</sup> ) indicated that the material was more similar to soluble uranyl salts than to the so-called insoluble oxides UO <sup>3</sup> is rapidly removed from the lungs, with most following a 4.7 day biological half time.” The petitioner also states that monomeric uranium trioxide gas will turn out to be absorbed more rapidly in the mammalian lung than uranyl nitrate, because of its monomolecular gas nature, and not merely about as rapidly as the studies of granular uranium trioxide by P.E. Morrow, *et al.* , indicate (“Inhalation Studies of Uranium Trioxide,” Health Physics, vol. 23 (1972), pp. 273-280). The petitioner states that even Class D may not be appropriate for monomolecular uranium trioxide gas and that it should be assigned its own unique solubility class, if necessary, when its solubility characteristics become known (R. J. Ackermann, R. J. Thorn, C. Alexander, and M. Tetenbaum, in “Free Energies of Formation of Gaseous Uranium, Molybdenum, and Tungsten Trioxides,” Journal of Physical Chemistry, vol. 64
(1960)pp. 350-355: “gaseous monomeric uranium trioxide is the principal species produced by the reaction of U <sup>3</sup> O <sup>8</sup> with oxygen” at 1200° Kelvin and above). In providing additional technical support of the petition, the petitioner referenced several studies regarding potential uranium toxicity, including follow-up studies of health impacts on Gulf War veterans of exposure to depleted uranium
(DU)(see Section III(4) of this document). In addition to these references submitted as part of the petition, the petitioner also referenced several studies in three e-mails submitted in support of the petition as part of the public comment process. These documents, discussed in Section II of this document, were also considered as part of NRC's response to the petition in Section III(4) of this document. In addition, on April 3, 2005, the petitioner filed a separate petition (ML051240497) under 10 CFR 2.206 of the Commission's regulations regarding impacts of operation of DU munitions licensees on the public health and safety. As part of that proceeding, the petitioner submitted several additional documents related to potential impacts of uranium chemical toxicology on public health and safety and uranium chemical behavior in various environments. These studies were also considered as part of NRC's response to the petition in Section III(4) of this document. All of the supporting studies referenced by the petitioner focused on the toxicity of uranium; similar studies were not submitted regarding other heavy metals. II. Public Comments on the Petition The notice of receipt of the petition for rulemaking invited interested persons to submit comments. The comment period closed on August 29, 2005. NRC received eight comment letters before the comment period closed and four additional comments after the close of the comment period. There were four letters from the general public supporting the petition, including three from the petitioner. There were eight letters opposing the petition, including five from the uranium industry, one from the Nuclear Energy Institute (NEI), one from a physician, and one from an individual. Commenters supporting the petition noted that the U.S. Code, Title 42, Section 2114, states that NRC is to protect public health and safety from non-radiological as well as radiological hazards. 2 These commenters state that current regulations are inadequate because they ignore reproductive toxicity of heavy metals and that toxins should not be released if a fully established toxicology profile is not prepared. These commenters cite information indicating that the chemical toxicity of uranium is 6 orders of magnitude greater than its radiological toxicity in vitro and that the toxicity profile for uranium combustion product inhalation in humans is unknown beyond 14 years and that uranium accumulates in testes damaging sperm cells and induces chromosome damage. These commenters referenced studies that specifically considered potential uranium reproductive toxicity on Gulf War Veterans and also referenced additional studies which cited potential chemical neurotoxicity of uranium based on studies of effects of brain function in rats following intake of uranium (see Section III(4) of this document). In referring to a U.S. Transuranium and Uranium Registries (USTUR) study cited by the uranium industry, these commenters stated that a relative amount of uranium in a human body in the USTUR study has no bearing on the question of reproductive toxicity. Instead, these commenters assert that only the extent to which the uranium may cause chromosome damage is important, and that regulators should establish uranium exposure limits to avoid unacceptable levels of reproductive harm. These commenters state that despite the amount of data being small and/or the level of harm not known, the Commission must protect public health and safety by setting acceptable exposure limits even if that requires extrapolating the existing known toxicity profile of heavy metal and assuming worst cases and/or performing additional research on uranium exposure. 2 U.S. Code, Title 42, Section 2114 applies to a specific category of byproduct material defined in section 11(e)(2) of the Atomic Energy Act of 1954, as amended. Section 11(e)(2) byproduct material includes “the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.” Those commenters who opposed the petition noted that non-radiological effects are better, and adequately, addressed elsewhere in Federal regulations and that NRC's current regulations address both radiological and chemical toxicity of uranium. In addition, these commenters note that NRC recognizes that the chemical toxicity of uranium is greater than radiological toxicity in 10 CFR 20.1201 and that the current limits set forth in 10 CFR part 20 are protective of human health. With regard to chemical toxicity, these commenters cited a National Institute of Occupational Safety and Health study on uranium mill workers that states that mortality was less than expected and lower than the general population, and that there is no statistically significant increase in deaths due to renal failure. These commenters note that this suggests that current low exposure standards have a considerable margin of safety with respect to chemical toxicity. These commenters also stated that workers engaged in handling uranium have experienced very few, if any, adverse health impacts. These commenters also provided comment on studies cited by the petitioner on reproductive toxicity and neurotoxicity (see Section III(4) of this document). These commenters cited a USTUR study which stated that levels in testes of a man exposed to uranium during a working career are not uncommon among that seen in the aged, indicating that uranium in reproductive organs is not a major issue. These commenters note that some data cited in the petition may not adequately represent American workers, are not rigorously documented, or were at doses in excess of uranium exposure limits. Thus, overall, these commenters note that, until data from rigorous toxicological studies are available, there is inadequate data on uranium toxicity at current permissible exposure levels to warrant changes to 10 CFR part 20. III. Reasons for Denial NRC is denying this petition. The rationale for NRC's denial of the petition is discussed as follows.
(1)NRC's Current Regulations Limiting Occupational Exposure Provide Adequate Protection of Public Health and Safety. NRC has established standards for protection against ionizing radiation resulting from activities conducted by licensees and has codified these standards in 10 CFR Part 20. These regulations are intended to control the receipt, possession, use, transfer, and disposal of licensed material by its licensees. Licensed material is any source, byproduct, or special nuclear material received, possessed, used, transferred, or disposed of under a general or specific license issued by NRC. Appendix B, Table 1, to 10 CFR part 20 lists “Annual Limits on Intake”
(ALI)and “Derived Air Concentrations”
(DAC)of radionuclides for occupational exposure. In addition to these radiological values, NRC's regulations in 10 CFR part 20 also contain the following specific limits for uranium based on chemical toxicity: § 20.1201(e) requires licensees to limit soluble uranium intake by an occupationally-exposed individual to 10 mgU/week; and Appendix B to 10 CFR part 20, Footnote 3, limits occupational exposure to mixtures of soluble uranium to an average of 2 mgU/m 3 over a 40 hour period. These uranium limits are based on chemical toxicity and are limiting in situations where the ALI and DAC would allow intake of greater than 10 mgU/week, or exposure to greater than 2 mgU/m 3 averaged over a 40 hour period. The basis for NRC's occupational chemical toxicity limits for uranium are given in an amendment to 10 CFR part 20 (39 FR 13671; April 16, 1974) and are based on the threshold limit value
(TLV)of 0.2 mgU/m 3 as adopted by the American Conference of Governmental Industrial Hygienists (ACGIH). Federal Guidance Report
(FGR)No. 11, which was published by the Environmental Protection Agency's
(EPA)Office of Radiation Programs, states that recommendations of the ACGIH should be consulted when limiting the airborne concentration of chemical substances in the workplace. 3 The ACGIH is an independent scientific organization made up of industrial hygienists and other occupational health and safety professionals and whose committees review existing published and peer-reviewed literature in various scientific disciplines ( *e.g.* , industrial hygiene, toxicology, occupational medicine, and epidemiology). Based on these reviews, the ACGIH publishes guidelines known as TLVs for making decisions regarding safe levels of exposure to various chemical agents found in the workplace. Recommendations of the ACGIH consider health impairments that shorten life expectancy, compromise physiological function, impair ability to resist other toxic substances, or adversely affect reproductive function, and are reviewed and updated periodically. ACGIH notes that each year it publishes TLVs, provides public notice of its TLVs, invites interested parties to submit substantive data and comments to assist in its deliberations, and places certain chemicals on its “Under Study” list. This information and data is then collected and reviewed by an ACGIH committee and ratified, as appropriate, for inclusion in ACGIH updates on TLVs. Despite the continuing review undertaken during this process, the uranium TLV of 0.2 mgU/m 3 has not been changed by ACGIH in 30 years nor, as of May 2008, is the uranium TLV listed on the ACGIH's Under Study list on its Web site. Based on the processes for development and review of information in this area, NRC believes that its current occupational exposure limits for uranium have a sound scientific and technical basis and provide adequate protection of public health and safety. 3 Although the ACGIH concentration limit is based on inhalation, rather than ingestion, the § 20.1201(e) occupational intake limit (which is based on the ACGIH limit) is conservative with respect to ingestion pathways because of the significantly lower absorption of soluble uranium into the bloodstream though the gastrointestinal tract than through the lungs (Reference: Institute of Medicine “Gulf War and Health,” copyright 2000, National Academy Press, Washington DC).
(2)NRC's Effluent Values Provide Adequate Protection of Public Health and Safety. In addition to occupational exposure limits, Appendix B to 10 CFR part 20 also contains concentration values for release of nuclides in effluents. Specifically, Tables 2 and 3 in Appendix B contain effluent concentration values for releases to unrestricted areas and for releases to sewers, respectively. The effluent and sewer concentration values in Tables 2 and 3 are derived by reducing the radiological occupational limits in Table 1 by a factor of 300 for air effluents, a factor of 100 for water effluents, and a factor of 10 for sewer discharges. These factors are applied to account for the substantially lower radiation dose limits applicable to the general public; increased exposure time applicable to the general public compared to occupational exposure time; different inhalation rates; and, as appropriate, age. Application of these reducing factors provides some assurance that the effluent and sewer values in Tables 2 and 3 are protective from a chemical standpoint. For example, for natural uranium and uranium-238 (two nuclides listed in 10 CFR part 20, Appendix B, which reasonably approximate DU behavior) the radiological air effluent values in Table 2 provide protection against chemical effects of uranium because the air effluent values are 300 times less than the radiological air occupational limits in Table 1. In turn, the radiological air occupational limits in Table 1 for natural uranium are similar in magnitude to the uranium chemical limit. 4 Further, the radiological water effluent and sewer discharge values for natural uranium and uranium-238 are similar in magnitude to the uranium chemical limit. As noted in footnote 4 to this document, however, absorption of soluble uranium is significantly lower for ingestion than for inhalation. In addition, with regard to sewer releases, additional dilution and removal is likely to occur prior to release to the environment, either as part of the discharge process itself or during processes which occur at the water treatment plant that processes a licensee's sewer discharges. 4 Although the chemical toxicity and radiological values are expressed in different units, they can be compared by using the specific activity of the form of uranium in question and by using, as appropriate, the air intake and ingestion intake values given in Appendix B to Part 20. Specific activity is defined as the radioactivity of a given nuclide per gram of the material. Other NRC regulations further limit the amount of radioactive material that may be released to unrestricted areas and sewers to levels below the public dose limits upon which the values in Tables 2 and 3 are based. These requirements include § 20.1101(b), which requires that each NRC licensee use procedures and engineering controls to achieve doses to members of the public that are “as low as reasonably achievable (ALARA);” §§ 20.1101(d) and 50.34a, which contain requirements for implementing the ALARA principal; and 20.1301(e), which constrains allowable doses to the public, resulting from uranium fuel cycle operations, to levels below the public dose limits upon which the values in Tables 2 and 3 are based. In addition, the assumptions used to derive the effluent values in Appendix B are considered conservative with regard to any actual exposures likely to be received because they assume continuous (24 hours/day, 7 days/week) exposure at the facility boundary without additional dilution in the environment. Application of these regulatory requirements and conservative exposure assumptions serve to limit any actual exposure likely to be received by a member of the public to levels below the values in Appendix B to 10 CFR part 20. Based on the above, it is unlikely that any effluent releases to unrestricted areas or releases to sewers meeting the effluent limits in Appendix B to 10 CFR part 20 would result in chemically significant exposures. In addition, application of the other NRC regulations and the conservative exposure assumptions discussed previously serve to limit any actual exposures to levels below the values given in Tables 2 and 3 of Appendix B to 10 CFR part 20. Therefore, NRC believes that its current limits provide adequate protection of public health and safety.
(3)NRC's Solubility Classification Has a Sound Technical Basis. Appendix B to 10 CFR part 20 groups uranium according to solubility classes which refer to their retention (days, weeks, years) in the pulmonary region of the lung. The solubility classifications in Appendix B to 10 CFR part 20 are consistent with those in FGR No. 11, issued by the EPA in September 1988. They are also consistent with the discussion of solubility in the U.S. Department of Health and Human Services report on toxicological profile for uranium. The solubility classifications in Appendix B to 10 CFR part 20 are taken from the International Commission on Radiological Protection
(ICRP)Publication 30 issued by the ICRP (published in a series of reports, supplements, and addenda from 1979 to 1989). FGR No. 11 and ICRP Publication 30 discuss the basis for placing the uranium compounds in the different solubility classes. ICRP is an expert body in the field of establishing radiation standards and NRC often uses recommendations of that body in establishing its standards in 10 CFR part 20.
(4)Studies Presented in Support of the Petition Do Not Provide a Sufficient Reason for NRC to Revise its Current Occupational, Effluent, and Sewer Limits, and Solubility Classification. As noted in Section I of this document, NRC considered information submitted in support of the petition, either as part of the petition, as comments on the petition, or as part of the § 2.206 petition on impacts of operation of DU munitions licensees on public health and safety. The more than 20 studies and reports referenced by the petitioner have included information based on data from Gulf War Veterans with exposure to DU during military deployment; results from studies involving exposure of animals to DU; and uranium chemical behavior in various environments. The petitioner indicated that these studies suggested renal, reproductive, and neurotoxic effects on humans that could occur as a result of exposure to DU. For example, the petitioner specifically referenced excerpts from the Gulf War studies stating conclusions, such as the risk of malformation among pregnancies being 50 percent greater for Gulf War Veterans when compared to non-Gulf War Veterans; and that infants conceived to Gulf War Veterans had significantly higher birth defects (see Docketed Comment Number 2 from James Salsman, dated June 16, 2005 (ML051680165)). The petitioner also noted that tests on rats involving exposure to DU resulted in strong evidence of DU accumulation in the testes and kidneys of the tested animals. In addition to these health effects studies, the petitioner presented data on uranium solubility in technical documents referred to in the petition (see Section I of this document) and in references to other studies as part of the separate petition filed under 10 CFR 2.206. As noted in Section II of this document, those commenters who opposed the petition provided comment on studies cited by the petitioner and did not agree that the studies cited were sufficient to support a change to 10 CFR part 20, noting specifically that study results from war-time exposures do not represent current occupational exposure limits in Part 20 and that data from animal experiments were at exposure levels well in excess of 10 CFR part 20 uranium exposure limits. In general, these commenters indicated that the studies cited are too premature and/or not rigorous enough in their methodology to support a change in NRC's regulations. NRC has concluded that, taken as a whole, the studies submitted by the petitioner do not provide a sufficient reason to revise the occupational exposure and effluent limits or solubility values currently codified in 10 CFR part 20. For example, many of the studies referenced by the petitioner investigate the correlation between health effects and exposure to DU munitions during the Gulf War. The exposure scenarios in these Gulf War studies included scenarios of exposure to DU dusts, vapors, and aerosols; to permanently imbedded shrapnel containing DU; and to a complex, potentially synergistic, set of various agents including infectious agents, chemical warfare agents, vaccines, and environmental pollutants. Similarly, in considering the animal studies submitted by the petitioner, NRC notes that the studies did not provide conclusive dose-response relationships, suggesting instead that further specific analyses were needed. Further, the effects described in certain studies resulted from uranium exposure in excess of doses allowed by current regulations. Thus, these studies would not challenge current uranium chemical or radiological limits for humans. In addition, while the petition requested the revision of exposure and effluent limits for all heavy metal radionuclides with chemical hazards that exceed their radiological hazards, the supporting information submitted by the petitioner focused exclusively on uranium. The petitioner did not provide information or studies addressing other heavy metal radionuclides that would cause the NRC to revise the exposure and effluent limits currently codified in 10 CFR part 20. With regard to the studies on solubility, NRC does not consider the data sufficient to prompt the adoption of values different from those recommended in FGR 11 and ICRP Publication 30 because the environments considered in certain of the studies ( *e.g.* , war-time environment with combustion after DU munitions hit hard targets, loss of coolant accidents) are not comparable to the broad range of licensees regulated under 10 CFR part 20, and the chemical species noted are generated by physical and chemical interactions not associated with the broad range of license activities covered by Part 20. Thus, based on review of the referenced studies, NRC does not believe that these studies provide sufficient support for a revision to the limits and values in Part 20 because of the uncertainty in the levels of exposure in the war arena; differences in exposure scenarios; potential confounding effects of exposures to other environmental pollutants; and differences between the uranium doses evaluated in the studies and the occupational and public doses that are likely to be received given NRC's current occupational and effluent limits. In addition, the studies referenced do not provide dose-response information that would be necessary to revise NRC's uranium chemical exposure limits in a meaningful way. These studies also generally note that caution should be used in interpreting results given and that further investigations should be made. Other commenters on the petition noted that data in the studies are either already addressed by existing regulations or are premature to influence public policy with respect to the issues NRC is considering.
(5)Relationship of this Rulemaking Petition to Petitions Submitted Pursuant to 10 CFR 2.206. The request made by the petitioner in this petition for rulemaking was limited to changes to the 10 CFR part 20 occupational exposure limits, effluent limits, and solubility categorization of heavy metal nuclides, with a particular focus on uranium. The petitioner did not directly raise specific concerns with regulations governing the licensing and operations of DU munitions licensees in his rulemaking petition. As noted in Section I of this document, on April 3, 2005, the petitioner filed a separate petition (ML051240497) under NRC's § 2.206 related to the licensing and operations of DU munitions licensees. The NRC denied the petitioner's initial § 2.206 petition (ML051240497) on its merits in a decision dated December 30, 2005 (ML053460450). The petitioner submitted two additional § 2.206 petitions on this subject dated July 12, 2006 (ML062140659), and December 2, 2006 (ML070080059). The NRC rejected both of these petitions by letters dated September 26, 2006 (ML062640210), and May 4, 2007 (ML071170288), respectively. The NRC's § 2.206 denial and rejection letters referenced this rulemaking proceeding to the extent that the petitioner's requests constituted a generic concern about the nature and magnitude of safety hazards associated with inhaled byproducts of DU and the adequacy of NRC regulations pertaining to limits for ingestion and inhalation occupational values, effluent concentrations, and releases to sewers. With regard to these generic concerns and based on the information reviewed in evaluating this petition for rulemaking, the NRC believes that the occupational exposure and effluent limits for uranium contained in Part 20—which apply to DU munitions licensees—are adequate to protect public health and safety, and, therefore, the NRC does not believe that changes in the regulations governing licensed use of DU munitions are required at this time. As stated in the NRC's May 4, 2007, letter to the petitioner (ML071170288), the NRC does not have the statutory authority to regulate foreign or combat use of DU munitions. IV. Conclusion NRC is denying the petition because current NRC regulations have a sound scientific and technical basis and provide adequate protection of public health and safety. In developing these regulations, NRC considered both the radiological and chemical toxicity of uranium, ultimately adopting the TLV for uranium established by the ACGIH. The ACGIH is an expert body in the area of chemical toxicity and federal guidance recommends using ACGIH limits when setting chemical exposure limits. As discussed in Section III(1) of this document, the ACGIH has a process for updating TLVs but has not updated the uranium TLV at this time. The information provided by the petitioner does not provide a sufficient reason to initiate a revision of NRC's existing requirements. Specifically, the petitioner has not presented sufficient peer-reviewed data, pertinent to the types and levels of exposures associated with the concentration values used in Appendix B to 10 CFR part 20, to provide a sufficient reason for NRC to initiate a revision of its regulations. Thus, the NRC has decided not to expend limited resources initiating a rulemaking at this time. For the reasons cited in this document, the NRC denies this petition. Dated at Rockville, Maryland, this 11th day of July, 2008. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. E8-17108 Filed 7-24-08; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 4, 7, 10, 102, 134 and 177 [USCBP-2007-0100] RIN 1505-AB49 Uniform Rules of Origin for Imported Merchandise AGENCIES: Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: This document proposes to amend the U.S. Customs and Border Protection (“CBP”) Regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. This proposal would extend application of the country of origin rules codified in 19 CFR part 102. Those rules have proven to be more objective and transparent and provide greater predictability in determining the country of origin of imported merchandise than the system of case-by-case adjudication they would replace. The proposed change also will aid an importer's exercise of reasonable care. In addition, this document proposes to amend the country of origin rules applicable to pipe fittings and flanges, printed greeting cards, glass optical fiber, and rice preparations. Finally, this document proposes amendments to the textile regulations set forth in § 102.21 to make corrections so that the regulations reflect the language of section 334(b)(5) of the Uruguay Round Agreement Act. DATES: Comments must be received on or before September 23, 2008. ADDRESSES: You may submit comments, identified by docket number, by *one* of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments via docket number USCBP-2007-0100. • *Mail:* Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., (Mint Annex), Washington, DC 20229. *Instructions:* All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* . Submitted comments may be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at
(202)572-8768. FOR FURTHER INFORMATION CONTACT: Ned Leigh, Valuation and Special Programs, Office of International Trade, 202-572-8827; Heather K. Pinnock, Tariff Classification and Marking, Office of International Trade, 202-572-8828. SUPPLEMENTARY INFORMATION: I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the proposed rule. CBP also invites comments that relate to the economic, environmental, or federalism effects that might result from this proposed rule. Comments that will provide the most assistance to CBP will reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. See ADDRESSES above for information on how to submit comments. II. Background CBP notes initially that in this document, references to the U.S. Customs Service or Customs concern the former U.S. Customs Service or actions undertaken by the former U.S. Customs Service prior to its transfer to the Department of Homeland Security (“DHS”) under the Homeland Security Act and the Reorganization Plan Modification for DHS of January 30, 2003. All merchandise imported into the United States is subject to a country of origin determination. The origin of imported goods is determined for various purposes, including admissibility into the United States, eligibility for preferential trade programs, country of origin marking requirements, and administration of the U.S. textile import program. It is important to note that origin-related determinations are also made in the context of the scope of investigations, orders or measures pertinent to the administration of the trade remedy laws and application of trade relief (e.g., antidumping and countervailing duties under Title VII of the Tariff Act of 1930, as amended, and safeguard remedies imposed pursuant to sections 201 or 421 of the Trade Act of 1974). Although such trade remedy origin-related scope determinations generally mirror the origin determinations made by CBP in its administration of the customs laws, they may differ, and in such cases, the origin-related scope determinations made by the administering authority (the Department of Commerce), and not CBP, are dispositive for purposes of administering the trade remedy laws. 1 1 The origin-related scope determination of the administering authority (Department of Commerce) is for trade remedy purposes only; it does not alter CBP's origin determination for customs purposes unrelated to trade remedies. Under current regulations, there are two primary methods that CBP uses to determine the country of origin of imported goods that are processed in, or contain materials from, more than one country. One method employs case-by-case adjudication to determine whether goods have been “substantially transformed” in a particular country, and the other method employs codified rules, also used to determine whether a good has been “substantially transformed,” primarily expressed through changes in tariff classification. The substantial transformation standard has developed from a series of federal court decisions issued over many years. The standard was first applied by the U.S. Supreme Court in the case of *Anheuser-Busch Brewing Association* v. *United States* , 207 U.S. 556 (1908). In that case, the Supreme Court considered whether the cleaning, sanitizing, and coating of imported beer bottle corks constituted a “manufacture” of the corks in the United States for drawback purposes. The Court concluded that the articles were not manufactured in the United States because the imported corks remained corks after the processing. According to the court, manufacture requires a “transformation; a new and different article must emerge, `having a distinctive name, character or use.' ” *Anheuser-Busch* , 207 U.S. at 562 (quoting *Hartranft* v. *Wiegmann* , 121 U.S. 609, 615 (1887)). In *United States* v. *Gibson-Thomsen Co., Inc.* , 27 CCPA 267, C.A.D. 98 (1940), the U.S. Court of Customs and Patent Appeals applied the substantial transformation standard in a country of origin marking context, holding that imported wood brush blocks and toothbrush handles became products of the United States when processed into hairbrushes and toothbrushes, respectively. The court stated that the imported articles lost their identity and became “an integral part of a new article having a new name, character, and use.” Under this standard, a good must be substantially transformed in a country in order for it to be considered a product of that country. Because in almost all cases there can be only one country of origin for rules of origin purposes, the standard refers to the country in which the last substantial transformation occurs. Despite its heritage and apparent straightforwardness, administration of the substantial transformation standard has not been without problems. These problems derive in large part from the inherently subjective nature of judgments made in case-by-case adjudications as to what constitutes a new and different article and whether processing has resulted in a new name, character, and use. The substantial transformation standard has evolved over many years through numerous court decisions and CBP administrative rulings. Because the rule has been applied on a case-by-case basis to a wide range of scenarios and has frequently involved consideration of multiple criteria, the substantial transformation standard has been difficult for the courts and CBP to apply consistently and has often resulted in a lack of predictability and certainty for both CBP and the trade community. In an effort to simplify and standardize country of origin determinations, Customs developed a codified method that uses specified changes in tariff classification (tariff shifts) and other rules to express the substantial transformation concept. Under this codified method, the substantial transformation that an imported good must undergo in order to be deemed a good of the country where the change occurred is usually expressed in terms of a specified tariff shift as a result of further processing. The U.S. Customs Service originally proposed simplified and standardized rules for determining a product's country of origin in a document published in the **Federal Register** on September 25, 1991 (56 FR 48448), proposing to amend the CBP Regulations to establish in Part 102, uniform rules governing the determination of the country of origin of imported merchandise that is wholly obtained or produced in a single country. Customs refined and expanded the original proposal with a second proposal that was published in the **Federal Register** on January 3, 1994 (59 FR 141). In a document published in the **Federal Register** (59 FR 110) on the same day, Customs applied the proposed rules on an interim basis to trade among the NAFTA countries, in order to implement a commitment under Annex 311 of NAFTA. Based on a review of the comments received in response to the January 3, 1994, proposal, Customs published another document in the **Federal Register** on May 5, 1995 (60 FR 22312) which, in part, provided further clarification and explanation of the intent behind the proposed uniform rule concept. Later that year, Congress, in section 334 of the Uruguay Round Agreements Act, mandated a codified approach for determining the origin of textile and apparel products, except for those textile and apparel products that are products of “a country that is party to an agreement with the United States establishing a free trade area, which entered into force before January 1, 1987.” (This includes only the U.S.-Israel FTA.) In Treasury Decision (T.D.) 96-48, however, published in the **Federal Register** on June 6, 1996 (61 FR 28932), Customs announced its decision not to apply the Part 102 rules more broadly than to trade among NAFTA countries, at that time. Customs noted, however, that “the proposal to extend section 102 to all trade * * * should remain under consideration for implementation at a later date.” (In this context, it should also be noted that in *Bestfoods* v. *United States* , 165 F.3d 1371 (Fed. Cir. 1999), the U.S. Court of Appeals for the Federal Circuit found Part 102 valid and that it was not necessary for Congress to amend the marking statute (19 U.S.C. 1304) to effect that change because “nothing in the statute requires continued adherence to the case-by-case approach.” (165 F.3d at 1375-76.) Shortly after the June publication of T.D. 96-48, Customs, on July 1, 1996, gave effect to section 334 of the Uruguay Round Agreements Act by implementing the Part 102 rules of origin relating to trade in textile and apparel products (found at 19 CFR 102.21), which are uniformly applicable to all textile and apparel imports except for purposes of determining whether goods originate in Israel, ( *see* T.D. 95-69, published in the **Federal Register** on September 5, 1995 (60 FR 46188)). Consequently, since 1996 the Part 102 rules have applied to all imports from Canada and Mexico, and nearly all imports of textile products, accounting for approximately 40 percent of total U.S. imports. As a result, both the importing community and CBP have extensive experience in applying the Part 102 rules to goods from Canada and Mexico. CBP's experience in administering country of origin rules using the codified method has been that, by virtue of their greater specificity and transparency, codified rules result in determinations that are more objective and predictable than under the case-by-case adjudication method. Therefore, CBP is proposing to extend application of the Part 102 rules of origin to all country of origin determinations made under the customs and related laws and the navigation laws of the United States, unless otherwise specified. 2 2 Origin-related scope determinations made by the administering authority for trade remedy purposes (Department of Commerce) may differ from the origin determinations made by CBP for customs purposes. For purposes of administering the trade remedy laws, the origin-related scope determinations made by the administering authority, not CBP, are controlling. However, the origin-related scope determination of the administering authority is for trade remedy purposes only; it does not alter CBP's origin determination for customs purposes unrelated to trade remedies. Specifically with regard to determining origin for purposes of applying preferential trade agreements, the Part 102 rules will not be used where agreements specify another origin test for that purpose. For example, application of tariff benefits under NAFTA are determined by the origin rules set out in Chapter Four of that agreement. Moreover, the Part 102 rules will not be used for making preference determinations for goods other than textile and apparel goods under the United States-Israel and United States-Jordan Free Trade Agreements because it has been the understanding of U.S. negotiators and trade officials of those governments that the case-by-case method would be used for making origin determinations for preference purposes under those agreements. CBP will, however, use the appropriate sections of Part 102 to make all other origin determinations (non-preference or preference) regarding goods from Israel and Jordan. The Part 102 rules of origin will, however, be used to administer those free trade agreements already negotiated that use the substantial transformation standard as part of the test to determine whether products qualify for reduced tariffs where under these agreements the trade negotiators had reached an understanding that the codified rules under Part 102 should guide those determinations, to date, the United States-Bahrain and United States-Morocco Free Trade Agreements. It is also CBP's intent to apply the Part 102 rules to any FTA negotiated in the future using the substantial transformation standard, unless otherwise specified. A. Reasonable Care Under section 484 of the Tariff Act, as amended (19 U.S.C. 1484), the importer of record is responsible for using reasonable care to enter, classify, and determine the value of imported merchandise and to provide any other information necessary to enable CBP to assess duties properly, collect accurate statistics, and determine whether any other applicable legal requirements have been met. An importer's reasonable care obligations include ensuring that CBP entry documents reflect the correct country of origin of imported merchandise. As explained above, CBP believes that the proposed extension of the Part 102 country of origin rules to all trade will result in determinations that are more objective, transparent, and predictable and will therefore facilitate the exercise of reasonable care by importers with respect to their obligations regarding the identification of the proper country of origin of imported merchandise. B. Tariff Shift Rules for Pipe Fittings and Flanges, Printed Greeting Cards, Glass Optical Fiber, Rice Preparations, and Certain Textile Products After over 10 years of concurrently administering the codified and the case-by-case methods for determining origin, CBP has identified five specific product areas in which the outcomes of the two systems have been inconsistent and for which we believe the codified rules in Part 102 should be altered: Pipe fittings and flanges, greeting cards, glass optical fiber, rice preparations, and certain textile products. The disparate outcomes for pipe fittings and flanges have been known to exist since the original proposal for the Part 102 rules; they stem from disparate outcomes in earlier adjudications under the case-by-case method. The inconsistencies for printed greeting cards, glass optical fiber, and certain textile products stem from errors in drafting Part 102. The change for rice preparations stems from a recent change in practice by CBP. 1. Pipe Fittings and Flanges In *Midwood Industries, Inc* . v. *United States* , 64 Cust. Ct. 499, C.D. 4026, 313 F. Supp. 951 (1970), *appeal dismissed* , 57 CCPA 141 (1970), the U.S. Customs Court determined that the U.S. processor of imported rough steel forgings who subjected the forgings to several machining processes, such as boring, facing, spot facing, drilling, tapering, threading, bevelling, and heating and compressing, was the ultimate purchaser of the forgings for purposes of the country of origin marking statute, 19 U.S.C. 1304, and therefore the resulting finished fittings and flanges were not required to carry country of origin markings. In determining that the steel forgings were substantially transformed in the United States, the court found it relevant that the imported forgings were changed from producers' goods to consumers' goods. Customs noted in a document published in the **Federal Register** on May 5, 1995 (60 FR 22312, 22315), that the Part 102 rules of origin do not stipulate that all forgings manufactured into fittings and flanges undergo a substantial transformation, and that the U.S. Court of International Trade has not employed the “consumer-good-versus-producer-good” analysis used by the Customs Court in *Midwood* . Customs further stated that it believed that the proposed Part 102 tariff shift rules relating to fittings and flanges would be sustained by the U.S. Court of International Trade in light of more recent court decisions as well as changes in industry practices since the date of the *Midwood* decision (1970). Following the 1995 notice, in T.D. 00-15, “ *Final Interpretation: Application of Producers' Good Versus Consumers' Good Test in Determining Country of Origin Marking* ,” published in the **Federal Register** on March 12, 2000 (65 FR 13827), Customs announced that it would no longer rely on the distinction between producers' goods and consumers' goods in making origin determinations and that all pipe fittings and flanges produced in the United States from imported forgings must be marked with the country of origin of the imported forgings. In addition, Customs informed interested parties in a notice published in the Customs Bulletin and Decisions on June 7, 2000 (34 Cust. B. & Dec. 51 (2000)), that it intended to revoke or modify (as applicable), pursuant to 19 U.S.C. 1625(c)(1), the pipe fitting and flange Customs rulings that used the distinction between producers' and consumers' goods in making country of origin marking determinations. The notice of final revocation/modification was published in the Customs Bulletin and Decisions on August 2, 2000 (34 Cust. B. & Dec. 10 (2000)). In *Boltex Manufacturing Co.* v. *United States,* 24 CIT 972, 140 F. Supp. 2d 1339 (2000), the U.S. Court of International Trade vacated T.D. 00-15, determining that Customs had abused its discretion by encroaching on judicial authority and relying on a legal conclusion in deciding that Midwood and the producers' goods-consumers' goods distinction was no longer good law, rather than engaging in and providing a reasoned factual analysis in support of its determination that the forgings had to be marked. *Id.* at 1347, 1348. Accordingly, CBP rescinded the action announced in the August 2, 2000, Customs Bulletin notice, which had relied on vacated T.D. 00-15. Because the court in *Boltex* stated that CBP need not rely on *Midwood* in all instances, and that it may well be possible that *Midwood* would be decided differently today, CBP published in the Customs Bulletin and Decisions on November 21, 2001 (35 Cust. B. & Dec. 35 (2001)), a notice of proposed modification/revocation of rulings explaining why *Midwood* should no longer be followed for determining the country of origin applicable to pipe fittings and flanges. Following a review of the comments received and after further consideration of the judicial guidance in *Boltex,* CBP believes the codification of the substantial transformation standard as it relates to the processing of forgings into fittings and flanges is best reflected by the proposed rule set forth below, which is consistent with the result in *Midwood.* Section 102.20(n) (Section XV: Chapters 72 through 83) of the CBP Regulations (19 CFR 102.20(n)) sets forth the tariff shift rule for determining the country of origin of goods imported from Canada or Mexico that are classified in headings 7301 through 7307, HTSUS, which include forgings, pipe fittings, and flanges of heading 7307. According to the rule, which requires “[a] change to heading 7301 through 7307 from any other heading, including another heading within that group,” the processing of unfinished pipe fittings and flanges into finished goods does not result in a change of origin for articles imported from a NAFTA country. As noted above, this rule was intended to codify what CBP believed reflected current industry practices and general principles enunciated by the courts since the *Midwood* decision. Based on the comments received in response to the November 21, 2001, Customs Bulletin notice, and in considering *Boltex,* CBP is proposing to amend the Part 102 rule for goods classified in heading 7301 through 7307 to provide (consistent with the result in *Midwood* ) for a change within heading 7307 from fitting forgings or flange forgings to fittings or flanges made ready for commercial use by certain processing, including bevelling, bore threading, center or step boring, face machining, heat treating, recoining or resizing, taper boring, machining ends or surfaces other than a gasket face, drilling bolt holes, and burring or shot blasting. 2. Greeting Cards In this document, CBP also proposes to amend the specific change in tariff classification rule set forth in § 102.20(j) (Section X, Chapters 47 through 49) for headings 4901 through 4911 of the HTSUS, which includes printed greeting cards. This tariff shift rule currently provides for “[a] change to heading 4901 through 4911 from any other heading, including another heading within that group.” With respect to greeting cards, the effect of this rule is a change in origin of an unfinished greeting card bearing no textual message (classified in heading 4911) when it is further processed in a second country by the addition of printed text (becoming a good of heading 4909). However, an unfinished greeting card bearing some printed text (classified in heading 4909) will not satisfy the tariff shift rule (and therefore will not undergo a change in origin) when it is further processed in a second country, regardless of the work performed, as the card remains classified in heading 4909. *See* Headquarters Ruling Letter (“HRL”) 962603, dated May 14, 2002. To avoid such disparate origin results for greeting cards, this document proposes to amend the tariff shift rule for HTSUS headings 4901 through 4911 in § 102.21(j) by the creation of a specific rule for heading 4909, providing for a change to that heading from any other heading except from heading 4911 when the change is a result of adding text. The effect of this amendment is to enable the country of origin of all printed greeting cards to be determined according to the country of initial printing of literary text, photographs, graphic designs, or illustrations. This revised rule for goods of heading 4909, which reflects CBP practice in applying the substantial transformation standard to printed materials, will facilitate application of the tariff shift rule when greeting cards classified under 4909, HTSUS, are printed in multiple countries. 3. Glass Optical Fiber CBP is also proposing in this document to amend the specific change in tariff classification rule set forth in § 102.20(q) (Section XVIII, Chapters 90 through 92) for subheading 9001.10 of the HTSUS, which encompasses optical fibers and optical fiber bundles and cables. This tariff shift rule presently provides for “[a] change to subheading 9001.10 from any other subheading, except from subheading 8544.70.” In HRL 560660 dated April 9, 1999, Customs considered whether imported glass preforms, which are solid glass rods made from fused silica, are substantially transformed in the United States for purposes of the country of origin marking statute (19 U.S.C. 1304) when “drawn” to create glass optical fiber. Customs determined that no substantial transformation results from the drawing process as the information presented established that the specifications and qualities of the optical fiber are predetermined by the chemical and other critical attributes of the glass preform. Therefore, it was determined that the optical fiber must be marked to indicate that its country of origin is the country where the preform was produced. Glass preforms are classified in heading 7002, HTSUS, while glass optical fiber is classified in subheading 9001.10.00, HTSUS. Under the current tariff shift rule in § 102.20(q) for subheading 9001.10, HTSUS, a change in origin results when a glass preform is drawn into optical fiber. To eliminate the inconsistency between the country of origin determination in HRL 560660 and the change in tariff classification rule for HTSUS subheading 9001.10, this document proposes to amend the tariff shift rule by providing for a change to subheading 9001.10 from any other subheading, except from subheading 8544.70 or glass preforms of heading 7002. 4. Rice Preparations CBP is also proposing in this document to amend the specific change in tariff classification rule set forth in § 102.20(d) (Section IV, Chapters 16 through 24) for subheading 1904.90 of the HTSUS, which encompasses certain rice preparations. This tariff shift rule presently provides for “[a] change to subheading 1904.90 from any other heading.” In HRL 967925 dated February 28, 2006, CBP considered whether rice is substantially transformed for purposes of the country of origin marking statute (19 U.S.C. 1304) when it was processed with 2% water, 0.4% sunflower oil, 0.2% salt and 0.4% soy lecithin, placed into cups and sealed, and thermally processed. The final rice preparation was ready for consumption after the consumer places the cup in a microwave. Customs determined that no substantial transformation of the rice results from the additional mixture with the ingredients or thermal processing as the essential character of the rice was maintained. The rice was still discernable in the final product and the product was marketed as a rice product. Therefore, it was determined that the rice preparation must be marked to indicate that its country of origin is the country or countries where the rice originated. This outcome is in accord with *National Juice Products Association* v. *United States,* 628 F. Supp. 978 (CIT 1986), where the court held that foreign manufacturing concentrate processed into frozen concentrated orange juice in the United States and reconstituted orange juice was not substantially transformed in the United States. Rice is classified in heading 1006, HTSUS, and in subheading 1008.90, HTSUS, as other cereals (including wild rice), while rice preparations are classified in subheading 1904.90, HTSUS. Under the current tariff shift rule in § 102.20(d) for subheading 1904.90, HTSUS, a change in origin results when rice is made into a rice preparation. To eliminate the inconsistency between the country of origin determination in HRL 967925 and the change in tariff classification rule for HTSUS subheading 1904.90, this document proposes to amend the tariff shift rule by providing for a change to subheading 1904.90 from any other heading, except from heading 1006 or wild rice of subheading 1008.90. As changes in law necessitate, or when it is determined that a tariff shift rule in Part 102 does not reflect the substantial transformation standard, appropriate changes to the affected specific rules may be made. 5. Corrections to the Rules of Origin for Textile and Apparel Products It has come to CBP's attention that the rules of origin for textile and apparel products set forth in 19 CFR 102.21 are out of alignment with the language of the statute, 19 U.S.C. 3592, in two instances. With regard to fabrics of chapter 59 of the Harmonized Tariff Schedule of the United States (HTSUS), the statute provides that a fabric of chapter 59 derives its origin from where “the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process.” See 19 U.S.C. 3592(b)(1)(C). However, in the case of plastic laminated fabrics of heading 5903, HTSUS, sequential application of the § 102.21 regulations allows for the origin of laminated plastic fabrics to derive from the lamination, or assembly, process and not from the fabric-formation process as intended by the statute. In order to align the regulation with the statute, CBP proposes to amend § 102.21(c)(3)(ii) by adding “fabrics of chapter 59 and” after “Except for” and before “goods of”. The amended text would read “Except for fabrics of chapter 59 and goods of heading * * *” This amendment would preclude the application of the wholly assembled rule set forth in § 102.21(c)(3)(ii) to fabrics of chapter 59 and lead to application of the most important assembly or manufacturing process rule set forth in § 102.21(c)(4). As the statute makes clear that fabric formation is the origin conferring process for fabrics of chapter 59, the statute would be followed in applying § 102.21(c)(4) and determining the most important manufacturing process for purposes of determining the origin of fabrics of chapter 59. In addition, CBP has become aware of an oversight in the drafting of the tariff shift rule for goods of heading 6212 set forth in § 102.21(e). As currently written, “brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted,” of heading 6212 are grouped with goods of headings 6210 and 6211. The tariff shift rules for these goods do not provide for the possibility of knit to shape goods. The body supporting garments of heading 6212 may be knitted or crocheted and may be knit to shape. Therefore, in order to ensure that a knit to shape good of heading 6212 is found to derive its origin from where the good was knit to shape in accordance with 19 U.S.C. 3592(b)(2)(A)(ii), CBP proposes to amend § 102.21(e) as follows:
(1)The tariff shift rules currently designated for headings “6210—6212” will be designated as for headings “6210—6211”;
(2)separate tariff shift rules will be added to § 102.21(e) for heading 6212 which will repeat the current rules applicable for that heading with the addition of language limiting application of the rules to goods which are not knit to shape and an additional tariff shift rule will be added for knit to shape goods. The proposed tariff shift rules for heading 6212 will read:
(1)If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.
(2)If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6212 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6006, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.
(3)If the good is knit to shape, a change to heading 6212 from any other heading, provided that the knit to shape components are knit in a single country, territory, or insular possession. C. Relation to International Standardization Effort The United States has been an active participant in the ongoing effort to standardize non-preferential rules of origin on the international level. This effort, under the auspices of the World Trade Organization and in cooperation with the World Customs Organization, also focuses on change in tariff classification as a means to express substantial transformation. When the undertaking began in 1994, participants intended to complete their work within three years. It is still ongoing at this time. This proposal to extend application of the Part 102 rules is in no way intended to supplant U.S. participation or positions in that effort. III. Discussion of Proposals This document proposes to amend Part 102 of the CBP Regulations, § 102.0 (Scope), to set forth the scope of areas for which the rules of origin set forth in Part 102 are to be used to make country of origin determinations. As a result of the proposed changes to § 102.0, the Part 102 rules of origin will be applicable for all purposes for which a “product of” or “country of origin” criterion is prescribed under the customs and related laws, the navigation laws of the United States, and the CBP Regulations, except for the purpose of determining whether a good other than a textile or apparel good is entitled to preferential treatment under our free trade agreements with Israel and Jordan, or unless otherwise specified, 3 or as otherwise provided for by statute. The term “product of” encompasses any requirement that a good be “wholly the growth, product or manufacture” of a country; substantially transformed in a country; a new and different product or a new or different article of commerce as a result of processing performed in a country; or the growth, product or manufacture of a country. In addition, § 102.0 is proposed to be amended by removing the specific reference to the U.S.—Bahrain Free Trade Agreement, as this reference is no longer necessary as a result of the proposed changes described above. 3 Origin-related scope determinations made by the administering authority for trade remedy purposes (Department of Commerce) may differ from the origin determinations made by CBP for customs purposes. For purposes of administering the trade remedy laws, the origin-related scope determinations made by the administering authority, not CBP, are controlling. However, the origin-related scope determination of the administering authority is for trade remedy purposes only; it does not alter CBP's origin determination for customs purposes unrelated to trade remedies. Consistent with the proposed changes to § 102.0 described above, this document also proposes to add a cross-reference to the definition of “wholly obtained or produced in a country” set forth in § 102.1(g) to all provisions in the CBP Regulations where the phrase “wholly the growth, product or manufacture” or a similar phrase is used for origin purposes, except where otherwise defined by statute ( *e.g.* , U.S.-Morocco and U.S.-Bahrain Free Trade Agreements). Similarly, CBP proposes to add a cross-reference to the rules of origin in Part 102 to all provisions in the CBP Regulations in which the phrases “country of origin,” “substantial transformation,” a “new and different product,” and a “new and different article of commerce” are used for origin purposes. These proposed amendments affect Parts 4, 7, 10, 102, 134, and 177, CBP Regulations (19 CFR parts 4, 7, 10, 102, 134, and 177). As a result of the proposed amendments set forth in this document, the Part 102 rules would be used to determine whether a good meets the “product of” criterion for receiving duty preference under General Note (“GN”) 3(a)(iv), HTSUS (U.S. insular possessions); GN 3(a)(v), HTSUS (West Bank, Gaza Strip or qualifying industrial zones); GN 4(b) and (c), HTSUS (Generalized System of Preferences (“GSP”)); GN 7(b), HTSUS (Caribbean Basin Economic Recovery Act (“CBERA”); GN 10(b), HTSUS (Freely Associated States); GN 11(b), HTSUS (Andean Trade Preferences Act (“ATPA”)); GN 16(b), HTSUS (African Growth and Opportunity Act (“AGOA”)); GN 27(b)(ii), HTSUS (U.S.-Morocco Free Trade Agreement); and GN 30(b)(ii), HTSUS (U.S.-Bahrain Free Trade Agreement). The applicable value-content requirements and any other rules under these programs, however, must still be met in order for a good to qualify for the duty preference. The proposed amendments to Part 134 concerning country of origin marking also propose that the Part 102 rules would be used to determine both the country of origin of imported foreign articles and whether imported articles that are further processed become goods of the United States for purposes of identifying the goods' “ultimate purchaser.” In addition, this document proposes to change the specific tariff shift rules set forth in 19 CFR 102.20 that apply to printed greeting cards classified in heading 4909 of the HTSUS, fittings and flanges classified in heading 7307, HTSUS, glass optical fiber classified in subheading 9001.10, HTSUS, and rice preparations classified in subheading 1904.90, HTSUS. Finally, this document proposes amendments to the textile regulations set forth in § 102.21 in order to more closely align the regulations with the language of the statute, 19 U.S.C. 3592, and also to remedy an oversight in the drafting of the tariff shift rule for goods of heading 6212 set forth in § 102.21(e). IV. The Regulatory Flexibility Act and Executive Order 12866 Pursuant to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), it is certified that, if adopted, the proposed amendments will not have a significant economic impact on a substantial number of small entities because the amendments reflect recent judicial guidance and standardize country of origin marking requirements for NAFTA and non-NAFTA trade. Accordingly, the proposed amendments are not subject to the regulatory analysis or other requirements of 5 U.S.C. 603 and 604. This document does not meet the criteria for a “significant regulatory action” as specified in E.O. 12866. V. Signing Authority This document is being issued by CBP in accordance with § 0.1(a)(1) of the CBP Regulations (19 CFR 0.1(a)(1)), pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations related to certain CBP revenue functions. List of Subjects 19 CFR Part 4 Administrative practice and procedure, Cargo vessels, Coastwise trade, Freight, Imports, Landing, Merchandise, Shipping, Vessels. 19 CFR Part 7 Customs duties and inspection, Imports, Insular possessions, Reporting and recordkeeping requirements. 19 CFR Part 10 American goods, Assembly, Customs duties and inspection, Entry, Imports, Preference Programs, Reporting and recordkeeping requirements, Shipments, Trade agreements. 19 CFR Part 102 CBP duties and inspections, Imports, Reporting and recordkeeping requirements, Rules of origin, Trade agreements. 19 CFR Part 134 Canada, Country of origin, Customs duties and inspection, Imports, Labeling, Marking, Mexico, Packaging and containers, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 177 Administrative practice and procedure, Government procurement, Reporting and recordkeeping requirements, Rulings, Trade agreements. Proposed Amendments to the Regulations Accordingly, CBP proposes to amend parts 4, 7, 10, 12, 102, 134, and 177 of the CBP Regulations (19 CFR parts 4, 7, 10, 102, 134, and 177) as set forth below: PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADES 1. The general authority citation for part 4 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. App. 3, 91. 2. Section 4.80b is amended by adding a sentence at the end of paragraph
(a)to read as follows: § 4.80b Coastwise transportation of merchandise. (a)* * * For purposes of this section, merchandise is manufactured or processed into a new and different product when it has undergone a change in country of origin under the provisions of §§ 102.1 through 102.21 of this chapter. PART 7—CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANOMO BAY NAVAL STATION 3. The authority citation for part 7 continues to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624; 48 U.S.C. 1406i. 4. Section 7.3 is amended by revising paragraph
(b)to read as follows: § 7.3 Duty-free treatment of goods imported from insular possessions of the United States other than Puerto Rico.
(b)*Origin of goods.*
(1)For purposes of this section, and subject to paragraph (b)(2) of this section, goods shall be considered to be the growth, product of, or manufactured or produced in, an insular possession if:
(i)The goods are wholly the growth or product of the insular possession; or
(ii)The goods became a new and different article of commerce as a result of production or manufacture performed in the insular possession.
(2)For purposes of this section, the expression “wholly the growth or product” refers to articles and materials wholly obtained or produced within the meaning of § 102.1(g) of this chapter. For purposes of paragraph
(b)of this section, a “new and different article of commerce” exists when the country of origin of a good which is produced in an insular possession from foreign materials is determined to be that insular possession under §§ 102.1 through 102.21 of this chapter. PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 5. The general authority citation for part 10 continues to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314. 6. Section 10.12 is amended by revising the last sentence of paragraph
(e)to read as follows: § 10.12 Definitions.
(e)* * * If the article consists wholly or partially of foreign components or materials, the manufacturing process must be such that the foreign components or materials have been substantially transformed as provided in § 10.14(b) of this part. 7. Section 10.14 is amended by revising paragraph
(b)to read as follows: § 10.14 Fabricated components subject to the exemption.
(b)*Substantial transformation of foreign-made articles or materials.* Foreign made articles or materials will become products of the United States if they undergo a process of manufacture in the United States which results in their substantial transformation. For purposes of this section and § 10.12(e) of this part, substantial transformation occurs when the country of origin of a good which is produced in the United States from foreign materials is determined to be the United States under §§ 102.1 through 102.21 of this chapter. *Example 1.* Unfinished automotive crankshaft forgings, classified in subheading 8483.10, HTSUS, are imported into the United States for further processing. In the United States, the importer machines, drills, and heat treats the forging to produce a finished crankshaft. The finished article also is classified in subheading 8483.10, HTSUS. Under § 102.20 of this chapter, the applicable tariff shift rule for goods classified in subheading 8483.10 requires a change to that subheading from any other subheading. The further processing does not result in the article becoming a product of the United States because the requisite tariff shift is not satisfied. By application of the residual rules in § 102.11, the origin of the finished crankshaft is determined to be the country of origin of the imported forging. *Example 2.* Optical fiber, classified in subheading 9001.10, HTSUS, is imported into the United States. After importation, the U.S. importer sheaths and insulates the individual optical fibers in color-coated plastic. The further-processed optical fiber is classified in 8544.70, HTSUS. The applicable tariff shift rule in § 102.20 of this chapter for articles classified within subheadings 8544.11 through 8544.70, HTSUS, requires a change in tariff classification from any other subheading, including a subheading within that group, except when the tariff shift results from a simple assembly. Because the further processing results in a change from a good of subheading 9001.10 to a good of subheading 8544.70 (by more than a simple assembly), the tariff shift requirement is satisfied and the finished optical fibers are determined to be products of the United States. 8. Section 10.171 is amended by adding a new paragraph
(c)to read as follows: § 10.171 General.
(c)*Wholly the growth, product, or manufacture defined.* For purposes of §§ 10.171 through 10.178, the expression “wholly the growth, product, or manufacture” refers to articles and materials wholly obtained or produced within the meaning of § 102.1(g) of this chapter. 9. Section 10.176 is amended by adding a sentence at the end of paragraph (a)(1) to read as follows: § 10.176 Country of origin criteria.
(a)* * *
(1)* * * For purposes of this section, a “new and different article of commerce” exists when the country of origin of a good which is produced in a beneficiary developing country from foreign materials is determined to be that beneficiary developing country under §§ 102.1 through 102.21 of this chapter. 10. Section 10.191 is amended by revising paragraph (b)(3) to read as follows: § 10.191 General.
(b)* * *
(3)*Wholly the growth, product, or manufacture.* For purposes of § 10.191 through § 10.199, the expression “wholly the growth, product, or manufacture” refers to articles and materials wholly obtained or produced within the meaning of § 102.1(g) of this chapter. 11. Section 10.195 is amended by adding a sentence at the end of paragraph (a)(1) to read as follows: § 10.195 Country of origin criteria.
(a)* * *
(1)* * * For purposes of this section, a “new and different article of commerce” exists when the country of origin of a good which is produced in a beneficiary country from foreign materials is determined to be that beneficiary country under §§ 102.1 through 102.21 of this chapter. 12. Section 10.199 is amended by adding a sentence at the end of paragraph (e)(1) to read as follows: § 10.199 Duty-free entry for certain beverages produced in Canada from Caribbean rum.
(e)* * *
(1)* * * For purposes of this section, the expression “wholly the growth, product, or manufacture” refers to articles and materials wholly obtained or produced within the meaning of § 102.1(g) of this chapter, and a “new and different article of commerce” exists when the country of origin of a good which is produced in a beneficiary country or the U.S. Virgin Islands from foreign materials is determined to be that beneficiary country or the U.S. Virgin Islands under §§ 102.1 through 102.20 of this chapter. 13. Section 10.202 is amended by revising paragraph
(d)to read as follows: § 10.202 Definitions.
(d)*Wholly the growth, product, or manufacture.* The expression “wholly the growth, product, or manufacture” refers to articles and materials wholly obtained or produced within the meaning of § 102.1(g) of this chapter. 14. Section 10.205 is amended by redesignating paragraph
(b)as paragraph
(c)and adding a new paragraph
(b)to read as follows: § 10.205 Country of origin criteria.
(b)*New and different article of commerce.* For purposes of this section, a “new and different article of commerce” exists when the country of origin of a good which is produced in a beneficiary country from foreign materials is determined to be that beneficiary country under the provisions of §§ 102.1 through 102.21 of this chapter. 15. Section 10.252 is amended by adding a new definition in alphabetical order to read as follows: § 10.252 Definitions. *Wholly the growth, product, or manufacture.* “Wholly the growth, product, or manufacture” refers to articles and materials wholly obtained or produced within the meaning of § 102.1(g) of this chapter. 16. Section 10.253 is amended by redesignating paragraph (c)(2) as paragraph (c)(3) and by adding a new paragraph (c)(2) to read as follows: § 10.253 Articles eligible for preferential treatment.
(c)* * *
(2)*New and different article of commerce.* For purposes of this section, a “new and different article of commerce” exists when the country of origin of a good which is produced in an ATPDEA beneficiary country from foreign materials is determined to be that beneficiary country under the provisions of §§ 102.1 through 102.21 of this chapter. 17. Section 10.769 is amended by revising paragraph
(i)to read as follows: § 10.769 Definitions.
(i)*New or different article of commerce.* A “new or different article of commerce” exists when the country of origin of a good which is produced in a Party from foreign materials is determined to be that country under the provisions of §§ 102.1 through 102.21 of this chapter. PART 102—RULES OF ORIGIN 18. The authority citation for part 102 continues to read as follows: Authority: 7 U.S.C. 1854, 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1624, 3314, 3592. 19. Section 102.0 is revised to read as follows: § 102.0 Scope. This part sets forth rules for determining the country of origin of imported goods for purposes of the customs and related laws and the navigation laws of the United States. Except for the purpose of determining whether goods are entitled to preferential treatment under the U.S.-Israel or U.S,-Jordan FTAs, or unless otherwise specified 4 , or as otherwise provided for by statute, the rules set forth in §§ 102.1 through 102.20 apply for all such purposes where a requirement exists to determine the “country of origin” of a good or whether a good is: wholly the growth, product or manufacture of a country; substantially transformed in a country; a new and different product or a new or different article of commerce as a result of processing performed in a country; or the growth, product or manufacture of a country. The rules in §§ 102.1 through 102.20 also apply for determining the country of origin of imported goods for the purposes specified under Annex 311 of the North American Free Trade Agreement (“NAFTA”). The rules for determining the country of origin of textile and apparel products set forth in § 102.21 and § 102.22 also apply for the other purposes stated in those sections. Sections 102.23 through 102.25 set forth certain procedural requirements relating to the importation of apparel products. 4 Origin-related scope determinations made by the administering authority for trade remedy purposes (Department of Commerce) may differ from the origin determinations made by CBP for customs purposes. For purposes of administering the trade remedy laws, the origin-related scope determinations made by the administering authority, not CBP, are controlling. However, the origin-related scope determination of the administering authority is for trade remedy purposes only; it does not alter CBP's origin determination for customs purposes unrelated to trade remedies. 20. In the table in § 102.20: A. Paragraph (d), titled “Section IV: Chapters 16 through 24,” is amended by revising the entry for 1904.90; B. Paragraph (j), titled “Section X: Chapters 47 through 49,” is amended by removing the entry for 4901-4911, and by adding three new entries for 4901-4908, 4909, and 4910-4911; C. Paragraph (n), titled “Section XV: Chapters 72 through 83,” is amended by revising the entry for 7301-7307; and D. Paragraph (q), titled “Section XVIII: Chapters 90 through 92,” is amended by revising the entry for 9001.10. The additions and revisions read as follows: § 102.20 Specific rules by tariff classification. HTSUS Tariff shift and/or other requirements * * * * * * *
(d)Section IV: Chapters 16 through 24. * * * * * * * 1904.90 A change to subheading 1904.90 from any other heading, except from heading 1006 or wild rice of subheading 1008.90. * * * * * * *
(j)Section X: Chapters 47 through 49. * * * * * * * 4901-4908 A change to heading 4901 through 4908 from any other heading, including another heading within that group. 4909 A change to heading 4909 from any other heading, except from heading 4911 when the change is a result of adding text. 4910-4911 A change to heading 4910 through 4911 from any other heading, including another heading within that group. * * * * * * *
(n)Section XV: Chapters 72 through 83. * * * * * * * 7301-7307 A change to heading 7301 through 7307 from any other heading, including another heading within that group, or a change within heading 7307 from fitting forgings or flange forgings to fittings or flanges made ready for commercial use by:
(a)at least one of the following processes:
(1)bevelling;
(2)threading of the bore;
(3)center or step boring; or
(4)machining the gasket face; and
(b)at least two of the following processes:
(1)heat treating;
(2)recoining or resizing;
(3)taper boring;
(4)machining ends or surfaces other than a gasket face;
(5)drilling bolt holes; or
(6)burring or shot blasting. * * * * * * *
(q)Section XVIII: Chapters 90 through 92. 9001.10 A change to subheading 9001.10 from any other subheading, except from subheading 8544.70 or glass preforms of heading 7002. * * * * * * * 21. Section 102.21 is amended by revising paragraph (c)(3)(ii) and by removing the entry for 6210-6212 and adding new entries for 6210-6211 and 6212 in the table in paragraph (e)(1) to read as follows: § 102.21 Textile and apparel products.
(c)* * *
(3)* * *
(ii)Except for fabrics of chapter 59 and goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.
(e)* * *
(1)* * * HTSUS Tariff shift and/or other requirements * * * * * * * 6210-6211
(1)If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6211 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.
(2)If the good does not consist of two or more component parts, a change to heading 6210 through 6211 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6006, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 6212
(1)If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.
(2)If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6212 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6006, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.
(3)If the good is knit to shape, a change to heading 6212 from any other heading, provided that the knit to shape components are knit in a single country, territory, or insular possession. * * * * * * * PART 134—COUNTRY OF ORIGIN MARKING 22. The authority citation for part 134 continues to read as follows: Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1304, 1624. 23. Section 134.1 is amended by revising paragraphs (b), (d)(1) and (d)(2) to read as follows: § 134.1 Definitions.
(b)*Country of origin.* “Country of origin” means the country of manufacture, production, or growth of any article of foreign origin entering the United States as determined under §§ 102.1 through 102.21 of this chapter.
(d)* * *
(1)If an imported article will be further processed in the United States, the processor will be the “ultimate purchaser” if the country of origin of the processed good is determined to be the United States under §§ 102.1 through 102.21 of this chapter.
(2)If the country of origin of the processed good is not determined to be the United States under §§ 102.1 through 102.21 of this chapter, the consumer or user of the article, who obtains the article after the processing, will be regarded as the “ultimate purchaser.” 24. Section 134.35 is revised to read as follows: § 134.35 Articles effecting a change in country of origin. If an imported article will be used in further processing in the United States, the processor will be considered the ultimate purchaser if the processed good is determined to be a good of the United States under §§ 102.1 through 102.21 of this chapter. In such a case, the imported article is excepted from individual marking pursuant to 19 U.S.C. 1304(a)(3)(D) and § 134.32(d) of this part, provided the outermost container in which it is imported will reasonably indicate the country of origin of the article to the ultimate purchaser. PART 177-ADMINISTRATIVE RULINGS 25. The authority citation for part 177 continues to read as follows: Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1502, 1624, 1625. 26. Section 177.22 is amended by revising paragraph
(a)to read as follows: § 177.22 Definitions.
(a)*Country of origin.*
(1)For purposes of this subpart, an article is a product of a country or instrumentality only if:
(i)It is wholly the growth, product, or manufacture of that country or instrumentality; or
(ii)In the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce.
(2)The term “instrumentality” will not be construed to include any agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community. For purposes of this section, the expression “wholly the growth, product, or manufacture” refers to articles wholly obtained or produced within the meaning of § 102.1(g) of this chapter, and a substantial transformation into a “new and different article of commerce” occurs when the country of origin of an article which is produced in a country or instrumentality from foreign materials is determined to be that country or instrumentality under §§ 102.1 through 102.21 of this chapter. W. Ralph Basham, Commissioner, U.S. Customs and Border Protection. Approved: July 21, 2008. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. E8-17025 Filed 7-24-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [DoD-2008-HA-0029; 0720-AB22] Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/TRICARE: Inclusion of TRICARE Retail Pharmacy Program in Federal Procurement of Pharmaceuticals AGENCY: Office of the Secretary, Department of Defense (DoD). ACTION: Proposed rule. SUMMARY: Section 703 of the National Defense Authorization Act for Fiscal Year 2008 (NDAA-08) states with respect to any prescription filled on or after the date of enactment of the NDAA, the TRICARE retail pharmacy program
(TRRx)shall be treated as an element of the DoD for purposes of procurement of drugs by Federal agencies under section 8126 of title 38, United States Code (U.S.C.), to the extent necessary to ensure pharmaceuticals paid for by the DoD that are provided by network retail pharmacies under the program to eligible covered beneficiaries are subject to the pricing standards in such section 8126. NDAA-08 was enacted on January 28, 2008. The statute requires implementing regulations. This proposed rule is to implement section 703 of the NDAA 2008. DATES: Written comments received at the address indicated below by September 23, 2008 will be considered and addressed in the final rule. ADDRESSES: You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods: *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *Mail:* Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301-1160. *Instructions:* All submissions received must include the agency name and docket number or Regulatory Information Number
(RIN)for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Captain William Blanche, TRICARE Management Activity, telephone
(703)681-2890. SUPPLEMENTARY INFORMATION: A. Background Section 703 of the National Defense Authorization Act for Fiscal Year 2008 (NDAA-08) (Pub. L. 110-181) enacted 10 U.S.C. 1074g(f). It provides that with respect to any prescription filled on or after the date of enactment of the NDAA, the TRRx shall be treated as an element of the DoD for purposes of procurement of drugs by Federal agencies under section 8126 of title 38, United States Code (U.S.C.), to the extent necessary to ensure pharmaceuticals paid for by the DoD that are provided by network retail pharmacies under the program to eligible covered beneficiaries are subject to the pricing standards in such section 8126. NDAA-08 was enacted on January 28, 2008. The statute requires implementing regulations. The Veterans Health Care Act
(VHCA)of 1992, codified at 38 U.S.C. 8126, established Federal Ceiling Prices
(FCPs)of covered pharmaceuticals (requiring a minimum 24% discount off non-Federal average manufacturing prices—“non-FAMP”) procured by the four designated agencies covered in the Act: Department of Veterans Affairs (VA), DoD, Coast Guard, and the Public Health Service/Indian Health Service. The non-FAMP is the average price paid to the manufacturer by wholesalers (or, if there are insufficient wholesale sales, others who purchase directly from the manufacturer) for drugs distributed to non-federal purchasers, taking into account any cash discounts or similar reductions given to those purchasers. The VA administers the VHCA discount program on behalf of the four specified agencies. The DoD consulted closely with the VA in the development of this proposed rule. The TRICARE Pharmacy Benefits Program operates under the authority of 10 U.S.C. 1074g. It provides outpatient drugs to TRICARE beneficiaries through Military Treatment Facility
(MTF)pharmacies, the TRICARE mail order pharmacy program (TMOP), and a TRRx consisting of TRICARE Retail Pharmacy Network and retail non-network pharmacies. As implemented, the new statutory requirement will only apply to pharmaceuticals paid for by DoD and provided to eligible beneficiaries through the TRICARE Retail Pharmacy Network. The TRICARE Retail Pharmacy Network is managed under a single Pharmacy Benefits Manager contract, linked to the DoD Pharmacy Benefits Office, and enabled by a management information system to verify beneficiary eligibility, check for potential drug interactions, and authorize payment for the pharmaceuticals used to fill the beneficiary's prescription. The management information system also records data on all prescriptions filled through the Retail Pharmacy Network, permitting an accurate accounting of all retail network pharmaceuticals paid for by DoD under the TRICARE Pharmacy Benefits Program. Since the beginning of the FCP program, outpatient pharmaceuticals provided by DoD through MTF pharmacies have been subject to FCPs, as have those under the TMOP program since it began. Implementation of similar applicability to the TRICARE Retail Pharmacy Network component of the Program is the subject of this proposed regulation. B. Provisions of the Rule The proposed rule would add a new paragraph
(q)to § 199.21. Paragraph (q)(1) repeats the new statutory requirement. Paragraph (q)(2) provides that an agreement by a manufacturer to honor the FCPs in the Retail Pharmacy Network component of the Pharmacy Benefits Program is a condition of inclusion of a drug on the uniform formulary. Further, it states that a drug not under such an agreement requires preauthorization to be provided through the Retail Pharmacy Network. In addition, it indicates that drugs covered by this requirement are TRICARE Retail Pharmacy Network provided drugs that are covered by the VA's FCP program, except any prescription for which the TRICARE Pharmacy Benefits Program is the second payer. While DoD proposes in this rulemaking to enter into voluntary agreements with manufacturers that would make prescriptions filled on or after the date of enactment of NDAA-08 subject to FCPs, the Department solicits comment regarding any other appropriate and legally permissible implementation approach and/or date from which to begin making prescriptions filled in the Retail Pharmacy Network subject to FCPs. DoD is specifically interested in the legal justification, including under section 703 of NDAA-08, for any alternative implementation approaches and/or dates that commenters may propose. Paragraph (q)(3) establishes refund procedures to, in the words of the statute, “ensure that pharmaceuticals paid for by the DoD that are provided by pharmacies under the program to eligible covered beneficiaries under this section are subject to the pricing standards” of the FCP program. The refund procedures will, to the extent practicable, incorporate common industry practices for implementing pricing agreements between manufacturers and large pharmacy benefit plan sponsors. Such procedures shall provide the manufacturer at least 70 days from the date of submission by TMA to the manufacturer (initially expected to be on a quarterly basis) of the TRICARE pharmaceutical utilization data needed to calculate the refund before the refund payment is due. The basis of the refund will be the difference between the average non-federal price of the drug sold by the manufacturer to wholesalers, as represented by the most recent annual non-FAMP (reported to VA) and the FCP or, in the discretion of the manufacturer, the difference between FCP and direct commercial contract sales prices specifically attributable to TRICARE paid pharmaceuticals, determined for each applicable National Drug Code
(NDC)listing. Further, this paragraph of the rule provides that a refund due under the statute is subject to the overpayment recovery procedures of § 199.11 of the TRICARE regulation. Finally, paragraph (q)(4) states that in the case of the failure of a manufacturer of a covered drug to make or honor an agreement to ensure that DoD pays no more than the FCP for covered drugs provided through the TRICARE Retail Pharmacy Network component of the program, the Director, TMA, in addition to other actions referred to in the rule, may take any other action authorized by law. C. Regulatory Procedures Executive Order 12866, “Regulatory Planning and Review” Executive Order
(EO)12866 requires that a comprehensive regulatory impact analysis be performed on any economically significant regulatory action, defined primarily as one that would result in an effect of $100 million or more in any one year. The DoD has examined the economic, legal, and policy implications of this proposed rule and has concluded that it is an economically significant regulatory action under section 3(f)(1) of the EO. The economic impact of applying Federal Ceiling Prices to the TRICARE Retail Pharmacy Network is in the form of reducing the prices of drugs paid for by DoD in the retail pharmacy component of the TRICARE Pharmacy Benefits Program, making them comparable to the prices paid by DoD in the Military Treatment Facility and Mail Order Pharmacy components of the program. A recent Government Accountability Office Report, “DoD Pharmacy Program: Continued Efforts Needed to Reduce Growth in Spending at Retail Pharmacies,” April 2008 (GAO-08-327), found that DoD's drug spending “more than tripled from $1.6 billion in fiscal year 2000 to $6.2 billion in fiscal year 2006” and that retail pharmacy spending “drove most of this increase, rising almost nine-fold from $455 million to $3.9 billion and growing from 29 percent of overall drug spending to 63 percent.” DoD concurs in these findings. The principal economic impact of this proposed rule is to moderate somewhat the rate of growth in the retail pharmacy component of the program. DoD has estimated the reduced spending associated applying Federal Ceiling Prices to the Retail Pharmacy Network. DoD funds the Military Health System through two separate mechanisms. One is the Defense Health Program
(DHP)appropriation, which pays for health care for all beneficiaries except those who are also eligible for Medicare. DoD-funded health care for DoD beneficiaries who are also eligible for Medicare is paid for by way of an accrual fund called the Medicare-Eligible Retiree Health Care Fund (MERHCF) under 10 U.S.C Chapter 56. Funds are paid into the MERHCF from military personnel appropriations and the general U.S. treasury. DoD estimated cost reductions from applying Federal Ceiling Prices to the TRICARE Retail Pharmacy Network in Fiscal Years 2009 through 2011 are: Millions FY-2009 DHP Reduced Spending $352 FY-2009 MERHCF Reduced Spending 367 FY-2010 DHP Reduced Spending 388 FY-2010 MERHCF Reduced Spending 404 FY-2011 DHP Reduced Spending 427 FY-2011 MERHCF Reduced Spending 444 As a frame of reference, total TRICARE Pharmacy Benefits Program spending (incorporating these spending reductions) is estimated to be $8 billion in FY-2009, $8.4 billion in FY-2010, and $9.3 billion in FY-2011. Congressional Review Act, 5 U.S.C. 801, et seq. Under the Congressional Review Act, a major rule may not take effect until at least 60 days after submission to Congress of a report regarding the rule. A major rule is one that would have an annual effect on the economy of $100 million or more or have certain other impacts. This proposed rule is a major rule under the Congressional Review Act. As noted above, applying Federal Ceiling Prices to the TRICARE Retail Pharmacy Network will reduce DoD spending on pharmaceuticals by more than $100 million per year. Sec. 202, Pub. L. 104-4, “Unfunded Mandates Reform Act” This rule does not contain a Federal mandate that may result in the expenditure by State, local and tribunal governments, in aggregate, or by the private sector, of $100 million or more (adjusted for inflation) in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) The Regulatory Flexibility Act
(RFA)requires that each Federal agency prepare and make available for public comment, a regulatory flexibility analysis when the agency issues a regulation which would have a significant impact on a substantial number of small entities. DoD does not anticipate that this regulation will result in changes that would impact small entities, including retail pharmacies, whose reimbursements are not affected by the proposed rule. In addition, drugs newly subject to implementation of Federal Ceiling Prices under the proposed rule represent less than 2% of manufacturers' prescription drug sales. Therefore, this proposed rule is not expected to result in significant impacts on a substantial number of small entities. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) This proposed rule contains information collection requirements subject to the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3511). This consists of responding to the periodic TMA report of the TRICARE prescription utilization data needed to calculate the refund. This information collection has been approved with OMB Control Number 0720-0032. No person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. Executive Order 13132, “Federalism” This proposed rule does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on the States; the relationship between the National Government and the States; or the distribution of power and responsibilities among the various levels of Government. Public Comments Invited This is a proposed rule. DoD invites public comments on all of its provisions. List of Subjects in 32 CFR Part 199 Claims, Health care, Health insurance, Military personnel, Pharmacy benefits. Accordingly, 32 CFR part 199 is proposed to be amended as follows: PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55. 2. Section 199.21 is amended by adding a new paragraph (q), to read as follows: § 199.21. Pharmacy Benefits Program.
(q)*Pricing standards for retail pharmacy program.* —(1) *Statutory requirement.* —As required by 10 U.S.C. 1074g(f), with respect to any prescription filled on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, the TRICARE retail pharmacy program shall be treated as an element of the DoD for purposes of the procurement of drugs by Federal agencies under 38 U.S.C. 8126 to the extent necessary to ensure pharmaceuticals paid for by the DoD that are provided by pharmacies under the program to eligible covered beneficiaries under this section are subject to the pricing standards in such section 8126.
(2)*Manufacturer written agreement.*
(i)A written agreement by a manufacturer to honor the pricing standards required by 10 U.S.C. 1074g(f) and referred to in paragraph (q)(1) of this section for pharmaceuticals provided through retail network pharmacies shall with respect to a particular covered drug be a condition for:
(A)Inclusion of that drug on the uniform formulary under this section; and
(B)Availability of that drug through retail network pharmacies without preauthorization under paragraph
(k)of this section.
(ii)A covered drug not under an agreement under paragraph (q)(2)(i) of this section requires preauthorization under paragraph
(k)of this section to be provided through a retail network pharmacy under the Pharmacy Benefits Program. This preauthorization requirement does not apply to other points of service under the Pharmacy Benefits Program.
(iii)For purposes of this paragraph (q)(2), a covered drug does not include:
(A)A drug that is not a covered drug under 38 U.S.C. 8126;
(B)A drug provided under a prescription that is not covered by 10 U.S.C. 1074g(f);
(C)A drug that is not provided through a retail network pharmacy under this section;
(D)Any pharmaceutical for which the TRICARE Pharmacy Benefits Program is the second payer under paragraph
(m)of this section; and
(E)Any other exception, consistent with law, established by the Director, TMA.
(3)*Refund procedures.*
(i)The agreement referred to in paragraph (q)(2) of this section shall include refund procedures to ensure that pharmaceuticals paid for by the DoD that are provided by retail network pharmacies under the pharmacy benefits program are subject to the pricing standards referred to in paragraph (q)(1) of this section.
(ii)The refund procedures referred to in paragraph (q)(3)(i) of this section shall, to the extent practicable, incorporate common industry practices for implementing pricing agreements between manufacturers and large pharmacy benefit plan sponsors. Such procedures shall provide the manufacturer at least 70 days from the date of the submission of the TRICARE pharmaceutical utilization data needed to calculate the refund before the refund payment is due. The basis of the refund will be the difference between the average non-federal price of the drug sold by the manufacturer to wholesalers, as represented by the most recent annual non-Federal average manufacturing prices (non-FAMP) (reported to the Department of Veterans Affairs (VA)) and the FCP or, in the discretion of the manufacturer, the difference between the FCP and direct commercial contract sales prices specifically attributable to the reported TRICARE paid pharmaceuticals, determined for each applicable NDC listing.
(iii)A refund due under this paragraph
(q)is subject to § 199.11 of this part.
(4)*Remedies.* In the case of the failure of a manufacturer of a covered drug to make or honor an agreement under this paragraph (q), the Director, TMA, in addition to other actions referred to in this paragraph (q), may take any other action authorized by law. Dated: July 18, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8-17024 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P 73 144 Friday, July 25, 2008 Notices DEPARTMENT OF AGRICULTURE Notice of Proposed Revision to Privacy Act Systems of Records AGENCY: Office of the Secretary, Department of Agriculture (USDA). ACTION: Notice of proposed revision to Privacy Act Systems of Records. DATES: *Effective Date:* This notice will be adopted without further publication in the **Federal Register** on September 23, 2008 unless modified by a subsequent notice to incorporate comments received from the public. Comments must be received by the contact person listed below on or before August 25, 2008. FOR FURTHER INFORMATION CONTACT: Mr. David R. Gray, Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 441-E, Washington, DC 20250-2308:
(202)720-9110, Facsimile:
(202)690-1528, e-mail: *drgray@oig.usda.gov* . SUPPLEMENTARY INFORMATION: USDA Office of Inspector General
(OIG)proposes to rename Privacy Act system of records USDA/OIG-5, change the description for “Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System,” and add one new routine use, pursuant to recent Office of Management and Budget
(OMB)requirements. In accordance with the Privacy Act 5 U.S.C. 552(a)(e)(11), USDA OIG proposes to revise its seven systems of records, USDA/OIG-1: Employee Records, USDA/OIG; USDA/OIG-2: Informant and Undercover Agent Records, USDA/OIG; USDA/OIG-3: Investigative Files and Automated Investigative Indices System; USDA/OIG-4: OIG Hotline Complaint Records, USDA/OIG; USDA/OIG-5: Consolidated Assignments Personnel Tracking Administrative Information Network (CAPTAIN), USDA/OIG; USDA/OIG-6: Training Tracking System, USDA/OIG; and USDA/OIG-7: Freedom of Information Act and Privacy Act Request Records, USDA/OIG. The full systems of records were last published in the **Federal Register** on pages 61262-61266, 62 FR 61262, *et seq.* , November 17, 1997; and they were last amended on pages 21389-21391, 70 FR 21389, *et seq.* , April 26, 2005. OIG proposes to rename USDA/OIG-5 “Consolidated Assignments Personnel Tracking Administrative Information Network (CAPTAIN),” to USDA/OIG-5 “Automated Reporting and General Operations System (ARGOS).” The ARGOS system has information contained in it of OIG, and OIG has limited its usage to OIG employees on a need-to-know basis. OIG further proposes to add an OMB-mandated New Disclosure Routine Use language in the OIG system of records notice
(SORN)revisions, to be numbered “16,” which would allow disclosure to appropriate agencies, entities, and persons when the agency suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised or to assist in connection with USDA's efforts to respond to the suspected or confirmed compromise and to prevent, minimize, or remedy such harm. Specifically the text will read: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. OIG also proposes revising the description in the “Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System” for all seven of its Privacy Act systems of records to reflect that covered electronic information stored on OIG computers is now maintained in ARGOS, an application system built specifically by OIG to store information. The ARGOS system as an application system is stored on four servers: Two in Washington, DC and two in remote locations for backup purposes. The previous language was as follows: “Storage: Records are maintained on computers and automated image filing systems, and in file folders, notebooks, and card file boxes.” The new language will read as follows: “Storage: Records are maintained in software applications, and some information is also stored in file folders.” All other aspects of OIG's systems of records remain unchanged and are as published. A “Report on New System,” required by 5 U.S.C. 552a(r), as implemented by OMB Circular A-130, was sent to the Chairman, Committee on Homeland Security and Governmental Affairs, United States Senate; the Chairman, Committee on Oversight and Government Reform, House of Representatives; and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Dated: June 17, 2008. Edward T. Schafer, Secretary. USDA/OIG-1 System Name: Employee Records, USDA/OIG. Routine Uses of Records Maintained in the System, including categories of users and the purposes of such: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Storage: Records are maintained in software applications, and some information is also stored in file folders. USDA/OIG-2 System Name: Informant and Undercover Agent Records, USDA/OIG. Routine Uses of Records Maintained in the System, including categories of users and the purposes of such: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Storage: Records are maintained in software applications, and some information is also stored in file folders. USDA/OIG-3 System Name: Investigative Files and Automated Investigative Indices System, USDA/OIG. Routine Uses of Records Maintained in the System, including categories of users and the purposes of such: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Storage: Records are maintained in software applications, and some information is also stored in file folders. USDA/OIG-4 System Name: OIG Hotline Complaint Records, USDA/OIG. Routine Uses of Records Maintained in the System, including categories of users and the purposes of such: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Storage: Records are maintained in software applications, and some information is also stored in file folders. USDA/OIG-5 System Name: Automated Reporting and General Operations System (ARGOS), USDA/OIG. Routine Uses of Records Maintained in the System, including categories of users and the purposes of such: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Storage: Records are maintained in software applications, and some information is also stored in file folders. USDA/OIG-6 System Name: Training Tracking System, USDA/OIG. Routine Uses of Records Maintained in the System, including categories of users and the purposes of such: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Storage: Records are maintained in software applications, and some information is also stored in file folders. USDA/OIG-7 System Name: Freedom of Information Act and Privacy Act Request Records, USDA/OIG. Routine Uses of Records Maintained in the System, including categories of users and the purposes of such: 16. To appropriate agencies, entities, and persons when
(1)OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)USDA 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 USDA 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 USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Storage: Records are maintained in software applications, and some information is also stored in file folders. [FR Doc. E8-17052 Filed 7-24-08; 8:45 am] BILLING CODE 3410-23-P DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 2008-Crop Marketing Assistance Loans and Loan Deficiency Payments for Cotton and Peanuts AGENCY: Commodity Credit Corporation, USDA. ACTION: Notice. SUMMARY: As announced by this notice, the Commodity Credit Corporation
(CCC)is implementing provisions of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) regarding Marketing Assistance Loans
(MAL)and Loan Deficiency Payments
(LDP)for 2008 crop cotton and peanuts. The 2008 Farm Bill authorizes the continuation of the MAL and LDP programs for the 2008 through 2012 crops. This notice specifies how CCC will administer 2008 crop MAL and LDP provisions. DATES: *Effective Date:* July 25, 2008 FOR FURTHER INFORMATION CONTACT: Candace Thompson, Director, Price Support Division, Farm Service Agency, USDA, STOP 0512, 1400 Independence Avenue, SW., Washington, DC 20250-0512; telephone:
(202)720-7901 or fax:
(202)690-3307; e-mail: *candy.thompson@wdc.usda.gov* . Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact the USDA Target Center at
(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: CCC administers a loan program, including MAL and LDP, that provides short-term financing to allow farmers to pay their bills soon after harvest and to facilitate orderly marketing throughout the rest of the year. The loan program also provides significant income support when market prices are below statutory loan rates. Currently, regulations in 7 CFR parts 1421, 1425, and 1427 cover MAL and LDP provisions for the 2002 through 2007 crop years. The 2008 Farm Bill (Pub. L. 110-246) authorizes the continuation of MAL and LDP for cotton and peanuts for the 2008 through 2012 crops. With the pending harvest of 2008-crop cotton and peanuts, this notice announces that CCC will, with the exceptions noted below, immediately implement MAL and LDP provisions for 2008-crop cotton and peanuts based on the regulations that applied to the 2007 crop and appeared in: • 7 CFR part 1421, Grains and Similarly Handled Commodities—Marketing Assistance Loans and Loan Deficiency Payments for the 2002 through 2007 Crop Years; • 7 CFR part 1425, Cooperative Marketing Associations; and • 7 CFR part 1427, Cotton. To address the 2008 exceptions and for the 2009 through 2012 crops, CCC will amend the applicable regulations to reflect changes required by the 2008 Farm Bill including the fine count adjustment, storage credit rates, and transportation costs. The 2008 exceptions are as follows. For cotton, the calculation of the prevailing world market price, for repayment purposes, will continue to be calculated as specified in the current regulations. Also, for cotton, storage payments will be allowed to the extent permitted in the current regulations. For peanuts, handling and storage costs will be allowed to the extent permitted in the current regulations. These three 2008 exceptions will be changed later to implement the requirements of the 2008 Farm Bill through rulemaking instead of being made effective now because the software development required to implement the changes is not immediately available. Additionally, CCC revised regulations, effective on May 23, 2008 (73 FR 30274-30277, final rule published May 27, 2008) providing that Far East prices will be used instead of Northern Europe prices in determining the upland cotton adjusted world price (AWP). The revised AWP calculation applies to the 2007 through the 2012 crops of upland cotton. Environmental Review FSA has determined that these changes would not constitute a major Federal action that would significantly affect the quality of the human environment. Therefore, in accordance with the provisions of the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations for compliance with NEPA (7 CFR part 799), no environmental assessment or environmental impact statement will be prepared. Signed at Washington, DC on July 21, 2008. Teresa C. Lasseter, Executive Vice President, Commodity Credit Corporation. [FR Doc. E8-17001 Filed 7-24-08; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Forest Service Genesis Inc. 2009 Exploration Drilling Project; Kootenai National Forest, Lincoln County, MT AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The Department of Agriculture, Forest Service, Kootenai National Forest will prepare an environmental impact statement
(EIS)to document the analysis and disclose the environmental impacts of the proposed action to conduct a helicopter-assisted exploration drilling project near Troy, Montana. Genesis, Inc. submitted a proposed Plan of Operations on June 19, 2008, pursuant to Forest Service locatable mineral regulations 36 CFR 228, Subpart A. A single EIS, evaluating all components of the proposed project will be prepared. *Scoping Comment Date:* Comments concerning the proposed action must be postmarked by August 25, 2008, to be considered in the draft EIS. ADDRESSES: Send written comments concerning the Proposed Action to Mike Herrin, Three Rivers District Ranger, Genesis Exploration Project, Kootenai National Forest, 12858 U.S. Hwy. 2, Troy, MT 59935, or e-mail your comments to: *comments-northern-kootenai-threerivers@fs.fed.us* . All comments received must contain: Name of commenter, postal service mailing address, and date of comment. Comments sent as an e-mail message should be sent as an attachment to the message. A copy on computer-generated disc should accompany all comments over one page in length. FOR FURTHER INFORMATION CONTACT: Dick Harlow, Project Coordinator, Three River Ranger Station, 12858 U.S. Hwy. 2, Troy, Montana 59935. Phone
(406)293-7773, or e-mail at *dharlow@fs.fed.us* . SUPPLEMENTARY INFORMATION: Proposed Action The Three Rivers District Ranger of the Kootenai National Forest has received a plan of operations proposing to access three
(3)helicopter-supported drill sites on NFS lands in sections 7, 17, & 18, T28N, R33W, MT. P.M., southwest of Bull Lake, in Lincoln and Sanders Counties. These sites were previously drilled in 1999 and this additional exploration drilling is needed to further define ore reserves on the unpatented mining claims. The proposal is to drill 8 core holes from 3 separate locations, utilizing existing openings from previous helicopter drill sites. The holes will vary from 100′ to 1600′ in depth. The Drilling Plan for the drill sites is to use a pre-constructed metal landing/drill platform (approx. 30′ long x 15′ wide). The platform will be flown to the sites in sections and assembled. The drill will be mounted on the drill platforms on the south side of Ross Creek. A helicopter staging site will be located near the junction of FR 4628 and FR 4628A. Some site maintenance will be required. This work will include removal of brush and short trees. Design features and mitigations to maintain and protect resource values would be included. The proposed implementation period would be June 16, 2009, through November 15, 2009. Lead and Cooperating Agencies Montana Department of Environmental Quality, U.S. Fish and Wildlife Service, Montana Department of Natural Resources and Conservation, Confederated Salish and Kootenai Tribes, and Kootenai Tribe of Idaho, have either jurisdiction or interest and will participate as cooperating agencies or government entities in the preparation of this EIS. Other governmental agencies and any public that may be interested in or affected by the proposal are invited to participate in the scoping process, which is designed to obtain input and to identify potential issues relating to the proposed project. Responsible Official As the District Ranger of the Three Rivers Ranger District, Kootenai National Forest, I am the Responsible Official. As the Responsible Official, I will decide if the proposed project will be implemented. I will document the decision and reasons for the decision in the Record of Decision. Range of Alternatives The Forest Service will consider a range of alternatives. One of these will be the “no action” alternative in which none of the proposed activities will be implemented. Additional alternatives will examine varying levels and locations for the proposed activities to achieve the proposal's purposes, as well as to respond to the issues and other resource values. Nature of Decision To Be Made The nature of the decision to be made is to select an action that meets the legal rights of the proponent, while protecting the environment in compliance with applicable laws, regulations and policy. The District Ranger will use the EIS process to develop the necessary information to make an informed decision as required by 36 CFR 228 Subpart A. Based on the alternatives developed in the EIS, the following are possible decisions:
(1)An approval of the Plan of Operations as submitted;
(2)An approval of the Plan of Operations with changes, and the incorporation of mitigations and stipulations that meet the mandates of applicable laws, regulations, and policy;
(3)Denial of the Plan of Operations if no alternative can be developed that is in compliance with applicable laws, regulations and policy. Permits or Licenses Required Various permits and licenses are needed prior to implementation of this project. Permits or licenses required by the issuing agencies identified for this proposal are: • Approval of Plan of Operations from the Kootenai National Forest • Exploration License from the Montana Department of Environmental Quality *Public Involvement and Scoping:* This Notice of Intent initiates the scoping process, which guides the development of the EIS. At this stage of the planning process, site-specific public comments are being requested to determine the scope of the analysis, and identify significant issues and alternatives to the Proposed Action. Comments concerning the proposed action must be postmarked by August 25, 2008, to be considered in the draft EIS. The public is encouraged to take part in the process and to visit with Forest Service officials at any time during the analysis and prior to the decision. The Forest Service will be seeking information, comments, and assistance from Federal, State, and local agencies, Tribal governments, and other individuals or organizations that may be interested in, or affected by, the proposed action. This input will be used in preparation of the draft and final EIS. The scoping process will include: 1. Identifying potential issues. 2. Identifying major issues to be analyzed in depth. 3. Identifying alternatives to the proposed action. 4. Exploring additional alternatives that will be derived from issues recognized during scoping activities. 5. Identifying potential environmental effects of this proposal (i.e. direct, indirect, and cumulative effects and connected actions). *Estimated Dates for Filing:* The draft EIS is expected to be filed with the Environmental Protection Agency
(EPA)and to be available for public review in December 2008. At that time EPA will publish a Notice of Availability of the draft EIS in the **Federal Register** . The comment period on the draft EIS will be 45 days from the date the EPA publishes the Notice of Availability in the **Federal Register** . It is very important that those interested in the management of this area participate at that time. The final EIS is scheduled to be completed in February 2009. In the final EIS, the Forest Service is required to respond to comments and responses received during the comment period that pertain to the environmental consequences discussed in the draft EIS and to applicable laws, regulations, and policies considered in making a decision regarding the proposal. *Reviewer's Obligations:* The Forest Service believes it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. *NIRDC* , 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage may be waived or dismissed by the courts. *City of Angoon* v. *Hodel* , 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris* , 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider and respond to them in the final EIS. To be most helpful, comments on the draft EIS should be as specific as possible and may address the adequacy of the statement or the merit of the alternatives discussed. Reviewers may wish to refer to the Council on Environmental Quality regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public cord on this proposal, and will be available for public inspection. Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21. Dated: July 18, 2008. Mike Herrin, District Ranger, Three Rivers Ranger District, Kootenai National Forest. [FR Doc. E8-17063 Filed 7-24-08; 8:45 am] BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Forest Service Forest Service Manual 2360 for Heritage Program Management AGENCY: Forest Service, USDA. ACTION: Notice of availability of final directive. SUMMARY: The Forest Service is issuing a new directive to Forest Service Manual 2360 for Heritage Program Management. The Forest Service Manual for the Heritage Program was last amended in 1991. The new directive addresses laws, amendments, and Executive orders passed since 1991 and issues that are increasingly important to the Forest Service Heritage Program including increased Tribal coordination on a variety of issues from re-burial of human remains to tourism, growth of educational travel and heritage tourism, emphasis on use of historic properites, and increased theft of American antiquities. The directive provides Heritage Program guidance to Forest Service land managers. It does not change management direction, but rather clarifies responsibilities, authorities, and internal procedures to improve the management and protection of cultural resources on National Forest System lands. DATES: This directive is effective July 25, 2008. ADDRESSES: The directive is available at *http://www.fs.fed.us/cgi-bin/Directives/get_dirs/fsm?2300!* . Single paper copies of the directive are also available by contacting April Thorne, Recreation and Heritage Resources (Mail Stop 1125), Forest Service, U.S. Department of Agriculture, 1400 Independence Ave., SW., Washington, DC 20250, telephone 202-205-3562. FOR FURTHER INFORMATION CONTACT: Michael Kaczor, Federal Preservation Officer, Forest Service, U.S. Department of Agriculture, 201 14th Street, NW., Washington, DC 20250, e-mail: *mkaczor@fs.fed.us* , telephone 202-205-1427. Individuals who use telecommunication devices for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: In addition to legislation and regulation passed prior to 1991, this directive incorporates laws, regulations, and Executive orders passed since 1991 that affect Heritage Program management, including: 1992—Amendments to the National Historic Preservation Act (NHPA). 2000—E.O. 13175—Consultation with Indian Tribal Governments. 2003—43 CFR 10—Native American Graves and Repatriation Regulations. 2003—E.O. 13287—Preserve America 2004—Amendments to the 36 CFR 800 regulations implementing the National Historic Preservation Act. 2004—E.O. 13327—Federal Real Property Asset Management. 2004—Federal Lands Recreation Enhancement Act. 2005—Forest Service Facility Realignment and Enhancement Act. Goals of FSM 2360—Heritage Program Management *The goals of the updated direction in Forest Service Manual 2360 are to:* 1. Improve cultural resource stewardship on National Forest System lands. 2. Establish consistent Heritage program implementation across Forest Service units. 3. Increase efficiency in Heritage Program support to other Forest Service programs. 4. Improve and expand Forest Service partnerships with the public and with Indian tribal communities in the interest of historic preservation. 5. Improve and expand the delivery of Heritage programs and products to the American public. FSM 2360 Sections 2361—Consultation and Coordination describes consultation and coordination with State, Tribal, and local governments, other Federal agencies, and the public in all facets of Heritage Program management. 2362—Planning includes guidance on the integration of heritage issues in agency planning efforts and development of management plans for the Heritage Program and for individual historic properties. 2363—Identification, Evaluation, and Allocation to Management Categories describes the process to identify cultural resources that are eligible for listing on the National Register of Historic Places and recommend management that protects the value of cultural resources and maximizes their benefit to the agency and the public. 2364—Protection and Stewardship describes requirements to protect cultural resources from environmental damage, effects of agency or agency-authorized undertakings, and illegal activity or unauthorized use. It provides guidance on conservation, study, and formal designations of historic properties. 2365—Public Education and Outreach provides guidelines for the delivery of heritage values to the public through the Forest Service Windows on the Past program. 2366—Management of Heritage Collections describes types of collections and curation standards. 2367—Permits, Agreements, and Contracts provides guidance for the issuance of permits, agreements, and contracts for Heritage Program work. 2368—Information Management and Reporting identifies the importance of maintaining up-to-date electronic data for the Heritage Program and explains confidentiality options for sensitive cultural resource information. Dated: July 21, 2008. Gloria Manning, Associate Deputy Chief, National Forest System. [FR Doc. E8-17111 Filed 7-24-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Notice of Intent To Request Approval To Revise and Extend an Information Collection AGENCY: National Agricultural Statistics Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service
(NASS)to request approval to revise and extend a currently approved information collection, the Milk and Milk Products Surveys. Revision to burden hours may be needed due to changes in the size of the target population, sample design, and/or questionnaire length. DATES: Comments on this notice must be received by September 23, 2008 to be assured of consideration. ADDRESSES: You may submit comments, identified by docket number 0535-0020, by any of the following methods: • E-mail: *OMBofficer@nass.usda.gov* . Include docket number above in the subject line of the message. • Fax:
(202)720-6396. • Mail: Mail any paper, disk, or CD-ROM submissions to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024. • Hand Delivery/Courier: Hand deliver to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024. FOR FURTHER INFORMATION CONTACT: Joseph T. Reilly, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture,
(202)720-4333. SUPPLEMENTARY INFORMATION: *Title:* Milk and Milk Products Surveys. *OMB Control Number:* 0535-0020. *Expiration Date of Approval:* December 31, 2008. *Type of Request:* Intent to Seek Approval to Revise and Extend an Information Collection. *Abstract:* The primary objective of the National Agricultural Statistics Service is to prepare and issue State and national estimates of crop and livestock production. The Milk and Milk Products Surveys obtain basic agricultural statistics on milk production and manufactured dairy products from farmers and processing plants throughout the nation. Data are gathered for milk production, dairy products, evaporated and condensed milk, manufactured dry milk, and manufactured whey products. Milk production and manufactured dairy products statistics are used by the U.S. Department of Agriculture
(USDA)to help administer federal programs and by the dairy industry in planning, pricing, and projecting supplies of milk and milk products. Authority: Voluntary dairy information reporting is conducted under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. Mandatory dairy product information reporting is based on the Agricultural Marketing Act of 1946, as amended by the Dairy Market Enhancement Act of 2000 and the Farm Security and Rural Development Act of 2002 (U.S.C. 1637-1637b). This program requires each manufacturer to report to USDA the price, quantity, and moisture content of dairy products sold and each entity storing dairy products to report information on the quantity of dairy products stored. Any manufacturer that processes, markets, or stores less than 1,000,000 pounds of dairy products per year is exempt. USDA is required to maintain information, statistics, or documents obtained under these Acts in a manner that ensures that confidentiality is preserved regarding the identity of persons and proprietary business information, subject to verification by the Agricultural Marketing Service
(AMS)under Public Law No. 106-532. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, codified at 44 U.S.C. 3501, *et seq.* ) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995). *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 8 minutes per response. This average is based on the 9 different surveys in the information collection: 4 weekly, 2 monthly, 1 quarterly, and 2 annual. Total annual response is estimated to be 95,000 with an average annual frequency of 3.65 responses per respondent. *Respondents:* Farms and businesses. *Estimated Number of Respondents:* 26,000. *Estimated Total Annual Burden on Respondents:* 12,500 hours. Copies of this information collection and related instructions can be obtained without charge from David Hancock, the Agency Clearance Officer, at
(202)690-2388, or at *OMBofficer@nass.usda.gov* . *Comments:* Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)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;
(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 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. All responses to this notice will become a matter of public record and be summarized in the request for OMB approval. Signed at Washington, DC, June 18, 2008. Joseph T. Reilly, Associate Administrator. [FR Doc. E8-17039 Filed 7-24-08; 8:45 am] BILLING CODE 3410-20-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions And Deletions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to the Procurement List. SUMMARY: The Committee is proposing to add to the Procurement List a product and a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. COMMENTS MUST BE RECEIVED ON OR BEFORE: August 24, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@AbilityOne.gov* . SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each product or service will be required to procure the product(s) and/or service(s) listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product(s) and/or service(s) to the Government. 2. If approved, the action will result in authorizing small entities to furnish the product(s) and/or service(s) to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product(s) and/or service(s) proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following product(s) and/or service(s) are proposed for addition to the Procurement List for production by the nonprofit agencies listed: Product Target, Silhouette. *NSN:* 6920-00-795-1807. *NPA:* North Central Sight Services, Inc., Williamsport, PA. *Coverage:* C-List for the Government requirement of the Defense Supply Center Philadelphia, Philadelphia, PA. *Contracting Activity:* Defense Supply Center Philadelphia, Philadelphia, PA. Services *Service Type/Location(s):* Janitorial Services. San Francisco Maritime Museum Building, 900 Beach Street; San Francisco Hyde Street Pier, 2905 Hyde Street; San Francisco Maritime Visitor Center, 499 Jefferson Street, San Francisco, CA. *NPA:* Toolworks, Inc., San Francisco, CA. *Contracting Activity:* U.S. Department of the Interior, National Park Service, Oakland, CA. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-17104 Filed 7-24-08; 8:45 am] BILLING CODE 6353-01-P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to the Procurement List. SUMMARY: This action adds to the Procurement List products and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: *Effective Date:* August 24, 2008. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259. FOR FURTHER INFORMATION CONTACT: Kimberly M. Zeich, Telephone:
(703)603-7740, Fax:
(703)603-0655, or e-mail *CMTEFedReg@jwod.gov* . SUPPLEMENTARY INFORMATION: On May 30 and June 6, 2008, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (73 FR 31056; 31057; 32287) of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and services and impact of the additions on the current or most recent contractors, the Committee has determined that the products and services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and services to the Government. 2. The action will result in authorizing small entities to furnish the products and services to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products and services proposed for addition to the Procurement List. End of Certification Accordingly, the following products and services are added to the Procurement List: Products Paper, Tabulating Machine *NSN:* 7530-00-185-6752—Paper, Tabulating Machine. *NPA:* Association for Vision Rehabilitation and Employment, Inc., Binghamton, NY. *Coverage:* B-List for the broad Government requirement as specified by the General Services Administration. Tri-Wall Aerial Distribution System (TRIADS) Humanitarian Airdrop Kit *NSN:* 8115-01-544-2416. *NPA:* Tarrant County Association for the Blind, Fort Worth, TX. *Coverage:* B-List for the broad Government requirement as specified by the General Services Administration. *Contracting Activity:* General Services Administration, Office Supplies & Paper Products Acquisition Ctr, New York, NY. Services *Service Type/Location:* Administrative Services, Carl Vinson VA Medical Center, 1826 Veterans Blvd., Dublin, GA. *Service Type/Location:* Administrative Services, Charlie Norwood VA Medical Center, Uptown Division Complex—1 Freedom Highway, Downtown Division Complex—950 15th Street, Augusta, GA. *NPA:* Bobby Dodd Institute, Inc., Atlanta, GA. *Contracting Activity:* VISN 7 Network Logistics, Augusta, GA. *Service Type/Location:* Base Supply Center, Base Supply Center, Camp Atterbury, IN. *NPA:* L.C. Industries for the Blind, Inc., Durham, NC. *Contracting Activity:* United States Property & Fiscal Officer for Indiana, Indianapolis, IN. *Service Type/Location:* Document Destruction, Department of Health and Human Services, Office of Medicare Hearings and Appeals, 200 Public Square, Cleveland, OH. *NPA:* Weaver Industries, Inc., Akron, OH. *Contracting Activity:* Department of Health and Human Services, Rockville, MD. *Service Type/Location:* Mailroom Operations, Moody Air Force Base, 5293 Schrader St., Moody Air Force Base, GA. *NPA:* Bobby Dodd Institute, Inc., Atlanta, GA. *Contracting Activity:* Moody Air Force Base, Moody AFB, GA. *Service Type/Location:* Mailroom Operations, Internal Revenue Service, 50 South 200 East, Salt Lake City, UT. *NPA:* ServiceSource, Alexandria, VA (Prime Contractor). *NPA:* Utah Industries for the Blind, Salt Lake City, UT (Sub-Contractor). *Service Type/Location:* Mailroom Operations, Internal Revenue Service, 801 Civic Center Drive, West, Santa Ana, CA. *NPA:* ServiceSource, Alexandria, VA (Prime Contractor). *NPA:* Pacific Coast Community Services, Richmond, CA (Sub-Contractor). *Contracting Activity:* U.S. Department of the Treasury, Internal Revenue Services Headquarters, Oxon Hill, MD. This action does not affect current contracts awarded prior to the effective date of this addition or options that may be exercised under those contracts. Kimberly M. Zeich, Director, Program Operations. [FR Doc. E8-17105 Filed 7-24-08; 8:45 am] BILLING CODE 6353-01-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* NOAA Customer Surveys. *Form Number(s):* None. *OMB Approval Number:* 0648-0342. *Type of Request:* Regular submission. *Burden Hours:* 4,196. *Number of Respondents:* 59,100. *Average Hours per Response:* 5 minutes. *Needs and Uses:* This is a request for renewal of a generic clearance for voluntary customer surveys to be conducted by NOAA program offices. In accordance with Executive Order 12862, the National Performance Review, and good management practices, NOAA offices seek to continue to gather customer feedback on services and/or products, which can be used in planning for service/product modification and prioritization. Under this generic clearance, individual offices would continue use of approved questionnaires and develop new questionnaires, as needed, by selecting subsets of the approved set of collection questions and tailoring those specific questions to be meaningful for their particular programs. These proposed questionnaires would then be submitted through a fast-track request for approval process. *Affected Public:* Individuals or households; not-for-profit institutions; business or other for-profit organizations; State, Local or Tribal Government. *Frequency:* On occasion. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, Fax number
(202)395-7285, or *David_Rostker@omb.eop.gov* . Dated: July 22, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-17059 Filed 7-24-08; 8:45 am] BILLING CODE 3510-12-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* Highly Migratory Species Vessel Logbooks and Cost-Earnings Data Reports. *Form Number(s):* None. *OMB Approval Number:* 0648-0371. *Type of Request:* Regular submission. *Burden Hours:* 29,460. *Number of Respondents:* 7,451. *Average Hours per Response:* Trip reports with catch, 12 minutes; trip reports without catch, and no-trip reports, 2 minutes; cost-earnings and annual expenditure reports, 30 minutes. *Needs and Uses:* The National Marine Fisheries Service
(NMFS)seeks to renew an existing logbook information and cost-earnings data collection from fishermen who possess permits to fish for highly migratory species (HMS). This renewal would continue the successful HMS Vessel Logbook program and have several revisions. The revisions would:
(1)Decrease the overall number of respondents based on recent information;
(2)decrease the number of Atlantic tunas, shark, swordfish, and HMS Charter/Headboat permit holders based on recent information;
(3)increase the number of Dolphin/Wahoo commercial and Charter/Headboat permit holders; and
(4)decrease the burden estimate associated with the cost-earnings and logbook forms. The information collected in logbooks and the cost-earnings form will help NMFS identify impacts of proposed regulatory measures on fishermen and the resource, consistent with applicable law such as the Magnuson-Stevens Fishery Conservation and Management Act and the Regulatory Flexibility Act. *Affected Public:* Business or other for-profit organizations. *Frequency:* Annually and on occasion. *Respondent's Obligation:* Mandatory. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, Fax number
(202)395-7285, or *David_Rostker@omb.eop.gov* . Dated: July 22, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-17060 Filed 7-24-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). *Agency:* National Oceanic and Atmospheric Administration (NOAA). *Title:* NOAA Community-based Restoration Program Progress Reports. *Form Number(s):* None. *OMB Approval Number:* 0648-0428. *Type of Request:* Regular submission. *Burden Hours:* 792. *Number of Respondents:* 99. *Average Hours per Response:* 8. *Needs and Uses:* The Commercial Operator's Annual Report
(COAR)provides information on exvessel and first wholesale values for statewide Alaska fish and shellfish products. This information is used to analyze and measure the impact of proposed or enacted management measures. The National Marine Fisheries Service requires owners of catcher/processors and motherships operating in the Exclusive Economic Zone off Alaska to complete the State of Alaska, Department of Fish and Game COAR. *Affected Public:* Business or other for-profit organizations. *Frequency:* Annually. *Respondent's Obligation:* Mandatory. *OMB Desk Officer:* David Rostker,
(202)395-3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, Fax number
(202)395-7285, or *David_Rostker@omb.eop.gov* . Dated: July 22, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-17061 Filed 7-24-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; Census Coverage Measurement Independent Listing Operation AGENCY: U.S. Census Bureau. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: To ensure consideration, written comments must be submitted on or before September 23, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Gia F Donnalley, U.S. Census Bureau, 4600 Silver Hill Road, Room 4K067, Washington, DC 20233, 301-763-4370 (or via the Internet at *Gia.F.Donnalley@census.gov* .) SUPPLEMENTARY INFORMATION I. Abstract The 2010 Census Coverage Measurement
(CCM)Independent Listing Operation will be conducted in the U.S. (excluding remote Alaska) and in Puerto Rico in select CCM sampled areas. The primary sampling unit is a block cluster, which consists of one or more geographically contiguous census blocks. As in the past, the CCM operations and activities will be conducted separate from and independent of the 2010 Census operations. CCM will be conducted to provide estimates of net coverage error and coverage error components (omissions and erroneous enumerations) for housing units and persons in housing units (see Definition of Terms) to improve future censuses. The data collection and matching methodologies for previous coverage measurement programs were designed only to measure net coverage error, which reflects the difference between omissions and erroneous inclusions. The Independent Listing Operation is the first step in the CCM process. It will be conducted to obtain a complete housing unit inventory of all the addresses within the CCM sample block clusters before the 2010 Census enumeration commences. Enumerators will canvass every street, road, or other place where people might live in their assigned block clusters and construct a list of housing units. Enumerators will contact a member (or proxy) of each housing unit to ensure all units at a given address are identified. They also will identify the location of each housing unit by assigning map spots on block maps provided with their assignment materials. Following the completion of each block cluster, the listing books are keyed for matching against the census Decennial Master Address File
(DMAF)for the same areas. Completed Independent Listing Books are subject to a Dependent Quality Check
(DQC)wherein DQC listers return to the field to check 12 units per cluster to ensure that the work performed is of acceptable quality and to verify that the correct blocks were visited. If the cluster fails the DQC, then the DQC lister reworks the entire cluster. The Independent Listing results will be computer and clerically matched to the DMAF from the census in the same areas. There will be two Independent Listing Forms, D-1302 and D-1302PR. The D-1302 is the English language version of the listing form and will be used both to list and to conduct DQC for addresses in CCM stateside sample areas. The D-1302PR is the Spanish language version of the listing form, which will be used for the same purposes in the CCM sample areas of Puerto Rico. The addresses that remain unmatched or unresolved after matching will be sent to the field during the next field operation of the CCM (Initial Housing Unit Followup), to collect additional information that might allow a resolution of any differences between the independent listing results and the census DMAF. Cases also will be sent to resolve potential duplicates and unresolved housing unit status. The forms and procedures to be used in the Initial Housing Unit Followup phase of the CCM in the 2010 Census and all subsequent CCM phases will be the subject of a separate **Federal Register** Notice. II. Method of Collection The Independent Listing operation will be conducted using person-to-person interviews. Definition of Terms *Components of Coverage Error* —The two components of census coverage error are census omissions (missed persons or housing units) and erroneous inclusions (persons or housing units enumerated in the census that should not have been). Examples of erroneous inclusions are: Persons or housing units enumerated in the census that should not have been enumerated at all, persons or housing units enumerated in an incorrect location, and persons or housing units enumerated more than once (duplicates). *Net Coverage Error* —Reflects the difference between census omissions and erroneous inclusions. A positive net error indicates an undercount, while a negative net error indicates an overcount. For more information about the Census 2010 Coverage Measurement Program, please visit the following page of the Census Bureau's Web site: *http://www.census.gov/cac/www/pdf/coverage-measurement-program.pdf.* III. Data *OMB Control Number:* None. *Form Number:* D-1302, D-1302PR. *Type of Review:* Regular submission. *Affected Public:* Individuals or Households. *Estimated Number of Respondents:* 1,000,000 Housing Units
(HUs)for Independent Listing and 157,000 HUs for Independent Listing DQC. *Estimated Time per Response:* 2 minutes. *Estimated Total Annual Burden Hours:* 38,567. *Estimated Total Annual Cost:* $0. *Respondent's Obligation:* Mandatory. *Legal Authority:* Title 13, U.S. Code, Section 141, 193, and 221. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: July 22, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-17067 Filed 7-24-08; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Application for Insular Watch and Jewelry Program Benefits AGENCY: International Trade Administration. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before September 23, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to: Faye Robinson, Statutory Import Programs Staff,
(202)482-3526, *Faye_Robinson@ita.doc.gov* and fax number
(202)482-0949. SUPPLEMENTARY INFORMATION: I. Abstract Public Law 97-446, as amended by Public Law 103-465, Public Law 106-36, and Public Law 108-429, requires the Departments of Commerce and the Interior (Departments) to administer the distribution of watch duty-exemptions and watch and jewelry duty-refunds to program producers in the U.S. insular possessions and the Northern Mariana Islands. The primary consideration in collecting information is the enforcement of the law and the information gathered is limited to that necessary to prevent abuse of the program and to permit a fair and equitable distribution of its benefits. The ITA-334P is the principal program form used for recording operational data on the basis of which program entitlements are distributed among the producers. This form also serves as the producer's application to the Departments for these entitlements and is completed biannually by watch and jewelry assemblers and manufacturers. A proposed modification to form ITA-334P is planned, by dividing it into four forms, so that there is an annual and mid-year application for watch producers and an annual and mid-year application for jewelry producers. This would not involve any increase in the amount of information collected. II. Method of Collection The form is sent to each watch and jewelry producer biannually. The form is also available at *http://ita-web.ita.doc.gov/doc/eFormsPub.nsf* and may be completed online and printed, and submitted via mail. III. Data *OMB Control Number:* 0625-0040. *Form Number:* ITA-334P. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 5. *Estimated Time per Response:* 3 hours. *Estimated Total Annual Burden Hours:* 30. *Estimated Total Annual Cost to Public:* $600. IV. Request for Comments Comments are invited on
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and costs) 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 forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: July 22, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-17066 Filed 7-24-08; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review AGENCY: International Trade Administration. ACTION: Notice of issuance of an Export Trade Certificate of Review, Application No. 08-00007. SUMMARY: On July 21, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Global Trade International LLC (“GTI”). This notice summarizes the conduct for which certification has been granted. FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at
(202)482-5131 (this is not a toll-free number), or by e-mail at *oetca@ita.doc.gov* . SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR Part 325 (2007). Export Trading Company Affairs (“ETCA”) is issuing this notice pursuant to 15 CFR section 325.6(b), which requires the U.S. Department of Commerce to publish a summary of the certification in the **Federal Register** . Under Section 305(a) of the Act and 15 CFR section 325.11(a), any person aggrieved by the Secretary's determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. Description of Certified Conduct Export Trade 1. *Products* All Products. 2. *Services* All Services. 3. *Technology Rights* Technology rights that relate to Products and Services, including, but not limited to, patents, trademarks, copyrights, and trade secrets. 4. *Export Trade Facilitation Services (As They Relate to the Export of Products, Services, and Technology Rights)* Export Trade Facilitation Services, including, but not limited to, professional services in the areas of government relations and assistance with state and federal programs; foreign trade and business protocol; consulting; market research and analysis; collection of information on trade opportunities; marketing; negotiations; joint ventures; shipping; export management; export licensing; advertising; documentation and services related to compliance with customs requirements; insurance and financing; trade show exhibitions; organizational development; management and labor strategies; transfer of technology; transportation services; and facilitating the formation of shippers' associations. Export Markets The Export Markets include all parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). Export Trade Activities and Methods of Operation 1. With respect to the sale of Products and Services, licensing of Technology Rights, and provision of Export Trade Facilitation Services, GTI may: a. Provide and arrange for the provision of Export Trade Facilitation Services; b. Engage in promotional and marketing activities and collect information on trade opportunities in the Export Markets and distribute such information to clients; c. Enter into exclusive and non-exclusive licensing and sales agreements with Suppliers for the export of Products, Services, and Technology Rights to Export Markets; d. Enter into exclusive and non-exclusive arrangements with distributors and sales representatives in Export Markets; e. Allocate export sales or divide Export Markets among Suppliers for the sale and licensing of Products, Services, and Technology Rights; f. Allocate export orders among Suppliers; g. Establish the price of Products, Services, and Technology Rights for sales and licensing in Export Markets; h. Negotiate, enter into, and manage licensing agreements for the export of Technology Rights; and i. Enter into contracts for shipping of Products to Export Markets. 2. GTI may exchange information on a one-to-one basis with individual Suppliers regarding that Supplier's inventories and near-term production schedules for the purpose of determining the availability of Products for export and coordinating export with distributors. Terms and Conditions 1. GTI, including its officers, employees, and agents, shall not intentionally disclose, directly or indirectly, to any Supplier (including parent companies, subsidiaries, or other entities related to any Supplier) any information about any other Supplier's costs, production, capacity, inventories, domestic prices, domestic sales, terms of domestic marketing or sale, or U.S. business plans, strategies, or methods unless such information is already generally available to the trade or public. 2. GTI will comply with requests made by the Secretary of Commerce on behalf of the Secretary or the Attorney General for information or documents relevant to conduct under the Certificate. The Secretary of Commerce will request such information or documents when either the Attorney General or the Secretary believes that the information or documents are required to determine that the Export Trade, Export Trade Activities and Methods of Operation of a person protected by this Certificate of Review continue to comply with the standard of Section 303(a) of the Act. Definition “Supplier” means a person who produces, provides, or sells Products, Services and/or Technology Rights. Protection Provided by Certificate This Certificate protects GTI and its directors, officers, and employees acting on its behalf, from private treble damage actions and government criminal and civil suits under U.S. federal and state antitrust laws for the export conduct specified in the Certificate and carried out during its effective period in compliance with its terms and conditions. Effective Period of Certificate This Certificate continues in effect from the date indicated below until it is relinquished, modified, or revoked as provided in the Act and the Regulations. Other Conduct Nothing in this Certificate prohibits GTI from engaging in conduct not specified in this Certificate, but such conduct is subject to the normal application of the antitrust laws. Disclaimer The issuance of this Certificate of Review to GTI by the Secretary of Commerce with the concurrence of the Attorney General under the provisions of the Act does not constitute, explicitly or implicitly, an endorsement or opinion of the Secretary of Commerce or the Attorney General concerning either
(a)the viability or quality of the business plans of GTI or
(b)the legality of such business plans of GTI under the laws of the United States (other than as provided in the Act) or under the laws of any foreign country. The application of this Certificate to conduct in Export Trade where the U.S. Government is the buyer or where the U.S. Government bears more than half the cost of the transaction is subject to the limitations set forth in Section V.(D.) of the “Guidelines for the Issuance of Export Trade Certificates of Review (Second Edition),” 50 FR 1786 (January 11, 1985). A copy of the certificate will be kept in the International Trade Administration's Freedom of Information Records Inspection Facility, Room 4100, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Dated: July 21, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8-17026 Filed 7-24-08; 8:45 am] BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE International Trade Administration A-570-846 Brake Rotors from the People's Republic of China: Notice of Rescission of Antidumping Duty New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (the Department) is rescinding the new shipper review of the antidumping duty order on brake rotors from the People's Republic of China
(PRC)with respect to Longkou Zhongkai Automobile Parts Co., Ltd. (Longkou Zhongkai), an exporter of the subject merchandise from the PRC. The period of review
(POR)covers April 1, 2007, through March 31, 2008. This order was revoked as a result of a sunset proceeding and the effective date of revocation is prior to the date of the U.S. entry made by Longkou Zhongkai, the subject of this new shipper review. EFFECTIVE DATE: July 25, 2008. FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton Stefanova, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone
(202)482-1766 and
(202)482-1280, respectively. SUPPLEMENTARY INFORMATION: Background On May 22, 2008, the Department initiated a new shipper review for Longkou Zhonghai and indicated that the POR for this new shipper review was April 1, 2007, through March 31, 2008. *See Brake Rotors From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review* , 73 FR 31065 (May 30, 2008). On May 29, 2008, the International Trade Commission
(ITC)determined, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), that revocation of the antidumping duty order on brake rotors from the PRC would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. The ITC notified the Department of its decision on June 12, 2008, and published its decision on June 18, 2008. 1 Based on the ITC's decision, the Department subsequently revoked the antidumping duty order on brake rotors from the PRC, effective August 14, 2007. 2 1 *See Brake Rotors from China: Investigation No. 731-TA-744 (Second Review)* , 73 FR 34790 (June 18, 2008) and ITC Publication 4009 Inv. No. 731-TA-744 (Second Review) June 2008. 2 *See Brake Rotors from the People's Republic of China: Revocation of Antidumping Duty Order Pursuant to Second Five-Year (Sunset) Review* , 73 FR 36039 (June 25, 2008) ( *Revocation Notice* ). On July 14, 2008, Longkou Zhongkai withdrew its new shipper review request. Rescission of Review Longkou Zhongkai's POR U.S. entry occurred after the effective date of revocation of the order, which is August 14, 2007. The Department has already issued its revocation instructions to U.S. Customs and Border Protection (CBP), which will liquidate this entry without regard to antidumping duties ( *i.e.* , release all bonds and refund all cash deposits, with interest). *See Revocation Notice* . Because Longkou Zhongkai has no additional U.S. entries to review during the POR, we are rescinding this new shipper review. Furthermore, Longkou Zhongkai has withdrawn its review request in a timely manner. In addition, because this order is now revoked, no cash deposit instructions are necessary. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3). Dated: July 21, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8-17099 Filed 7-24-08; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Application To Shuck Surf Clams/Ocean Quahogs at Sea AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before September 23, 2008. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dHynek@doc.gov* ). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Timothy Cardiasmenos, 978-281-6204 or *Timothy.Cardiasmenos@noaa.gov* . SUPPLEMENTARY INFORMATION: I. Abstract National Marine Fisheries Service
(NMFS)Northeast Region manages the Atlantic surfclam and ocean quahog fisheries of the Exclusive Economic Zone
(EEZ)of the Northeastern United States through the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP). The Mid-Atlantic Fishery Management Council prepared the FMP pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The regulations implementing the FMP are specified at 50 CFR 648.70. The recordkeeping and reporting requirements at § 648.70 and § 648.74 form the basis for this collection of information. NMFS Northeast Region requests information from Atlantic surfclam and ocean quahog individual transferable quota
(ITQ)allocation holders in order to process and track requests from the allocation holders to transfer quota allocation to another entity. NMFS Northeast Region also requests information from Atlantic surfclam and ocean quahog permit holders in order to track and properly account for Atlantic surfclam and ocean quahog harvest that is shucked at-sea. Because there is not a standard conversion factor for estimating unshucked product from shucked product, NMFS requires vessels that choose to shuck product at-sea to carry on board the vessel a NMFS-approved observer to certify the amount of Atlantic surfclam and ocean quahog harvested. This information, upon receipt, results in an increasingly more efficient and accurate database for management and monitoring of fisheries of the Northeastern U.S. EEZ. II. Method of Collection Paper applications are used to process requests. III. Data *OMB Number:* 0648-0240. *Form Number:* None. *Type of Review:* Regular submission. *Affected Public:* Business or other for-profit organizations. *Estimated Number of Respondents:* 205. *Estimated Time per Response:* 5 minutes for the application to transfer quota, and 30 minutes for the application to shuck surfclams and ocean quahogs at-sea. *Estimated Total Annual Burden Hours:* 45. *Estimated Total Annual Cost to Public:* $219,765. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: July 22, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8-17065 Filed 7-24-08; 8:45 am] BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XJ21 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities from Vandenberg Air Force Base (VAFB), California AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. SUMMARY: NMFS has received a request from the U.S. Air Force
(USAF)for authorization for the take of marine mammals incidental to launching space launch vehicles, intercontinental ballistic and small missiles, and aircraft and helicopter operations at VAFB for the period of February 2009 through February 2014. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the USAF's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the USAF's application and request. DATES: Comments and information must be received no later than August 25, 2008. ADDRESSES: Comments on the application should be addressed to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225. The mailbox address for providing email comments is *PR1.0648XJ21@noaa.gov* . Comments sent via e-mail, including all attachments, must not exceed a 10-megabyte file size. FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected Resources, NMFS,
(301)713-2289, ext. 156. SUPPLEMENTARY INFORMATION: Availability A copy of the USAF's application may be obtained by writing to the address specified above (see ADDRESSES ), telephoning the contact listed above (see FOR FURTHER INFORMATION CONTACT ), or visiting the internet at: *http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications* . Background Sections 101(a)(5)(A) and
(D)of the MMPA (16 U.S.C. 1361 *et seq.* ) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) if certain findings are made and regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings may be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for certain subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as: an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. With respect to military readiness activities, the MMPA defines “harassment” as:
(i)any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A Harassment]; or
(ii)any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B Harassment]. Summary of Request On March 21, 2008, NMFS received an application from the USAF requesting authorization for the take of four species of marine mammals incidental to space vehicle and test flight activities from VAFB, which would impact pinnipeds on VAFB and the Northern Channel Islands, over the course of 5 years. These training activities are classified as military readiness activities. Marine mammals may be exposed to continuous noise due mostly to combustion effects of aircraft and launch vehicles and impulsive noise due to sonic boom effects. The USAF requests authorization to take four pinniped species by Level B Harassment. Specified Activities There are currently six active space launch vehicle facilities at VAFB used to launch satellites into polar orbit. These facilities support the launch programs for space vehicles, including the Atlas V, Delta IV, Falcon, Minotaur, and Taurus. There are also a variety of small missiles launched from North VAFB, including the Minuteman III and several types of interceptor and target vehicles for the Missile Defense Agency program. The VAFB runway, located on north VAFB, supports various aircraft operations. A full description of the activities to be conducted by the USAF at VAFB, including descriptions of the different space vehicles and missiles, are described in the USAF's application. Information Solicited Interested persons may submit information, suggestions, and comments concerning the USAF's request (see ADDRESSES ). All information, suggestions, and comments related to the USAF's request and NMFS' potential development and implementation of regulations governing the incidental taking of marine mammals by the USAF on and around VAFB will be considered by NMFS in developing, if appropriate, regulations governing the issuance of letters of authorization. Dated: July 21, 2008. Helen M. Golde, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8-17112 Filed 7-24-08; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF DEFENSE Office of Secretary [Docket ID: DoD-2008-OS-0082] Privacy Act of 1974; System of Records AGENCY: National Security Agency/Central Security Service, DoD. ACTION: Notice to Amend System of Records. SUMMARY: The National Security Agency/Central Security Service is proposing to amend an exempt system of records in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action would be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the National Security Agency/Central Security Service, Office of Policy, 9800 Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248. FOR FURTHER INFORMATION CONTACT: Ms. Anne Hill at
(301)688-6527. SUPPLEMENTARY INFORMATION: The National Security Agency's record system notices for records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendment is not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. GNSA 07 System name: NSA/CSS Motor Vehicles and Carpools (February 22, 1993, 58 FR 10531). Changes: Categories of records in the system: Delete entry and replace with “Records of individuals who have registered a vehicle to include parking permit information, decal data, and insurance information. Applications may contain such information as name, Social Security Number (SSN), employee identification number, home address, home phone number, Driver's license information, and vehicle identification number. File also contains motor vehicle violation reports, stolen vehicle reports, and other forms and correspondence related to parking privileges, transportation needs, parking enforcement procedures, vehicle abuse and other related matters.” Authority for maintenance of the system: Delete entry and replace with “40 U.S.C. 1315; National Security Agency Act of 1959, Pub. L. No. 86-36, § 11 (codified as amendment in 50 U.S.C. 402 note); 32 CFR parts 228 and 634; and E.O. 9397 (SSN).” Purpose: Delete entry and replace with “To track the issuance of parking permits and decals and to provide a record of individuals who have registered a vehicle. In addition, to manage and enforce parking lot regulations, to assist employees with respect to vehicle abuse and stolen vehicles, provide carpool assistance, assure availability of adequate transportation and parking facilities and other related matters.” Storage: Delete entry and replace with “Paper in file folders and electronic storage media.” Safeguards: Delete entry and replace with “Buildings are secured by a series of guarded pedestrian gates and checkpoints. Access to facilities is limited to security-cleared personnel and escorted visitors only. Within the facilities themselves, access to paper and computer printouts are controlled by limited-access facilities and lockable containers. Access to electronic means is limited and controlled by computer password protection.” System Manager: Delete entry and replace with “Chief, Commuter & Motor Fleet Services, National Security Agency/Central Security Service, Ft. George G. Meade, MD 20755-6000.” Notification Procedure: Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the National Security Agency/Central Security Service, Freedom of Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. Meade, MD 20755-6000. Individuals should provide their full name, current address, telephone number and signature.” Record Access Procedures: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system should address written inquiries to the National Security Agency/Central Security Service, Freedom of Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. Meade, MD 20755-6000. Individuals should provide their full name, current address, telephone number and signature.” Contesting Record Procedures: Delete entry and replace with “The NSA/CSS rules for contesting contents and appealing initial determinations are published at 32 CFR part 322 or may be obtained by written request addressed to the National Security Agency/Central Security Service, Freedom of Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. Meade, MD 20755-6000.” GNSA 07 System name: NSA/CSS Motor Vehicles and Carpools. System location: Primary location: National Security Agency/Central Security Service, Ft. George G. Meade, MD 20755-6000. Decentralized segments: Each non-headquarters facility and field element as appropriate and required. Categories of individuals covered by the system: NSA/CSS civilian employees, military assignees, other governmental employees or personnel under contract granted extended temporary or permanent access to an NSA/CSS facility. Categories of records in the system: Records of individuals who have registered a vehicle to include parking permit information, decal data, and insurance information. Applications may contain such information as name, Social Security Number (SSN), employee identification number, home address, home phone number, driver's license information, and vehicle identification number. File also contains motor vehicle violation reports, stolen vehicle reports, and other forms and correspondence related to parking privileges, transportation needs, parking enforcement procedures, vehicle abuse and other related matters. Authority for maintenance of the system: 40 U.S.C. 1315; National Security Agency Act of 1959, Pub. L. No. 86-36, § 11 (codified as amendment in 50 U.S.C. 402 note); 32 CFR parts 228 and 634; and E.O. 9397 (SSN). Purpose(s): To track the issuance of parking permits and decals and to provide a record of individuals who have registered a vehicle. In addition, to manage and enforce parking lot regulations, to assist employees with respect to vehicle abuse and stolen vehicles, provide carpool assistance, assure availability of adequate transportation and parking facilities and other related matters. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: To commercial or private transportation entities where the individuals have indicated a desire to use or join a multiple-user transportation arrangement. Selected individual data limited to name, address and telephone number may be made available. To contractor employees to make determinations as noted in the purposes above. The ‘Blanket Routine Uses’ set forth at the beginning of the NSA/CSS' compilation of systems of records notices apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Buildings are secured by a series of guarded pedestrian gates and checkpoints. Access to facilities is limited to security-cleared personnel and escorted visitors only. Within the facilities themselves, access to paper and computer printouts are controlled by limited-access facilities and lockable containers. Access to electronic means is limited and controlled by computer password protection. Retrievability: By name, motor vehicle identifier, and Social Security Number (SSN). Safeguards: For paper, cards and computer listings—Secure limited access facilities, within those facilities secure limited access rooms and within those rooms lockable containers as appropriate. Access is limited to authorized users. For machine records stored on magnetic tape, disk or other computer storage media within the computer processing area—additional secure limited access facilities, specific processing requests accepted from authorized persons only, specific authority to access stored records and delivery granted to authorized persons only. Retention and disposal: Maintained for two years, then destroyed. Destruction by pulping, burning, shredding, or erasure of magnetic media. System manager(s) and address: Chief, Commuter & Motor Fleet Services, National Security Agency/Central Security Service, Ft. George G. Meade, MD 20755-6000. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the National Security Agency/Central Security Service, Freedom of Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. Meade, MD 20755-6000. Individuals should provide their full name, current address, telephone number, and signature. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the National Security Agency/Central Security Service, Freedom of Information Act/Privacy Act Office, 9800 Savage Road, Ft. George G. Meade, MD 20755-6000. Individuals should provide their full name, current address, telephone number, and signature. Contesting record procedures: The NSA/CSS rules for contesting contents and appealing initial determinations are published at 32 CFR part 322 or may be obtained by written request addressed to the Chief, Office of Policy, National Security Agency/Central Security Service, Ft. George G. Meade, MD 20755-6000. Record source categories: Data provided by individuals, authorities in charge of parking facilities, local civil and military law enforcement entities and other related sources as appropriate and required. Exemptions claimed for the system: Information specifically authorized to be classified under E.O. 12958 may be exempt pursuant to 5 U.S.C. 552a(k)(1). An exemption rule for this record system has been promulgated according to the requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 322. For additional information contact the system manager. [FR Doc. E8-17020 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0028] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to delete five System of Records Notices. SUMMARY: The Department of the Army is deleting five system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed actions will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Army, Records Management and Declassification Agency, Privacy Division, 7701 Telegraph Road, Alexandria, VA 22315. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The Department of Army proposes to five delete system of records notices from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of new or altered systems reports. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0190-30 DAMO SYSTEM NAME: Military Police Investigator Certification Files (February 22, 1993, 58 FR 10002). REASON: Commanders can no longer certify personnel to perform military police investigations. The military police investigations regulation requires all personnel performing investigations to be trained at the U.S. Army Military Police School at Fort Leonard Wood, Missouri. A0210-60 SAFM SYSTEM NAME: Check Cashing Privilege Files (February 22, 1993, 58 FR 10002). REASON: These files are covered under system of records notice AAFES 0702.22, System name: Check-Cashing Privilege Files (August 9, 1996, 61 FR 41585). A0037-202 SAFM SYSTEM NAME: FHA Mortgage Payment Insurance Files (February 22, 1993, 58 FR 10002). REASON: FHA Mortgage Insurance system is no longer an active program. A0360 SAIS SYSTEM NAME: Mailing List for Army Newspapers/Periodicals/Catalogs (February 22, 1993, 58 FR 10002). REASON: These types of records are no longer monitored or maintained. A0215-1a SAFM SYSTEM NAME: Nonappropriated Funds Central Payroll System (NAFCPS) (February 22, 1993, 58 FR 10002). REASON: These are records are now covered under System of Records Notice T7206, Nonappropriated Funds Central Payroll System (NAFCPS) (June 24, 2008, 73 FR 35669). [FR Doc. E8-17027 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0032] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0351-1a TRADOC System name: Automated Instructional Management System-Redesign (AIMS-R) (October 16, 2000, 65 FR 61150). Changes: Change system ID to A0350-1a TRADOC. System name: Delete entry and replace with “Resident Individual Training Management System (RTIMS)” System location: Delete entry and replace with “Headquarters, Training and Doctrine Command (TRADOC); TRADOC Service Schools; and Army Training Centers. Addresses for the above may be obtained from the Commander, U.S. Army Training Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166.” Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 3013, Secretary of the Army; Army Regulation 350-1, Army Training and Leader Development; and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Paper printouts and electronic storage media.” Retrievability: Retrieved by Social Security Number and course/class number. Notification procedure: Delete entry and replace with “Individuals seeking to determine if information about themselves is contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide the full name, Social Security Number, and military status or other information verifiable from the record itself.” Record access procedures: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide the full name, Social Security Number, and military status or other information verifiable from the record itself.” A0350-1a TRADOC System name: Resident Individual Training Management System (RTIMS) System location: Headquarters, Training and Doctrine Command (TRADOC); TRADOC Service Schools; and Army Training Centers. Addresses for the above may be obtained from the Commander, U.S. Army Training Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Categories of individuals covered by the system: Military members of the Army, Navy, Marine Corps, and Air Force, and civilians employed by the U.S. Government, and approved foreign military personnel enrolled in a resident course at a U.S. Army service school. Categories of records in the system: Course data to include scheduling, testing, academic, graduation, personnel and attrition data. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army; Army Regulation 350-1, Army Training and Leader Development; and E.O. 9397 (SSN). Purpose(s): To automate those processes associated with the scheduling, management, testing, and tracking of resident student training. This TRADOC standard management system is composed of several subsystems which perform functions for personnel, student load management, academic records management, test creation, scoring and grading, student critique, resource scheduling and utilization, and query. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper printouts and electronic storage media. Retrievability: Retrieved by Social Security Number and course/class number. Safeguards: Access to system is restricted to authorized personnel only with sign-on and password authorization. Retention and disposal: Records are maintained for 40 years then destroyed. However, records on extension courses are maintained for 3 years in current file area, transferred to the records holding area for 2 years then finally retired to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. System manager(s) and address: Commander, U.S. Army Training Support Center, Privacy Act Officer, 667 Monroe Avenue, Fort Eustis, VA 26604. Notification procedure: Individuals seeking to determine if information about themselves is contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide the full name, Social Security Number, and military status or other information verifiable from the record itself. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide the full name, Social Security Number, and military status or other information verifiable from the record itself. Contesting record procedures: The Army's rules for accessing records, contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: Information is received from the individual, DoD staff, Personnel and Training systems, and faculty. Exemptions claimed for the system: None. [FR Doc. E8-17028 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0030] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings OSD Federal Register Liaison Officer, Department of Defense. A0614-100/200 SAIG SYSTEM NAME: Inspector General Personnel System (February 22, 1993, 58 FR 10002). CHANGES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with “10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 3020, Inspector General; Army Regulation 20-1, Inspector General Activities and Procedures and E.O. 9397 (SSN).” STORAGE: Delete entry and replace with “Paper files in folders and electronic storage media.” A0614-100/200 SAIG SYSTEM NAME: Inspector General Personnel System. SYSTEM LOCATION: U.S. Army Inspector General Agency, Headquarters, Department of the Army, 1700 Army Pentagon, Washington, DC 20310-1700. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Any person assigned and/or detailed to the Offices of Inspectors General/Inspector General positions in Department of the Army and certain Department of Defense and Joint activities. CATEGORIES OF RECORDS IN THE SYSTEM: Name, rank/grade, Social Security Number, education, duty position, organization of assignment, date assigned, estimated departure date, job specialty, and relevant career data. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 3020, Inspector General; Army Regulation 20-1, Inspector General Activities and Procedures and E.O. 9397 (SSN). PURPOSE(S): To manage assignment of members to Inspector General duties. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper files in folders and electronic storage media. RETRIEVABILITY: By individual's name or Social Security Number. SAFEGUARDS: Files are stored in locked containers accessible only to authorized persons with an official need-to-know. Computer data base access is limited by terminal control and a password system to authorized persons with an official need-to-know. RETENTION AND DISPOSAL: Information is retained until individual transfers or is separated; historical data remain in automated media for 4 years. SYSTEM MANAGER(S) AND ADDRESS: Office of the Inspector General, Headquarters, Department of the Army, 1700 Army Pentagon, Washington, DC 20310-1700. NOTIFICATION PROCEDURE: Individuals seeking to determine if information about themselves is contained in this record system should address written inquiries to the Office of the Inspector General, Headquarters, Department of the Army, 1700 Army Pentagon, Washington, DC 20310-1700. Individual should provide the full name, address, telephone number, Social Security Number, and signature. RECORD ACCESS PROCEDURES: Individuals seeking access to records about themselves contained in this record system should address written inquiries to the Office of the Inspector General, Headquarters, Department of the Army, 1700 Army Pentagon, Washington, DC 20310-1700. Individual should provide the full name, address, telephone number, Social Security Number, and signature. CONTESTING RECORD PROCEDURES: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: From the individual, Army records and reports, and other sources providing or containing pertinent information. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-17029 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0025] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Add a System of Records. SUMMARY: The Department of the Army is proposing to add a system of records to its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The proposed action will be effective on August 25, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on July 17, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals’, dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0500-3 DCS System name: Army Disaster Personnel Accountability and Assessment Records (ADPAAS). System location: Space and Naval Warfare Systems Center, 53560 Hull Street, San Diego, CA 92152-5001. Categories of individuals covered by the system: Army personnel (Military, Civilian, and National Guard) and their family's who are involved in a natural or other man-made disaster; catastrophic event; or in support of the Global War on Terrorism. Categories of records in the system: ADPAAS Personnel Accountability and Needs Assessment Survey information that includes name; home and duty stations addresses; Social Security Number (SSN); home, business, and cell telephone numbers; military/civilian status; date of birth; Unit Identification Code (UIC); Electronic Data Interchange—Personal Identifier (EDI-PI); date of last contact; insurance company; Federal Emergency Management Agency
(FEMA)Number; e-mail address; dependent information; travel orders/vouchers; assessment date; needs assessment information; type of event; category classification; and related information. Authority for maintenance of the system: 10 U.S.C. 5013, Secretary of the Army; DoD Instruction 3001.02, Personnel Accountability in Conjunction With Natural or Man-made Disasters; Army Regulation 500-3, U.S. Army Continuity of Operations Program Policy and Planning; and E.O. 9397 (SSN). Purpose(s): To assess disaster-related needs ( *i.e.* , status of family members, housing, medical, financial assistance, employment, pay and benefits, transportation, child care, pastoral care/counseling, and general legal matters) of Army personnel (Military, Civilian, and National Guard) and their family who have been involved in a natural, man-made major disaster or catastrophic event. To continue to maintain contact with the family members to ensure they receive all necessary support/assistance. In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD “Blanket Routine Uses” set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: Name, Social Security Number
(SSN)and date of birth. Safeguards: Password controlled system, file, and element access is based on predefined need-to-know. Physical access to terminals, terminal rooms, buildings and activities' grounds are controlled by locked terminals and rooms, guards, personnel screening and visitor registers. Retention and disposal: Event and recovery assistance records are destroyed two years after all actions are completed. System manager(s) and address: Deputy Chief of Staff, HQDA G-1, ATTN: DAPE-MPZ-PC, 300 Army Pentagon, Washington, DC 20310-0400. Notification procedure: Individuals seeking to determine whether this system of records contains information about themselves should address written inquiries to the Deputy Chief Staff, HQDA G-1, ATTN: HQDA DAPE-MPZ-PC, 300 Army Pentagon, Washington, DC 20310-0400. The request should include individual's full name, Social Security Number (SSN), address, date of birth, and signature. Record access procedures: Individuals seeking access to records about themselves contained in this system of records should address written inquiries to the Deputy Chief Staff, HQDA G-1, ATTN: HQDA DAPE-MPZ-PC, 300 Army Pentagon, Washington, DC 20310-0400. The request should include individual's full name, Social Security Number (SSN), address, date of birth, and signature. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: Individual; personnel files; Needs Assessment Survey; Defense Manpower Data Center; and command personnel. Exemptions claimed for the system: None. [FR Doc. E8-17030 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0042] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Add a System of Records. SUMMARY: The Department of the Army is proposing to add a system of records to its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The proposed action will be effective on August 25, 2008 unless comments are received that would result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on July 18, 2008, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget
(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals’, dated February 8, 1996 (February 20, 1996, 61 FR 6427). Dated: July 18, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0001-100 OAA System Name: Army Gift Donation Program. System location: Headquarters, Department of the Army, staff and field operating agencies, major commands, installations and activities receiving gifts and donations pursuant to the Army's gift donation program. Official mailing addresses are published as an appendix to the Army's compilation of record system notices. Categories of individuals covered by the system: Individuals, corporations or agencies that submit donations and gifts to the Army and soldier and family programs. Such programs include the Soldier and Family Assistance Centers, Family Readiness Groups, Child, Youth and Schools' Programs, Soldier and Recreation Programs, and Social Entertainment Programs. Categories of records in the system: Individual's name, address, E-mail address, donation amount, type of gift, intended recipient, credit card information such as account number, card security code and expiration date, bank account numbers, affiliation with private organization or company, and disposition of gift or donation. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army; 26 U.S.C. 6041, Information at Source; 10 U.S.C. 2601, Acceptance of Gifts and Services; 10 U.S.C. 2608, Acceptance of Gifts and Services; DoD Financial Management Regulation 7000.14-R, Operation and Use of General Gift Funds of the Department of Defense and Coast Guard; AR 1-100, Gifts and Donations; AR 1-101, Gifts for Distribution to Individuals; and AR 870-20, Army Museums, Historical Artifacts, and Art. Purpose(s): To approve and facilitate the receipt of gifts and donations to the Army from individuals, corporations or agencies. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD “Blanket Routine Uses” set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media and paper files. Retrievability: Individual's name. Safeguards: Records are kept in datacenter facilities that are secured 24 hours a day with restricted access. Data access is restricted to specific individuals with a business need-to-know or having an official need therefore. Additionally, all applicable Information Assurance controls are in place to ensure security of the information and non-repudiation. Retention and disposal: Disposition pending (until the National Archives and Records Administration has approved retention and disposition of these records, treat as permanent). System managers(s) and address: Office of the Administrative Assistant to the Secretary of the Army, ATTN: Army Gift Program, 105 Army Pentagon, Room 3E585, Washington, DC 20310-0105. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Army activity to which the gift or donation was submitted. If unsure you may submit to Office of the Administrative Assistant to the Secretary of the Army, ATTN: Army Gift Program, 105 Army Pentagon, 3E585, Washington, DC 20310-0105. Individuals or organization must provide name, proof of identification, and details such as the date, amount and designated activity regarding the donation or gift. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Army activity to which the gift or donation was submitted. If unsure you may submit to Office of the Administrative Assistant to the Secretary of the Army, ATTN: Army Gift Program, 105 Army Pentagon, 3E585, Washington, DC 20310-0105. Individuals or organization must provide name, proof of identification, and details such as the date, amount and designated activity regarding the donation or gift. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 DFR part 505; or may be obtained from the system manager. Record source categories: From the individual and from DoD and Army activities. Exemptions claimed for the system: None. [FR Doc. E8-17032 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0035] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008, unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0165-1b DACH System name: Chaplain Privileged Counseling/Interview Communication Cases (February 22, 1993, 58 FR 10002). Changes: System location: Army installations. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices. Authority for maintenance of the system: Delete entry and replace with “5 U.S.C. 3013, Secretary of the Army; 5 U.S.C. 301, Departmental Regulations; Army Regulation 165-1, Chaplain Activities in the United States Army and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Paper records in locked file cabinets and electronic storage media.” System manager(s) and address: Delete entry and replace with “The Chief of Chaplains, 2511 Jefferson Davey Highway, Suite 12500, Arlington, VA 22202-3907.” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to The Chief of Chaplains, 2511 Jefferson Davey Highway, Suite 12500, Arlington, VA 22202-3907 or the Chaplain at the Army installation where counseling or interview occurred. Individual should provide their full name, present address and telephone number, and signature.” Record access procedures: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system should address written inquiries to The Chief of Chaplains, 2511 Jefferson Davey Highway, Suite 12500, Arlington, VA 22202-3907 or the Chaplain at the Army installation where counseling or interview occurred. Individual should provide their full name, present address and telephone number, and signature.” A0165-1b DACH System name: Chaplain Privileged Counseling/Interview Communication Cases. System location: Army installations. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices. Categories of individuals covered by the system: Army members, their dependents and other individuals who have received pastoral counseling from Army chaplains. Categories of records in the system: Memoranda and/or documents resulting from counseling or interview sessions between a chaplain and an individual. Authority for maintenance of the system: 5 U.S.C. 3013, Secretary of the Army; 5 U.S.C. 301, Departmental Regulations; Army Regulation 165-1, Chaplain Activities in the United States Army and E.O. 9397 (SSN). Purpose(s): To document privileged counseling/interview sessions between Army chaplains and individuals. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in locked file cabinets and electronic storage media. Retrievability: By individual's surname. Safeguards: Information is stored in locked cabinets or desks, and is accessible only to the chaplain maintaining the record. Retention and disposal: Retained for 2 years after the individual case is closed; then destroyed by shredding. System manager(s) and address: The Chief of Chaplains, 2511 Jefferson Davey Highway, Suite 12500, Arlington, VA 22202-3907. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to The Chief of Chaplains, 2511 Jefferson Davey Highway, Suite 12500, Arlington, VA 22202-3907 or the Chaplain at the Army installation where counseling or interview occurred. Individual should provide their full name, present address and telephone number, and signature. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to The Chief of Chaplains, 2511 Jefferson Davey Highway, Suite 12500, Arlington, VA 22202-3907 or the Chaplain at the Army installation where counseling or interview occurred. Individual should provide their full name, present address and telephone number, and signature. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From the individual. Exemptions claimed for the system: None. [FR Doc. E8-17008 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0034] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0056-9 TRADOC System name: Marine Qualification Records (October 16, 2000, 65 FR 61150). Changes: System location: Delete entry and replace with “Director, Office of the Chief of Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407.” Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 3013, Secretary of the Army; Army Regulation 56-9, Watercraft; and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Paper records in file folders and electronic storage media.” Safeguards: Delete entry and replace with “Records are maintained in locked file cabinets in a secure building and are accessible only to authorized personnel.” System manager(s) and address: Delete entry and replace with “Director, Office of the Chief Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407.” Notification procedure: Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Director, Office of the Chief Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407. Individual should furnish name, Social Security Number, address and enough pertinent details that will facilitate locating the information. Request must be signed.” Record access procedures: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system should address written inquiries to the Director, Office of the Chief Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407. Individual should furnish name, Social Security Number, address and enough pertinent details that will facilitate locating the information. Request must be signed.” A0056-9 TRADOC System name: Marine Qualification Records. System location: Director, Office of the Chief of Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407. Categories of individuals covered by the system: Military and civilian employees of the Army. Categories of records in the system: Marine Service Record (DA Form 3068-1), individual's request for examination, test results, character and suitability statements, physical qualification reports, experience qualifications and evaluations, commander's recommendation, Marine Qualification Board recommendation and final action thereon, U.S. Army Marine Licenses (DA Forms 4309 and 4309-1), and similar relevant documents. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army; Army Regulation 56-9, Watercraft; and E.O. 9397 (SSN). Purpose(s): To evaluate and recommend appropriate action concerning the issuance, denial, suspension, or revocation of U.S. Army Marine Licenses; to award certification to individuals passing the marine qualification examination; to monitor test content and procedures to ensure that tests are valid and current; to award Special Qualification Identifiers to appointed Marine Qualification Field Examiners; to review marine casualty reports, incident reports, and investigations to re-evaluate qualifications of persons involved; and to maintain Marine Service Records. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The U.S. Coast Guard, Department of Transportation may be furnished information concerning certification and licensing of individuals. The DoD `Blanket Routine Uses' set forth at the beginning of the Army's compilation of system of record notices apply to this record system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders and electronic storage media. Retrievability: By individual's surname and Social Security Number. Safeguards: Records are maintained in locked file cabinets in a secure building and are accessible only to authorized personnel. Retention and disposal: DA Form 3068-1 and related records are maintained for 40 years then destroyed. Registers are destroyed 40 years after the date of the last entry in the register. System manager(s) and address: Director, Office of the Chief Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Director, Office of the Chief Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407. Individual should furnish name, Social Security Number, address and enough pertinent details that will facilitate locating the information. Request must be signed. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Director, Office of the Chief Transportation, 705 Read Street, Room 231, Fort Eustis, VA 23604-5407. Individual should furnish name, Social Security Number, address and enough pertinent details that will facilitate locating the information. Request must be signed. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From the individual, military and civilian personnel records and reports, civilian maritime records, U.S. Coast Guard, commanders and vessel masters, and other appropriate sources able to furnish relevant information. Exemptions claimed for the system: None. [FR Doc. E8-17009 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0033] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0351b TRADOC System name: Army Correspondence Course Program
(ACCP)(December 1, 2000, 65 FR 75252). Changes: System location: Delete entry and replace with “Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166.” Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 3013, Secretary of the Army; AR 350-10, Management of Army Individual Training Requirements and Resources; and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Electronic Storage Media.” Retention and disposal: Student records indicating courses attended, course length, extent of completion, results, aptitudes and personal qualities, grade, rating attained and related information destroy after 40 years. Cut off annually. Records of extension courses, however, will be held for 3 years in current file area and 2 years in records holding area before retirement to National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Notification procedure: Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide full name, Social Security Number, and signature for identification. Individual making request in person must provide acceptable identification such as driver's license and military identification.” Record access procedures: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide full name, Social Security Number, and signature for identification. Individual making request in person must provide acceptable identification such as driver's license and military identification.” A0351b TRADOC System name: Army Correspondence Course Program (ACCP). System location: Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Categories of individuals covered by the system: Members of the Army, Navy, Marine Corps, and Air Force, Reserve Officer Training Corps and National Defense Cadet Corps students, Department of Defense civilian employees, and approved foreign military personnel enrolled in a non-resident course administered by the Army Institute for Professional Development. Categories of records in the system: Files contain name, grade/rank, Social Security Number, address, service component, branch, personnel classification, military occupational specialty, credit hours accumulated, examination and lesson grades, student academic status, curricula, course description. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army; AR 350-10, Management of Army Individual Training Requirements and Resources; and E.O. 9397 (SSN). Purpose(s): To record lessons and/or exam grades; maintain student academic status; course and subcourse descriptions; produce course completion certificates and reflect credit hours earned; and produce management summary reports. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Electronic storage media. Retrievability: By name and Social Security Number. Safeguards: Use of individual user identification and passwords are required to access the system. Access is granted to designated personnel at the Army Institute for Professional Development responsible for the administration and processing of non-resident students. Access is also granted to students and former students for the purpose of enrolling, testing, monitoring status, and reviewing academic history. Retention and disposal: Student records indicating courses attended, course length, extent of completion, results, aptitudes and personal qualities, grade, rating attained, and related information destroy after 40 years. Cut off annually. Records of extension courses, however, will be held for 3 years in current file area and 2 years in records holding area before retirement to National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. System manager(s) and address: Commander, Army Training Support Center, 667 Monroe Avenue, Fort Eustis, VA 23604-5040. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide full name, Social Security Number, and signature for identification. Individual making request in person must provide acceptable identification such as driver's license and military identification. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Commander, U.S. Army Training Support Center, 3308 Wilson Avenue, Fort Eustis, VA 23604-5166. Individual should provide full name, Social Security Number, and signature for identification. Individual making request in person must provide acceptable identification such as driver's license and military identification. Contesting record procedures: The Army's rules for accessing records, contesting content, and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From individual upon enrollment, from class records and instructors, and from graded examinations. Exemptions claimed for the system: None. [FR Doc. E8-17011 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0041] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0190-9 DAMO System name: Absentee Case Files (March 4, 2002, 67 FR 9718). Changes: Change System Identifier to “A0190-9 OPMG”. A0190-9 OPMG System Name: Absentee Case Files. System location: U.S. Army Personnel Control Facility, U.S. Army Desert Information Point, Building 1481, Fort Knox, KY 40121-5000. Categories of individuals covered by the system: Active duty Army, U.S. Army Reserve on active duty or in active duty training status, and Army National Guard personnel on active duty, absent without authority from their place of duty, listed as absentee, and/or who have been designated as a deserter. Categories of records in the system: Individual's name, Social Security Number, grade, reports and records which document the individual's absence; notice of unauthorized absence from U.S. Army which constitutes the warrant for arrest; notice of return to military control or continued absence in hands of civil authorities. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army, Army Regulation 190-9, Absentee Deserter Apprehension Program and Surrender of Military Personnel to Civilian Law Enforcement Agencies; Army Regulation 630-10, Absence Without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings; and E.O. 9397 (SSN). Purpose(s): To enter data in the FBI National Crime Information Center ‘wanted person’ file; to ensure apprehension actions are initiated/terminated promptly and accurately; and to serve management purposes through examining causes of absenteeism and developing programs to deter unauthorized absences. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: Information may be disclosed to the Department of Veterans Affairs for assistance in determining whereabouts of Army deserters through the Veterans and Beneficiaries Identification and Records Locator Subsystem. The DoD ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper documents and the record copy of the Arrest Warrant are maintained in the Official Military Personnel Files; verified desertion data are stored on the Deserter Verification Information System at the U.S. Army Deserter Information Point. Retrievability: Manually, by name; automated records are retrieved by name, plus any numeric identifier such as date of birth, Social Security Number, or Army serial number. Safeguards: Access is limited to authorized individuals having a need-to-know. Records are stored in facilities manned 24 hours, 7 days a week. Additional controls which meet the physical, administrative, and technical safeguard requirements of Army Regulation 380-19, Information Systems Security, are in effect. Retention and disposal: Automated records are erased when individual returns to military custody, is discharged, or dies. Paper or microform records remain a permanent part of the individual's Official Military Personnel File. System manager(s) and address: Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the U.S. Army Deserter Information Point, U.S. Army Enlisted Records Center, Indianapolis, IN 42649-5301. Individual should provide the full name, Social Security Number and/or Army serial number, address, telephone number and signature. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the U.S. Army Deserter Information Point, U.S. Army Enlisted Records Center, Indianapolis, IN 46249-5301. Individual should provide the full name, Social Security Number and/or Army serial number, address, telephone number and signature. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: Unit commander, first sergeants, subjects, witnesses, military police, U.S. Army Criminal Investigation Command personnel and special agents, informants, Department of Defense, federal, state, and local investigative and law enforcement agencies, departments or agencies of foreign governments, and any other individuals or organizations which may furnish pertinent information. Exemptions claimed for the system: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principle function any activity pertaining to the enforcement of criminal laws. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. E8-17013 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0026] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008, unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0190-14 DAMO System name: Registration and Permit Files (February 22, 1993, 58 FR 10002). Changes: Change System Identifier to “A0190-14 OPMG”. Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 3013, Department of the Army; Army Regulation 190-14, Carrying of Firearms and Use of Force for Law Enforcement Security Duties; and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Paper records in file folders and electronic storage media”. A0190-14 OPMG System name: Registration and Permit Files (February 22, 1993, 58 FR 10002). System location: Army installations. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices. Categories of individuals covered by the system: Any citizen registering restricted items of property on a military installation or desiring to engage in restricted activities on a military installation. Items/activities include but are not limited to privately owned firearms/weapons, pets and hunting and fishing. Categories of records in the system: Registration form for items of restricted property; permit application for restricted activities. Authority for maintenance of the system: 10 U.S.C. 3013, Department of the Army; Army Regulation 190-14, Carrying of Firearms and Use of Force for Law Enforcement Security Duties; and E.O. 9397 (SSN). Purpose(s): To assist the commander in carrying out effective law enforcement, troop safety, and crime prevention programs. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: Information is furnished to criminal justice elements outside the Department of Defense for investigation and prosecution when such cases fall within their jurisdiction or concurrent jurisdiction is applicable. These include: Federal Bureau of Investigation; U.S. Customs Services; Bureau of Alcohol, Tobacco and Firearms; U.S. District Courts; U.S. Magistrates; state and local law enforcement, wildlife conservation and public health agencies; and, in overseas areas, host government law enforcement agencies. The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders and electronic storage media. Retrievability: By individual's surname. Safeguards: Only authorized personnel have access to files. Physical security measures include locked containers/storage areas, controlled personnel access, and continuous presence of authorized personnel. Retention and disposal: Destroyed upon removal of the restricted property from the military installation or upon expiration of the permit. System manager(s) and address: Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Individual should provide the full name, Social Security Number, and other information verifiable from the record itself. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Individual should provide the full name, Social Security Number, and other information verifiable from the record itself. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: Any citizen desiring/required to register firearms/weapons, pets, etc. that will be maintained within or desiring to hunt/fish within the confines of any Army installation. Exemptions claimed for the system: Parts of this system may be exempt under 5 U.S.C. 552a(k)(2), as applicable. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. E8-17014 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0040] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0190-40 DAMO System name: Serious Incident Reporting Files (February 22, 1993, 58 FR 10002). Changes: Change System Identifier to “A0190-45b OPMG”. Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 3013; Secretary of the Army; AR 190-45, Law Enforcement Reporting and E.O. 9397 (SSN).” A0190-45b DAMO System name: Serious Incident Reporting Files. System location: Primary location: Office of the Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Segments are maintained at the installation initiating the report and at the respective major Army command. Categories of individuals covered by the system: Any citizen identified as the subject or victim of a serious incident reportable to Department of the Army in accordance with Army Regulation 190-40, Serious Incident Report. This includes in general any criminal act or other incident which, because of its sensitivity or nature, publicity or other considerations should be brought to the attention of Headquarters, Department of the Army. Categories of records in the system: Records include the initial report of the incident plus any supplemental reports, including reports of final adjudication. Authority for maintenance of the system: 10 U.S.C. 3013; Secretary of the Army; AR 190-45, Law Enforcement Reporting and E.O. 9397 (SSN). Purpose(s): To provide the military chain of command with timely information regarding serious incidents to permit a valid early determination of possible implication; to provide an early indication of acts or conditions which may have widespread adverse publicity; to provide a means of analysis of crime and conditions conducive to crime on which to base crime prevention policies and programs; and to meet the general needs of Department of the Army staff agencies for information regarding selected incidents which impact on their respective areas of responsibility. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders. Retrievability: By individual's name, Social Security Number, and installation number. Safeguards: Buildings employ security guards and control access. Distribution and access to files are based on strict need-to-know. Records are contained in locked safes when not under personal supervision of authorized personnel. Retention and disposal: Destroyed 1 year after final report is completed. System manager(s) and address: Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Deputy Chief of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Individual should provide the full name, Social Security Number, current address and telephone number, other information verifiable from the record itself, and signature. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Deputy of Staff for Operations and Plans, ATTN: DAMO-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Individual should provide the full name, Social Security Number, current address and telephone number, other information verifiable from the record itself, and signature. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: Subjects, witnesses, victims, military police and U.S. Army Criminal Investigation Command personnel and special agents, informants, various Department of Defense, federal, state and local investigative and law enforcement agencies, departments or agencies of foreign governments, and any other individuals or organizations which may supply pertinent information. Exemptions claimed for the system: Parts of this system may be exempt under 5 U.S.C. 552a(j)(2), as applicable. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. E8-17015 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0029] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0351-17a USMA System name: U.S. Military Academy Candidate Files (February 22, 1993, 58 FR 10002). Changes: Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 4331, Establishment; Superintendent; faculty; 10 U.S.C. 4332, Departments and Professors: Titles; 10 U.S.C. 4334, Command and Supervision; Army Regulation 351-17, U.S. Military Academy and U.S. Military Academy Preparation School Admissions Program; and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Paper records in file folders and electronic storage media.” Retrievability: By candidate's surname; by source of nomination, current status, and special categories. Retention and disposal: Delete entry and replace with “For accepted candidates, records become part of the Cadet's Personnel Record. Records on candidates not accepted for admission are destroyed either on expiration of age eligibility or after 3 years, whichever is later.” A0351-17a USMA System name: U.S. Military Academy Candidate Files. System location: U.S. Military Academy, West Point, NY 10996-1797. Categories of individuals covered by the system: Potential and actual candidates for entrance to the U.S. Military Academy for the current and previous 2 years. Categories of records in the system: Entrance examination results, Personal Data Record (DD Form 1867), Candidate Activities Report (DD Form 1868), Prospective Candidate Questionnaire (DD Form 1908), Interview Sheets, School Official's Evaluation (DD Form 1869), Employer's Evaluation of Candidate, Scholastic Aptitude Examination scores, American College Testing Program Scores, High School and College/University transcripts, physical aptitude examination, Candidate Summary Sheets, Nominating Letter, naturalization or adoption papers, birth certificate, Oath 50950, special orders, all correspondence to/from and about candidate. Authority for maintenance of the system: 10 U.S.C. 4331, Establishment; Superintendent; faculty; 10 U.S.C. 4332, Departments and Professors: Titles; 10 U.S.C. 4334, Command and Supervision; Army Regulation 351-17, U.S. Military Academy and U.S. Military Academy Preparation School Admissions Program; and E.O. 9397 (SSN). Purpose(s): To evaluate a candidate's academic, leadership, and physical aptitude potential for the U.S. Military Academy, to conduct management studies of admissions criteria and procedures. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: Information may be disclosed to Members of Congress to assist them in nominating candidates. The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders and electronic storage media. Retrievability: By candidate's surname; by source of nomination, current status, and special categories. Safeguards: All information is stored in locked rooms with restricted access to authorized personnel. Automated data are further protected by a user identification and password convention. Retention and disposal: For accepted candidates, records become part of the Cadet's Personnel Record. Records on candidates not accepted for admission are destroyed either on expiration of age eligibility or after 3 years, whichever is later. System manager(s) and address: Superintendent, U.S. Military Academy, West Point, NY 10996-1797. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Superintendent, U.S. Military Academy, West Point, NY 10996-1797. Individual should provide the full name, current address, year of application, source of nomination, and signature. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Superintendent, U.S. Military Academy, West Point, NY 10996-1797. Individual should provide the full name, current address, year of application, source of nomination, and signature. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From the individual, Members of Congress, school transcripts, evaluations from former employer(s), medical reports/physical examination results, U.S. Military Academy faculty evaluations, American College Testing Service, Educational Testing Service, and similar relevant documents. Exemptions claimed for the system: Parts of this system may be exempt under 5 U.S.C. 552a(k)(5), (k)(6), or (k)(7), as applicable. An exemption rule for this record system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. E8-17016 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0039] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0190-45a DAMO System name: Local Criminal Intelligence Files (March 21, 2002, 67 FR 13128). Changes: Change System Identifier to “A0190-45a OPMG”. A0190-45a OPMG System location: At all designated Army commands, installations and activities. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices. Categories of individuals covered by the system: Any individual suspected or involved in criminal activity directed against or involving the United States Army. Categories of records in the system: Reports and supporting documents of criminal activity directed against or involving the U.S. Army. Information includes subject's name, aliases, addresses, phone number, date of birth, source of investigation, risk analysis, reports, threat assessments, retention control sheets, victims' names, names of informants, names of law enforcement officers and investigators, and subject's group affiliations, if any. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army; Army Regulation 380-13, Acquisition and Storage of Information Concerning Non-Affiliated Persons and Organizations; Army Regulation 190-45, Law Enforcement Reporting; Army Regulation 195-2, Criminal Investigation Activities; and E.O. 9397 (SSN). Purpose(s): To enable designated Army officials, commanders, or civil criminal justice agencies to meet their responsibilities maintaining law and order through investigation and possible judicial action. To identify individuals in an effort to anticipate, prevent or monitor possible criminal activity directed against or involving the U.S. Army. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders; magnetic tape/disc, and on electronic storage media. Retrievability: By individual's name, Social Security Number, and/or date of birth. Safeguards: Only authorized personnel have access to files. Physical security measures include locked containers/storage areas, controlled personnel access, and continuous presence of authorized personnel. Retention and disposal: Criminal intelligence reports and cross-index cards belonging to the Headquarters, Criminal Investigation Division, are maintained in the current file area and are destroyed when no longer needed, except for reports of current operational value. These reports are reviewed yearly for continued retention, not to exceed 20 years, and then destroyed. The records maintained at the Regional Headquarters are destroyed after 5 years. Records maintained at District field office and elements designated by region commanders are destroyed after 3 years or when no longer needed. System manager(s) and address: Deputy Chief of Staff for Operations and Plans, Military Operations, 400 Army Pentagon, Washington, DC 20310-0400. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Deputy Chief of Staff for Operations and Plans, Military Operations, 400 Army Pentagon, Washington, DC 20310-0400. Individual should provide their full name, Social Security Number, date of birth, and address. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Deputy Chief of Staff for Operations and Plans, Military Operations, 400 Army Pentagon, Washington, DC 20310-0400. Individual should provide their full name, Social Security Number, date of birth, and address. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: Subjects, witnesses, victims, Military Police and U.S. Army Criminal Investigation Command personnel and special agents, informants, various Department of Defense, federal, state and local investigative and law enforcement agencies, departments or agencies of foreign governments, and any other individuals or organizations which may supply pertinent information. Exemptions claimed for the system: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. E8-17017 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0038] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Send comments to the Department of the Army, PA/FOIA Division, 7701 Telegraph Road, Alexandria, VA 22315. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0601-210b USAREC SYSTEM NAME: Recruiter Impropriety Case Files (February 22, 1993, 58 FR 10002). CHANGES: Change system ID to “A0601-210b TRADOC”. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Delete entry and replace with “10 U.S.C. 3013, Departmental Regulations; AR 601-210, Active and Reserve Components Enlisted Program and E.O. 9397 (SSN).” STORAGE: Delete entry and replace with “Paper records in file cabinets and electronic storage media.” RETRIEVABILITY: Delete entry and replace with “By surname.” SAFEGUARDS: Correct spelling of therefor to “therefore”. SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with “Commander, U.S. Army Recruiting Command, Fort Knox, KY 40121-2725.” NOTIFICATION PROCEDURE: Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commander, U.S. Army Recruiting Command, ATTN: Director, Personnel, Administration and Logistics, Building 1307, 3rd Avenue, Fort Knox, KY 40121-2725. Requests should contain full name, address, telephone number, military status, and sufficient details concerning the event or incident to permit locating the records. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If an unsworn declaration is executed within the United States, its territories, possessions, or commonwealths, it shall read “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).” If an unsworn declaration is executed outside the United States, it shall read “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” RECORD ACCESS PROCEDURES: Delete entry and replace with “Individuals seeking access to information about themselves contained in this system should address written inquiries to the Commander, U.S. Army Recruiting Command, ATTN: Director, Personnel, Administration and Logistics, Building 1307, 3rd Avenue, Fort Knox, KY 40121-2726. Requests should contain full name, address, telephone number, military status, and sufficient details concerning the event or incident to permit locating the records. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If an unsworn declaration is executed within the United States, its territories, possessions, or commonwealths, it shall read “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).” If an unsworn declaration is executed outside the United States, it shall read “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” A0601-210b TRADOC SYSTEM NAME: Recruiter Impropriety Case Files. SYSTEM LOCATION: U.S. Army Recruiting Command, Fort Knox, KY 40121-5000. Segments exist at recruiting brigades and divisions, the addresses of which may be obtained from the System Manager. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Recruiters against whom improprieties or irregularities have been alleged. CATEGORIES OF RECORDS IN THE SYSTEM: Recruiter's name, Social Security Number, duty station; report of alleged impropriety or misconduct; report of investigation; findings, recommendations; decisional documents; resultant personnel actions; similar relevant documents. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 3013, Departmental Regulations; AR 601-210, Active and Reserve Components Enlisted Program and E.O. 9397 (SSN). PURPOSE(S): To review recruiter improprieties and determine appropriate and necessary action, including reassignment, MOS reclassification, and/or disciplinary measures. Statistical information is used as a basis for modifying recruiting policies and practices. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records in file cabinets and electronic storage media. RETRIEVABILITY: By surname. SAFEGUARDS: Records are maintained in secured areas accessible only to designated individuals having official need therefore, within buildings protected by security guards. RETENTION AND DISPOSAL: Records at the U.S. Army Recruiting Command are destroyed after 3 years; those at recruiting brigade and division levels are destroyed after 2 years. SYSTEM MANAGER(S) AND ADDRESS: Commander, U.S. Army Recruiting Command, Fort Knox, KY 40121-2725. NOTIFICATION PROCEDURE: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commander, U.S. Army Recruiting Command, ATTN: Director, Personnel, Administration and Logistics, Building 1307, 3rd Avenue, Fort Knox, KY 40121-2725. Requests should contain full name, address and telephone number, military status, sufficient details concerning the event or incident to permit locating the records. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If an unsworn declaration is executed within the United States, its territories, possessions, or commonwealths, it shall read “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).” If an unsworn declaration is executed outside the United States, it shall read “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” RECORD ACCESS PROCEDURES: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Commander, U.S. Army Recruiting Command, ATTN: Director, Personnel, Administration and Logistics, Building 1307, 3rd Avenue, Fort Knox, KY 40121-2726. Requests should contain full name, address and telephone number, military status, sufficient details concerning the event or incident to permit locating the records. In addition, the requester must provide a notarized statement or an unsworn declaration in accordance with 28 U.S.C. 1746, in the following format: If an unsworn declaration is executed within the United States, its territories, possessions, or commonwealths, it shall read “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).” If an unsworn declaration is executed outside the United States, it shall read “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” CONTESTING RECORD PROCEDURES: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. RECORD SOURCE CATEGORIES: From U.S. Army Criminal Investigation Command reports of investigation; other Army records and reports. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-17018 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0037] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0190-5 DAMO System name: Vehicle Registration System
(VRS)(February 22, 1993, 58 FR 10002). Changes: Change System Identifier to “A0190-5 OPMG.” Storage: Delete entry and replace with “Paper records in file folders and electronic storage media.” System Manager: Delete entry and replace with “Deputy Chief of Staff for Personnel, ATTN: OPMG-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440.” A0190-5 OPMG System name: Vehicle Registration System. System location: Decentralized to Army installation which created the vehicle registration/driver record. A cross-reference index in either manual or automated media may exist at intermediate and higher command levels. In addition, information is stored on computer media at the four Army Information Processing Centers located at: Chambersburg, PA 17201-4150; Huntsville, AL 35898-7340; Rock Island, IL 61299-7210; and, St. Louis, MO 63120-1798. Categories of individuals covered by the system: Military personnel (active, reserve, retired), civilian employees, contractor personnel, vendors, visitors. Categories of records in the system: Information contained on the DA Form 3626 may be provided by paper record, the automated VRS, or the automated Vehicle Registration System/Installation Support Module (VRS/ISM). Information entered into the VRS or VRS/ISM from the DA Form 3626 is used to create a master edit file and master registration file. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 3013; Status of Forces Agreement between the United States of America and the host country in which U.S. Forces are located and E.O. 9397 (SSN). Purpose(s): To assist the commander in carrying out effective law enforcement, traffic safety, and crime prevention programs; to ensure compliance with Highway Safety Program Standards (23 U.S.C. 402) applicable to federally administered areas; to provide management data on which to base crime prevention, selective enforcement, and improved driving safety. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: Information in this system may be disclosed to state law enforcement and motor vehicle departments for ascertaining or disclosing driver information and/or accident reports, and, in overseas areas, to the host country as required by the Status of Forces Agreement between the United States of America and the host country. The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders and electronic storage media. Retrievability: By surname/Social Security Number. Safeguards: Information is stored in locked containers or storage areas within buildings which are secured, and the system is accessed by designated persons having an official need for the information. Regional Data Centers are contractor-operated under an Army approved security program. Contractor personnel participate in a security education program under the Regional Data Security Officer. Regional Data Centers are connected through a communications network to data processing centers at Army installations. Technical, physical, and administrative safeguards required by Army Regulation 380-19, Information Systems Security, are enforced at the installation data processing centers. Data are available only to installation personnel responsible for system operation and maintenance. Terminals not in the data processing center are under the supervision of a terminal area security office at each remote location protecting these terminals from unauthorized use. Access to information is also controlled by a system of assigned passwords for authorized users of terminals. Retention and disposal: Destroyed on transfer or separation of parking permit holder, or when permit is superseded or revoked, whichever occurs first. Traffic law enforcement records are destroyed 2 years after closing of the case. System manager(s) and address: Deputy Chief of Staff for Personnel, ATTN: OPMG-ODL, Headquarters, Department of the Army, Washington, DC 20310-0440. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Provost Marshal at the installation where vehicle registration or accident occurred. Individual should provide the full name, Social Security Number, current address, and other information verifiable from the record itself. Record access procedures: Individuals seeking access to information about themselves contained in this system should address written inquiries to the Provost Marshal at the installation where vehicle registration or accident occurred. Individual should provide the full name, Social Security Number, current address, and other information verifiable from the record itself. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From the individual, participants in car pools, military or civilian police reports, investigative and law enforcement agencies, third parties who provide relevant information. Exemptions claimed for the system: Parts of this system may be exempt under 5 U.S.C. 552a(j)(2), as applicable. An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3),
(c)and
(e)and published in 32 CFR part 505. For additional information contact the system manager. [FR Doc. E8-17019 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0027] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0190-13 DAMO System name: Security/Access Badges (May 10, 2002, 67 FR 31790). Changes: Change System Identifier to “A0190-13 OPMG”. Storage: Delete entry and replace with “Paper records in file folders and electronic storage media.” A0190-13 OPMG System name: Security/Access Badges. System location: Headquarters, Department of the Army staff, field operating agencies, states' adjutant general offices, and Army installations, activities, offices world-wide that issue security badges authorized by Army Regulation 190-13, The Army Physical Security Program. Official mailing addresses are published as an appendix to the Army's compilation of systems of records notices. Categories of individuals covered by the system: Individuals issued a security/access badge, authorized members of the Uniformed Services, civilian Department of Defense and contract employees and visitors entering Department of Defense properties, stations, forts, depots, arsenals, plants (both contractor and Government operated), hospitals, terminals, and other mission facilities and restricted areas, primarily used for military purposes. Categories of records in the system: Individual's application for security/access badge on appropriate Department of Defense and Army forms; individual's photograph, finger print record, special credentials, allied papers, registers, logs reflecting sequential numbering of security/access badges may also contain other relevant documentation. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army; Army Regulation 190-13, The Army Physical Security Program and E.O. 9397 (SSN). Purpose(s): To provide a record of security/access badges issued; to restrict entry to installations and activities; to ensure positive identification of personnel authorized access to restricted areas; to maintain accountability for issuance and disposition of security/access badges. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ also apply to this system of records. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records: Storage: Paper records in file folders and electronic storage media. Retrievability: By individual's name, Social Security Number, and/or security/access badge number. Safeguards: Data maintained in secure buildings accessed only by personnel authorized access. Computerized information protected by alarms and established access and control procedures. Retention and disposal: Security identification applications are maintained for 3 months after turn-in of badge or card then destroyed. System manager(s) and address: Commander, U.S. Total Army Personnel Command, 200 Stovall Street, Alexandria, VA 22332-0400. Notification procedure: Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the issuing office where the individual obtained the identification card or to the system manager. Individual should provide the full name, number of security/access badge, current address, phone number and signature. Record access procedures: Individuals seeking access to records about themselves contained in this record system should address written inquiries to the issuing officer at the appropriate installation. Individual should provide the full name, number of security/access badge, current address, phone number and signature. Contesting record procedures: The Army rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From the individual, Army records and reports. Exemptions claimed for the system: None. [FR Doc. E8-17022 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0031] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0140 DAJA System name: JAGC Reserve Components Officer Personnel Records (February 22, 1993, 58 FR 10002). Changes: System location: Delete entry and replace with “1777 N. Kent Street, DAJA-PT, Rosslyn, VA 22209.” Categories of individuals covered by the system: Delete entry and replace with “All Judge Advocate General Corps
(JAGC)U.S. Army Reserve officers, not serving on extended active duty; and officers seeking appointment, branch transfer, or Federal Recognition to the JAGC without concurrent call to active duty.” Authority for maintenance of the system: Delete entry and replace with “10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 10204, Personnel Records; Army Regulation 140-1, Mission, Organization, and Training and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Electronic Storage Media.” System manager(s) and address: Delete entry and replace with “Office of the Judge Advocate General, Personnel, Plans and Training Office, 1777 N. Kent Street, Rosslyn, VA 22209.” Notification procedure: Delete entry and replace with “Office of the Judge Advocate General, Personnel, Plans and Training Office, 1777 N. Kent Street, Rosslyn, VA 22209. Individual must provide his/her name, Social Security Number, sufficient details to permit locating pertinent records, and signature.” Record access procedures: Delete entry and replace with “Office of the Judge Advocate General, Personnel, Plans and Training Office, 1777 N. Kent Street, Rosslyn, VA 22209. Individual must provide his/her name, Social Security Number, sufficient details to permit locating pertinent records, and signature.” A0140 DAJA System name: JAGC Reserve Components Officer Personnel Records. System location: 1777 N. Kent Street, DAJA-PT, Rosslyn, VA 22209. Categories of individuals covered by the system: All Judge Advocate General Corps
(JAGC)U.S. Army Reserve officers, not serving on extended active duty; and officers seeking appointment, branch transfer, or Federal Recognition to the JAGC without concurrent call to active duty. Categories of records in the system: Individual's name, Social Security Number, application for appointment, active duty training, constructive credit, mobilization designee position, educational courses completed, home and business addresses and telephone numbers, grade, promotion eligibility date, primary military occupational specialty, date of birth, sex, basic date of mandatory removal, unit assignment and address, employer, job title, specialty and awards, correspondence between the Army and the individual. Authority for maintenance of the system: 10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 10204, Personnel Records; Army Regulation 140-1, Mission, Organization, and Training and E.O. 9397 (SSN). Purpose(s): To schedule Judge Advocate General Corps reserve officer training; select officers for reserve unit command positions; identify individual reservists in need of training; determine mandatory retirement dates; provide full background information on individuals applying for mobilization designee positions, constructive credit for training courses and/or active duty for training, to document background of applicants for appointment in the Judge Advocate General Corps or branch transfer consistent with prerequisites required for type of appointment/ branch transfer and to establish eligibility for appointment/branch transfer. Records are also used for management and statistical studies and reports. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders; magnetic tape/disc. Retrievability: By individual's surname, Social Security Number. Safeguards: All records are maintained in secured areas, accessible only to designated officials. Automated records require password for access. Retention and disposal: Records are retained until individual officer retires from the Reserves, held 2 additional years, and then destroyed. System manager(s) and address: Office of the Judge Advocate General, Personnel, Plans and Training Office, 1777 N. Kent Street, Rosslyn, VA 22209. Notification procedure: Office of the Judge Advocate General, Personnel, Plans and Training Office, 1777 N. Kent Street, Rosslyn, VA 22209. Individual must provide his/her name, Social Security Number, sufficient details to permit locating pertinent records, and signature. Record access procedures: Office of the Judge Advocate General, Personnel, Plans and Training Office, 1777 N. Kent Street, Rosslyn, VA 22209. Individual must provide his/her name, Social Security Number, sufficient details to permit locating pertinent records, and signature. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From the individual; official personnel documents. Exemptions claimed for the system: None. [FR Doc. E8-17023 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2008-0036] Privacy Act of 1974; System of Records AGENCY: Department of the Army, DoD. ACTION: Notice to Amend a System of Records. SUMMARY: The Department of the Army is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on August 25, 2008 unless comments are received which result in a contrary determination. ADDRESSES: Department of the Army, Freedom of Information/Privacy Division, U.S. Army Records Management and Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-3905. FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at
(703)428-6508. SUPPLEMENTARY INFORMATION: The Department of the Army systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the **Federal Register** and are available from the address above. The specific changes to the record system being amended are set forth below followed by the notice, as amended, published in its entirety. The proposed amendments are not within the purview of subsection
(r)of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: July 17, 2008. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. A0600-55 DAMO System name: Motor Vehicle/Equipment Operator Permit Files (February 22, 1993, 58 FR 10002). Changes: System location: Delete entry and replace with “Deputy Chief of Staff, G-3/5/7, ATTN: DAMO-TRI, Headquarters, Department of the Army, Washington, DC 20310-0400.” Categories of records in the system: Delete entry and replace with “Individual's permit (OF 346) or other authorization for operating vehicles or equipment such as enumerated in the preceding paragraph; register of such individuals; qualifications records; similar relevant documents and reports.” Authority for maintenance of the system: Delete entry and replace with “5 U.S.C. 301, Departmental Regulations, Army Regulation 600-55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing) and E.O. 9397 (SSN).” Storage: Delete entry and replace with “Paper records in file folders and electronic storage media.” System manager(s) and address: Delete entry and replace with “Deputy Chief of Staff, G-3/5/7, ATTN: DAMO-TRI, Headquarters, Department of the Army, Washington, DC 20310-0400.” A0600-55 DAMO System name: Motor Vehicle/Equipment Operator Permit Files. System location: Deputy Chief of Staff, G-3/5/7, ATTN: DAMO-TRI, Headquarters, Department of the Army, Washington, DC 20310-0400. Categories of individuals covered by the system: Military and civilian personnel authorized to operate Government motor vehicles and/or certain categories of equipment such as generators, air compressors, gas generators, construction equipment, materials handling equipment, locomotives, guided missile hydraulic elevators, mobile floating assault bridges, fueled heaters and stoves, amphibious crafts, and mine detecting equipment. Categories of records in the system: Individual's permit (OF 346) or other authorization for operating vehicles or equipment such as enumerated in the preceding paragraph; register of such individuals; qualifications records; similar relevant documents and reports. Authority for maintenance of the system: 5 U.S.C. 301, Departmental Regulations, Army Regulation 600-55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing) and E.O. 9397 (SSN). Purpose(s): To determine qualifications of the individuals and issue authorization for operation of Government motor vehicles and/or equipment. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ set forth at the beginning of the Army's compilation of systems of records notices also apply to this system. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Paper records in file folders and electronic storage media. Retrievability: By individual's surname. Safeguards: Records are maintained in secured areas/cabinets accessible only to designated officials having need therefor in the performance of their duties. Retention and disposal: Destroyed 3 years from date of issue or earlier if revoked by proper authority. System manager(s) and address: Deputy Chief of Staff, G-3/5/7, ATTN: DAMO-TRI, Headquarters, Department of the Army, Washington, DC 20310-0400. Notification procedure: Individuals seeking to determine if information about themselves is contained in this record system should address written inquiries to the Motor Vehicle/Equipment Examiner or Provost Marshal at the installation where permit or authorization was issued. Individual should provide the full name, Social Security Number, and other information verifiable from the record itself. Record access procedures: Individuals seeking access to records about themselves contained in this record system should address written inquiries to the Motor Vehicle/Equipment Examiner or Provost Marshal at the installation where permit or authorization was issued. Individual should provide the full name, Social Security Number, and signature. Contesting record procedures: The Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulations 340-21; 32 CFR part 505; or may be obtained from the system manager. Record source categories: From the individual; Army records and reports. Exemptions claimed for the system: None. [FR Doc. E8-17035 Filed 7-24-08; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army Department of the Army; Corps of Engineers Availability of Information Bulletin, for a Replacement Lock, Sault Locks Complex, Sault Sainte Marie, MI AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of availability. SUMMARY: The U.S. Army Corps of Engineers (USACE), Detroit District, is issuing this notice to announce the availability of an Information Bulletin for a proposed Replacement Lock, Sault Locks Complex, Sault Sainte Marie, MI. This bulletin provides information on the National Environmental Policy Act
(NEPA)review of the project that was presented in the Great Lakes Connecting Channels and Harbors Final Interim Feasibility Report and Environmental Impact Statement (EIS), 1986 and a Record of Environmental Consideration, 2000. Based upon the review of current site conditions and project plans, it appears that no new environmental impacts or issues have been identified since the 1986 FEIS and the 2000 Record of Environmental Consideration for the project. The planned construction of a second large lock at Sault Sainte Marie, MI, has been adequately assessed in accordance with NEPA and a Record of Decision
(ROD)should be signed to allow construction to begin. The Bulletin is being provided for information and to solicit comments on any changed conditions or anticipated impacts that may effect the decision to sign the ROD. DATES: The Information Bulletin will be available for public review from July 25, 2008 through August 25, 2008. Written comments must be received by September 2, 2008. ADDRESSES: You may request a copy of the Information Bulletin from Ms. Florence Bissell, Environmental Analysis Branch, U.S. Army Corps of Engineers, Detroit District, 477 Michigan Avenue, P.O. Box 1027, Detroit, MI 48231-1027. FOR FURTHER INFORMATION CONTACT: Ms. Florence Bissell at
(313)226-3510 or at *florence.k.bissell@usace.army.mil.* Written comments are to be provided to Ms. Bissell. SUPPLEMENTARY INFORMATION: Construction of a replacement lock at the U.S. Army Corps of Engineers Sault Locks Complex on the St. Mary's River, Michigan was proposed following a 1976 resolution of the Senate Public Works Committee to determine the advisability of providing additional lockage facilities. It was recommended that a lock of greater dimensions replace two smaller locks, the Davis and Sabin Locks, which were constructed during World War I. The proposed lock would be capable of handling the Great Lakes System's largest vessels (Class C) which account for more than half of the potential carrying capacity of the Great Lakes fleet and currently are limited to lockage through the Poe Lock. A disruption of the Poe Lock would result in significant national economic consequences therefore a second lock of the Poe Lock dimensions is needed. Congress has provided, in the Water Resources Development Act of 2007 that such a lock be constructed at Federal expense and funding has been appropriated to initiate construction. Dated: July 18, 2008. Les E. Weigum, Chief, Environmental Analysis Branch. [FR Doc. E8-17073 Filed 7-24-08; 8:45 am] BILLING CODE 3710-GA-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Intent To Prepare an Environmental Impact Statement for Nebraska; Department of Roads Nebraska Highway 12 Niobrara East and West Project AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of intent. SUMMARY: The U.S. Army Corps of Engineers (Corps) is preparing an Environmental Impact Statement
(EIS)to analyze the direct, indirect and cumulative effects of a proposed Nebraska State Highway project, Nebraska Highway 12 Niobrara East and West Project (project), by the Nebraska Department of Roads (NDOR). The project will provide a safe regional transportation corridor that meets Nebraska State Highway design standards. The project is needed due to interrupted use, high maintenance, roadway stability issues, driver safety during high water events, and the importance of maintaining Nebraska Highway 12 as a regional transportation corridor. Alternatives under consideration include:
(1)Taking no action;
(2)re-construction on existing alignment;
(3)providing a new two-lane highway on new alignment;
(4)reducing or eliminating existing flooding through evaluation of methods to reduce Lewis and Clark Lake elevation through operations and/or maintenance. NDOR and Corps have not selected a project alternative but will be exploring a range of alternatives through the National Environmental Policy Act
(NEPA)process. Additional alternatives will be considered during the NEPA process. Construction of the project is expected to result in temporary and permanent impacts to jurisdictional waters of the United States, thereby requiring a Clean Water Act section 404 permit. The Corps has prepared a scoping document to familiarize other agencies, the public and interested organizations with the preliminary project alternatives and potential environmental issues that may be involved. The scoping document includes a description of the problems that create the need for the project, a preliminary list of project alternatives, and various environmental/resource issues that will be addressed in the EIS. Copies of the scoping document will be available at the public scoping meeting or can be requested by mail. The EIS will be prepared according to the Corps' procedures for implementing the National Environmental Policy Act
(NEPA)of 1969, as amended, 42 U.S.C. 4332(2)(c), and consistent with the Corps' policy to facilitate public understanding and review of agency proposals. DATES: A public scoping meeting will be held on August 28, 2008, from 6 p.m. to 8:30 p.m. ADDRESSES: The public scoping meeting will be held at the WFLA Conference Center located on Spruce and Park Avenue in, Niobrara, NE 68760. FOR FURTHER INFORMATION CONTACT: Questions regarding the proposed action and EIS should be addressed to Matt Wray, Project Manager, U.S. Army Corps of Engineers, Nebraska Regulatory Office, Wehrspann Field Office, 8901 S. 154th Street, Omaha, NE 68138-3621 or at
(402)896-0896; *Matt.T.Wray@usace.army.mil.* SUPPLEMENTARY INFORMATION: The Nebraska Department Roads
(NDOR)is responsible for providing a safe, efficient, affordable, environmentally compatible and coordinated statewide transportation system for the movement of people and goods. NDOR has identified two segments of Nebraska Highway 12 that have experienced flooding and damage due to high water levels associated with the Missouri River. Segment 1 is approximately 6.4 miles long and extends from just east of Verdel on the west end to 2 miles west of the bridge over the Niobrara River. Segment 2 is approximately 6 miles long and extends from just east of Spruce Avenue in Niobrara to approximately 1 mile east of S-54D. Problems associated with this portion of Nebraska Highway 12 include high maintenance, driver safety, and disruption in use. The following summarizes the issues that create these problems: *Roadway Stability:* Due to high water levels and overtopping of Nebraska Highway 12 in the project area, the stability of the roadway is threatened. Gavin's Point Dam on the Missouri River was built in the 1950's near Yankton, South Dakota, creating Lewis and Clark Lake (lake). The lake has caused the water table adjacent to the Missouri River to rise. Nebraska Highway 12, which runs parallel to the Missouri River, is affected where it crosses into the Missouri River floodplain east and west of Niobrara, Nebraska. About eight miles of Nebraska Highway 12 runs through the floodplain. About half of this length is located to the east and half to the west of Niobrara, in Knox County, Nebraska. The distance between Nebraska Highway 12 and the Missouri River bank differs, but some areas are as close as two to three thousand feet. Due to the location of Nebraska Highway 12, the following road related issues are present:
(1)*Roadway inundation:* When high water events occur on the Missouri River, portions of Nebraska Highway 12 are under water. This jeopardizes the integrity of the roadway due to saturation of the roadway bed. This can create roadway sloughing and potential for failure. Bazile Creek enters the river east of Niobrara, NE where it intersects Nebraska Highway 12. During high water events on Bazile Creek, Nebraska Highway 12 becomes flooded. The flooding has occurred numerous times in the past.
(2)*Roadway saturation:* High water levels adjacent to Nebraska Highway 12 are the result of the lake. The lake is a man-made reservoir located behind Gavin's Point dam. The lake has contributed to the rising water table throughout the floodplain where Nebraska Highway 12 is located. In addition, system releases from upstream reservoirs as part of the Missouri River mainstem system, can provide constant water levels. Additionally, large releases of water can sometimes last for many months causing roadway saturation. The increased silt load coming into the lake from the Missouri River tributaries, primarily the Niobrara River and Bazile Creek also contributes to roadway saturation. The confluence of the Niobrara River and the Missouri River is just west of the town of Niobrara. The water from these tributaries slows as they enter the Missouri River and sediment is deposited creating a fill area that restricts the channel and raises the bed of the river. This causes the area of the lake to increase in dimension as well as raising the water table. High water levels create conditions of long-term saturation of the roadway embankment, thus creating the potential for roadway embankment erosion. *Driver Safety:* Portion of Nebraska Highway 12 are exposed to regular flooding. Roadway flooding is a concern for driver safety because even if the road is marked closed, motorists may choose to drive through flooded roadways. Nebraska Highway 12 in this location does not have lighting and the inherent dangers of driving through flooded roadways exist. In 1995, the Corps implemented an interim fix by raising the gradeline of Nebraska Highway 12 by several feet on two short highway segments to alleviate the immediate flooding problems. The resultant roadway is narrow with shoulders that are not adequate in width, and steep foreslopes. Cable guardrail was installed to help protect vehicles from running off the road and into the water. Due to the narrow roadway, the cable guardrail is close to the edge of the driving lane. A public scoping meeting will be held (see DATES ) to describe why the project is needed, preliminary alternatives, the NEPA compliance process and to solicit input on the issues and alternatives to be evaluated and other related matters. Written comments will also be requested. The Corps has invited the U.S. Environmental Protection Agency, National Park Service, U.S. Fish and Wildlife Service, and Knox County to be cooperating agencies in the formulation of the EIS. John L. Moeschen, Nebraska State Program Manager, Regulatory Branch. [FR Doc. E8-17077 Filed 7-24-08; 8:45 am] BILLING CODE 3710-62-P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Notice of Availability of the Draft Supplemental Environmental Impact Statement (DSEIS) for the Nourishment of 25,000 Feet of Beach in Topsail Beach, Pender County, NC AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of availability. SUMMARY: The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, from the Town of Topsail Beach to conduct a one-time interim beach fill project to protect oceanfront development and infrastructure until such time that a federally authorized shore protection project can be implemented. While federal budget priorities have made it difficult to obtain funds for civil works projects in general and beach protection projects in particular, the projected earliest construction date for the federal project is 2012. A Draft General Reevaluation Report—Environmental Impact Statement (GRR-EIS) has been prepared by the USACE and was released for public review and comment in June 2006 (USACE, 2006). Given the current status of the GRR-EIS and the need for Congressional authorization, funding, preparation of plans and specifications, and right-of-way acquisition, the federal project may not be implemented until Fiscal Year 2012, or possibly later. Accordingly, the Town would like to construct an interim project to protect its development and infrastructure during the period between now and the time the federal project is constructed. In order to account for any possible delays in the construction of the federal project, a construction date of 2016 was used in the development of the alternatives and economic analysis for the interim project. This would maintain the baseline conditions described in the Draft GRR and EIS. ADDRESSES: Copies of comments and questions regarding the DSEIS may be addressed to: U.S. Army Corps of Engineers, Wilmington District, Regulatory Division. ATTN: File Number SAW-2006-40848-071, Post Office Box 1890, Wilmington, NC 28402-1890. FOR FURTHER INFORMATION CONTACT: Questions about the proposed action and DSEIS can be directed to Mr. Dave Timpy, Wilmington Regulatory Field Office, telephone:
(910)251-4634. SUPPLEMENTARY INFORMATION: 1. *Project Description.* The fill placement area will occur between Godwin Avenue on the south to a point 2,000 feet northeast of Topsail Beach/Surf City town limits, a total ocean shoreline length of approximately 25,000 feet. The fill would consist of three sections, a 1,000-foot transition on the south beginning at a point opposite Godwin Avenue, a 22,000-foot main fill section that would extend to the Topsail Beach/Surf City town limits, and a 2,000-foot northern transition (Figure 1). The beach fill would have a variable width berm constructed to an elevation of +6.0 feet NAVD. The volume of material for the emergency project is based on providing erosion protection until such time a federal storm damage reduction project is implemented. EN25JY08.013 The volume of beach fill material could range from a minimal amount needed to counter long-term erosion losses during the interim period (approximately 5 years) to a maximum amount that would include a contingency volume to account for possible storm related erosion losses during the time period. The material to construct the emergency project would be derived from an offshore borrow site or a combination of borrow sites. The potential borrow sites include a portion of Borrow Area A (Borrow Area A1) identified by the USACE in the Draft GRR/EIS with the area considered for the emergency project shown in Figure 1. Borrow Area A1 contains a total volume of approximately 2.0 million cy. The second potential borrow area, designated as Borrow Area X in Figure 1, was developed specifically for the interim project and lies offshore of New Topsail Inlet outside the areas investigated by the USACE. Borrow Area X also contains approximately 2.0 million cy. Borrow Area B (Figure 1) is considered as a possible source for the interim project, however the volume of material available in Borrow Area B is an estimated total volume of 820,000 gross cy with an overfill factor of 1.23 resulting in a potential net volume of suitable beach fill material of 660,000 cy. The superposition of the 500 m buffer around the probable hardbottom areas located close to Borrow Area B eliminated approximately 54% of the area. The remaining area of Borrow Area B lying outside the 500 m buffer contains approximately 230,000 cy of relatively fine grained material (0.19 mm mean grain size) in a shallow deposit (2 to 3 ft). The shallow nature of the deposit in Borrow Area B would not render it economical to dredge with a cutterhead pipeline dredge. Ultimately, the small volume of material that could reasonably be obtained from Borrow Area B compared to the increase in potential environmental resources associated with the placement of pipeline around probable hardbottom or use of a hopper dredge resulted in its elimination as a viable borrow source for the Topsail Beach Interim Beach Fill Project. In addition to the borrow areas discussed above, the USACE identifies an additional five
(5)offshore borrow areas in Section 7.04 of the Draft GRR/EIS (USACE, 2006). These offshore borrow areas, Borrow Areas A, C, D, E, and F, lie seaward of the 3-mile state territorial limit and would require permits from the U.S. Minerals Management Service (MMS). Usage of the USACE offshore borrow areas located beyond the 4.8 km (3 mi) state territorial limit would not meet the purpose and need of the project. In particular, the acquisition and utilization of beach compatible material for shore protection project no later than March 31, 2009. A possible fourth source of borrow material, Banks Channel located behind Topsail Beach, was considered a potential alternative however it has not been evaluated in detail due to the small volume of material that could be removed from within the limits of the authorized navigation channel. A recent maintenance operation in Banks Channel and Old Topsail Creek, completed in fall 2007, removed approximately 160,000 cy of shoal material and deposited the material along 4,000 feet of shoreline extending north of the Sea Vista Hotel/Condominium. This operation further reduced the quantity of material that could be used for the interim project that would be available from the existing navigation channels. Upland borrow sources are not an economical option for the emergency project. Cost estimates for truck haul material from upland borrow areas located near the Town of Wallace, NC determined the unit cost for the material was non-competitive. Accordingly, upland borrow sources were not evaluated in detail for the proposed emergency project. Beach fill alternatives evaluated in detail for the interim project are listed below and include constructing the project using Borrow Area A1, Borrow Area X, or a combination of Borrow Areas X and A1. For the combined use of Borrow Areas X and A1, only the two seaward most dredge cuts of Borrow Area X would be used. This particular portion of Borrow Area X contains an estimated 784,000 cy of material. The Applicant's Preferred Alternative includes the use of Borrow Area X which contains an estimated 2.0 million cy of material. Two dredging methods were also evaluated; ocean certified cutter-suction pipeline dredge (pipeline dredge) and hopper dredge using direct pumpout (hopper dredge). The naming convention for the various beach fill alternatives is as follows: Alternative 3a: Borrow Area A1 with pipeline dredge. Alternative 3b: Borrow Area X with pipeline dredge. Alternative 3c: Borrow Areas X and A1 with pipeline dredge. Alternative 3d: Borrow Area A1 with hopper dredge. Alternative 3e: Borrow Area X with hopper dredge. Alternative 3f: Borrow Areas X and A1 with hopper dredge. Based on the goals, needs and objectives of the emergency project, Alternative 3b is the Applicant's Preferred Alternative. The proposed construction timeframe for the interim beach fill activities will occur in early calendar year 2009. *Beach Fill Surveys & Design.* Typical cross-sections of the beach along the Topsail Beach project area will be surveyed. Nearshore profiles will extend seaward to at least the −30-foot NAVD depth contour. The total volume of beach fill to be placed in front of the existing development and infrastructure will be based on an evaluation of erosion of the project area from 2002 through the expected construction date of the Federal project. Additional offshore and inshore data for Lea/Hutaff Island were also obtained along the northern 5,000 feet of the island. This data was used in the evaluation of possible impacts associated with the removal of sediment from the selected offshore borrow area and for future impact evaluations following project implementation through the use of numerical modeling. *Geotechnical Investigations.* The offshore sand search investigations have included bathymetric surveys, sidescan sonar surveys, seismic surveys, cultural resource surveys, vibracore collection and analysis, and ground-truth diver surveys to verify existence or non-existence of hard bottoms. The results of the offshore investigations coupled with the compatibility of the sand resource area and native beach sand were assessed to define the borrow area. All sediment compatibility assessments were based on State of North Carolina sediment compatibility standards that went into effect in February 2007. *Environmental Resource Coordination & Permitting.* The USACE prepared a General Reevaluation Report—Environmental Impact Statement (GRR-EIS) for the larger federal shore protection project (June 2006). The next step for the West Onslow Project is for the USACE to release the Final GRR and EIS for public and agency review and comment in summer 2008. The interim beach fill project will be subject to Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act and the North Carolina Environmental Policy Act (NCEPA). Preliminary coordination with the USACE-Wilmington District resulted in a determination that a Department of the Army Application for an Individual Permit will be needed for project compliance with Sections 10 and 404. Similarly, coordination with the North Carolina Division of Coastal Management (NCDCM) determined that the project would require a State EIS developed in accordance with NCEPA; as well as a Major Permit under the Coastal Area Management Act. 2. *Proposed Action.* The scope of activities for the proposed interim beach fill project included:
(a)Vibracores in the identified borrow area,
(b)side scan sonar surveys of the ocean bottom,
(c)in-water investigations of potential near shore hardbottom resources identified by the side scan sonar survey, and
(d)beach profile surveys. Offshore investigations included bathymetric surveys, sidescan sonar surveys, seismic and cultural resource surveys, as well as vibracore collection and analysis. The results of the offshore investigations coupled with the compatibility of the sand resource area and native beach sand were assessed to define the borrow area. 3. *Issues.* There are several potential environmental issues that are addressed in the DSEIS. Additional issues may be identified during the public review process. Issues initially identified as potentially significant include: a. Potential impact to marine biological resources (benthic organisms, passageway for fish and other marine life) and Essential Fish Habitat, particularly hardbottoms. b. Potential impact to threatened and endangered marine mammals, birds, fish, and plants. c. Potential impacts to water quality. d. Potential increase in erosion rates to adjacent beaches. e. Potential impacts to navigation, commercial and recreational. f. Potential impacts to private and public property. g. Potential impacts on public health and safety. h. Potential impacts to recreational and commercial fishing. i. The compatibility of the material for nourishment. j. Potential economic impacts. 4. *Alternatives.* Several alternatives are being considered for the proposed project. These alternatives were further formulated and developed during the scoping process and an appropriate range of alternatives, including the No Action and Non Structural alternative, are considered in the Draft Supplemental EIS. 5. *Scoping Process.* Project Delivery Team meetings were held to receive comments and assess concerns regarding the appropriate scope and preparation of the DSEIS. Federal, state, and local agencies and other interested organizations and persons participated in these Project Delivery Team meetings. The COE is also consulting with the U.S. Fish and Wildlife Service under the Endangered Species Act and the Fish and Wildlife Coordination Act, and with the National Marine Fisheries Service under the Magnuson-Stevens Act and Endangered Species Act. Additionally, the Draft Supplemental EIS has assessed the potential water quality impacts pursuant to Section 401 of the Clean Water Act, and is being coordinated with NCDCM to determine the projects consistency with the Coastal Zone Management Act. The USACE will closely work with NCDCM through the DSEIS to ensure the process complies with all North Carolina Environmental Policy Act (NCEPA) requirements. It is the USACE and NCDCM's intentions to consolidate both NEPA and NCEPA processes to eliminate duplications. 6. *Availability of the Draft Supplemental EIS.* The DSEIS has been published and circulated, and a public hearing will be held August 26, 2008 at the Historical Society Assembly Building, 720 Channel Blvd., Topsail Beach, NC at 6 p.m. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. E8-17079 Filed 7-24-08; 8:45 am] BILLING CODE 3710-GN-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 25, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, e.g., “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: July 21, 2008. Sheila Carey, Acting Director, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management. Office of English Language Acquisitions *Type of Review:* New. *Title:* Foreign Language Assistance Program for Local Educational Agencies: Annual Performance Report. *Frequency:* Semi-Annually. *Affected Public:* Individuals or household; State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden* *Responses:* 127. *Burden Hours:* 6,350. *Abstract:* The purpose is to implement a data collection process for a new semi-annual reporting for Government Performance and Results Act
(GPRA)purposes for the Foreign Language Assistance Program
(FLAP)for Local Educational Agencies (LEAs). These data are necessary to assess the performance of the FLAP for LEAs in meeting its stated goals and objectives and report to ED's Budget Service. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 3021. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-17058 Filed 7-24-08; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: Acting Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before August 25, 2008. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Education Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10222, Washington, DC 20503. Commenters are encouraged to submit responses electronically by e-mail to *oira_submission@omb.eop.gov* or via fax to
(202)395-6974. Commenters should include the following subject line in their response “Comment: [insert OMB number], [insert abbreviated collection name, *e.g.* , “Upward Bound Evaluation”]. Persons submitting comments electronically should not submit paper copies. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. Acting Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, *e.g.* new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: July 22, 2008. Sheila Carey, Acting Leader, Information Collection Clearance Division, Regulatory Information Management Services, Office of Management. Office of Postsecondary Education *Type of Review:* Reinstatement, without change, of a previously approved collection for which approval has expired. *Title:* Application Package for Graduate Assistance in Areas of National Need (GAANN) Program (1894-0001) (KM). *Frequency:* Annually. *Affected Public:* Not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* * Responses:* 325; * Burden Hours:* 13432. *Abstract:* This information collection provides the U.S. Department of Education with information needed to evaluate, score, and rank the quality of the projects proposed by institutions of higher education applying for a grant. Title VII, Part A of the Higher Education Act of 1965, as amended, requires the collection of specific data that are necessary for applicant institutions to receive an initial competitive grant and non-competing continuations grants for the second and third years. This information collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1890-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 3762. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to *ICDocketMgr@ed.gov* or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *ICDocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E8-17116 Filed 7-24-08; 8:45 am] BILLING CODE 4000-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8698-1] Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation, and Liability Act AGENCY: Environmental Protection Agency. ACTION: Request for public comment. SUMMARY: The U.S. Environmental Protection Agency is proposing to enter into an Administrative Settlement and Order on Consent for Removal Response Action, Docket No. CERC-03-2008-0092DC (“Proposed AOC”), relating to the Bally TCE Superfund Site (“Site”), located in Bally, Berks County, Pennsylvania. EPA is entering into this AOC with Respondent, American Household, Inc., formerly known as Sunbeam Corporation, pursuant to Sections 106(a) and 122(a) and (h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9606(a) and 9622(a) and (h)(1). The Proposed AOC requires Respondent to perform a response action to address risks presented by vapor intrusion of Site-related hazardous substances at the Site. Pursuant to the Proposed AOC, in consideration of Respondent's performance of this response work, EPA shall provide Respondent with a covenant not to sue for reimbursement of oversight costs incurred by EPA with respect to this Settlement Agreement. DATES: Comments must be provided within thirty
(30)days from publication. ADDRESS: Comments should be addressed to Lydia Guy, Regional Hearing Clerk, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029, and should refer to the Malvern TCE Superfund Site, East Whiteland Township, Chester County, Pennsylvania. FOR FURTHER INFORMATION CONTACT: Joan A. Johnson (3RC41), 215/814-2619, U.S. Environmental Protection Agency, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. SUPPLEMENTARY INFORMATION: The Environmental Protection Agency will receive written comments relating to this settlement for thirty
(30)days from the date of publication of this Notice. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. A copy of the Proposed AOC can be obtained from Joan A. Johnson, U.S. Environmental Protection Agency, Region III, Office of Regional Counsel, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029, or by contacting Joan A. Johnson at
(215)814-2619. Dated: July 17, 2008. Donald S. Welsh, Regional Administrator, U.S. Environmental Protection Agency, Region III. [FR Doc. E8-17085 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0393; FRL-8697-6] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; National Volatile Organic Compound Emission Standards for Architectural Coatings (Renewal); EPA ICR No. 1750.05; OMB Control No. 2060-0393 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 *et seq.* ), this document announces that an Information Collection Request
(ICR)has been forwarded to the Office of Management and Budget
(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before August 25, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2008-0393, to
(1)EPA online using *http://www.regulations.gov* (our preferred method), by e-mail to *a-and-r-docket@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, Air and Radiation Docket and Information Center, Mail Code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and
(2)OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Mr. Bruce Moore, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Natural Resources and Commerce Group (E143-03), Research Triangle Park, North Carolina 27711; telephone number:
(919)541-5460; fax number:
(919)541-3470; e-mail address: *moore.bruce@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On May 15, 2008 (73 FR 28112), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the comment period. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OAR-2008-0393 which is available for online viewing at *http://www.regulations.gov,* or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202-566-1744, and the telephone number for the Air and Radiation Docket is 202-566-1742. Use EPA's electronic docket and comment system at *http://www.regulations.gov,* to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov.* *Title:* National Volatile Organic Compound Emission Standards for Architectural Coatings (Renewal). *ICR numbers:* EPA ICR No. 1750.05, OMB Control No. 2060-0393. *ICR Status:* This ICR is scheduled to expire on July 31, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The information collection includes initial reports and periodic recordkeeping necessary for EPA to ensure compliance with Federal standards for volatile organic compounds in architectural coatings. Respondents are manufacturers, distributors, and importers of consumer products. Responses to the collection are mandatory under 40 CFR part 59, subpart D—National Volatile Organic Compound Emission Standards for Architectural Coatings. All information submitted to the EPA for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in 40 CFR part 2, subpart B—Confidentiality of Business Information. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 33 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Manufacturers and importers of architectural coatings. *Estimated Number of Respondents:* 500. *Frequency of Response:* On occasion. *Estimated Total Annual Hour Burden:* 16,641 hours. *Estimated Total Annual Cost:* $1,224,507. This includes $1,224,507 in labor costs and no capital or O&M costs. *Changes in Estimates:* There is a reduction of 6,120 hours in the total estimated respondent burden compared with that identified in the OMB Inventory of Approved ICR Burdens. This reduction is a result of revised estimates of number of exceedance fee reports and tonnage exemption reports to be submitted. These revised estimates were updated based on actual reports received in 2007 and 2008 in accordance with OMB's terms of clearance when the existing ICR was previously renewed in 2005. The estimated total annual costs decrease by $375,200 as a result. Dated: July 21, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-17090 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8696-9] Award of United States-Mexico Border Program Grants Authorized by the Consolidated Appropriations Act, 2008, and Grant Guidance AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Availability. SUMMARY: This notice announces the availability of a memorandum and accompanying guidance on how the Environmental Protection Agency
(EPA)will award and administer the United States-Mexico Border Program grant funds appropriated in the State and Tribal Assistance Grants
(STAG)account of the Agency's fiscal year
(FY)2008 appropriations. In the memorandum, the Agency identifies the portion of the available funds that are subject to the accompanying guidance. The grant guidance, which specifies how EPA Region 6 and Region 9 will award and administer these funds, will not be reissued annually. Each grant recipient will receive a copy of the memorandum and grant guidance from EPA. Requests for any materials referenced in the guidance document should be directed to the Regional project officers. FOR FURTHER INFORMATION CONTACT: Kellie Kubena, Acting Chief, Municipal Assistance Branch, Municipal Support Division, Office of Wastewater Management (4204M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(202)566-0448; e-mail address: *Kubena.Kellie@epamail.epa.gov.* SUPPLEMENTARY INFORMATION: Electronic Access The subject notice and associated documents may be viewed and downloaded from EPA's homepage, *http://www.epa.gov/owm/mab/owm0331.pdf* and *http://www.epa.gov/owm/mab/owm0332.pdf.* Dated: July 8, 2008. Judy Davis, Acting Director, Office of Wastewater Management. [FR Doc. E8-17087 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-R01-OW-2008-0214; FRL-8697-8] Massachusetts Marine Sanitation Device Standard—Notice of Determination AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Determination. SUMMARY: The Regional Administrator of the Environmental Protection Agency—New England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waters of Cape Cod Bay in the municipalities of Provincetown, Truro, Wellfleet, Eastham, Orleans, Brewster, Dennis, Yarmouth, Barnstable, Sandwich and Bourne. ADDRESSES: *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in *www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Ann Rodney, U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. Telephone:
(617)918-0538. Fax number:
(617)918-1505. E-mail address: *rodney.ann@epa.gov* . SUPPLEMENTARY INFORMATION: On May 22, 2008, EPA published a notice that the Commonwealth of Massachusetts had petitioned the Regional Administrator, Environmental Protection Agency, to determine that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waters of Cape Cod Bay in the municipalities of Provincetown, Truro, Wellfleet, Eastham, Orleans, Brewster, Dennis, Yarmouth, Barnstable, Sandwich and Bourne. Two comments were received on this petition. The petition was filed pursuant to Section 312(f)(3) of Public Law 92-500, as amended by Public Laws 95-217 and 100-4, for the purpose of declaring these waters a No Discharge Area (NDA). *Section 312(f)(3) states:* After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and enhancement of the quality of some or all of the waters within such States require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply. This Notice of Determination is for the state waters of Provincetown, Truro, Wellfleet, Eastham, Orleans, Brewster, Dennis, Yarmouth, Barnstable, Sandwich and Bourne, collectively referred to as Cape Cod Bay. The NDA includes: Waterbody/general area Latitude Longitude Eastern Landward Boundary—Line of longitude 70°10′00″ W. Northeastern Seaward Boundary—West along State Territorial line 42°08′00″ N 70°10′00″ W. Northwestern Landward Boundary—State Line intersection with Mean High Water line 42°09′00″ N 70°42′00″ W. The NDA boundary includes the municipal waters of Provincetown, Truro, Wellfleet, Eastham, Orleans, Brewster, Dennis, Yarmouth, Barnstable, Sandwich and Bourne and extends to the boundary between state and federal waters. Cape Cod Bay is bordered on three sides by the geographic landforms of Cape Cod and the South Shore of Massachusetts. The information submitted to EPA by the Commonwealth of Massachusetts certifies that there are eight pumpout facilities located within this area. A list of the facilities, with phone numbers, locations, and hours of operation is appended at the end of this determination. Based on the examination of the petition, its supporting documentation, and information from site visits conducted by EPA New England staff, EPA has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the area covered under this determination. This determination is made pursuant to Section 312(f)(3) of Public Law 92-500, as amended by Public Laws 95-217 and 100-4. Pumpout Facilities Within the No Discharge Area Name Location Contact info. Hours Mean low water depth
(ft)Sandwich Marina Sandwich
(508)833-0808 VHF 9, 16 8 a.m.-5 p.m., 7 days a week 5 Barnstable Town Marina Barnstable
(508)790-6272 VHF 9, 16 8 a.m.-4 p.m., 7 days a week 4.5 Northside Marina East Dennis
(508)385-3936 VHF 7 8 a.m.-5 p.m., 7 days a week 8 Orleans Town Pier at Rock Harbor Orleans
(508)240-3755 VHF 16, 66 8 a.m.-4 p.m., 7 days a week 4 Town of Wellfleet Marina Wellfleet
(508)349-0320 VHF 9 8 a.m.-6 p.m., 7 days a week 6 Provincetown Harbor Provincetown
(508)487-7030 VHF 9, 16 10 a.m.-4 p.m., 7 days a week 6 Dennis Dennis
(508)385-5555 VHF 9, 68 7 days a week 5 Provincetown Provincetown
(508)489-7030 VHF 68 7 days a week 5 Dated: July 7, 2008. Robert W. Varney, Regional Administrator, New England Region. [FR Doc. E8-17101 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8697-4; Docket ID No. EPA-HQ-ORD-2008-0543] The Development of Land-Use Scenarios Consistent With Climate Change Emissions Storylines AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of public comment period. SUMMARY: EPA is announcing a 30-day public comment period for the draft document entitled, “The Development of Land-Use Scenarios Consistent with Climate Change Emissions Storylines” (EPA/600/R-08/076). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. EPA is releasing this draft document solely for the purpose of pre-dissemination peer review under applicable information-quality guidelines. This document has not been formally disseminated by EPA. It does not represent, and should not be construed to represent, any Agency policy or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document. DATES: The 30-day public comment period begins July 25, 2008, and ends August 25, 2008. Technical comments should be in writing and must be received by EPA by August 25, 2008. ADDRESSES: The draft is available primarily via the Internet on the National Center for Environmental Assessment's home page under the Recent Additions and the Data and Publications menus at *http://www.epa.gov/ncea* . A limited number of paper copies are available from the Information Management Team, NCEA; telephone: 703-347-8561; facsimile: 703-347-8691. If you are requesting a paper copy, please provide your name, your mailing address, and the document title, “The Development of Land-Use Scenarios Consistent with Climate Change Emissions Storylines.” Comments may be submitted electronically via *http://www.regulations.gov* , by mail, by facsimile, or by hand delivery/courier. Please follow the detailed instructions provided in the “Supplementary Information” section of this notice. FOR FURTHER INFORMATION CONTACT: For information on the public comment period, contact the Office of Environmental Information Docket; telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail: *ORD.Docket@epa.gov* . For technical information, contact Britta Bierwagen, NCEA; telephone: 703-347-8613; facsimile: 703-347-8694; or e-mail: *bierwagen.britta@epa.gov* . SUPPLEMENTARY INFORMATION: I. Information About the Project/Document This draft report describes the modeling methodology used to create scenarios of housing density changes across the contiguous United States for each decade from the year 2000 to 2100 that are consistent with socio-economic storylines used by climate change modelers. The method consists of adapting the four main storylines used in the reports by the Intergovernmental Panel on Climate Change
(IPCC)to the United States, then running a demographic model for the United States at the county level that is consistent with these storylines, and distributing new housing at a 100-meter scale using a spatial allocation model that translates the population projections to housing. The scenarios not only reflect different assumptions about fertility rates and domestic and international migration, but also assumptions about the allocation of housing on the landscape from more compact to less compact forms of growth. The draft report also describes the methods used to convert housing density into impervious surface cover—an output that will facilitate future assessments of changes in water quality, aquatic ecosystems, air quality, and human health. The draft report concludes with recommendations for future modifications to the model to integrate climate change variables and for further analyses using the present results. II. How to Submit Technical Comments to the Docket at http://www.regulations.gov Submit your comments, identified by Docket ID No. EPA-HQ-ORD 2008-0543, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *ORD.Docket@epa.gov* . • Fax: 202-566-1753. • Mail: Office of Environmental Information
(OEI)Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-566-1752. • Hand Delivery: The OEI Docket is located in the EPA Headquarters Docket Center, Room 3334 EPA West Building, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202-566-1744. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. *Instructions* : Direct your comments to Docket ID No. EPA-HQ-ORD-2008-0543. Please ensure that your comments are submitted within the specified comment period. Comments received after the closing date will be marked “late,” and may only be considered if time permits. It is EPA's policy to include all comments it receives in the public docket without change and to make the comments available online at *http://www.regulations.gov* , including any personal information provided, unless a comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* : Documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other materials, such as copyrighted material, are publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. Dated: July 16, 2008. Rebecca Clark, Deputy Director, National Center for Environmental Assessment. [FR Doc. E8-17086 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-8584-1] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7146. An explanation of the ratings assigned to draft environmental impact statements
(EISs)was published in FR dated April 6, 2008 (73 FR 19833). Draft EISs *EIS No. 20080181, ERP No. D-FAA-F51051-OH* , Port Columbus International Airport/(CMH) Project, Replacement of Runway 10R/28L, Development of a New Passenger Terminal and other Associated Airport Projects, Funding, City of Columbus, OH. *Summary:* EPA expressed environmental concerns about particulate matter and noise and recommended using energy efficiency and sustainability principles. Rating EC2. *EIS No. 20080202, ERP No. D-COE-F09805-WI* , Wisconsin Power and Light 300 MW Power Plant, Construction and Operation of a 300 Megawatt
(MW)Baseload Coal-Fired Electric Generating Unit, Nelson Dewey Generating Station, near Cassville, Grant County, WI. *Summary:* EPA expressed environmental concerns about surface water quality, ground water hydrology and air emission impacts, and recommends additional information on effects of the lateral collector well; impacts from dredging for a new barge facility; air emissions control technology; and cumulative impacts on water and air quality. Rating EC2. *EIS No. 20080229, ERP No. D-AFS-K65341-AZ* , Black River Exchange Project, Proposal to Exchange Federal and Non-Federal Lands, Apache-Sitgreaves National Forests, Apache County, AZ. *Summary:* EPA has no objections to the proposed project. Rating LO. Final EISs *EIS No. 20080055, ERP No. F-AFS-A65177-00* , National Forest System Land Management Planning, Implementation, Proposed Land Management Planning Rule at 36 CFR part 219 to Finish Rulemaking. *Summary:* EPA continues to have environmental concerns about monitoring goals, and adaptive management. *EIS No. 20080205, ERP No. FR-FHW-G40178-TX* , Grand Parkway/TX-99 Segment F-1 Highway Construction, U.S. 290 to TX-249, Funding and US Army COE Section 404 Permit Issuance, Harris, Montgomery, Fort Bend, Liberty, Brazoria, Galveston and Chambers Counties, TX. *Summary:* No formal comment letter was sent to the preparing agency. *EIS No. 20080158, ERP No. FS-IBR-K39079-CA,* Environmental Water Account
(EWA)Project, Preferred Alternative is Fixed Purchase Alternative, Provide an Evaluation of 2004 Final EIS/EIR Environmental Water Account
(EWA)and Effects Associated with Extending the Current EWA's through 2011, CA. *Summary:* While EPA continues to have environmental concerns about the proposal, EPA concurs with a short-term and adaptable approach to the Environmental Water Account Project. Dated: July 22, 2008. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. E8-17098 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-8583-9] Environmental Impacts Statements; Notice of Availability *Responsible Agency:* Office of Federal Activities, General Information
(202)564-1399 or *http://www.epa.gov/compliance/nepa/* . Weekly receipt of Environmental Impact Statements. Filed 07/14/2008 Through 07/18/2008. Pursuant to 40 CFR 1506.9. *EIS No. 20080279, Draft EIS, FRC, PA* , Holtwood Hydroelectric Project (Docket No. P-1881-050) Application for an Amendment License to Increase the Installed Capacity, Susquehanna River, Lancaster and York Counties, PA, Comment Period Ends: 09/08/2008, Contact: Patricia Schaub 1-866-208-3372. *EIS No. 20080280, Final EIS, AFS, WY* , Winter Elk Management Programs, Long-Term Special Use Authorization for Wyoming Game and Fish Commission to use National Forest System Land within the Bridger-Teton National Forest at Alkali Creek, Dog Creek, Fall Creek, Fish Creek, Muddy Creek, Patrol Cabin, and Upper Green River, Jackson and Sublette, WY, Wait Period Ends: 08/25/2008, Contact: Greg Clark 307-276-3375. *EIS No. 20080281, Draft EIS, NRC, 00* , Generic—In-Situ Leach Uranium Milling Facilities (NUREG-1910), Construction, Operation, Aquifer Restoration and Decommissioning, Potentially Location in Portions of WY, NE, SD and NM, Comment Period Ends: 09/26/2008, Contact: James Park 301-415-6935. *EIS No. 20080282, Draft EIS, UPS, CA* , Aliso Viejo Incoming Mail Facility, Proposed Construction and Operation of a Mail Processing Facility on a 25-Acre Parcel, Aliso Viejo, Orange County, CA, Comment Period Ends: 09/08/2008, Contact: Emmy Andrews 650-615-7200. *EIS No. 20080283, Draft Supplement, AFS, MN* , Glacier Project, Updated Information to Develop and Analyze a Fourth Alternative, To Maintain and Promote Native Vegetation, Communities that are Diverse, Productive, Healthy, Implementation, Superior National Forest, Kawishiwi Ranger District, St. Louis and Lake Counties, MN, Comment Period Ends: 09/08/2008, Contact: Susan Duffy 218-365-3097. *EIS No. 20080284, Final Supplement, USA, 00* , Programmatic—Army Growth and Force Structure Realignment, Evaluation of Alternatives for Supporting the Growth, Realignment, and Transformation of the Army to Support Operations in the Pacific Theater, Implementation, Continental United States and Pacific Region of Alaska and Hawaii, Wait Period Ends: 08/25/2008, Contact: Mike Ackerman 410-436-2522. Amended Notices *EIS No. 20080217, Second Draft Supplement, COE, CA* , Pacific Los Angeles Marine Terminal Crude Oil Marine Terminal, Construction and Operation of a New Marine Terminal from Pier 400, Berth 408 Project, U.S. Army COE Section 10 and 404 Permits, Port of Los Angeles, Los Angeles County, CA, Comment Period Ends: 08/13/2008, Contact: Dr. Spencer D. MacNeil 805-585-2152. Revision of FR Notice Published 06/06/2008: Extending Comment from 07/29/2008 to 08/13/2008. *EIS No. 20080262, Draft EIS, SFW, NV* , Desert National Wildlife Refuge Complex, Ash Meadows, Desert, Moapa Valley and Pahranagat National Wildlife Refuges, Comprehensive Conservation Plan, Clark, Lincoln and Nye Counties, NV, Comment Period Ends: 09/09/2008, Contact: Cynthia Martinez 702-515-5450. Revision to FR Notice Published: Correction Comment Period from 08/25/2008 to 09/09/2008. Dated: July 22, 2008. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. E8-17097 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8697-9] Science Advisory Board Staff Office; Clean Air Scientific Advisory Committee (CASAC); Notification of a Public Advisory Committee Meeting of the CASAC Oxides of Nitrogen Primary NAAQS Review Panel AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Environmental Protection Agency
(EPA)Science Advisory Board
(SAB)Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Oxides of Nitrogen Primary NAAQS Review Panel (Panel) to conduct a peer review of the EPA's *Risk and Exposure Assessment to Support the Review of the NO* 2 *Primary National Ambient Air Quality Standard: Second Draft.* DATES: The meeting will be held from 8:30 a.m. (Eastern Time) on Tuesday, September 9, 2008 through 2 p.m. (Eastern Time) on Wednesday, September 10, 2008. ADDRESSES: The September 9-10, 2008 meeting will take place at the Marriott at Research Triangle Park, 4700 Guardian Drive, Durham, NC 27703, telephone
(919)941-6200. FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to submit a written or brief oral statement (five minutes or less) or wants further information concerning this meeting must contact Dr. Angela Nugent, Designated Federal Officer (DFO), EPA Science Advisory Board (1400F), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via telephone/voice mail
(202)343-9981; fax
(202)233-0643; or e-mail at *nugent.angela@epa.gov.* General information concerning the CASAC and the CASAC documents cited below can be found on the EPA Web site at *http://www.epa.gov/casac.* SUPPLEMENTARY INFORMATION: *Background:* The Clean Air Scientific Advisory Committee (CASAC) was established under section 109(d)(2) of the Clean Air Act (CAA or Act) (42 U.S.C. 7409) as an independent scientific advisory committee. CASAC provides advice, information and recommendations on the scientific and technical aspects of air quality criteria and national ambient air quality standards (NAAQS) under sections 108 and 109 of the Act. The CASAC is a Federal advisory committee chartered under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. The Panel will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Section 109(d)(1) of the CAA requires that the Agency periodically review and revise, as appropriate, the air quality criteria and the NAAQS for the six “criteria” air pollutants, including oxides of nitrogen (NO <sup>X</sup> ). EPA is in the process of reviewing the primary NAAQS for nitrogen dioxide (NO <sup>2</sup> ) as an indicator for NO <sup>X</sup> . Primary standards set limits to protect public health, including the health of “sensitive” populations such as asthmatics, children, and the elderly. CASAC has previously provided consultative advice on EPA's *Integrated Review Plan for the Primary National Ambient Air Quality Standard for Nitrogen Dioxide* (August 2007) and conducted peer review of the first and second drafts of EPA's *Integrated Science Assessment for Oxides of Nitrogen—Health Criteria.* CASAC also provided consultative advice on EPA's *Nitrogen Dioxide Health Assessment Plan: Scope and Methods for Exposure and Risk Assessment* and conducted peer review of EPA's *Risk and Exposure Assessment to Support the Review of the NO* 2 *Primary National Ambient Air Quality Standard: First Draft.* The CASAC advisory reports are available on the EPA Web site at *http://www.epa.gov/casac.* The purpose of this meeting is for CASAC to conduct a peer review of the *Risk and Exposure Assessment to Support the Review of the NO* 2 *Primary National Ambient Air Quality Standard: Second Draft.* *Technical Contact:* Any questions concerning EPA's *Risk and Exposure Assessment to Support the Review of the NO* 2 *Primary National Ambient Air Quality Standard: Second Draft* should be directed to Dr. Scott Jenkins, OAR (by telephone
(919)541-1167, or e-mail *jenkins.scott@epa.gov.* *Availability of Meeting Materials:* EPA-OAR's *Risk and Exposure Assessment to Support the Review of the NO* 2 *Primary National Ambient Air Quality Standard: Second Draft* will be accessible via the Agency's Office of Air Quality Planning and Standards Web site at *http://www.epa.gov/ttn/naaqs/standards/nox/s_nox_cr_rea.html* on or about August 12, 2008. Agendas and materials supporting the meeting will be placed on the EPA Web site at *http://www.epa.gov/casac* before the meeting. *Procedures for Providing Public Input:* Interested members of the public may submit relevant written or oral information for the CASAC Panel to consider during the advisory process. *Oral Statements:* In general, individuals or groups requesting an oral presentation at a public meeting will be limited to five minutes per speaker, with no more than a total of one hour for all speakers. Interested parties should contact Dr. Angela Nugent, DFO, in writing (preferably via e-mail) by September 2, 2008 at the contact information noted above to be placed on the public speaker list for this meeting. *Written Statements:* Written statements for the public meeting should be received by Dr. Angela Nugent at the contact information above by September 2, 2008, so that the information may be made available to the Panel for their consideration prior to this meeting. Written statements should be supplied to the DFO in the following formats: one hard copy with original signature (optional), and one electronic copy via e-mail (acceptable file format: Adobe Acrobat PDF, MS Word, MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/2000/XP format). *Accessibility:* For information on access or services for individuals with disabilities, please contact Dr. Nugent at the phone number or e-mail address noted above, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request. Dated: July 21, 2008. Anthony F. Maciorowski, Deputy Director, EPA Science Advisory Board Staff Office. [FR Doc. E8-17093 Filed 7-24-08; 8:45 am] BILLING CODE 6560-50-P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Agency Information Collection Activities: Notice of Submission for OMB Review; Final Comment Request AGENCY: Equal Employment Opportunity Commission. ACTION: Notice of Information Collection—Uniform Guidelines on Employee Selection Procedures. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Equal Employment Opportunity Commission hereby gives notice that it is submitting the information collection described below to the Office of Management and Budget for a three-year authorization. DATES: Written comments on this final notice must be submitted on or before August 25, 2008. ADDRESSES: The Request for Clearance (SF 83-I) and supporting statement submitted to OMB for review may be obtained from: Carol R. Miaskoff, Assistant Legal Counsel, Office of Legal Counsel, Equal Employment Opportunity Commission, 1801 L Street, NW., Washington, DC 20507. Comments on this final notice must be submitted to Chandana Achanta, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Room 10235, New Executive Office Building, Washington, DC 20503, or electronically mailed to: *Chandana_L._Achanta@omb.eop.gov* . Copies of comments should be submitted to the EEOC using one of the following methods: • By the Federal eRulemaking Portal: *http://www.regulations.gov* . After accessing this Web site, follow its instructions for submitting comments. • By mail to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 10th floor, 1801 “L” Street, NW., Washington, DC 20507; or by facsimile (“FAX”) machine to
(202)663-4114. (This is not a toll free number.) Only comments of six or fewer pages will be accepted via FAX transmittal, in order to assure access to the equipment. Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at
(202)663-4070 (voice) or
(202)663-4074 (TTD). (These are not toll free numbers). All comments received by the EEOC will be posted without change to the Federal rulemaking portal, *http://www.regulations.gov* , including any personal information provided. Copies of the comments also will be available for inspection in the EEOC Library, FOIA Reading Room, by advance appointment only, from 9 a.m. to 5 p.m., Monday through Friday except legal holidays, from August 25, 2008 until this item is finalized. To schedule an appointment to inspect the comments at the EEOC Library, FOIA Reading Room, contact the EEOC Library by calling
(202)663-4630 (voice) or
(202)663-4641 (TTY). (These are not toll free numbers). Persons who schedule an appointment in the EEOC Library, FOIA Reading Room, and need assistance to view the comments, will be provided with appropriate aids upon request, such as readers or print magnifiers. FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant Legal Counsel, 1801 L Street, NW., Washington, DC 20507;
(202)663-4638 (voice) or
(202)663-7026 (TTY). This notice is also available in the following formats: large print, Braille, audio tape and electronic file on computer disk. Requests for this notice in an alternative format should be made to the Publications Center at 1-800-669-3362. SUPPLEMENTARY INFORMATION: A notice that the Equal Employment Opportunity Commission (EEOC or Commission) would be submitting the Uniform Guidelines on Employee Selection Procedures (UGESP or Uniform Guidelines) to the Office of Management and Budget (OMB), for a three-year approval under the Paperwork Reduction Act of 1995 (PRA), was published in the **Federal Register** on March 25, 2008, allowing for a 60-day public comment period. 73 FR 15754 (Mar. 25, 2008). At that time, the EEOC announced that it would submit the Uniform Guidelines without change from its original form as adopted in 1978, and without change in the original interpretive Qs & As adopted in 1979 and 1980. The Uniform Guidelines continue to provide fundamental and consistent federal guidance for all Title VII-covered employers about the use of employment selection procedures. Nine parties submitted written comments in response to the March 2008 notice: five federal agencies (including two sister UGESP agencies concurring with the proposal) and four other parties, including representatives of federal contractors and businesses generally, a civil rights organization, and an economic consultant. Three parties focused their comments on responding to the PRA's mandatory questions about data utility and burden. Of these parties, two agreed that the UGESP recordkeeping requirements were necessary and useful for the EEOC's performance of its enforcement responsibilities and also accepted the EEOC's burden estimate. One commenter found the data collection was unnecessary and burdensome, and disagreed with the EEOC's burden estimate. The EEOC's burden calculation is based on contemporary, publicly-available data. It reflects the ongoing burden of collecting and storing demographic data for job applicants. Because UGESP remains unchanged, the burden estimate does not reflect the cost of new information systems or software. Five commenters agreed with the EEOC's decision to submit UGESP for PRA authorization without change, including the Department of Labor and the Office of Personnel Management, sister UGESP agencies. The reasons include preserving consistency in regulation, preserving a necessary data tool, and not disturbing the now-standard business practice of collecting demographic data from applicants. As an enforcement agency, the EEOC believes that UGESP is a necessary recordkeeping tool, which also provides fundamental and consistent federal guidance for all Title VII-covered employers about the use of employment selection procedures. Most commenters supported the decision not to finalize the UGESP agencies' proposed March 2004 subregulatory Qs and As. These proposed Qs and As defined electronic applicant for purposes of implementing the Uniform Guidelines. 69 FR 10152 (Mar. 4, 2004). Several parties cited the 2005 internet applicant regulation issued by Department of Labor's
(DOL)OFCCP, the agency responsible for enforcement of Executive Order 11246, and two parties urged the Commission to consider alternative guidance after further study of the issues. Another party stated that UGESP and its existing Qs and As, without change, were sufficient. DOL's OFCCP concurred in the decision not to finalize the proposed Qs and As, and to submit UGESP without change to OMB. Maintaining UGESP in its current form is the appropriate course at this time. Overview of This Information Collection *Collection Title:* Recordkeeping Requirements of the Uniform Guidelines on Employee Selection Procedures, 29 CFR part 1607, 41 CFR part 60-3, 28 CFR part 50, 5 CFR part 300. *OMB Number:* 3046-0017. *Form Number:* None. *Frequency of Report:* None. *Type of Respondent:* Businesses or other institutions; federal government; state or local governments and farms. *North American Industry Classification System (NAICS) Code:* Multiple. *Standard Industrial Classification Code (SIC):* Multiple. *Description of Affected Public:* Any employer, government contractor, labor organization, or employment agency covered by the federal equal employment opportunity laws. *Respondents:* 846,156. *Responses:* 846,156. *Cost to Respondents:* $182,164,775.20. *Recordkeeping Hours:* 14,822,194.89. *Number of Forms:* None. *Federal Cost:* 0. *Abstract:* The records addressed by UGESP are used by respondents to assure that they are complying with Title VII and Executive Order 11246; by the Federal agencies that enforce Title VII and/or Executive Order 11246 to investigate, conciliate and litigate charges of employment discrimination; and by complainants to establish violations of Federal equal employment opportunity laws. *Burden Statement:* There are no reporting requirements associated with UGESP. The burden being estimated is the cost of collecting and storing a job applicant's gender, race and ethnicity data. The only paperwork burden derives from this recordkeeping. Only employers covered by Title VII and Executive Order 11246 are subject to UGESP. For the purpose of burden calculation, employers with 15 or more employees are counted. The number of such employers is estimated at 846,156, which combines estimates from private employment, the public sector, colleges and universities, and referral unions. This burden assessment is based on an estimate of the total number of job applications submitted to all Title VII- covered employers in one year, including both paper-based and electronic applications. The total number of job applications submitted every year to covered employers is estimated to be 1,778,663,387, which is based on a National Organizations Survey average of 35.225 applications for every hire and a Bureau of Labor Statistics data estimate of 50,490,000 annual hires. It also includes 153,137 applicants for union membership reported on the EEO-3 form for 2006. The employer burden associated with collecting and storing applicant demographic data is based on the following assumptions: applicants would need to be asked to provide three pieces of information—sex, race/ethnicity, and an identification number (a total of approximately 13 keystrokes); the employer would need to transfer information received to a data base either manually or electronically; and the employer would need to store the 13 characters of information for each applicant. Recordkeeping costs and burden are assumed to be the cost of entering 13 keystrokes. Assuming that the required recordkeeping takes 30 seconds per record, and assuming a total of 1,778,663,387 paper and electronic applications per year, the resulting UGESP burden hours would be 14,822,194.89. Based on a wage rate of $12.29 per hour for the individuals entering the data, the collection and storage of applicant demographic data would come to approximately $182,164,775.20 per year for Title VII-covered employers. Dated: July 17, 2008. For the Commission. Naomi C. Earp, Chair. [FR Doc. E8-17070 Filed 7-24-08; 8:45 am] BILLING CODE 6570-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget July 21, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act
(PRA)of 1995, 44 U.S.C. 3501-3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before August 25, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget,
(202)395-5887, or via fax at 202-395-5167 or via Internet at *Nicholas_A._Fraser@omb.eop.gov* and to *Judith-B. Herman@fcc.gov* , Federal Communications Commission, or an e-mail to *PRA@fcc.gov* . To view a copy of this information collection request
(ICR)submitted to OMB:
(1)Go to the Web page *http://reginfo.gov/public/do/PRAMain* ,
(2)look for the section of the Web page called “Currently Under Review”,
(3)click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading,
(4)select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box,
(5)click the “Submit” button to the right of the “Select Agency” box, and
(6)when the list of FCC ICRs currently under review appears, look for the title of this ICR (or its OMB Control Number, if there is one) and then click on the ICR Reference Number to view detailed information about this ICR. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov* . SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1094. *Title:* Licensing, Operation, and Transition of the 2500-2690 MHz Band. *Form No.:* N/A. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit. *Number of Respondents:* 2,500 respondents; 12,726 responses. *Estimated Time per Response:* .25-5 hours average burden per response. *Frequency of Response:* On occasion and one-time reporting requirements, recordkeeping requirement, and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 8,457 hours. *Total Annual Cost:* $266,666. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* The revised information collection requirements provides that information provided pursuant to the new requirement shall not be disclosed to additional parties except to the extent necessary to ensure compliance with the rule. *Needs and Uses:* The Commission will submit this information collection
(IC)to the OMB as a revision during this comment period to obtain the full three-year clearance from them.The FCC adopted and released a Fourth Memorandum Opinion and Order ( *2008 Order* ) in FCC 08-83, which proposes to extend and modify existing reporting and third party disclosure requirements such that licensees will, pursuant to Section 27.1221(f) of the Commission's rules, be required to provide the geographic coordinates, the height above ground level of the center of radiation for each transmit and receive antenna, and the date transmissions commenced for each of the base stations in its Geographic Service Area
(GSA)within 30 days of receipt of a request from a co-channel, neighboring Broadband Radio Service/Educational Broadband Service (BRS/EBS) licensee. This information will be used to prevent harmful interference to licensees' BRS/EBS operations. Since BRS/EBS licensees will be providing this technical information to a third party, the information will not be used by the Commission unless submitted by the parties pursuant to an interference complaint. This additional requirement will add an additional .50 hours per licensee for reporting and recordkeeping requirements with an average of up to 250 responses to the current information collection burden for wireless service providers. Finally, the Commission is removing the requirement for the MVPD Opt Out (Waiver Request) provision that was approved by OMB the last time this collection was submitted to the OMB for approval. This voluntary deadline for filing waiver requests ended on April 30, 2007. Therefore, the Commission is reporting −3 hours in annual burden and −$6,668 in annual costs (program change reductions) to remove this requirement from this information collection. *OMB Control Number:* 3060-1039. *Title:* Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act—Review Process, WT Docket No. 03-128. *Form Nos.:* FCC Forms 620 and 621. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions, and state, local or tribal government. *Number of Respondents:* 12,000 respondents; 12,000 responses. *Estimated Time per Response:* .50-10 hours average burden per response. *Frequency of Response:* On occasion reporting requirement, recordkeeping requirement, and third party disclosure requirement. *Obligation to Respond:* Required to obtain or retain benefits. *Total Annual Burden:* 123,888 hours. *Total Annual Cost:* $9,253,296. *Privacy Act Impact Assessment:* N/A. *Nature and Extent of Confidentiality:* This information collection in general requires no need for confidentiality. On a case by case basis, the Commission may be required to withhold from disclosure certain information about the location, character, or ownership of a historic property, including traditional religious sites. ( *See* 16 U.S.C. Section 470w-3.) *Needs and Uses:* The Commission will submit this information collection
(IC)to the OMB as a revision during this comment period to obtain the full three-year clearance from them. There has been no change in the estimated number of respondents/responses, burden hours or annual costs. The Commission is currently revising this form to make it available in electronic format or developing a means of filing these forms electronically via the Tower Construction Notification System (TCNS). The Commission has conducted extensive public outreach sessions for the revised forms and screen designs. While the outreach did not result in specific changes to the forms, we did streamline some of our screen design and add clarifications to the forms. In this latest revision, to alleviate numerous attachments, the Commission is adding the following data elements to the FCC Form 620: • Consultant FCC Registration Number (FRN). • TCNS Notification Number. • Site Name of Structure. • Tribal/NHO Involvement. • Historic Properties. • Local Government Involvement. • Other Consulting Parties. • Designation of SHPO/THPO. *The following data elements are being added to the FCC Form 621:* • Consultant FCC Registration Number (FRN). • TCNS Notification Number. • Secondary TCNS Notification Number. • Site Name of Structure. • Tribal/NHO Involvement. • Historic Properties. • Local Government Involvement. • Other Consulting Parties. • Designation of SHPO/THPO. The data is used by FCC staff, State Historic Preservation Officers (SHPO), Tribal Historic Preservation Officers
(THPO)and the Advisory Council on Historic Preservation
(ACHP)to take such action as may be necessary to ascertain whether a proposed action may affect historic properties that are listed or eligible for listing in the National Register as directed by Section 106 of the NHPA and the Commission's rules. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8-17100 Filed 7-24-08; 8:45 am] BILLING CODE 6712-01-P FEDERAL ELECTION COMMISSION Sunshine Act Notices Date & Time: Monday, July 28, 2008 at 10 a.m. Place: 999 E Street, NW., Washington, DC (Ninth Floor). Status: This meeting will be open to the public. Items to be Discussed Correction and Approval of Minutes. Draft Advisory Opinion 2007-33: Club for Growth PAC, by Carol A. Laham, Esq. and D. Mark Renaud, Esq. Draft Advisory Opinion 2008-05: Holland & Knight, LLP, by Christopher DeLacy, Esq. Management and Administrative Matters. *Person to Contact for Information:* Robert Biersack, Press Officer Telephone:
(202)694-1220 Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Mary Dove, Commission Secretary, at
(202)694-1040, at least 72 hours prior to the hearing date. Mary W. Dove, Secretary of the Commission. [FR Doc. E8-17012 Filed 7-24-08; 8:45 am] BILLING CODE 6715-01-M GENERAL SERVICES ADMINISTRATION [GSA Bulletin FTR 08-06] Federal Travel Regulation (FTR); Relocation Allowances—Standard Mileage Rate for Moving Purposes AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Notice of a bulletin. SUMMARY: On December 11, 2007, the General Services Administration
(GSA)published FTR Amendment 2007-06 in the **Federal Register** (72 FR 70234) specifying that the Internal Revenue Service
(IRS)Standard Mileage Rate for moving purposes would be the rate at which agencies will reimburse an employee for using a privately-owned vehicle for relocation on a worldwide basis. The amendment indicated that the change to the IRS Standard Mileage Rate for moving purposes applied to relocations on and after September 25, 2007, and that GSA would publish a bulletin announcing any changes to that rate made by the IRS thereafter. On June 23, 2008, the IRS announced that as of July 1, 2008, the relocation mileage rate would increase to $0.27 per mile for the 6 month period ending on December 31, 2008. FTR Bulletin 08-06, is attached. FTR Bulletin 08-06 and all other FTR Bulletins may be found at *www.gsa.gov/federaltravelregulation* . DATES: This notice is effective July 1, 2008 and applies to relocations performed on or after July 1, 2008 until December 31, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Ed Davis, Office of Governmentwide Policy (M), Office of Travel, Transportation, and Asset Management (MT), General Services Administration at
(202)208-7638 or via e-mail at *ed.davis@gsa.gov* . Please cite FTR Bulletin 08-06. Dated: July 1, 2008. Kevin Messner, Acting Associate Administrator, Office of Governmentwide Policy. **GENERAL SERVICES ADMINISTRATION** **[GSA Bulletin FTR 08-06]** TO: Heads of Federal Agencies SUBJECT: Relocation Allowances—Standard Mileage Rate for Moving Purposes 1. **What is the purpose of this bulletin?** This bulletin informs agencies that on June 23, 2008, the IRS announced an eight cent increase in the Standard Mileage Rate for moving purposes from 19 cents to 27 cents per mile. This new Standard Mileage Rate for moving purposes is effective July 1, 2008, through December 31, 2008, and applies to relocations undertaken by Federal employees during this time period. 2. **What is the background of this bulletin?** On December 11, 2007, GSA published FTR Amendment 2007-06 in the **Federal Register** (72 FR 70234) specifying that the IRS Standard Mileage Rate for moving purposes would be the rate at which agencies will reimburse an employee for using a privately owned vehicle
(POV)for relocation worldwide. The amendment indicated that the change to the IRS Standard Mileage Rate for moving purposes applied to relocations on and after September 25, 2007, and that GSA would publish a bulletin announcing any changes to that rate made by the IRS thereafter. 3. **Who should I call for further information?** For further information, contact Mr. Ed Davis, Office of Governmentwide Policy (M), Office of Travel, Transportation, and Asset Management (MT), General Services Administration at
(202)208-7638 or via e-mail at *ed.davis@gsa.gov* . By delegation of the Administrator of General Services, Kevin Messner, *Acting Associate Administrator,* *Office of Governmentwide Policy.* [FR Doc. E8-17091 Filed 7-24-08; 8:45 am] BILLING CODE 6820-14-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10166, CMS-10182, and CMS-846-849, 854, 10125, 10126, and 10269] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services. 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:* Revision of a currently approved collection; *Title of Information Collection:* Payment Error Rate Measurement in Medicaid and the State Children's Health Insurance Program (SCHIP); *Use:* The Improper Payments Information Act
(IPIA)of 2002 requires CMS to produce national error rates for Medicaid and State Children's Health Insurance Program (SCHIP). To comply with the IPIA, CMS will engage a Federal contractor to produce the error rates in Medicaid and SCHIP. The states will be requested to submit, at their option, test data which include full claims details to the contractor prior to the quarterly submissions to detect potential problems in the dataset to and ensure the quality of the data. These states will be required to submit quarterly claims data to the contractor who will pull a statistically valid random sample, each quarter, by strata, so that medical and data processing reviews can be performed. State-specific error rates will be based on these review results. CMS needs to collect the claims data, medical policies, and other information from states as well as medical records from providers in order for the contractor to sample and review adjudicated claims in those states selected for review. Based on the reviews, state-specific error rates will be calculated which will serve as the basis for calculating national Medicaid and SCHIP error rates. This revision of the currently approved collection contains minor revisions to the information collection requirements. There is a 10-hour increase in burden per state per program as part of a new process. Based on the past experience in PERM operation, the adjustment is made to ensure the quality of the data will comply with the data requirement during the measurement. *Form Number:* CMS-10166 (OMB# 0938-0974); *Frequency:* Quarterly, Yearly; *Affected Public:* State, Local or Tribal Governments; *Number of Respondents:* 34; *Total Annual Responses:* 4,080; *Total Annual Hours:* 28,560. 2. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Model Creditable Coverage Disclosure Notices; *Use:* Section 1860D-1 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(MMA)and implementing regulations at 42 CFR 423.56 require that entities that offer prescription drug benefits under any of the types of coverage described in 42 CFR 423.56(b) provide a disclosure of creditable coverage status to all Medicare Part D eligible individuals covered under the entity's plan informing them whether such coverage meets the actuarial requirements specified in guidelines provided by CMS. These disclosure notices must be provided to Part D eligible individuals, at minimum, at the following times:
(1)Prior to an individual's initial enrollment period for Part D, as described under § 423.38(a);
(2)prior to the effective date of enrollment in the entity's coverage, and upon any change in creditable status;
(3)prior to the commencement of the Part D Annual Coordinated Election Period
(ACEP)which begins on November 15 of each year, as defined in § 423.38(b); and
(4)upon request by the individual. In an effort to reduce the burden associated with providing these notices, our final regulations allow most entities to provide notices of creditable and non-creditable status with other information materials that these entities distribute to beneficiaries. This collection has been updated by eliminating the separate Model Personalized Disclosure Notice. CMS has incorporated the personalized information into the Model Creditable Disclosure Notice and the Model Non-Creditable Disclosure Notice for use by the public. *Form Number:* CMS-10182 (OMB# 0938-0990); *Frequency:* Yearly and Semi-annually; *Affected Public:* Federal Government, Business or Other For-Profits and Not-for-Profit Institutions, and State, Local or Tribal Governments; *Number of Respondents:* 1,225,173; *Total Annual Responses:* 1,225,173; *Total Annual Hours:* 522,204. 3. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Durable Medical Equipment Medicare Administrative Contractors (MAC), Certificates of Medical Necessity; *Use:* The certificate of medical necessity
(CMN)collects information required to help determine the medical necessity of certain items. CMS requires CMNs where there may be a vulnerability to the Medicare program. Each initial claim for these items must have an associated CMN for the beneficiary. Suppliers (those who bill for the items) complete the administrative information ( *e.g.* , patient's name and address, items ordered, etc.) on each CMN. The 1994 Amendments to the Social Security Act require that the supplier also provide a narrative description of the items ordered and all related accessories, their charge for each of these items, and the Medicare fee schedule allowance (where applicable). The supplier then sends the CMN to the treating physician or other clinicians ( *e.g.* , physician assistant, LPN, etc.) who completes questions pertaining to the beneficiary's medical condition and signs the CMN. The physician or other clinician returns the CMN to the supplier who has the option to maintain a copy and then submits the CMN (paper or electronic) to CMS, along with a claim for reimbursement. *Form Number:* CMS-846-849, 854, 10125, 10126, 10269 (OMB# 0938-0679); *Frequency:* Occasionally; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 59,200; *Total Annual Responses:* 6,480,000; *Total Annual Hours:* 1,296,000. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' 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 23, 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 18, 2008. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E8-17117 Filed 7-24-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1396-N] Medicare Program; Announcement of Three New Members to the Advisory Panel on Ambulatory Payment Classification
(APC)Groups AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (DHHS). ACTION: Notice. SUMMARY: This notice announces three new members selected to serve on the Advisory Panel on Ambulatory Payment Classification
(APC)Groups (the Panel). The purpose of the Panel is to review the APC groups and their associated weights and to advise the Secretary, DHHS (the Secretary), and the Administrator, CMS (the Administrator), concerning the clinical integrity of the APC groups and their associated weights. We will consider the Panel's advice as we prepare the annual updates of the hospital outpatient prospective payment system (OPPS). FOR FURTHER INFORMATION CONTACT: For inquiries about the Panel, please contact the Designated Federal Official (DFO): Shirl Ackerman-Ross, DFO, CMS, CMM, HAPG, DOC, 7500 Security Boulevard, Mail Stop C4-05-17, Baltimore, MD 21244-1850. Phone
(410)786-4474. *APC Panel E-Mail Address:* The E-mail address for the Panel is as follows: *CMS APCPanel@cms.hhs.gov.* Note: There is NO underscore in this e-mail address; there is a SPACE between CMS and APCPanel. *News Media Contact:* News media representatives must contact our Public Affairs Office at
(202)690-6145. *CMS Advisory Committees Hotlines:* The CMS Federal Advisory Committee Hotline is 1-877-449-5659 (toll free) and
(410)786-9379 (local) for additional Panel information. *Web Sites:* For additional information regarding the APC Panel membership, meetings, agendas, and updates to the Panel's activities, please search our Web site at the following Uniform Resource Locator (URL): *http://www.cms.hhs.gov/FACA/05_AdvisoryPanelonAmbulatoryPaymentClassificationGroups.asp#TopOfPage* . Note: There is an underscore after FACA/05 (like this _); there is no space. The public may also access the following URL for the Federal Advisory Committee Act Web site to obtain APC Panel information: *https://www.fido.gov/facadatabase/logon.asp* . A copy of the Panel's Charter and other pertinent information are on both Web sites mentioned above. You may also e-mail the Panel DFO at the above e-mail address for a copy of the Charter. SUPPLEMENTARY INFORMATION: I. Background The Secretary is required by section 1833(t)(9)(A) of the Social Security Act (the Act), as amended and redesignated by sections 201(h) and 202(a)(2) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999
(BBRA)(Pub. L. 106-113), to consult with an expert outside advisory Panel regarding the clinical integrity of the APC groups and relative payment weights that are components of the Medicare hospital OPPS. The APC Panel meets up to three times annually. The Charter requires that the Panel must be fairly balanced in its membership in terms of the points of view represented and the functions to be performed. The Panel consists of up to 15 members, who are representatives of providers, and a Chair. Each Panel member must be employed full-time by a hospital, hospital system, or other Medicare provider subject to payment under the OPPS. The Secretary or Administrator selects the Panel membership based upon either self-nominations or nominations submitted by Medicare providers and other interested organizations. All members must have technical expertise to enable them to participate fully in the work of the Panel. This expertise encompasses hospital payment systems; hospital medical-care delivery systems; provider billing systems; APC groups, Current Procedural Terminology codes, and alpha-numeric Healthcare Common Procedure Coding System codes; and the use and payment of drugs and medical devices in the outpatient setting, as well as other forms of relevant expertise. The Charter requires that all members have a minimum of 5 years experience in their area(s) of expertise, but it is not necessary that any member be an expert in all of the areas listed above. For purposes of this Panel, consultants, independent contractors, and individuals in private practice are not considered as being full-time employees of hospitals, hospital systems, or other Medicare providers that are paid under the Medicare hospital OPPS. Panel members serve up to 4-year terms. A member may serve after the expiration of his or her term until a successor has been sworn in. All terms are contingent upon the renewal of the Panel's Charter by appropriate action before its termination. The Secretary re-chartered the APC Panel effective November 21, 2006. II. Announcement of New Members The Panel may consist of a Chair and up to 15 Panel members who serve without compensation, according to an advance written agreement. Travel, meals, lodging, and related expenses for the meeting are reimbursed in accordance with standard Government travel regulations. We have a special interest in ensuring that women, minorities, representatives from various geographical locations, and the physically challenged are adequately represented on the Panel. The Secretary, or his designee, appoints new members to the Panel from among those candidates determined to have the required expertise. New appointments are made in a manner that ensures a balanced membership. The Panel presently consists of the following 15 members and a Chair: (The asterisk [*] indicates a Panel member whose term expires on 06/30/2008, and the double asterisk [**] indicates Panel members whose terms expire on 09/30/2008.) • Edith Hambrick, M.D., J.D., Chair • Gloryanne Bryant, B.S., R.H.I.A., R.H.I.T., C.C.S. • Patrick Grusenmeyer, Sc.D., M.P.A., F.A.C.H. • Hazel Kimmel, R.N., C.C.S., C.P.C.* • Michael D. Mills, Ph.D., M.S.P.H. • Thomas M. Munger, M.D., F.A.C.C. • Agatha L. Nolen, D.Ph., M.S. • Beverly Khnie Philip, M.D. • Louis Potters, M.D., F.A.C.R.** • Russ Ranallo, M.S. • James V. Rawson, M.D. • Michael A. Ross, M.D., F.A.C.E.P. • Judie S. Snipes, R.N., M.B.A., F.A.C.H.E.** • Patricia Spencer-Cisek, M.S., A.P.R.N.-BC, A.O.C.N.® • Kim Allan Williams, M.D., F.A.C.C., F.A.B.C. • Robert Matthew Zwolak, M.D., Ph.D., F.A.C.S. On February 22, 2008, we published the notice titled “Request for Nominations to the Advisory Panel on Ambulatory Payment Classification Groups” (CMS-1395-N) in the **Federal Register**
(FR)requesting nominations to the Panel replacing Panel members whose terms would expire prior to or on September 30, 2008. As a result of that FR notice, we are announcing three new members to the Panel. One new 4-year appointment commences on August 1, 2008, and two new 4-year appointments commence on October 1, 2008, as indicated below: New panel members Terms • Kathleen M. Graham, RN, MSHA, CPHQ 08/01/2008-07/31/2012 • Randall A. Oyer, MD 10/01/2008-09/30/2012 • Judith T. Kelly, BSHA, RHIT, RHIA, CCS 10/01/2008-09/30/2012 Note: Ms. Graham replaces Ms. Kimmel whose term expires 06/30/2008 when she retires. Dr. Oyer will replace Dr. Potters, and Ms. Kelly will replace Ms. Snipes. Ms. Snipes' and Dr. Potters' terms expire on 09/30/2008. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: July 9, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-17169 Filed 7-24-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1558-N] Medicare Program; Request for Nominations and Meeting of the Practicing Physicians Advisory Council, August 18, 2008 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice invites all organizations representing physicians to submit nominations for consideration to fill two seats on the Practicing Physicians Advisory Council (the Council) that will be vacated by current Council members in 2009. This notice also announces a quarterly meeting of the Council. The Council will meet to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services (the Secretary). This meeting is open to the public. DATES: *Meeting Date:* Monday, August 18, 2008, from 8:30 a.m. to 5 p.m. e.d.t. *Deadline for Registration Without Oral Presentation:* Thursday, August 14, 2008, 12 noon, e.d.t. *Deadline for Registration of Oral Presentations:* Friday, August 1, 2008, 12 noon, e.d.t. *Deadline for Submission of Oral Remarks and Written Comments:* Wednesday, August 6, 2008, 12 noon, e.d.t. *Deadline for Requesting Special Accommodations:* Monday, August 11, 2008, 12 noon, e.d.t. *Deadline for Submitting Nominations:* Friday, September 12, 2008, 5 p.m. e.d.t. ADDRESSES: *Meeting Location:* The meeting will be held in the Multi-purpose Room, 1st floor, at the CMS Central Office, 7500 Security Boulevard, Baltimore, Maryland 21244. *Submission of Testimony:* Testimonies should be mailed to Kelly Buchanan, Designated Federal Official (DFO), Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Mail stop C4-13-07, Baltimore, MD 21244-1850, or contact the DFO via e-mail at *PPAC_hhs@cms.hhs.gov* . *Submission of Nominations:* Mail or deliver nominations to the Centers for Medicare and Medicaid Services, Center for Medicare Management, Division of Provider Relations and Evaluations, Attention: Kelly Buchanan, Designated Federal Official, Practicing Physicians Advisory Council, 7500 Security Boulevard, Mail Stop C4-13-07, Baltimore, Maryland 21244-1850. FOR FURTHER INFORMATION CONTACT: Kelly Buchanan, DFO,
(410)786-6132, or e-mail *PPAC_hhs@cms.hhs.gov* . News media representatives must contact the CMS Press Office,
(202)690-6145. Please refer to the CMS Advisory Committees' Information Line (1-877- 449-5659 toll free),
(410)786-9379 (local) or the Internet at *http://www.cms.hhs.gov/home/regsguidance.asp* for additional information and updates on committee activities. SUPPLEMENTARY INFORMATION: I. Background In accordance with section 10(a) of the Federal Advisory Committee Act, this notice announces the quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Secretary is mandated by section 1868(a)(1) of the Social Security Act (the Act) to appoint a Practicing Physicians Advisory Council based on nominations submitted by medical organizations representing physicians. The Council meets quarterly to discuss certain proposed changes in regulations and manual instructions related to physician services, as identified by the Secretary. To the extent feasible and consistent with statutory deadlines, the Council's consultation must occur before **Federal Register** publication of the proposed changes. The Council submits an annual report on its recommendations to the Secretary and the Administrator of the Centers for Medicare & Medicaid Services
(CMS)not later than December 31 of each year. The Council consists of 15 physicians, including the Chair. Members of the Council include both participating and nonparticipating physicians, and physicians practicing in rural and underserved urban areas. At least 11 members of the Council must be physicians as described in section 1861(r)(1) of the Act; that is, State-licensed doctors of medicine or osteopathy. The remaining 4 members may include dentists, podiatrists, optometrists, and chiropractors. Members serve for overlapping 4-year terms. Section 1868(a)(2) of the Act provides that the Council meet quarterly to discuss certain proposed changes in regulations and manual issuances that relate to physicians' services, identified by the Secretary. Section 1868(a)(3) of the Act provides for payment of expenses and per diem for Council members in the same manner as members of other advisory committees appointed by the Secretary. In addition to making these payments, the Department of Health and Human Services and CMS provide management and support services to the Council. The Secretary will appoint new members to the Council from among those candidates determined to have the expertise required to meet specific agency needs in a manner to ensure appropriate balance of the Council's membership. The Council held its first meeting on May 11, 1992. The current members are: Vincent J. Bufalino, M.D., Chairperson; M. Leroy Sprang, M.D.; Karen S. Williams, M.D.; Joseph A. Giaimo, D.O.; Jonathan E. Siff, M.D., MBA; John E. Arradondo, M.D., MPH; Fredrica E. Smith, M.D.; Pamela A. Howard, M.D.; Tye J. Ouzounian, M.D.; Christopher J. Standaert, M.D.; Arthur D. Snow, Jr., M.D.; Gregory J. Przybylski, M.D.; Jeffrey A. Ross, DPM, M.D.; Roger L. Jordan, O.D.; and Janice A. Kirsch, M.D. II. Nomination Requirements Nominations must be submitted by medical organizations representing physicians. Nominees must have submitted at least 250 claims for physician services under the Medicare program in the previous year. Each nomination must state that the nominee has expressed a willingness to serve as a Council member and must be accompanied by a short resume or description of the nominee's experience. All candidates are advised to consider the time commitment of 1 full-day meeting, quarterly. If a candidate's current responsibilities preclude this level of commitment, we urge the individual to reconsider his or her nomination. To permit an evaluation of possible sources of conflicts of interest, potential candidates will be asked to provide detailed information concerning financial holdings, consultant positions, research grants, and contracts. Consideration will be given to each nominee with regard to his or her leadership credentials, geographic and demographic factors, and projected PPAC needs. Final selections will incorporate these criteria to maintain a committee membership that is fairly balanced in terms of points of view represented and the committee's function. Selections will be made by February 2009 with new members sworn in during the May 2009 meeting. Nominations to fill vacancies on the Council will be considered if received at the address listed in the ADDRESSES section of the notice, no later than the date listed in the DATES section of this notice. All nominating organizations will be notified in writing of those candidates selected for committee membership. III. Meeting Format and Agenda The meeting will commence with the Council's Executive Director providing a status report, and the CMS responses to the recommendations made by the Council at the May 19, 2008 meeting, as well as prior meeting recommendations. Additionally, an update will be provided on the Physician Regulatory Issues Team. In accordance with the Council charter, we are requesting assistance with the following agenda topics: • Physician Fee Schedule Proposed Rule • Recovery Audit Contractor
(RAC)Update • Demonstration Projects • DME Update • Outpatient Prospective Payment System
(OPPS)and Ambulatory Surgical Center
(ASC)Proposed Rules • Medicare Contractor Provider Satisfaction Survey (MCPSS) For additional information and clarification on these topics, contact the DFO as provided in the FOR FURTHER INFORMATION CONTACT section of this notice. Individual physicians or medical organizations that represent physicians wishing to present a 5-minute oral testimony on agenda issues must register with the DFO by the date listed in the DATES section of this notice. Testimony is limited to agenda topics only. The number of oral testimonies may be limited by the time available. A written copy of the presenter's oral remarks must be submitted to the DFO for distribution to Council members for review before the meeting by the date listed in the DATES section of this notice. Physicians and medical organizations not scheduled to speak may also submit written comments to the DFO for distribution by the date listed in the DATES section of this notice. IV. Meeting Registration and Security Information The meeting is open to the public, but attendance is limited to the space available. Persons wishing to attend this meeting must register by contacting the DFO at the address listed in the ADDRESSES section of this notice or by telephone at
(410)786-6132 by the date specified in the DATES section of this notice. Since this meeting will be held in a Federal Government Building, the CMS Central Office, Federal security measures are applicable. In planning your arrival time, we recommend allowing additional time to clear security. To gain access to the building, participants will be required to show a government-issued photo identification (for example, driver's license, or passport), and must be listed on an approved security list before persons are permitted entrance. Persons not registered in advance will not be permitted into the CMS Central Office and will not be permitted to attend the Council meeting. All persons entering the building must pass through a metal detector. In addition, all items brought to the CMS Central Office, whether personal or for the purpose of presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for the purpose of presentation. Individuals requiring sign language interpretation or other special accommodation must contact the DFO via the contact information specified in the FOR FUTHER INFORMATION CONTACT section of this notice by the date listed in the DATES section of this notice. Authority: Section 1868 of the Social Security Act (42 U.S.C. 1395ee) and section 10(a) of Pub. L. 92-463 (5 U.S.C. App. 2, section 10(a)). Dated: July 8, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-17057 Filed 7-24-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Science Advisory Board to the National Center for Toxicological Research; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). At least one portion of the meeting will be closed to the public. *Name of Committee* : Science Advisory Board
(SAB)to the National Center for Toxicological Research (NCTR). *General Function of the Committee* : The Board advises the Director, NCTR, in establishing, implementing and evaluating the research programs that assist the Commissioner of Food and Drugs in fulfilling his responsibilities. The Board provides an extra-agency review in ensuring that the research programs at NCTR are scientifically sound and pertinent. *Date and Time* : The meeting will be held on August 12, 2008, from 8:30 a.m. to 4:30 p.m. and on August 13, 2008, from 8 a.m. to 1 p.m. *Location* : August 12, 2008, NCTR SAB Conference Room B-12, 3900 NCTR Dr., Jefferson, AR 72079. August 13, 2008, University of Arkansas for Medical Sciences, Stevens Spine Center, Hamlin Board Room, 501 Jack Stevens Dr., Little Rock, AR 72205. *Contact Person* : Margaret Miller, Designated Federal Official, National Center for Toxicological Research (HFT-10), Food and Drug Administration, 5600 Fishers Lane, rm. 9C-05, Rockville, MD 20857, 301-827-6693, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 301-451-2559. Please call the Information Line for up-to-date information on this meeting. A notice in the **Federal Register** about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the agency's Web site and call the appropriate advisory committee hot line/phone line to learn about possible modifications before coming to the meeting. *Agenda* : On August 12, 2008, the SAB will hear presentations from the NCTR Divisions that will update them on ongoing research activities. The SAB will be presented with the responses to two evaluations, one of the Division of Microbiology and one of the Division of Biochemical Toxicology. The evaluation of the Division of Microbiology was the product of an on-site review visit conducted of the Division in August 2007. The evaluation of the Division of Biochemical Toxicology was the product of an on-site review in April 2008. The responses will address the issues raised and recommendations made by the site visit teams. On August 13, 2008, the NCTR Director will provide a Center-wide update on scientific endeavors and will discuss the NCTR realignment and strategic focus. FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* , click on the year 2008 and scroll down to the appropriate advisory committee link. *Procedure* : On August 12, 2008, from 8:30 a.m. to 4:30 p.m., and August 13, 2008, from 8 a.m. to 10:30 a.m., the meeting is open to the public. Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before August 5, 2008. Oral presentations from the public will be scheduled on August 12, 2008, between approximately 12:30 p.m. to 1:30 p.m. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before August 1, 2008. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by August 4, 2008. *Closed Committee Deliberations* : On August 13, 2008, from approximately 11 a.m. to 1 p.m., the meeting will be closed to permit discussion where disclosure would constitute a clearly unwarranted invasion of personal privacy (5 U.S.C. 552b(c) (6)). This portion of the meeting will be closed to permit discussion of issues related to personnel progress and promotion. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Margaret Miller at least 7 days in advance of the meeting. FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at *http://www.fda.gov/oc/advisory/default.htm* for procedures on public conduct during advisory committee meetings. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: July 17, 2008. Randall W. Lutter, Deputy Commissioner for Policy. [FR Doc. E8-17136 Filed 7-24-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. T-Cell Enumeration Using Dried Blood Spots as a Surrogate for CD4+ T-Cell Counts To Monitor HIV+ Patients *Description of Technology:* Available for licensing and commercial development is a novel method for enumerating T-cells in HIV+ patients using dried blood spots, avoiding the need for fresh blood samples. The method relies on the distinctive nature of the TCR-β gene, which undergoes a rearrangement during T-cell development that is required to produce a functional T-cell receptor protein. Since only mature T-cells contain a rearranged TCR-β gene, the method quantifies the number of T-cells in a patient sample by quantifying the number of cells that contain a rearranged TCR-β gene. In addition to dried blood spots, the assay can be also used with a wide variety of sample types from which T-cell counts were previously impossible to obtain, such as swabs and tissue slides. In addition, this method can be used for monitoring of a variety of T-cell leukemias/lymphomas, and easily adapted to monitor B-cell levels found in B-cell leukemias/lymphomas. The assay was found to accurately predict TCR-β levels (r=0.985, p<0.0001), and to correlate well with known CD4 counts (r=0.670, p<0.0001). Therefore, this novel method can be used to monitor HIV infection in order to determine antiretroviral therapy
(ART)initiation and monitoring. A large international effort has been made to provide ART to the more then 33 million HIV+ people worldwide, but significant hurdles remain to large-scale implementation due to the lack of medical and laboratory infrastructure found in the developing world, where the majority of HIV+ individuals are found. In particular, a CD4 count, which requires fresh whole blood, a reliable cold-transport chain, and an expensive FACS based reader, is required to monitor patients and determine ART initiation. This requirement has become one of the largest impediments to expanding ART around the world. Therefore, this novel method provides a superior functional assay for HIV disease staging that does not require cold storage or fresh sample processing. Dried blood spots are an ideal sample collection method for large scale monitoring in the developing world due to the relatively simple manner in which samples can be obtained and the high stability of the sample in the absence of refrigeration. This method provides an easier and less expensive method for HIV monitoring for the developing world, and could be also used as an at home monitoring system for HIV-infected patients in developed countries. *Development Status:* Fully developed and testing in HIV+ subjects has been performed with successful results. *Inventors:* Andrew D. Redd and Thomas C. Quinn (NIAID). *Relevant Publication:* A manuscript describing the above technology will be available as soon as it is accepted for publication. *Patent Status:* U.S. Provisional Patent Application No. 61/131,954, filed 12 June 2008, entitled “Monitoring TCR-β to Determine HIV Therapy and Disease Progression” (HHS Reference No. E-203-2008/0-US-01). *Licensing Status:* Available for non-exclusive or exclusive licensing. *Licensing Contact:* Cristina Thalhammer-Reyero, PhD, MBA; 301-435-4507; *thalhamc@mail.nih.gov* . *Collaborative Research Opportunity:* The National Institute of Allergy and Infectious Diseases, Laboratory of Immunoregulation, International HIV and STD Unit, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize TCR-β enumeration to monitor HIV+ patients, as well as other diseases or syndromes in which T-cell monitoring is commonly performed. Please contact Andrew Redd, PhD, at 410-614-0813 or *aredd2@jhmi.edu* for more information. Metabolic Biomarkers Indicate Exposure to Gamma Radiation *Description of Technology:* Available for licensing and commercial development are methods of diagnosing exposure to gamma radiation in a mammal. Gamma radiation has both short-term and long-term adverse health effects including cancer. Urine samples collected from exposed mouse models irradiated at 0, 3, and 8 Gy (2.57 Gy/min) were analyzed by ultra-performance liquid chromatography-time of flight mass spectrometry (UPLC-TOFMS). Statistical analysis revealed that the following metabolomic markers were associated with exposure: 2′-deoxyxanthosine, xanthosine, 2′-deoxyuridine, 2′-deoxycytidine, N-hexanoylglycine and P-thymidine are urinary biomarkers of 3 and 8 Gy exposure. 3-hydroxy-2-methylbenzoic acid 3-O-sulfate and xanthine are elevated in urine of mice exposed to 3 but not 8 Gy, and taurine is elevated after 8 but not 3 Gy exposure. *Applications:* Radiation Exposure; Metabolomics. *Inventors:* Frank J. Gonzalez (NCI), John Tyburski (NCI), Kristopher Krausz (NCI), Andrew Patterson (NIGMS), *et al.* Publications: 1. Patterson AD, Li H, Eichler GS, Krausz KW, Weinstein JN, Fornace AJ, Gonzalez FJ, Idle JR. UPLC-ESI-TOFMS-based metabolomics and gene expression dynamics inspector self-organizing metabolomic maps as tools for understanding the cellular response to ionizing radiation. Anal Chem. 2008 Feb 1;80(3):665-674. 2. Tyburski JB, Patterson AJ, Krausz KW, Slavk J, Fornace AJ, Gonzalez FJ, Idle JR. Radiation metabolomics: Identification of minimally invasive urine biomarkers for gamma radiation exposure in mice. Radiat Res. 2008 Jul;170(1):1-14. *Patent Status:* U.S. Patent Application No. 12/121,208 filed 15 May 2008 (HHS Reference No. E-070-2008/0-US-01). *Licensing Status:* Available for licensing. *Licensing Contact:* Michael A. Shmilovich, Esq.; 301-435-5019; *shmilovm@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute, Laboratory of Metabolism, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize the development of biomarkers for radiation gamma exposure and cell damage. Please contact John D. Hewes, PhD, at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Dated: July 17, 2008. Richard U. Rodriguez, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-17021 Filed 7-24-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Prolactin Receptor Antibodies as a Diagnostic Marker and Therapeutic Agent for Cancer *Description of Technology:* Prolactin is a key hormone in the normal breast development and plays a role in the growth and development of other major organs such as the prostate. The biologic function of prolactin is mediated by specific receptors on the cell surface, with breast cancer cells containing more receptors than normal tissue. The prolactin receptor, a member of the large class-1 cytokine receptor superfamily, has three major isoforms that are cell associated. The specific isoform concentration and distribution determines biological activity and may determine susceptibility to antiprolactin drugs. This technology describes several antibodies, both polyclonal and monoclonal, to the prolactin receptor. These include antibodies to the three major isoforms: the long isoform (LF), two short isoforms (SF1a and SF1b), and the secreted form, prolactin receptor Δ7-11. These antibodies can be used for the diagnosis of prolactin sensitive tumors. Furthermore, the presence of the secreted prolactin receptor Δ7-11 may provide a blood test for prolactin responsive tumors. *Applications:* • Diagnostic tool for the detection of prolactin sensitive tumors. • Antibodies as a serum diagnostic in high-throughput assays. • Conjugated antibodies used in targeted therapy of cancer. *Market:* • In the U.S. over 2 million women have been treated for breast cancer and with more than 200,000 women diagnosed in the year 2007 alone. Breast cancer is the second leading cause of cancer death in women. • Prostate cancer is the most common type of cancer found in American men, and it has been estimated that there were more than 230,000 new cases in the U.S. in 2007. Prostate cancer is also the second leading cause of cancer death in men. *Development Status:* The technology is currently in the pre-clinical stage of development. *Inventors:* Barbara Vonderhaar, Erika Ginsburg, Paul Goldsmith (NCI). *Patent Status:* HHS Reference No. E-232-2008/0—Research Material. Patent protection is not being pursued for this technology. *Licensing Status:* Available for licensing. *Licensing Contact:* Whitney A. Hastings; 301-451-7337; *hastingw@mail.nih.gov* . *Collaborative Research Opportunity:* The National Cancer Institute, Mammary Biology and Tumorigenesis Laboratory is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize isoform specific antibodies to the human prolactin receptor. Please contact John D. Hewes, PhD, at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Mouse Embryonic Stem Cell-Based Functional Assay To Evaluate Mutations in BRCA2 *Description of Technology:* Mutations in breast cancer susceptibility genes BRCA1 and BRCA2 have up to an 80% life time risk in developing breast cancer. There are no “mutation hot spots” and to date, more than 1,500 different mutations have been identified in BRCA2. The absence of tumor cell lines expressing various mutant BRCA2 alleles has hindered evaluations to determine the functional differences between different mutations. A simple, versatile and reliable mouse embryonic stem cell and bacterial artificial chromosome based assay to generate cell lines expressing mutant human BRCA2 has been developed and it has been used to classify 17 sequence variants. Available for licensing are a wild-type and eleven mutant BRCA2 cell lines developed from this assay that have either truncations or point mutations. These cell lines may be used to evaluate the effect of DNA damaging agents, genotoxins and chemotherapeutic efficacy. *Applications:* • Research tool to generate and study BRCA2 mutations. • Method to screen for chemotherapeutics. • Method to evaluate DNA damaging agents. *Advantages:* Ready to use portfolio of BRCA2 mutant cell lines to study BRCA2 mutant functional analysis. *Market:* An estimated 180,510 new cases of breast cancer will be diagnosed and may cause 40,480 deaths in the U.S. in 2008. *Inventors:* Shyam K. Sharan and Sergey Kuznetsov (NCI). *Publication:* SG Kuznetsov *et al.* Mouse embryonic stem cell-based functional assay to evaluate mutations in BRCA2. Nat Med. 2008, in press. Published online 11 July 2008, doi:10.1038/nm.1719. *Patent Status:* HHS Reference No. E-261-2007/0—Research Tool. Patent protection is not being pursued for this technology. *Licensing Status:* Available for biological materials licensing only. *Licensing Contact:* Jennifer Wong;
(301)435-4633; *wongje@mail.nih.gov* . *Collaborative Research Opportunity:* The Mouse Cancer Genetics Program, Center for Cancer Research, National Cancer Institute, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize mouse embryonic stem cell lines suitable for functional analysis of BRCA2 variants. Please contact John D. Hewes, PhD, at 301-435-3121 or *hewesj@mail.nih.gov* for more information. Dated: July 17, 2008. Richard U. Rodriguez, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-17031 Filed 7-24-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Mental Health Special Emphasis Panel; ITMA/ITSP Conflicts. *Date:* July 28, 2008. *Time:* 12:30 p.m. to 3:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Christopher S. Sarampote, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6148, MSC 9608, Bethesda, MD 20892, 301-443-1959, *csarampo@mail.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Mental Health Special Emphasis Panel; Summer AIDS T32s. *Date:* July 31, 2008. *Time:* 1 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Henry J Haigler, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Rm. 6150, MSC 9608, Bethesda, MD 20892-9608, 301/443-7216, *hhaigler@mail.nih.gov* . . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Mental Health Special Emphasis Panel; AIDS Center Supplement. *Date:* August 4, 2008. *Time:* 1 p.m. to 2:30 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Henry J. Haigler, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Rm. 6150, MSC 9608, Bethesda, MD 20892-9608, 301/443-7216, *hhaigler@mail.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Award, Scientist Development Award for Clinicians, and Research Scientist Award; 93.282, Mental Health National Research Service Awards for Research Training, National Institutes of Health, HHS) Dated: July 18, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-17033 Filed 7-24-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Neurological Disorders and Stroke Special Emphasis Panel; K99 Member Conflict. *Date:* August 7, 2008. *Time:* 11 a.m. to 1 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* Joann McConnell, PhD, Scientific Review Administrator, Scientific Review Branch, NIH/NINDS/Neuroscience Center, 6001 Executive Blvd., Suite 3208, Msc 9529, Bethesda, MD 20892-9529,
(301)496-5324, *mcconnej@ninds.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Neurological Disorders and Stroke Special Emphasis Panel; R25 Review Panel. *Date:* August 12, 2008. *Time:* 8 a.m. to 5 p.m. *Agenda:* To review and evaluate grant applications. *Place:* The Westin Embassy Row, Washington, DC, 2100 Massachusetts Avenue, NW., Washington, DC 20008. *Contact Person:* Phillip F. Wiethorn, Scientific Review Administrator, DHHS/NIH/NINDS/DER/SRB, 6001 Executive Boulevard; Msc 9529, Neuroscience Center; Room 3203, Bethesda, MD 20892-9529,
(301)496-5388, *wiethorp@ninds.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. *Name of Committee:* National Institute of Neurological Disorders and Stroke Special Emphasis Panel; Epilepsy Clinical Trial. *Date:* August 22, 2008. *Time:* 9 a.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). *Contact Person:* William C. Benzing, PhD, Scientific Review Administrator, Scientific Review Branch, Division of Extramural Research, NINDS/NIH/DHHS/Neuroscience Center, 6001 Executive Boulevard, Suite 3204, Msc 9529, Bethesda, MD 20892,
(301)496-0660, *benzingw@mail.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS) Dated: July 18, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-17053 Filed 7-24-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket Number: DHS-2007-0040] Privacy Act of 1974; U.S. Customs and Border Protection—Border Crossing Information, Systems of Records AGENCY: Privacy Office; Department of Homeland Security. ACTION: Notice of Privacy Act system of records. SUMMARY: Pursuant to the Privacy Act of 1974, the Department of Homeland Security (DHS), U.S. Customs and Border Protection
(CBP)gives notice that it is establishing a distinct System of Records, Border Crossing Information (BCI). BCI will receive and maintain border crossing information on travelers who are admitted or paroled into the United States, this information includes: Certain biographical information; a photograph; certain itinerary information provided by air and sea carriers and any other forms of passenger transportation, including rail, which is or may subsequently be mandated, or is or may be provided on a voluntary basis; and the time and location of the border crossing. Previously, maintenance of this border crossing information was covered by the Treasury Enforcement Communications System
(TECS)“system of records notice.” See 66 FR 52984, dated October 18, 2001. As part of DHS's ongoing effort to increase transparency regarding the collection of information at the Department, as well as its efforts to specifically review the personally identifiable information maintained on the TECS information technology platform, DHS and CBP have identified different data sets that call for individual notice so as to provide appropriate routine uses, retention, and exemptions to the Privacy Act. This system of records notice does not identify or create any new collection of information, rather, the Department is providing additional notice and transparency with respect to the handling of an existing collection of information, by separately noticing its collection as a distinct system of records. DATES: Comments must be provided prior to August 25, 2008. The new system of records will be effective August 25, 2008. ADDRESSES: You may submit comments, identified by docket number DHS-2007-0040 by one of the following methods: • Federal e-Rulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • Fax: 1-866-466-5370. • Mail: Hugo Teufel III, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. • Instructions: All submissions received must include the agency name and docket number for this rulemaking. 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* . FOR FURTHER INFORMATION CONTACT: For general questions please contact: Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and Procedures Branch, U.S. Customs and Border Protection, Office of International Trade, Regulations & Rulings, Mint Annex, 1300 Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background The priority mission of U.S. Customs and Border Protection
(CBP)is to prevent terrorists and terrorists' weapons from entering the country while facilitating legitimate travel and trade. BCI will maintain border crossing information on travelers who are admitted or paroled into the United States, this information includes: Certain biographical information; a photograph (if available); certain itinerary information provided by air and sea carriers and any other forms of passenger transportation, including rail, which is or may subsequently be mandated, or is or may be provided on a voluntary basis; and the time and location of the border crossing. Previously, maintenance of this information was covered by the Treasury Enforcement Communications System
(TECS)“system of records notice.” See 66 FR 52984, dated October 18, 2001. As part of DHS's ongoing effort to increase transparency regarding the collection of information at the Department, as well as its efforts to specifically review the personally identifiable information maintained on the TECS information technology platform, DHS and CBP have identified different data sets that call for individual notices so as to provide appropriate routine uses, retention, and exemptions to the Privacy Act. This system of records notice does not identify or create any new collection of information; rather, the Department is providing additional notice and transparency with respect to the handling of an existing collection of information, by separately noticing it as a distinct system of records. CBP is the agency responsible for collecting and reviewing border crossing information from travelers entering and departing the United States. This is consistent with CBP's overall border security and enforcement missions. Upon arrival in the United States, all individuals crossing the border are subject to CBP processing. As part of this clearance process, each traveler entering the United States must first establish his or her identity, nationality, and admissibility to the satisfaction of a CBP officer. Additionally, CBP creates a record of the fact that the individual has been admitted or paroled into the United States at a particular time and port of entry. This record was previously covered by TECS system of records notice and will now be maintained in accordance with the privacy rules of this newly created Privacy Act System of Records Notice, BCI. The border crossing information identified below may be collected in a number of different ways. For example, information may be collected:
(1)From the travel documents presented by the individual at CBP Ports of Entry, such as foreign passports, where no advance notice of the border crossing has been provided to CBP;
(2)from carriers who submit information in advance of travel, through the Advance Passenger Information System
(APIS)(See DHS/CBP-005, August 23, 2007, 72 FR 48346);
(3)from a DHS system that validates a Trusted Traveler Program card, I-551 Permanent Resident Card, or immigration document;
(4)from non-federal governmental authorities that have issued valid travel documents approved by the Secretary of the Department of Homeland Security, such as an Enhanced Driver's License (EDL); or
(5)from another Federal Agency that has issued a valid travel document, such as Department of State Visa, Passport including Passport Card, or Border Crossing Card data. When a traveler is admitted or paroled into the U.S., a traveler's biographical information, photograph, where available, and crossing details (time and location) will be maintained in accordance with this BCI system of records. The information collected in BCI is authorized pursuant to the Enhanced Border Security and Visa Reform Act of 2002 (Pub. L. 107-173), Aviation and Transportation Security Act of 2001 (Pub. L. 107-71), the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub. L. 108-458), the Immigration and Naturalization Act, as amended (8 U.S.C. 215), and the Tariff Act of 1930, as amended (19 U.S.C. 66, 1433, 1454, 1485, 1624 and 2071) and much of the information can be found on routine travel documents that persons, passengers, and crewmembers currently provide to CBP when entering and departing the United States. BCI shall contain border crossing information, as that term is explained above, for all individuals who are admitted or paroled into the United States, regardless of method or conveyance, and information for all individuals who depart the United States by air or sea and, in certain circumstances, by land. In certain circumstances in the land environment, CBP will collect the individual's biographic data, either directly from an approved travel document presented by the traveler and/or by verifying the traveler's border crossing information against electronic records supporting certain documents, such as EDLs, determined by the Secretary of DHS to denote citizenship and identity in conformance with IRTPA. For certain air and sea carriers and any other forms of passenger transportation, including rail, which are or may subsequently be mandated to provide APIS, or provide such information on a voluntary basis, CBP will confirm the individual's data against such information previously submitted by carriers. For information collected from certain travel documents, for example a foreign or U.S. Passport, the CBP Officer will swipe the Machine Readable Zone
(MRZ)to populate the border crossing record for an individual. For records first collected through APIS, the BCI record will contain all the data of the APIS record (including complete name, date of birth, travel document type (e.g., passport), travel document number and travel document country of issuance) as well as information pertaining to the instance of the border crossing (for example, airport or place of embarkation, where the person began their travel to the United States; for persons destined for the U.S., the location where the person underwent CBP clearance). Such data will also be maintained in accordance with the APIS SORN, DHS/CBP-005 August 23, 2007 72 FR 48349. For records first collected through the Non-Federal Entity Data System (NEDS), a new system of records being published concurrently in today's **Federal Register** , biographic data elements and photographs collected by the authority issuing the travel document will be transferred from NEDS, displayed in TECS, and then recorded in BCI as border crossing information at the time an individual is admitted or paroled into the United States. In the instance of data being transferred from NEDS, the biographical data and photograph will be first collected from the traveler by the issuing authority of the respective travel document and then provided to CBP, which will store a copy of that data in the system of records described by the NEDS SORN. At the time of arrival at the border, the travel document, either through a CBP Radio Frequency Identification
(RFID)Reader reading a unique RFID number from the RFID chip contained in the travel document, or through the CBP Machine Reader reading the MRZ of the travel document, will be used to retrieve the biographical data and photograph associated with the travel document from NEDS and populate a record in BCI, following admission/parole, to permit CBP to electronically verify identity and citizenship, to perform law enforcement queries to identify security risks to the United States and to expedite CBP processing upon arrival in and prior to departure from the United States. Upon admission/parole of the individual by CBP at the United States border or its functional equivalent, a record of the crossing will be created in BCI. Prior to admission/parole and during the process of inspecting the individual, information relating to identity and citizenship is compiled by the CBP in TECS, as part of the screening process to determine admissibility. For records where traveler-specific information is accessed from a non-federal authority's travel document database at the time of the traveler's crossing, the biographical data and photograph will be first collected from the traveler by the issuing authority of the respective travel document and the issuing authority will maintain its own travel document database; the data from such issuing authorities will not reside in NEDS. At the time of arrival at the border, the travel document, either through a CBP RFID Reader reading the RFID number from the RFID chip contained in the travel document, or through the CBP Machine Reader reading the MRZ of the travel document, will be used to access that traveler's biographic data and photograph, displaying it in TECS; upon admission to the United States, that data will be recorded in BCI. CBP also uses this information to perform law enforcement queries to identify security risks to the United States and to expedite CBP border processing. For records where the information is provided by another component of DHS or another federal government authority, such as the State Department's Visa and Passport database or USCIS Permanent Resident Card data, the information will be transferred from the federal authority's or DHS's system of records, displayed in TECS, and then used to create a record in BCI at the time of admission or parole into the United States. Technically, in the case of information obtained from the Department of State and Citizenship and Immigration Services (CIS), the information is maintained on the TECS IT Platform to improve the efficiency of the processing time at the border, but the information follows the State Department's or USCIS's system of records notices until the individual is admitted or paroled into the United States, at which point the information will by handled consistent with the BCI system of records notice, or that of any other DHS systems (such as TECS) in which it may be recorded. BCI does not constitute a new collection of biographic information by DHS or CBP. DHS and CBP are providing additional notice and transparency with respect to the functionality of an existing operational process. The information storage functions of BCI were previously handled as a sub-module within TECS and covered by the TECS “system of records notice.” See 66 FR 52984. II. Privacy Act The Privacy Act embodies fair information principles in a statutory framework governing the means by which the United States Government collects, maintains, uses and disseminates personally identifiable information. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass United States citizens and lawful permanent residents. DHS extends administrative Privacy Act protections to all persons where information is maintained in the same system on U.S. citizens, lawful permanent residents, and non-immigrant aliens. BCI involves the collection of information that will be maintained in a system of records. The Privacy Act requires each agency to publish in the **Federal Register** a description denoting the type and character of each system of records that the agency maintains, and the routine uses that apply to each system to make agency recordkeeping practices transparent, to notify individuals regarding the uses to which personally identifiable information is put, and to assist the individual to more easily find such files within the agency. DHS is hereby publishing a description of the Border Crossing Information, system of records. In accordance with 5 U.S.C. 552a(r), a report concerning this record system has been sent to the Office of Management and Budget and to the Congress. DHS/CBP-007 SYSTEM NAME: Border Crossing Information (BCI). SYSTEM LOCATION: This computer database is located at the U.S. Customs and Border Protection
(CBP)National Data Center currently, but will move to a DHS Data Center in the future. Access to the border crossing data is available from locations throughout the Department of Homeland Security and other locations at which DHS authorized personnel may be posted to facilitate DHS's mission. Terminals may also be located at appropriate facilities for other participating government agencies, which have obtained system access pursuant to a Memorandum of Understanding. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by BCI consist of persons, including U.S. Citizens, Lawful Permanent Residents, and non-immigrant aliens who lawfully cross the United States border by air, land or sea, regardless of method of transportation or conveyance. CATEGORIES OF RECORDS IN THE SYSTEM: The database is comprised of personally identifiable information pertaining to persons, including travelers and crew members who arrive in and are admitted/paroled, and, in certain circumstances, depart from (when departure information is available) the United States (including those entering the United States only for purposes of transiting through the country). The information that may be stored in BCI includes: • Full name (First, Middle, and Last) • Date of birth • Gender • Travel document type (e.g., passport information, permanent resident card, Trusted Traveler Program card, etc.), number, issuing country or entity, and expiration date • Photograph (where available) • Country of citizenship • RFID tag number(s) (if land/sea border crossing) • Date/time of crossing • Lane for clearance processing • Location of crossing • Secondary Examination Status • License Plate number (or Vehicle Identification Number (VIN), if no plate exists; only for land border crossings) Where applicable, information derived from an associated APIS transmission, will be stored with an individual's border crossing record including: The airline carrier code, flight number, vessel name, vessel country of registry/flag, International Maritime Organization number or other official number of the vessel, voyage number, date of arrival/departure, foreign airport/port where the passengers and crew members began their air/sea transportation to the United States; for passengers and crew members destined for the United States, the location where the passenger and crew members will undergo customs and immigration clearance by CBP; and for passengers and crew members that are transiting through (and crew on flights over flying) the United States and not clearing CBP, the foreign airport/port of ultimate destination, and status on board (whether an individual is crew or non-crew); and for passengers and crew departing the United States, the final foreign airport/port of arrival. To the extent APIS may be transmitted by private aircraft operators and carriers operating in the land border environment, either voluntarily or pursuant to a future legal mandate, similar information may also be recorded in BCI with regard to such travel. In the land border environment for both arrival and departure (when departure information is available), the License Plate number of the conveyance (or VIN number where no plate exists) is also collected. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The legal authority for BCI is the Enhanced Border Security and Visa Reform Act of 2002, Pub. L. No. 107-173, 116 Stat. 543 (2002), Aviation and Transportation Security Act of 2001, Pub. L. No. 107-71, 115 Stat. 597 (2001), Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. No. 108-458, 118 Stat. 3638 (2004), The Immigration and Nationality Act, 8 U.S.C. 1185 and 1354 and The Tariff Act of 1930, as amended, 19 U.S.C. 66, 1433, 1454, 1485, 1624 and 2071. PURPOSE: CBP collects and maintains this information to assist in screening persons arriving in or departing from the United States to determine identity, citizenship, and admissibility and identify persons who may be or are suspected of being a terrorist or having affiliations to terrorist organizations, have active warrants for criminal activity, are currently inadmissible or have been previously deported from the United States, or have been otherwise identified as potential security risks or raise a law enforcement concern. For non-immigrant aliens, the information is also collected and maintained in order to ensure that the information related to a particular border crossing is available for providing any applicable benefits related to immigration or other enforcement purposes. Lastly, CBP maintains this information in BCI to retain a historical record of persons crossing the border for law enforcement, counterterrorism, and benefits processing. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: A. To appropriate Federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, or license, where CBP believes the information would assist enforcement of civil or criminal laws or regulations; B. To a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in response to a subpoena, or in connection with criminal proceedings; C. To third parties during the course of a law enforcement investigation to the extent necessary to obtain information pertinent to the investigation, provided disclosure is appropriate to the proper performance of the official duties of the officer making the disclosure; D. To an agency, organization, or individual for the purposes of performing audit or oversight operations as authorized by law; but only such information as is necessary and relevant to such audit or oversight function. E. To a Congressional office, for the record of an individual in response to an inquiry from that Congressional office made at the request of the individual to whom the record pertains; F. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal government, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to DHS officers and employees; G. To an organization or individual in either the public or private sector, either foreign or domestic, where there is a reason to believe that the recipient is or could become the target of a particular terrorist activity or conspiracy, to the extent the information is relevant to the protection of life or property and disclosure is appropriate to the proper performance of the official duties of the person making the disclosure; H. To the United States Department of Justice (including United States Attorney offices) or other Federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when it is necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:
(1)DHS, or
(2)any employee of DHS in his/her official capacity, or
(3)any employee of DHS in his/her individual capacity where DOJ or DHS has agreed to represent said employee, or
(4)the United States or any agency thereof; I. To the National Archives and Records Administration or other Federal government agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. Sections 2904 and 2906; J. To an appropriate Federal, state, local, tribal, foreign, or international agency, if the information is relevant and necessary to a requesting agency's decision concerning the hiring or retention of an individual, or issuance of a security clearance, license, contract, grant, or other benefit, or if the information is relevant and necessary to a DHS decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant or other benefit and when disclosure is appropriate to the proper performance of the official duties of the person making the request; K. To appropriate Federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations, for purposes of assisting such agencies or organizations in preventing exposure to or transmission of a communicable or quarantinable disease or for combating other significant public health threats; L. To Federal and foreign government intelligence or counterterrorism agencies or components where CBP becomes aware of an indication of a threat or potential threat to national or international security, or where such use is to assist in anti-terrorism efforts and disclosure is appropriate to the proper performance of the official duties of the person making the disclosure; M. To appropriate Federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations, under the terms of a memorandum of understanding or agreement, where CBP is aware of a need to utilize relevant data for purposes of testing new technology and systems designed to enhance border security or identify other violations of law; N. To appropriate agencies, entities, and persons when
(1)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised;
(2)the Department 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, harm to the security or integrity of this system or other systems or programs (whether maintained by CBP or another agency or entity), or harm to the individual that rely upon the compromised information; and
(3)the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist in connection with the CBP's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm; O. To the news media and the public and as appropriate, when there exists a legitimate public interest in the disclosure of the information or when disclosure is necessary to preserve confidence in the integrity of or is necessary to demonstrate the accountability of officers, employees, or individuals covered by the system, except to the extent it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. Disclosure to consumer reporting agencies: None. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The data is stored electronically at the CBP Data Center and in the future at a DHS Data Center for current data and offsite at an alternative data storage facility for historical logs and system backups. RETRIEVABILITY: The data is retrievable by name or personal identifier from an electronic database. SAFEGUARDS: All BCI records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include all of the following: Restricting access to those with a “need to know”; using locks, alarm devices, and passwords; compartmentalizing databases; auditing software; and encrypting data communications. BCI information is secured in full compliance with the requirements of the DHS IT Security Program Handbook as part of the TECS information technology platform. This handbook establishes a comprehensive program, consistent with federal law and policy, to provide complete information security, including directives on roles and responsibilities, management policies, operational policies, and application rules, which will be applied to component systems, communications between component systems, and at interfaces between component systems and external systems. One aspect of the DHS comprehensive program to provide information security involves the establishment of rules of behavior for each major application, including BCI, which is maintained on the TECS IT platform. These rules of behavior require users to be adequately trained regarding the security of their systems. These rules also require a periodic assessment of technical, administrative and managerial controls to enhance data integrity and accountability. System users must sign statements acknowledging that they have been trained and understand the security aspects of their systems. System users must also complete annual privacy awareness training to maintain current access. BCI transactions are tracked and can be monitored. This allows for oversight and audit capabilities to ensure that the data is being handled consistent with all applicable federal laws and regulations regarding privacy and data integrity. Data exchange, which will take place over an encrypted network between CBP and other DHS components that have access to the BCI data, is limited and confined only to those entities that have a need for the data in the performance of official duties. These encrypted networks comply with standards set forth in the Interconnection Security Agreements required to be executed prior to external access to a CBP computer system. RETENTION AND DISPOSAL: BCI data is subject to a retention requirement. CBP will be working with NARA to develop the appropriate retention schedule based on the information below. The information, as collected and maintained in BCI, is used for the purposes described above. For persons CBP determines to be U.S. Citizens
(USC)and Lawful Permanent Residents (LPR), information in BCI that is related to a particular border crossing is maintained for fifteen years from the date that the traveler was admitted or paroled into the U.S., at which time it is deleted from BCI. For non-immigrant aliens, the information will be maintained for seventy-five
(75)years from the date of admission/parole into the U.S. in order to ensure that the information related to a particular border crossing is available for providing any applicable benefits related to immigration or for other law enforcement purposes. For non-immigrant aliens who become United States citizens or LPRs following a border crossing that leads to the creation of a record in BCI, the information related to border crossings prior to that change in status will follow the 75-year retention period, but all information regarding border crossing by such persons following their change in status will follow the 15-year retention period applicable to USCs and LPRs. However, for all travelers, BCI records that are linked to active law enforcement lookout records, CBP matches to enforcement activities, and/or investigations or cases will remain accessible for the life of the primary records for the law enforcement activities to which they may be or become related, to the extent retention for such purposes exceeds the normal retention period for such data in BCI. SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Automated Systems, U.S. Customs and Border Protection Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 20229. NOTIFICATION PROCEDURES: DHS allows persons (including foreign nationals) to seek administrative access under the Privacy Act to information maintained in BCI. To determine whether BCI contains records relating to you, write to the CBP Customer Service Center (Rosslyn, VA), 1300 Pennsylvania Avenue, NW., Washington, DC 20229; Telephone
(877)227-5511; or through the “Questions” tab at *http://www.cbp.gov.xp.cgov/travel/customerservice* . When seeking records about yourself from this system of records or any other Departmental system of records your request must conform with the Privacy Act regulations set forth in 6 CFR part 5. You must first verify your identity, meaning that you must provide your full name, current address, date of birth, and travel document (type and number) used for the crossing. You must sign your request, and your signature must either be notarized or submitted by you under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Director, Disclosure and FOIA, *http://www.dhs.gov* or 1-866-431-0486. In addition you should provide the following: • An explanation of why you believe the Department would have information on you, • Identify which component(s) of the Department you believe may have the information about you, • Specify when you believe the records would have been created, • Provide any other information that will help the FOIA staff determine which DHS component agency may have responsive records, and • If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records. Without this bulleted information the component(s) will not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations. RECORD ACCESS PROCEDURES: Requests for notification or access must be in writing and should be addressed to the CBP Customer Service Center (Rosslyn VA), 1300 Pennsylvania Avenue, NW., Washington, DC 20229; Telephone
(877)227-5511; or through the “Questions” tab at *http://www.cbp.gov.xp.cgov/travel/customerservice.* Requests should conform to the requirements of 6 CFR part 5, subpart B, which provides the rules for requesting access to Privacy Act records maintained by DHS and can be found at *http://www.dhs.gov.* The envelope and letter should be clearly marked “Privacy Act Access Request.” The request should include a general description of the records sought and must include the requester's full name, current address, and date and place of birth. The request must be signed and either notarized or submitted under penalty of perjury. CONTESTING RECORD PROCEDURES: Requests to amend a record must be in writing and should be addressed to the CBP Customer Service Center (Rosslyn VA), 1300 Pennsylvania Avenue, NW., Washington, DC 20229; Telephone
(877)227-5511; or through the “Questions” tab at *http://www.cbp.gov.xp.cgov/travel/customerservice.* Requests should conform to the requirements of 6 CFR part 5, subpart B, which provides the rules for requesting access to Privacy Act records maintained by DHS and can be found at *http://www.dhs.gov/foia.* The envelope and letter should be clearly marked “Privacy Act Access Request.” The request should include a general description of the records sought and must include the requester's full name, current address, and date and place of birth. The request must be signed and either notarized or submitted under penalty of perjury. If individuals are uncertain what agency handles the information, they may seek redress through the DHS Traveler Redress Program (“TRIP”) (See 72 FR 2294, dated January 18, 2007). DHS TRIP is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs—like airports, seaports and train stations or at U.S. land borders. Through DHS TRIP, a traveler can request correction of erroneous data in other DHS databases through one application. Redress requests should be sent to: DHS Traveler Redress Inquiry Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA 22202-4220 or online at *http://www.dhs.gov/trip.* RECORD SOURCE CATEGORIES: The system contains certain data received concerning individuals who arrive in, depart from, or transit through the United States. This system also contains information collected from carriers that operate vessels, vehicles, aircraft and/or trains that enter or exit the United States, including private aircraft operators. EXEMPTIONS CLAIMED FOR THE SYSTEM: No exemption shall be asserted with respect to information maintained in the system at it relates to the border crossing, to the extent that such information was provided by the individual or carrier or an issuing authority in connection with a border crossing. This system, however, may contain records or information pertaining to the accounting of disclosures made from BCI to other law enforcement or intelligence agencies (Federal, State, Local, Foreign, International or Tribal) in accordance with the published routine uses or statutory basis for disclosure under 5 U.S.C. 5(b). For the accounting of these disclosures only, in accordance with 5 U.S.C. 552a(j)(2), and (k)(2), DHS will claim the original exemptions for these records or information from subsection (c)(3), (e)(8), and
(g)of the Privacy Act of 1974, as amended, as necessary and appropriate to protect such information. Dated: July 18, 2008. Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8-17123 Filed 7-24-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket Number: DHS-2007-0016] Privacy Act of 1974; U.S. Customs and Border Protection—Non-Federal Entity Data System, Systems of Records AGENCY: Privacy Office; Department of Homeland Security. ACTION: Notice of Privacy Act system of records. SUMMARY: In accordance with the Privacy Act of 1974, U.S. Customs and Border Protection, Department of Homeland Security proposes to add the following system of records to its inventory of records systems, the Non-Federal Entity Data System. Certain States, Native American Tribes, Canadian Provinces and Territories, and other non-Federal Governmental Authorities may make available travel documents, such as Enhanced Driver's Licenses (EDLs), that may be deemed by the Secretary of DHS as denoting identity and citizenship for purposes of the Western Hemisphere Travel Initiative (WHTI), upon implementation, as mandated by the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458, 118 Stat. 3638 (2004). It is anticipated that all such documents will utilize facilitative technology such as Radio Frequency Identification (RFID), and contain a Machine Readable Zone
(MRZ)using Optical Character Recognition
(OCR)technology. In certain instances, other non-federal and foreign government authorities may provide to CBP biographical information and photographs that have been voluntarily submitted to the issuing entity by individuals choosing to apply for such travel documents, with the understanding that this information will be provided to DHS and CBP. DHS will use this information to facilitate the validation of travel documents when an individual crosses the border. DATES: Comments must be provided by August 25, 2008. The new system of records will be effective August 25, 2008. ADDRESSES: You may submit comments, identified by docket number DHS-2008-0016 by one of the following methods: • Federal e-Rulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • Fax: 1-866-466-5370. • Mail: Hugo Teufel III, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. • Instructions: All submissions received must include the agency name and docket number for this rulemaking. 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.* FOR FURTHER INFORMATION CONTACT: For general questions please contact: Laurence E. Castelli (202-572-8790), Chief, Privacy Act Policy and Procedures Branch, U.S. Customs and Border Protection, Office of International Trade, Regulations & Rulings, Mint Annex, 1300 Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues contact: Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background The priority mission of U.S. Customs and Border Protection
(CBP)is to prevent terrorists and terrorist weapons from entering the country while facilitating legitimate travel and trade. In response to this mission, Congressionally mandated, and as part of its efforts to secure the border, CBP and the Department of Homeland Security
(DHS)plan to implement the Western Hemisphere Travel Initiative (WHTI), which eliminates a historical exemption that allowed certain travelers, notably U.S. and Canadian citizens, to enter the United States from within the Western Hemisphere without presenting a valid passport or other approved travel document. In advance of full WHTI implementation, DHS is working to close existing security gaps at the earliest possible opportunity, such as the implementation of new procedures for U.S. and Canadian citizens entering the U.S. that became effective January 31, 2008, and to prepare new secure travel document requirements that are expected to go into effect upon full WHTI implementation on June 1, 2009. To facilitate border crossing for their citizens, certain states, Native American tribes, Canadian provinces and territories and other non-federal governmental authorities may make available to CBP biographical information and photographs associated with travel documents, such as Enhanced Driver's Licenses (EDLs). EDLs utilize facilitative technology such as RFID and contain a Machine Readable Zone
(MRZ)using Optical Character Recognition
(OCR)technology; they denote both identity and citizenship for border-crossing purposes. In certain instances, non-federal governmental authorities are choosing to provide to CBP biographical information and photographs that applicants for EDLs or similar travel documents have provided voluntarily to the issuing entity, with the understanding that such information will be stored by CBP for purposes of facilitating the document holder's crossing of the border. When a traveler presents such a document for purposes of entering the United States, CBP may validate this document and the information provided by the traveler, against the information provided to CBP by the issuing authority. Therefore, in accordance with the Privacy Act of 1974, the Department of Homeland Security, U.S. Customs and Border Protection, proposes to add the following system of records to its inventory of records systems, the Non-Federal Entity Data System (NEDS). II. Current Process for Border Crossing Upon arrival, all individuals crossing the border are required to submit to inspection and be cleared for admission by CBP. As part of this clearance process, each traveler entering the United States must first establish his or her identity, nationality/citizenship, and admissibility to the satisfaction of a CBP officer. Additionally, CBP records the fact that the individual has been admitted or paroled into the United States. This record is maintained in a newly created Privacy Act System of Records, Border Crossing Information (BCI), which is being concurrently published in today's **Federal Register** . DHS has determined that certain border crossing travel documents enabled with RFID, MRZ and OCR technology will be accepted as proof of identity and citizenship and, further, may be accepted as WHTI-compliant travel documents upon implementation of WHTI. The purpose of the Non-Federal Entity Data System
(NEDS)is to have available to the CBP officer at the border the data related to certain border crossing travel documents. This will enable the CBP officer to quickly access the traveler's biographic information and photograph, when the traveler presents his or her border crossing travel document, to validate the authenticity of the travel document. Certain non-federal governmental authorities will choose to provide CBP with a copy of information derived from their EDL (or other traveler document) database, that denotes identity and citizenship, and can be used by CBP to validate the travel document. The datasets from each issuing authority will be kept separately such that information from one issuing authority is not commingled with another's information. CBP may electronically validate the following information, where available, and record this information as part of the traveler's border crossing record: Full name (first, middle, and last), date of birth, gender, travel document type (e.g., EDL) and number or identifier, expiration date, issuing country or jurisdiction, country of citizenship, and photograph (when available). Where the issuing entity provides CBP with an advance copy of information from their travel document database, that data will be maintained in NEDS. Upon arrival at the border, a person presenting proof of identity or citizenship issued by a non-federal governmental authority will have the identifier associated with her or his border crossing travel document read by the appropriate technology, such as an RFID reader, or the document information will be read using the MRZ or will be entered manually by the CBP officer. The identifier associated with this travel document will be transmitted through secure CBP computer networks to NEDS, where the unique number will be associated with the respective biographic information and photograph held in that system. The associated biographic information and photograph is then transmitted back through secure CBP computer networks to the port of entry and inspection terminal where the border crossing travel document was first read for confirmation that the document is a valid document and belongs to the person presenting the document to the CBP officer. In cases where a traveler presents a federally issued travel document, such as a Visa, Passport or Passport card, or Border Crossing Card
(BCC)issued by Department of State, or an I-551 Permanent Resident Card issued by U.S. Citizenship and Immigration Services (USCIS), DHS will validate the travel document through the use of systems or databases other than NEDS. NEDS is only employed when the travel document is issued by a non-federal government authority and that authority has provided CBP with advance information for purposes of validating such documents at the time of a U.S. border crossing. The data housed in NEDS is then used to populate biographical data fields contained in two other CBP systems, BCI (to record the entry of a traveler into the United States) and, where applicable, the Treasury Enforcement Communications System
(TECS)(in the event some enforcement action is taken with regard to that traveler). The traveler information held in NEDS is used by CBP to facilitate implementation of its mandates pursuant to the Enhanced Border Security and Visa Reform Act of 2002, Aviation and Transportation Security Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, the Tariff Act of 1930, as amended (19 U.S.C. 66, 1433, 1459, 1624, and 2071), and the Immigration and Nationality Act, as amended (8 U.S.C. 1185). The information held within NEDS will be maintained and used in accordance with the individual memorandum of understanding/agreement with each issuing authority. III. Privacy Act The Privacy Act embodies fair information principles in a statutory framework governing the means by which the United States Government collects, maintains, uses and disseminates personally identifiable information. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass United States citizens and lawful permanent residents. DHS extends administrative Privacy Act protections to all persons, whether they are U.S. citizens, lawful permanent residents, or non-immigrant aliens. The Non-Federal Entity Data System involves the collection of information that will be maintained in a system of records. The Privacy Act requires each agency to publish in the **Federal Register** a description denoting the type and character of each system of records that the agency maintains, and the routine uses that are applicable to each system to make agency recordkeeping practices transparent, to notify individuals regarding the uses to which personally identifiable information is put, and to assist the individual to more easily find such files within the agency. In consideration of privacy, CBP has limited the sharing of NEDS data to the statutory disclosures permitted under 5 U.S.C. 552a(b) of the Privacy Act, and has chosen not to publish any routine uses pursuant to 5 U.S.C. 552a(b)(3). This provides an individual possessing an approved travel document, such as EDL, whose data is shared with CBP prior to crossing the border with a similar level of privacy as the individual whose data is shared at the time of crossing with CBP. DHS is hereby publishing a description of the Non-Federal Entity Data System, system of records. In accordance with 5 U.S.C. 552a(r), a report concerning this record system has been sent to the Office of Management and Budget and to the Congress. DHS/CBP-008 SYSTEM NAME: Non-Federal Entity Data System (NEDS). SYSTEM LOCATION: These datasets are located at the U.S. Customs and Border Protection
(CBP)National Data Center. Computer terminals receiving the data are located at customhouses, border ports of entry, airport inspection facilities under the jurisdiction of the Department of Homeland Security and other locations at which DHS authorized personnel may be posted to facilitate DHS's mission. Terminals may also be located at appropriate facilities for other participating government agencies, which have obtained system access pursuant to a Memorandum of Understanding. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by NEDS consist of persons, including U.S. Citizens and Canadian Citizens who have been issued Enhanced Driver's Licenses
(EDL)or certain other travel documents by participating authorities, such as certain States, Native American Tribes, and Canadian Provinces and Territories, where the issuing authority has chosen to provide CBP with advance information from their databases regarding the EDL or other travel document. Individuals holding travel documents issued by authorities that do not provide CBP with a copy of this information (or only provide CBP with real-time access to document-specific information in their databases at the time such document is presented for border crossing purposes) are not covered by NEDS, as the information underlying their travel document has not been provided in advance to CBP. CATEGORIES OF RECORDS IN THE SYSTEM: NEDS will contain the following information, to the extent provided to CBP by the participating document-issuing authority: • Full Name (first, middle, and last) • Date of birth • Gender • Citizenship • Digital Image (Photograph) • Travel document type, e.g. Enhanced Driver's License
(EDL)• Issuing jurisdiction • Expiration date • Optical character read
(OCR)identifier • RFID tag number(s) AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The legal authority for NEDS is the Enhanced Border Security and Visa Reform Act of 2002, Pub. L. 107-173, 116 Stat. 543 (2002), Aviation and Transportation Security Act of 2001, Pub. L. 107-71, 115 Stat. 597 (2001), Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458, 118 Stat. 3638 (2004), The Immigration and Nationality Act, 8 U.S.C. 1185 and 1354, and The Tariff Act of 1930, as amended, 19 U.S.C. 66, 1433, 1459, 1624 and 2071, as well as the memoranda of understanding/agreement entered into with participating issuing authorities who are providing the data with which NEDS is populated. PURPOSE: CBP collects this information to expedite CBP processing upon an individual's arrival in and, in certain instances, prior to the individual's departure from the United States. This information will allow CBP, upon presentation of the travel document at the border, to electronically verify identity and citizenship, determine admissibility and perform law enforcement queries to identify security risks to the United States. This information is maintained in accordance with this system of records notice and applicable memoranda of understanding/agreement with the issuing authorities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: The use of this information is limited, principally to the verification of travel document information used to denote identity and citizenship so as to determine admissibility to the United States. To the extent data derived from NEDS is subsequently transferred to other systems of record (e.g., upon presentment of a travel document in conjunction with a border crossing), that data may be used in a manner consistent with the system of records notice published for the receiving system of records. In consideration of privacy, CBP has limited the sharing of NEDS data to the statutory disclosures permitted under 5 U.S.C. 552a(b) of the Privacy Act, and has chosen not to publish routine uses pursuant to 5 U.S.C. 522a(b)(3). This provides an individual possessing an approved travel document, such as EDL, whose data is shared with CBP prior to crossing the border with a similar level of privacy protection as the individual whose data is shared with CBP at the time of such crossing. Disclosure to consumer reporting agencies: None. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The data is stored electronically at the CBP Data Center for current data and offsite at an alternative data storage facility for historical logs and system backups. RETRIEVABILITY: The data is retrievable by name, optical character recognition identifier, RFID tag number, or personal identifier from an electronic set of data. SAFEGUARDS: All NEDS records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include all of the following: Restricting access to those with a “need to know”; using locks, alarm devices, and passwords; compartmentalizing databases; auditing software; and encrypting data communications. NEDS information is secured in full compliance with the requirements of the DHS IT Security Program Handbook. This handbook establishes a comprehensive program, consistent with federal law and policy, to provide complete information security, including directives on roles and responsibilities, management policies, operational policies, and application rules, which will be applied to component systems, communications between component systems, and at interfaces between component systems and external systems. One aspect of the DHS comprehensive program to provide information security involves the establishment of rules of behavior for each major application, including NEDS. These rules of behavior require users to be adequately trained regarding the security of their systems. These rules also require a periodic assessment of technical, administrative and managerial controls to enhance data integrity and accountability. System users must sign statements acknowledging that they have been trained and understand the security aspects of their systems. System users must also complete annual privacy awareness training to maintain current access. NEDS transactions are tracked and can be monitored. This allows for oversight and audit capabilities to ensure that the data is being handled consistent with all applicable federal laws and regulations regarding privacy and data integrity. Data exchange, which will take place over an encrypted network between CBP and other DHS components that may be authorized to have access to NEDS data, is limited and confined only to those entities that have a need for the data in the performance of official duties. RETENTION AND DISPOSAL: NEDS data is subject to a retention requirement. The information collected and maintained in NEDS is used for border crossing purposes and is retained in NEDS for the duration of the validity of the travel document, that is from the date of issuance by the issuing authority until the date of expiration on the document, or, to the extent more restrictive, in accordance with the terms of any memorandum of understanding/agreement between CBP and the issuing authority. Information contained in NEDS will be retained and updated as information is provided by the issuing authority, so as to ensure timeliness, relevancy, accuracy, and completeness. SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Automated Systems, U.S. Customs and Border Protection Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 20229. NOTIFICATION PROCEDURES: DHS allows persons (including foreign nationals) to seek administrative access under the Privacy Act to information maintained in NEDS. To determine whether NEDS contains records relating to you, write to the CBP Customer Service Center (Rosslyn VA), 1300 Pennsylvania Avenue, NW., Washington, DC 20229; Telephone
(877)227-5511; or through the “Questions” tab at *http://www.cbp.gov.xp.cgov/travel/customerservice.* RECORD ACCESS PROCEDURES: Requests for notification or access must be in writing and should be addressed to the CBP Customer Service Center (Rosslyn, VA), 1300 Pennsylvania Avenue, NW., Washington, DC 20229; Telephone
(877)227-5511; or through the “Questions” tab at *http://www.cbp.gov.xp.cgov/travel/customerservice.* Requests should conform to the requirements of 6 CFR part 5, Subpart B, which provides the rules for requesting access to Privacy Act records maintained by DHS and can be found at *http://www.dhs.gov.* The envelope and letter should be clearly marked “Privacy Act Access Request.” The request should include a general description of the records sought and must include the requester's full name, current address, and date and place of birth. The request must be signed and either notarized or submitted under penalty of perjury. While DHS provides this mechanism for seeking notification and access to such information, requesters are encouraged in the first instance to contact the authority which issued the travel document to request access to this information, as DHS may nonetheless be required to coordinate any release with such authorities. CONTESTING RECORD PROCEDURES: Requests to amend records must be in writing and should be addressed to the CBP Customer Service Center (Rosslyn, VA), 1300 Pennsylvania Avenue, NW., Washington, DC 20229; Telephone
(877)227-5511; or through the “Questions” tab at *http://www.cbp.gov.xp.cgov/travel/customerservice.* Requests should conform to the requirements of 6 CFR part 5, subpart B, which provides the rules for requesting access to Privacy Act records maintained by DHS and can be found at *http://www.dhs.gov/foia.* The envelope and letter should be clearly marked “Privacy Act Access Request.” The request should include a general description of the records sought and must include the requester's full name, current address, and date and place of birth. The request must be signed and either notarized or submitted under penalty of perjury. If individuals are uncertain what agency handles the information, they may seek redress through the DHS Traveler Redress Program (“TRIP”) (See 72 FR 2294, dated January 18, 2007). TRIP is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs—such as, airports, seaports and train stations or at U.S. land borders. Through TRIP, a traveler can request correction of erroneous information stored in other DHS databases through one application. Redress requests should be sent to: DHS Traveler Redress Inquiry Program (TRIP), 601 South 12th Street, TSA-901, Arlington, VA 22202-4220 or online at *http://www.dhs.gov/trip.* Additionally, while DHS provides this mechanism for contesting records, requesters are encouraged in the first instance to contact the authority which issued the travel document to request access to this information, as DHS may nonetheless be required to coordinate any requests with such authorities. RECORD SOURCE CATEGORIES: The system contains certain data received on individuals who have chosen to obtain a travel document that is designated by the Secretary of Homeland Security as denoting identity and citizenship for purposes of entering the United States and has been issued by an authority which has provided CBP with advance information from its relevant travel document database. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. Dated: July 18, 2008. Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8-17126 Filed 7-24-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-817, Extension of an Existing Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review; Form I-817, Application for Family Unity Benefits; OMB Control No. 1615-0005. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on May 13, 2008, at 73 FR 27549, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until August 25, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *oira_submission@omb.eop.gov* . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0005 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this Information Collection
(1)*Type of Information Collection:* Extension of an existing information collection.
(2)*Title of the Form/Collection:* Application for Family Unity Benefits.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-817; U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Individuals or households. The information collected will be used to determine whether the applicant meets the eligibility requirements for benefits under 8 CFR part 245A, Subpart C.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 6,000 responses at 2 hours per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 12,000 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: *http://www.regulations.gov/search/index.jsp.* If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529,
(202)272-8377. Dated: July 21, 2008. Stephen Tarragon, Management Analyst, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-17036 Filed 7-24-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I-140, Extension of a Currently Approved Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form I-140, Immigrant Petition for Alien Worker; OMB Control Number 1615-0015. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on May 9, 2008, at 73 FR 26404 allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until August 25, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *oira_submission@omb.eop.gov* . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0015 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of Information Collection:* Extension of a currently approved information collection.
(2)*Title of the Form/Collection:* Immigrant Petition for Alien Worker.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-140, U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* *Primary:* U.S. Employers. The information furnished on Form I-140 will be used by U.S. Citizenship and Immigration Services to classify aliens under section 203(b)(1), 203(b)(2) or 203(b)(3) of the Immigration and Nationality Act (Act).
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 96,000 responses at 60 minutes (1 hour) per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 96,000 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: *http://www.regulations.gov/search/index.jsp.* If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529,
(202)272-8377. Dated: July 21, 2008. Stephen Tarragon, Management Analyst, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-17037 Filed 7-24-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of a Currently Approved Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: File No. OMB-4, Guidelines on Producing Master Exhibits for Asylum Applications; OMB Control No. 1615-0073. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget
(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on May 7, 2008, at 73 FR 25760 allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until August 25, 2008. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* , and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *oira_submission@omb.eop.gov* . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0073 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1)Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection
(1)*Type of Information Collection:* Extension of a currently approved information collection.
(2)*Title of the Form/Collection:* Guidelines on Producing Master Exhibits for Asylum Applications.
(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* No Agency Form Number (File No. OMB-4); U.S. Citizenship and Immigration Services.
(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: Private Organizations and Businesses. Private voluntary organizations, law firms, or other groups submit master exhibits to USCIS to support asylum applications.
(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 20 responses at 80 hours per response.
(6)*An estimate of the total public burden (in hours) associated with the collection:* 1,600 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: *http://www.regulations.gov/search/index.jsp* . If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529,
(202)272-8377. Dated: July 21, 2008. Stephen Tarragon, Management Analyst, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E8-17038 Filed 7-24-08; 8:45 am] BILLING CODE 9111-97-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5186-N-30] Federal Property Suitable as Facilities to Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. DATES: *Effective Date:* July 25, 2008. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone
(202)708-1234; TTY number for the hearing- and speech-impaired
(202)708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in *National Coalition for the Homeless* v. *Veterans Administration* , No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. Dated: July 17, 2008 Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. E8-16752 Filed 7-24-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R3-R-2008-N0118; 30136-1265-0000-S3] Leopold and St. Croix Wetland Management Districts in Wisconsin AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability: Draft comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of draft comprehensive conservation plans
(CCP)and environmental assessments
(EA)for the Leopold and St. Croix Wetland Management Districts (District(s), WMD(s)) for public review and comment. In the draft CCP/EAs, we describe how we propose to manage these districts for the next 15 years. DATES: To ensure consideration, we must receive your written comments by August 25, 2008. Open house style meetings will be held during the comment period to receive comments and provide information on the draft plan. Special mailings, newspaper articles, Internet postings, and other media announcements will inform people of the meetings and opportunities for written comments. ADDRESSES: Send your comments or requests for more information by any of the following methods. You may also drop off comments in person. • *Agency Web Site:* View or download a copy of the documents and comment at *http://www.fws.gov/midwest/planning/leopold* and *http://www.fws.gov/midwest/planning/stcroix* . • *E-mail: r3planning@fws.gov* . Include “Leopold Draft CCP/EA” or “St. Croix Draft CCP/EA”, as appropriate, in the subject line of the message. • *Fax:* 608-745-0866 for Leopold WMD and 715-246-4670 for St. Croix WMD. • *U.S. Mail:* Comments for Leopold WMD can be mailed to: District Manager, W10040 Cascade Mountain Road, Portage, Wisconsin 53901. Comments for St. Croix WMD can be mailed to: District Manager, 1764 95th Street, New Richmond, Wisconsin 54017. FOR FURTHER INFORMATION CONTACT: Tom Kerr, St. Croix WMD, 715-246-7784 or Steve Lenz, Leopold WMD, 608-742-7100. SUPPLEMENTARY INFORMATION: Introduction With this notice, we continue the CCP process for Leopold and St. Croix WMDs, which we started in 71 FR 20722 (April 21, 2006). For more about the initiation process, see that notice. Leopold and St. Croix WMDs are located in Wisconsin. Established in 1993, the Leopold WMD manages 53 waterfowl production areas
(WPAs)totaling more than 12,000 acres in 17 southeastern Wisconsin counties. The District also administers 48 conservation easements within an eastern Wisconsin area of 34 counties. The St. Croix WMD, also established in 1993, manages 41 WPAs totaling 7,500 acres within an eight-county District of west-central Wisconsin. The District also administers 14 conservation easements. WPAs consist of wetland habitat surrounded by grassland and woodland communities. While WPAs are managed primarily for ducks and geese, they also provide habitat for a variety of other wildlife such as grassland birds, shorebirds, wading birds, mink, muskrat, wild turkey, and deer. Background The CCP Process The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee), requires us to develop a comprehensive conservation plan for each national wildlife refuge and wetland management district. The purpose in developing a CCP is to provide managers with a 15-year strategy for achieving district purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. CCP Alternatives and Our Preferred Alternative Priority Issues During the public scoping process, we, other governmental partners, and the public identified several priority issues, which were organized into five topics: Habitat management; habitat loss and fragmentation; land acquisition; public use; and service identity. To address these issues, we developed and evaluated the following alternatives during the planning process. The themes and approaches within the alternatives are consistent between the Districts. Under all alternatives federally listed threatened and endangered species would be protected; coordination would occur with the Wisconsin Department of Natural Resources; visitors would feel safe and the resources would be protected through law enforcement; a proposal would be developed to construct new headquarters and shop facilities; and any undertaking would be analyzed for its potential to affect historic properties. Alternative 1, Waterfowl Emphasis—Current Management Direction Under Alternative 1 the activities of the Districts would continue as in the past with current staffing and resources. The target for each District would be to restore 150 acres of grassland per year. The 15 year target for wetland restoration would be 50 percent of the drained wetlands for Leopold WMD and 75 percent for St. Croix WMD. Up to 20 percent of the woodlands and oak savannah would be inventoried with the objective of restoring approximately 25 percent of the identified potential savannah. Invasive species would be inventoried and treated with the recognition that only a small portion of the affected acres would be dealt with. Land acquisition would continue as funds were available with the intent of establishing larger complexes of wetlands and grasslands. An objective would be to raise the quality of the visitor services programs over time, reaching a higher level of rating within 5 years. The rating would be based on the evaluation standards of the Refuge Annual Performance Plan, which use the criteria for quality described in the Service Manual. Five (Leopold) and two (St. Croix) WPAs would be more fully developed with visitor services facilities. The volunteer and partnership programs would continue at 2008 levels. Contacts with neighbors would continue to be limited and general knowledge of the District and Service identity and missions would remain unchanged. Alternative 2, Waterfowl Emphasis With Increased Consideration for Other “Priority” Species and Low/Moderate Consideration for Visitor Services Under Alternative 2, the types of habitat management activities of the Districts would continue, but with more acres affected. Monitoring of habitat and wildlife would increase compared to the current direction. Visitor services would improve about at the rate and extent of the current direction. The target for each District would be to restore 200 acres of grassland per year. The 15 year target for wetland restoration would be 75 percent of the drained wetlands for Leopold WMD and 90 percent for St. Croix WMD. Up to 90 percent of the woodlands and oak savannah would be inventoried with the objective of restoring approximately 75 percent (Leopold) and 80 percent (St. Croix) of the identified potential savannah. Invasive species would be inventoried on 100 percent of the Districts and would be treated on 25 percent (Leopold) and 50 percent (St. Croix) of District lands. Land acquisition would continue as funds were available with the intent of establishing larger complexes of wetlands and grasslands. An objective would be to raise the quality of the visitor services programs over time, reaching a higher level of rating within 5 years. Five (Leopold) and two (St. Croix) WPAs would be more fully developed with visitor services facilities. The volunteer and partnership programs would increase. Contacts with neighbors would increase slightly and general knowledge of the District and Service identity and missions would increase slightly. Full implementation of this alternative would require the addition of 1.5 full-time equivalents (Leopold) and 2.5 full-time equivalents (St. Croix) to the current staff. Alternative 3, Waterfowl Emphasis With Low Increase in Management for Other Wildlife and Increased Consideration for Visitor Services Under Alternative 3, the types and amounts of habitat management activities undertaken by the Districts would be similar to Alternative 1. Visitor services would expand and improve in quality compared with Alternative 1. Outreach activities would also be greater. An objective would be to raise the quality of the visitor services programs over time, reaching two higher levels of rating within 5 years. Seven (Leopold) and four (St. Croix) WPAs would be more fully developed with visitor services facilities. The volunteer and partnership programs would increase. Contacts with neighbors would increase and additional information would be provided to them. The general knowledge of the District and Service identity and mission would increase among neighbors and the community. Full implementation of this alternative would require the addition of 1.5 full-time equivalents (Leopold) and 2.5 full-time equivalents (St. Croix) to the current staff. Alternative 4, Waterfowl Emphasis With Increased and Balanced Consideration for Other “Priority” Species, Their Habitats, Visitor Services and Neighborhood Relationships (Preferred Alternative) Alternative 4 incorporates components of Alternatives 2 and 3. Under this alternative the types of habitat management activities of the Districts would continue, but with more acres affected. Monitoring of habitat and wildlife would increase compared to the current direction. Visitor services would expand and improve in quality compared to the current direction. Outreach activities would also be greater. The target for each District would be to restore 200 acres of grassland per year. The 15 year target for wetland restoration would be 75 percent of the drained wetlands for Leopold WMD and 90 percent for St. Croix WMD. Up to 90 percent of the woodlands and oak savannah would be inventoried with the objective of restoring approximately 75 percent (Leopold) and 80 percent (St. Croix) of the identified potential savannah. Invasive species would be inventoried on 100 percent of the Districts and would be treated on 25 percent (Leopold) and 50 percent (St. Croix) of District lands. The Districts would develop a monitoring program to determine waterfowl recruitment. Land acquisition would continue as funds were available with the intent of establishing larger complexes of wetlands and grasslands. Seven (Leopold) and four (St. Croix) WPAs would be more fully developed with visitor services facilities. The volunteer and partnership programs would increase. Contacts with neighbors and the expected effects would be the same as Alternative 3. Full implementation of this alternative would require the addition of 3.5 full-time equivalents (Leopold) and 3.5 full-time equivalents (St. Croix) to the current staff. Public Meetings We will give the public an opportunity to provide comments at public meetings. You may obtain the schedule from the addresses listed above (see ADDRESSES ). You may also submit comments anytime during the comment period by writing to the above addresses. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information, you should know that your entire comment—including your personal identifying information—may be made publicly available. While you may 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. All comments become part of the official public record, and we handle requests for such comments in accordance with the Freedom of Information Act, NEPA, and Service and Departmental policies and procedures. Dated: May 22, 2008. Charles M. Wooley, Acting Regional Director, U.S. Fish and Wildlife Service, Fort Snelling, Minnesota. [FR Doc. E8-17106 Filed 7-24-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTEROR Bureau of Land Management [WY-030-5101-ER-K103; WYW-167155] Notice of Intent To Announce a Proposed Environmental Impact Statement
(EIS)for the Chokecherry and Sierra Madre Wind Energy Project, Announce a Proposed EIS To Amend Rawlins Resource Management Plan, and Announce a Public Comment Period and Public Meetings for Obtaining Comments AGENCY: Bureau of Land Management. ACTION: Notice of Intent
(NOI)to
(1)announce a proposed Environmental Impact Statement
(EIS)for the Chokecherry and Sierra Madre Wind Energy Project;
(2)announce a proposed EIS to amend Rawlins Resource Management Plan; and
(3)announce a public comment period and public meetings for obtaining comments. SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act
(NEPA)of 1969, an EIS will be prepared by the Bureau of Land Management (BLM), Rawlins Field Office, Wyoming, for the Chokecherry and Sierra Madre Wind Energy Project in Carbon County, Wyoming. The EIS will analyze the impacts of issuing rights-of-way for a wind energy project and ancillary facilities (consisting of access roads, electric power gathering cables, an electric transmission line, and electric substations). DATES: Public meetings will be held to inform the public and obtain comments. Dates, times, and locations of meetings will be announced at least 15 days in advance through local media, news releases, and posting to the BLM Web site. The public comment period will close 45 days after publication in the **Federal Register** . The BLM Field Manager, Rawlins Field Office, 1300 N. Third Street, Rawlins, Wyoming 82301 will receive comments submitted via mail or overnight delivery from the general public and interested parties. Facsimiles, telephone calls, or electronic mail via the Internet will not be considered as validly submitted comments. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. FOR FURTHER INFORMATION CONTACT: Heather Nino, Realty Specialist, Bureau of Land Management, Rawlins Field Office, 1300 North Third Street, Rawlins, WY 82301 or *Heather_Nino@blm.gov* , or Jerry Crockford at cellular telephone
(505)360-0473. SUPPLEMENTARY INFORMATION: The EIS will address the proposed action and a range of reasonable alternatives including a no action alternative. The proposed action can be summarized as: construction, operation and maintenance of a nominal 2,000 megawatt
(MW)wind energy project and ancillary facilities. The wind energy project area comprises approximately 98,500 acres located within Townships 19 and 20 North, Ranges 85 through 87 West for the Chokecherry area, and Townships 16 through 18 North, Ranges 87 through 89 West for the Sierra Madre area. The project occurs in a “checker board” land ownership pattern area with approximately half of the land being BLM public land, and approximately half being private and State of Wyoming ownership. The proposed 2,000 MWs will be provided by approximately 675 2-MW turbines to be constructed in the Chokecherry area portion of the project, and approximately 325 2-MW turbines to be constructed in the Sierra Madre portion of the project area. Other associated facilities required by the project will include access roads, underground electric gathering lines, an overhead electric transmission line, and electric substations to interconnect the generated power to the electric grid. The project will utilize existing roads. The project will require approximately three to five years for construction, with an in-service target date of late-2012. The project will operate continuously, except for maintenance shutdowns on individual wind turbine generators, with a projected 30-year life. Power would interconnect with the national electric grid. Under the No Action Alternative, BLM would not issue right-of-way grants for the Chokecherry and Sierra Madre Wind Energy Project and ancillary facilities. The project including the wind generating turbines, access roads, gathering cables, substations, and transmission line would not be constructed. The areas proposed for the Chokecherry and Sierra Madre Wind Energy Project and ancillary facilities would remain undeveloped. An energy need would not be met by the proposed generated power. Public participation is encouraged throughout the processing of this project. Comments presented throughout the process will be considered. Dated: July 9, 2008. Patrick Madigan, Field Manager, Rawlins Field Office, Wyoming. [FR Doc. E8-17071 Filed 7-24-08; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-957-1420-BJ] Idaho: Filing of Plats of Survey AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Filing of Plats of Surveys. SUMMARY: The Bureau of Land Management
(BLM)has officially filed the plats of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9 a.m., on the dates specified. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 1387 South Vinnell Way, Boise, Idaho, 83709-1657. SUPPLEMENTARY INFORMATION: These surveys were executed at the request of the Bureau of Land Management to meet their administrative needs. The lands surveyed are: The plat representing the dependent resurvey of a portion of the north boundary and subdivisional lines, and the subdivision of sections 2, 3, 10, 23 and 26, in T. 8 S., R.36 E., Boise Meridian, Idaho, Group Number 1119, was accepted April 3, 2008. The plat representing the dependent resurvey of portions of the Fort Hall Correction Line (south boundary), east boundary, and subdivisional lines, and the subdivision of section 25, T. 9 S., R. 37 E., Boise Meridian, Idaho, Group Number 1162, was accepted May 2, 2008. The plat constituting the entire survey record of the dependent resurvey of portions of the south boundary and subdivisional lines, and the subdivision of section 31, T. 9 S., R. 38 E., Boise Meridian, Idaho, Group Number 1162, was accepted May 2, 2008. The plat representing the dependent resurvey of portions of the east boundary and subdivisional lines, and the subdivision of sections 1, 12, and 24, T. 10 S., R. 37 E., Boise Meridian, Idaho, Group Number 1162, was accepted May 2, 2008. The plat representing the dependent resurvey of a portion of the subdivisional lines, and the subdivision of sections 6, 7, 18, and 19, T. 10 S., R. 38 E., Boise Meridian, Idaho, Group Number 1162, was accepted May 2, 2008. The plat representing the dependent resurvey of portions of the east boundary and subdivisional lines, and the corrective dependent resurvey of a portion of the subdivisional lines and the subdivision of section 23, and the subdivision of sections 13 and 24, the survey of a portion of the 2005-2008 meanders of the right bank of the Salmon River in section 24, and certain metes-and-bounds surveys in sections 13, 23, and 24, T. 15 N., R. 19 E., and the dependent resurvey of portions of the subdivisional lines, and the original 1911 right bank meanders of the Salmon River in sections 17 and 18, and the subdivision of sections 7, 17, and 18, the survey of the 2005-2008 meanders of the Salmon River in sections 7, 17, and 18, the survey of certain 2005-2008 partition lines in section 17, and the metes-and-bounds survey of lots 10 and 11 in section 18, T. 15 N., R. 20 E., of the Boise Meridian, Idaho, Group Number 1205, was accepted May 9, 2008. The supplemental plat prepared to correct certain erroneous depictions of the Snake River Birds of Prey National Conservation Area, T. 1 N., R. 2 E., Boise Meridian, Idaho, was accepted May 9, 2008. The plat representing the dependent resurvey of portions of the north boundary, subdivisional lines, and boundaries of certain mineral surveys, T. 5 S., R. 3 W., of the Boise Meridian, Idaho, Group Number 1191, was accepted May 16, 2008. The plat representing the dependent resurvey of a portion of the Third Standard Parallel North (south boundary) and subdivisional lines, and the subdivision of section 35, in T. 13 N., R. 38 E., Boise Meridian, Idaho, Group Number 1224, was accepted May 29, 2008. The plat constituting the entire survey record of the dependent resurvey of a portion of the subdivisional lines and the subdivision of section 9, T. 2 S., R. 15 E., Boise Meridian, Idaho, Group Number 1263, was accepted June 27, 2008. This survey was executed at the request of the U.S.D.A., Forest Service, to meet certain administrative and management purposes. The supplemental plat prepared to correct certain erroneously lotted areas as depicted on the plat accepted December 12, 1990, section 15, T. 54 N., R. 1 W., Boise Meridian, Idaho. Dated: July 3, 2008. Stanley G. French, Chief Cadastral Surveyor for Idaho. [FR Doc. E8-17069 Filed 7-24-08; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-920-1430-FR; WYW-74694] Notice of Realty Action: Recreation and Public Purposes Act Classification of Public Lands in Sweetwater County, WY AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Bureau of Land Management
(BLM)has examined and found suitable for classification for conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 10.00 acres of public land in Sweetwater County, Wyoming. The Sweetwater County Solid Waste Disposal District #1 proposes to use the land for a solid waste transfer station. DATES: Interested parties may submit comments regarding the proposed conveyance or classification of the lands until *September 8, 2008.* ADDRESSES: Send written comments to the Field Manager, Rock Springs Field Office, 280 Highway 191 North, Rock Springs, Wyoming 82901. FOR FURTHER INFORMATION CONTACT: Lance Porter, Field Manager, Bureau of Land Management, Rock Springs Field Office, at
(307)352-0238. SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor Grazing Act, (43 U.S.C. 315f), and Executive Order No. 6910, the following described public land in Sweetwater County, Wyoming, has been examined and found suitable for classification for lease and conveyance under the provisions of the R&PP Act, as amended, (43 U.S.C. 869 et seq.): Sixth Principal Meridian, Wyoming, T. 20 N., R. 101 W. Sec. 28, SE 1/4 SE 1/4 NE 1/4 . The land described contains 10.00 acres, more or less. In accordance with the R&PP Act, the Sweetwater County Solid Waste Disposal District #1 (District) filed an application to purchase the above-described 10.00 acres of public land which has been leased to the District for solid waste disposal purposes since 1982. The land was classified for lease under the provisions of the R&PP Act and was originally leased as a sanitary landfill. The lease stopped operating as a landfill in 1992 and was converted to a solid waste transfer station. The transfer station has been in operation since then in conformance with the terms and conditions of the lease. Before the conveyance can occur, the land must be classified for conveyance under the provisions of the R&PP Act. Additional detailed information pertaining to this application, plan of development, and site plan is in case file WYW 74694, located in the BLM Rock Springs Field Office at the above address. The land is not needed for any Federal purpose. The conveyance is consistent with the Rock Springs Resource Management Plan dated August 8, 1986, and would be in the public interest. The patent, when issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior, and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945); and 2. All minerals, together with the right to prospect for, mine, and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe. The patent will be subject to all valid existing rights documented on the official public land records at the time of patent issuance. *Classification Comments:* Interested parties may submit comments involving the suitability of the land for municipal and recreation uses. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. *Application Comments:* Interested parties may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching the decision to convey under the R&PP Act, or any other factor not directly related to the suitability of the land for R&PP use. *Confidentiality of Comments:* Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Only written comments submitted by postal service or overnight mail to the Field Manager—BLM Rock Springs Field Office will be considered properly filed. Electronic mail, facsimile or telephone comments will not be considered properly filed. Any adverse comments will be reviewed by the State Director. In the absence of any adverse comments, the classification of the land described in this notice will become effective September 23, 2008. The lands will not be available for conveyance until after the classification becomes effective. Authority: 43 CFR 2740. Dated: July 7, 2008. Lance Porter, Field Manager. [FR Doc. E8-17076 Filed 7-24-08; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-300-2824-DS-PJ04] Notice of Availability of the Record of Decision for the Fire, Fuels and Related Vegetation Management Direction Plan Amendment AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Availability. SUMMARY: The Bureau of Land Management
(BLM)announces the availability of the Record of Decision
(ROD)for the Fire, Fuels and Related Vegetation Management Direction Plan Amendment located in south central and southeastern Idaho. ADDRESSES: Copies of the Fire, Fuels and Related Vegetation Management Direction Plan Amendment ROD are available upon request from the Pocatello Field Office, Bureau of Land Management, 4350 Cliffs Drive, Pocatello, Idaho 83204, phone 208-478-6340, or it can be downloaded in its entirety at *http://www.blm.gov/id/st/en/prog/planning/fire_fuels_and_related.html* via the Internet. FOR FURTHER INFORMATION CONTACT: Terry Lee Smith, Project Manager, 4350 Cliffs Drive, Pocatello, Idaho 83204, phone 208-478-6340, e-mail *Terry_Lee_Smith@blm.gov* . SUPPLEMENTARY INFORMATION: The Fire, Fuels and Related Vegetation Management Direction Plan Amendment (hereafter referred to as the Plan Amendment) was developed with broad public participation through a five-year collaborative planning process. It addresses management on approximately 5 million acres of public land comprising the Burley, Shoshone, Pocatello and Upper Snake Field Offices in south-central and southeastern Idaho. Twelve land use plans were amended upon signing of the ROD by the Idaho State Director. The Plan Amendment incorporates the National Fire Plan's Cohesive Strategy and the Federal Wildland Fire Management Policy of 1995, as revised, into existing BLM land use plans. The purpose of the plan amendments is to: • Establish fire management guidance, objectives, policies, and management actions; • Identify resource goals and methods, including desired future condition of the fire-related vegetation resources, and management actions necessary to achieve objectives; • Form the basis to update fire management plans and integrate them with allotment management plans, wildlife management plans, recreation management plans, Idaho Standards for Rangeland Health and Guidelines for Livestock Grazing, and other applicable plans, to the greatest extent possible; and • Provide consistent land use plan level direction to enable incremental steps toward a long-term resource goal of conditions that minimize risk to human life and property and maintain or restore vegetation that is resistant to catastrophic wildfire. The approved Plan Amendment is Alternative E in the Proposed Fire, Fuels and Related Vegetation Management Direction Amendment and Final EIS published in February 2008. The Plan Amendment institutes management direction that will promote the maintenance or restoration of the sagebrush steppe ecosystem and its associated wildlife species, including sage grouse, as well as the maintenance and restoration of forested vegetation types. All protests received by the BLM regarding the plan amendment have been addressed. No inconsistencies with State or local plans, policies, or programs were identified during the Governor's consistency review of the proposed plan. Dated: June 19, 2008. Thomas H. Dyer, Idaho State Director, Bureau of Land Management. [FR Doc. E8-17115 Filed 7-24-08; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-910-08-1120-PH-24-1A] Call for Nominations for Utah's Resource Advisory Council AGENCY: Bureau of Land Management, Department of Interior. ACTION: Call for Nominations for Utah's Resource Advisory Council. SUMMARY: The purpose of this notice is to request public nominations to fill one position in Category Two for Utah's Resource Advisory Council. The RACs provide advice and recommendations to BLM on land use planning and management of the public lands within their geographic areas. DATES: Send all nominations to the Utah Bureau of Land Management
(BLM)no later than September 8, 2008. ADDRESSES: Nominations should be sent to the BLM, ATTN: Sherry Foot, 440 West 200 South, Salt Lake City, Utah 84101. FOR FURTHER INFORMATION CONTACT: Sherry Foot, Special Programs Coordinator, Utah State Office, Bureau of Land Management, P.O. Box 45155, Salt Lake City, Utah, 84145-0155; phone
(801)539-4195. SUPPLEMENTARY INFORMATION: The Federal Land Policy and Management Act (FLPMA) (43 U.S.C. 1730) directs the Secretary of the Interior to involve the public in planning and issues related to management of lands administered by BLM. *Category Two* —Representatives of nationally or regionally recognized environmental organizations, archaeological and historic organizations, dispersed recreation activities, and wild horse and burro organizations. Individuals may nominate themselves or others. Nominees must be residents of Utah. The BLM will evaluate nominees based on their education, training, experience, and their knowledge of the geographical area of the RAC. Nominees should demonstrate a commitment to collaborative resource decision making. The following must accompany all nominations: —Letters of reference from represented interests or organizations; —A completed background information nomination form; and —Any other information that speaks to the nominee's qualifications. Simultaneous with this notice, Utah BLM's State Office will issue a press release providing additional information for submitting nominations. Dated: July 16, 2008. Jeff Rawson, State Director. [FR Doc. E8-17125 Filed 7-24-08; 8:45 am] BILLING CODE 4310-DQ-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Cachuma Lake Resource Management Plan (RMP), Santa Barbara County, CA AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of availability of the draft Environmental Impact Statement
(EIS)and notice of public hearing. SUMMARY: The Bureau of Reclamation (Reclamation), as the National Environmental Policy Act Federal lead agency, has made available for public review and comment the Cachuma Lake draft EIS. The draft EIS describes and presents the effects of the No-Action Alternative and two
(2)Action Alternatives on the development and management of the Plan Area. A public hearing will be held to receive comments from individuals and organizations on the draft EIS. DATES: Written comments on the draft EIS will be accepted on or before September 23, 2008. A public hearing has been scheduled to receive oral or written comments regarding environmental effects. The hearing will be held from 6:30 p.m. to 9 p.m. on August 26, 2008, in Solvang, CA. ADDRESSES: Send written comments on the draft EIS to Mr. Robert Epperson, Bureau of Reclamation, 1243 N Street, Fresno, CA 93721. The public hearing will be held at the Veterans Memorial Hall, 1745 Mission Drive, Solvang, CA 93463. Copies of the draft EIS may be requested from Mr. Robert Epperson, by writing to Bureau of Reclamation, 1243 N Street, Fresno CA 93721; by calling 559-269-4518 (TDD 559-487-5933); or by e-mailing *repperson@mp.usbr.gov.* The draft EIS is also accessible from the following Web site: *http://www.usbr.gov/mp/cachuma/docs/index.html.* See SUPPLEMENTARY INFORMATION Section for locations where copies of the draft EIS are available for public review. FOR FURTHER INFORMATION CONTACT: Mr. Robert Epperson, Bureau of Reclamation, at 559-269-4518 (TDD 559-487-5933) or *repperson@mp.usbr.gov.* SUPPLEMENTARY INFORMATION: The draft EIS documents the direct, indirect, and cumulative effects to the physical, biological, and socioeconomic environment that may result from various resource management alternatives at Cachuma Lake. The Cachuma Lake draft EIS evaluates the existing resource management of Cachuma Lake. The project purpose consists of:
(1)Protecting the water supply and water quality functions of Cachuma Lake;
(2)protecting and enhancing natural and cultural resources in the Recreation Area, consistent with Federal law and Reclamation policies; and
(3)providing recreational opportunities and facilities consistent with the original Cachuma Project purposes, and Reclamation policies. Cachuma Lake is an existing reservoir formed by Bradbury Dam, and located in Santa Barbara County, California. The dam, which provides irrigation, domestic, and municipal and industrial water supplies to the City of Santa Barbara, Goleta Water District, Montecito Water District, Carpinteria Valley Water District, and Santa Ynez River Water Conservation District, was constructed in the 1950s. The Cachuma Project has delivered an average of 25,000 acre-feet per year over the past 45 years and encompasses approximately 9,250 acres. In 1956, operation and maintenance of the Cachuma project was transferred from Reclamation to the Cachuma Operation and Maintenance Board. Reclamation still retains ownership of all project facilities and is responsible for the operation of the dam. The new RMP will have a planning horizon of 20 years, which will begin when a new agreement is reached between Reclamation and a local managing partner. The new RMP would
(1)Ensure timely delivery of high-quality water to water users while enhancing natural resources and recreational opportunities;
(2)provide recreational opportunities to meet the demands of a growing, diverse population;
(3)ensure recreational diversity and the quality of the experience;
(4)protect natural resources, while providing resource education opportunities and stewardship; and
(5)provide updated management for establishing a new management agreement with a managing partner. The draft EIS outlines the formulation and evaluation of alternatives designed to address issues through a representation of the varied interests at the Plan Area. Alternative 1 (No Action) would continue current management practices. Alternative 2 (Enhanced Recreation) would balance natural resource protection with recreational opportunities. Alternative 3 (Expanded Recreation) would emphasize expanded recreation opportunities. The draft EIS has been developed within the authorities provided by Congress through the Reclamation Recreation Management Act of 1992 (Pub. L. 102-575, Title 28, 16 U.S.C. 460L), Reclamation Act, Federal Water Project Recreation Act, and other applicable Federal agency and U.S. Department of the Interior policies. Copies of the draft EIS are available for public review at the following locations: • Bureau of Reclamation, Mid-Pacific Region, Regional Library, 2800 Cottage Way, Sacramento, CA 95825. • Bureau of Reclamation, South-Central California Area Office, 1243 N Street, Fresno CA 93721. • Cachuma Lake State Recreation Area, Highway 154, Santa Barbara, CA 93105. • Santa Maria Public Library, 420 South Broadway Avenue, Santa Maria, CA 93454. • Santa Barbara Public Library, Central Location, 40 East Anapamu Street, Santa Barbara, CA 93101. • Bureau of Reclamation, Denver Office Library, Building 67, Room 167, Denver Federal Center, 6th and Kipling, Denver, CO 80225. • Natural Resources Library, U.S. Department of the Interior, 1849 C Street NW., Main Interior Building, Washington, DC 20240-0001. Public Hearings A brief presentation, including a project overview, will open the public hearing. This will be followed by an open house during which individual concerns and questions will be addressed through interaction with the project team. If special assistance is required at the public hearings, please contact Mr. Robert Epperson at 559-269-4518, (TDD 559-487-5933) or by e-mailing *repperson@mp.usbr.gov.* Please notify Mr. Epperson as far in advance as possible to enable Reclamation to secure the needed services. If a request cannot be honored, the requestor will be notified. Public Disclosure Before including your name, address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: July 3, 2008. John F. Davis, Deputy Regional Director, Mid-Pacific Region. [FR Doc. E8-17072 Filed 7-24-08; 8:45 am] BILLING CODE 4310-MN-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Millerton Lake Resource Management Plan/General Plan (RMP/GP), Madera and Fresno Counties, CA AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of availability of the draft Environmental Impact. Statement/Environmental Impact Report (EIS/EIR) and notice of public hearing. SUMMARY: The Bureau of Reclamation (Reclamation), as the National Environmental Policy Act Federal lead agency, and the California Department of Parks & Recreation (CDPR), as the California Environmental Quality Act State lead agency, have made available for public review and comment the Millerton Lake draft EIS/EIR. The draft EIS/EIR describes and presents the environmental effects of the No-Action Alternative and three
(3)Action Alternatives. A public hearing will be held to receive comments from individuals and organizations on the draft EIS/EIR. DATES: Written comments on the draft EIS/EIR will be accepted on or before September 23, 2008. A public hearing has been scheduled to receive oral or written comments regarding environmental effects. The hearing will be held from 6:30 p.m. to 9 p.m. on August 14, 2008 in Friant, CA. ADDRESSES: Send written comments on the draft EIS/EIR to Mr. Robert Epperson, Bureau of Reclamation, 1243 N Street, Fresno, CA 93721. The public hearing will be held at the Friant Learning Academy, 17200 Burroughs, Friant, CA 93626. Copies of the draft EIS/EIR may be requested from Mr. Robert Epperson, by writing to Bureau of Reclamation, 1243 N Street, Fresno, CA 93721; by calling 559-269-4518 (TDD 559-487-5933); or by e-mailing *repperson@mp.usbr.gov.* The draft EIS/EIR is also accessible from the following Web site: *http://www.usbr.gov/mp/millerton/docs/index.html.* See SUPPLEMENTARY INFORMATION Section for locations where copies of the draft EIS/EIR are available for public review. FOR FURTHER INFORMATION CONTACT: Mr. Robert Epperson, Bureau of Reclamation, at 559-269-4518 (TDD 559-487-5933) or *repperson@mp.usbr.gov.* SUPPLEMENTARY INFORMATION: The draft EIS/EIR documents the direct, indirect, and cumulative effects to the physical, biological, and socioeconomic environment that may result from various resource management alternatives at Millerton Lake. The Millerton Lake draft EIS/EIR evaluates the existing resource management of Millerton Lake. The project purpose consists of:
(1)Identifying the current and most appropriate future uses of land and water resources within the Plan Area;
(2)identifying the long-term resource programs and implementation guidelines to manage and develop recreation, natural, and cultural resources; and
(3)developing strategies and approaches to protect and preserve the natural, recreational, aesthetic, and cultural resources. Millerton Lake is an existing reservoir formed by Friant Dam, and located in Fresno and Madera Counties, CA. The dam, which regulates the normal flow of the San Joaquin River and stores floodwaters for irrigation diversion into the Friant-Kern and Madera Canals, was completed in 1947. Millerton Lake has a storage capacity of 520,500 acre-feet and a surface area of 4,900 acres. Through agreements with Reclamation and the California Department of Fish and Game, the CDPR manages the entire Plan Area. The most recent General Plan for the Plan Area was completed by CDPR in 1983, and projected recreation trends and deficiencies through 1990. Since the adoption of this plan, several changes to the physical and regulatory environment have resulted in the need for an updated plan. The new joint Resource Management Plan/General Plan (RMP/GP) will have a planning horizon through the year 2035. The new plan will:
(1)Enhance natural resources and recreational opportunities without interrupting reservoir operations;
(2)provide recreational opportunities to meet the demands of a growing, diverse population;
(3)ensure recreational diversity and quality;
(4)protect natural, cultural, and recreational sources while providing resource education opportunities and stewardship; and
(5)provide updated management for establishing a new management agreement with the State of California. The draft EIS/EIR outlines the formulation and evaluation of alternatives designed to address these issues through a representation of the varied interests at the Plan Area. The No Action Alternative would result in the continuation of current management practices. Action Alternative 1 (Recreation Expansion) emphasizes expanded recreation opportunities and includes additional campsites. Action Alternative 2 (Enhancement) balances natural and cultural resource protection and recreation opportunities. Action Alternative 3 (Resource Protection) emphasizes resource protection and limits some recreation opportunities. The draft EIS/EIR has been developed within the authorities provided by Congress through the Reclamation Recreation Management Act of 1992 (Pub. L. 102-575, Title 28, 16 U.S.C. 460L) and other applicable agency and U.S. Department of Interior policies. Copies of the draft EIS/EIR are available for public review at the following locations: • Bureau of Reclamation, Mid-Pacific Region, Regional Library, 2800 Cottage Way, Sacramento, CA 95825. • Bureau of Reclamation, South-Central California Area Office, 1243 N Street, Fresno, CA 93721. • Millerton Lake State Recreational Area, 5290 Millerton Road, Friant, CA 93626. • Fresno County Public Library, Central Location, 2420 Mariposa, Fresno, CA 93721. • Madera County Public Library, Headquarters, 121 North G Street, Madera, CA 93637. • Bureau of Reclamation, Denver Office Library, Building 67, Room 167, Denver Federal Center, 6th and Kipling, Denver, CO 80225. • Natural Resources Library, U.S. Department of the Interior, 1849 C Street NW., Main Interior Building, Washington, DC 20240-0001. Public Hearings A brief presentation, including a project overview, will open the public hearing. This will be followed by an open house during which individual concerns and questions will be addressed through interaction with the project team. If special assistance is required at the public hearings, please contact Mr. Robert Epperson at 559-269-4518, (TDD 559-487-5933), or by e-mailing *repperson@mp.usbr.gov.* Please notify Mr. Epperson as far in advance as possible to enable Reclamation to secure the needed services. If a request cannot be honored, the requestor will be notified. Public Disclosure Before including your name, address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: July 3, 2008. John F. Davis, Deputy Regional Director, Mid-Pacific Region. [FR Doc. E8-17074 Filed 7-24-08; 8:45 am] BILLING CODE 4310-MN-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1114 (Final)] Certain Steel Nails From China Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (Commission) determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from China of certain steel nails, provided for in subheadings 7317.00.55, 7317.00.65, and 7317.00.75 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (Commerce) to be sold in the United States at less than fair value (LTFV). 2 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR § 207.2(f)). 2 The Commission further determines that critical circumstances do not exist with respect to those imports of the subject merchandise from China that were subject to the affirmative critical circumstances determination by the Department of Commerce. Background The Commission instituted this investigation effective May 29, 2007, following receipt of a petition filed with the Commission and Commerce by Davis Wire Corp. (Irwindale, CA), Gerdau Ameristeel Corp. (Tampa, FL), Maze Nails (Peru, IL), Mid Continent Nail Corp. (Poplar Bluff, MO), and Treasure Coast Fasteners, Inc. (Fort Pierce, FL). 3 The final phase of the investigation was scheduled by the Commission following notification of a preliminary determination by Commerce that imports of certain steel nails from China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission's investigation and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the **Federal Register** of February 8, 2008 (73 FR 7590). The hearing was held in Washington, DC, on June 11, 2008, and all persons who requested the opportunity were permitted to appear in person or by counsel. 3 On June 22, 2007, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union was added as a co-petitioner. The Commission transmitted its determination in this investigation to the Secretary of Commerce on July 21, 2008. The views of the Commission are contained in USITC Publication 4022 (July 2008), entitled *Certain Steel Nails from China, Investigation No. 731-TA-1114 (Final)* . By order of the Commission. Issued: July 21, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-17095 Filed 7-24-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-636] In the Matter of Certain Laser Imageable Lithographic Printing Plates; Notice of Commission Decision Not to Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of Investigation to Add a Respondent AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 7) issued by the presiding administrative law judge (“ALJ”) granting a motion by complainant Presstek, Inc. (“Presstek”) to amend the complaint and notice of investigation to add Spicers Paper, Inc. (“Spicers”) as a respondent in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)708-5432. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: This investigation was instituted on March 7, 2008, based on a complaint filed by Presstek, Inc. of Hudson, NH. The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain laser imageable lithographic printing plates that infringe certain claims of U.S. Patent Nos. 5,339,737 and 5,487,338 and U.S. Trademark Reg. No. 1,711,005. On April 23, 2008, Presstek filed a motion to amend the complaint and notice of investigation to add Spicers as a respondent. Respondents VIM Technologies, Ltd.; AteCe Canada; Guaranteed Service & Supplies, Inc.; and Recognition Systems, Inc. filed a response opposing the motion. The Commission investigative attorney filed a response in support of the motion. The ALJ issued the subject ID granting Presstek's motion on June 26, 2008. No petitions for review were filed. The Commission has determined not to review the subject ID. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.14 and 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.14, 210.42). By order of the Commission. Issued: July 21, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-17096 Filed 7-24-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request July 21, 2008. The Department of Labor
(DOL)hereby announces the submission of the following public information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov* . Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employment and Training Administration (ETA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers)/e-mail: *OIRA_submission@omb.eop.gov* within 30 days from the date of this publication in the **Federal Register** . In order to ensure the appropriate consideration, comments should reference the OMB Control Number (see below). The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment and Training Administration. *Type of Review:* New collection (Request for a new OMB Control Number). *Title:* Workforce Innovation in Regional Economic Development (WIRED) Initiative Evaluation. *OMB Control Number:* 1205-0NEW. *Form Number:* None. *Affected Public:* State, Local, and Tribal Governments and Private Sector. *Estimated Number of Respondents:* 1,600. *Estimated Total Annual Burden Hours:* 1,200. *Estimated Total Annual Costs Burden:* $0. *Description:* This data collection covers qualitative information to be obtained through on-site, unstructured interviews with representatives in each of the 13 regions awarded WIRED funding. Data to be collected includes information regarding the regional context, goals, planning, structure, partnerships, collaboration, activities, funding, challenges, innovations, approaches for measuring success, and sustainability. For additional information, see related notice published at 73 FR 16912 on March 31, 2008. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E8-17006 Filed 7-24-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Office of the Assistant Secretary for Administration and Management; Agency Information Collection Activities: Proposed Collection; Comment Request; Applicant Background Questionnaire AGENCY: Office of the Assistant Secretary for Administration and Management (OASAM), Department of Labor. ACTION: Notice. SUMMARY: The 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 Department of Labor is soliciting comments concerning the proposed extension of the Applicant Background Questionnaire. A copy of the proposed information collection request
(ICR)can be obtained by contacting the office listed below in the addressee section of this notice. DATES: Written comments must be submitted to the office listed in the addressee section below on or before September 23, 2008. ADDRESSEE: William Glasgow, U.S. Department of Labor, Human Resources Center, 200 Constitution Ave. NW., Room N-5464, Washington, DC 20210; Phone: (202)693-7738; Written comments limited to 10 pages or fewer may also be transmitted by facsimile to: (202)693-7814; Internet: *glasgow.william@dol.gov.* SUPPLEMENTARY INFORMATION: I. *Background:* The Department of Labor, as part of its obligation to provide equal employment opportunities, is charged with ensuring that qualified individuals in groups that are under-represented in various occupations are included in applicant pools for the Department's positions. See 5 U.S.C. 7201(c); 29 U.S.C. 791; 29 U.S.C. 2000e-16; 5 CFR 720.204; 29 CFR 1614.101(a). To achieve this goal, DOL employment offices have conducted targeted outreach to a variety of sources, including educational institutions, professional organizations, newspapers, and magazines. DOL has also participated in career fairs and conferences that reach high concentrations of Hispanics, African Americans, Native Americans, Asians, and persons with disabilities. Without the data provided by this collection, DOL does not have the ability to evaluate the effectiveness of any of these targeted recruiting strategies because collection of racial and national origin information only occurs at the point of hiring. DOL needs to collect data on the pools of applicants which result from the various targeted recruitment strategies listed above. After the certification and selection process has been completed, it is necessary to cross-reference the data collected with the outcome of the qualifications review in order to evaluate the quality of applicants from various recruitment sources. With the information from this collection, DOL can adjust and redirect its targeted recruitment to achieve the best result. DOL will also be able to respond to requests for information received from the Office of Personnel Management
(OPM)in the course of OPM evaluation and oversight activities. II. *Desired Focus of Comments:* The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, for example, 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:* This notice requests an extension of the current Office of Management and Budget approval of the Applicant Background Questionnaire. Extension is necessary to continue to evaluate the effectiveness of agency recruitment programs in attracting applicants from under-represented sectors of the population. *Type of Review:* Extension of a currently approved collection. *Agency:* U.S. Department of Labor. *Title:* Applicant Background Questionnaire. *OMB Number:* 1225-0072. *Affected Public:* Applicants for positions recruited in the Department of Labor. Other Federal agencies have requested to use the DOL form. We are including the Department of Agriculture, ARS as an agency that wishes to use the form for their recruitment program. Their burden numbers are also included below. Total Respondents: Department of Labor—3,000 USDA, ARS—17,800 Total—20,800 *Frequency:* One time per respondent. *Total Responses:* 20,800. *Average Time per Response:* 3 minutes for on-line applicants (DOL). 5 minutes for paper applications (USDA). Estimated Total Burden Hours: DOL—150 hours USDA—1,458 hours, 20 min Total—1,608 hours, 20 min Total Burden Cost (capital/startup): $0 Total Burden Cost (operating/maintaining): DOL—$87.46 USDA—$1,049.52 Total—$1,136.98 Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: July 18, 2008. Suzy Barker, Director of Human Resources. [FR Doc. E8-17078 Filed 7-24-08; 8:45 am] BILLING CODE 4510-23-P NATIONAL SCIENCE FOUNDATION Invitation To Submit White Papers To Inform the Five-Year Strategic Plan for the Federal Networking and Information Technology Research & Development Program AGENCY: The National Coordination Office
(NCO)for Networking and Information Technology Research and Development (NITRD). ACTION: Request for Input (RFI). FOR FURTHER INFORMATION CONTACT: Detrice M. Wallace at
(703)292-4873. DATES: To be considered, submissions must be received by August 25, 2008. SUMMARY: This plan will focus on goals and capabilities that can only be achieved through interagency cooperation and coordination, and will complement and support the strategic plans of the individual agencies. It will encompass vision-driven themes in multiple dimensions to show research & development capabilities and challenges by using scenarios that demonstrate societal and economic impact. SUPPLEMENTARY INFORMATION: 1. *Overview:* The Subcommittee on Networking and Information Technology Research and Development (NITRD) is soliciting input from government, academia, and industry in the U.S. and abroad to assist in the development of a Five-Year Strategic Plan for the NITRD Program. The strategic plan will focus primarily on R&D goals that require interagency coordination, including multi-agency investments and joint programs, and respond to the priorities of the Federal government as a whole. This plan will complement and support each participating agency's strategic plan. This Request for Input is not a funding opportunity or a solicitation for proposals. Anonymized versions of some responses will be made publicly available to promote further discussion. 2. *Focus of the Strategic Plan:* The NITRD five-year strategic plan will guide the coordinated R&D efforts of the Federal agencies in the NITRD Program (see *http://www.nitrd.gov* for a description of the program and a listing of participating agencies). The strategic plan will: • Define a vision for the NITRD Program and identify desired, future networking and information technologies
(NIT)capabilities. • Provide a five-year framework for prioritizing fundamental research to attain major advances in the desired capabilities within ten years. • Ensure collaboration across agencies, academia, industry, and other domains to solve challenges that cannot be met by any agency acting alone. • Illustrate potential societal and economic positive impact on national-level and multi-disciplinary challenges (e.g., cybersecurity, healthcare, renewable energy, and environment). 3. *Description of Information Sought:* The NITRD Subcommittee seeks input from a range of stakeholders with the goal of developing an effective strategic plan for R&D to yield high-payoff scientific and engineering capabilities in NIT. The submissions should seek to answer the following questions: • What do you imagine as the future in terms of desired NIT capabilities? • What roles do you imagine for the NITRD Program and for the academic, commercial, international, and other domains in achieving that future? In addressing these questions, submitters are challenged to present views and input on one or more of the following subjects, in relation to NIT: • Development and execution of multi-agency and multi-disciplinary programs. • Determination of strategic goals, key challenges, opportunities, and research priorities. • Examples that illustrate the impact of realizing the vision, achieving the proposed goals, and meeting the identified challenges. • Transition of R&D results into practice. • Role of the U.S. in the international NIT arena. • Interactions among government, commercial, academic, and international sectors. 4. *Background:* A unique collaboration of 13 Federal agencies, the NITRD Program's mission is to formulate Federal NIT R&D to meet the following national goals: • Assure continued U.S. leadership in NIT to meet Federal goals and support U.S. 21st century government, academic, and industrial interests. • Accelerate deployment of advanced and experimental NIT to enhance national and homeland security; maintain world leadership in science, engineering, and mathematics; improve the quality of life; promote long-term economic growth; increase lifelong learning; and protect the environment. • Advance U.S. productivity and competitiveness through long-term scientific and engineering research in NIT. Currently there are two documents available for gathering background information. The first is the August 2007 publication, *Leadership Under Challenge: Information Technology R&D in a Competitive World,* an assessment of the NITRD Program by the President's Council of Advisors on Science and Technology (PCAST). A central recommendation in this assessment is the development, implementation, and maintenance of a cohesive strategic plan for the NITRD Program. The second document is the NITRD Program's previous internal Strategic Plan. The documents are available at: *http://www.nitrd.gov/pubs/index.htm* 5. *Submission Information:* To be considered, submissions must be received by August 25, 2008. Submitters of the white papers should: • Focus on interagency coordination of major NIT research directions and the proposed priorities of the Federal government as a whole. • Put all information in the main text; references may be used for background information. • Transmit the submissions as electronic documents to *nitrd-sp@nitrd.gov* . • Limit the size of documents to two pages. Note that this is an initial opportunity for public input to the strategic planning process; additional opportunities are expected as the plan is developed. This invitation is not a funding opportunity or a solicitation for proposals. Anonymized versions of some responses will be made publicly available to promote further discussion. The NITRD public Web site at *http://www.nitrd.gov* provides background information on the activities of the NITRD Program and its interagency coordinating groups. For general inquiries, please send e-mail to *nco@nitrd.gov.* Chris Greer, Director, NCO, Co-Chair, NITRD Subcommittee. Jeannette Wing, Assistant Director, NSF/CISE, Co-Chair, NITRD Subcommittee. Submitted by the National Science Foundation for the National Coordination Office
(NCO)for Networking and Information Technology Research and Development (NITRD) on July 21, 2008. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. E8-16975 Filed 7-24-08; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 AGENCY: National Science Foundation. ACTION: Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541. SUMMARY: The National Science Foundation
(NSF)is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On May 27, 2008, the National Science Foundation published a notice in the Federal Register of permit applications received. A permit was issued on July 21, 2008 to: Terrie M. Williams; Permit No. 2009-005. Nadene G. Kennedy, Permit Officer. [FR Doc. E8-17007 Filed 7-24-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-11209] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for Amendment of Byproduct Materials License No. 21-16544-01, for Unrestricted Release of a Facility in Ann Arbor, MI AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Peter J. Lee, PhD, CHP, Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone:
(630)829-9870; fax number:
(630)515-1259; or by e-mail at *Peter.Lee@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)is proposing to amend Byproduct Materials License No. 21-16544-01. This license is held by the Department of Commerce (the Licensee) for its Great Lakes Environmental Research Laboratory facility located at 2205 Commonwealth Boulevard, Ann Arbor, Michigan (the Facility). Issuance of the amendment would authorize release of the Facility for unrestricted use. The Licensee requested this action in a letter dated September 19, 2007. The NRC has prepared an Environmental Assessment
(EA)in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the **Federal Register** . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's September 19, 2007, license amendment request, resulting in release of the Facility for unrestricted use. License No. 21-16544-01 was issued on July 8, 1975, pursuant to 10 CFR part 30, and has been amended periodically since that time. The license authorizes the use of byproduct materials for in-vitro laboratory research studies and neutron activation studies on soil samples. The Licensee ceased using licensed materials in the Facility in 2007. The Licensee has conducted final status surveys of the Facility. The results of these surveys along with other supporting information were provided to the NRC to demonstrate that the criteria in Subpart E of 10 CFR part 20 for unrestricted release have been met. Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility and seeks the unrestricted use of its Facility. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: Hydrogen-3, carbon-14, antimony-125, cadmium-109, calcium-45, cerium-144, cesium-134, cesium-137, chlorine-36, cobalt-60, iodine-129, iron-55, manganese-54, polonium-209, polonium-210, radium-226, silver-100m, sodium-22, and zinc-65. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the Facility affected by these radionuclides. The Licensee completed final status surveys on the Facility on June 28, 2007. The surveys covered all areas of the Facility. The final status survey report was attached to the Licensee's amendment request dated September 19, 2007. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by using the screening values described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2 as the radionuclide-specific derived concentration guideline levels (DCGLs). These values provide acceptable levels of surface contamination to demonstrate compliance with the NRC requirements in Subpart E of 10 CFR part 20 for unrestricted release. The Licensee's final status survey results were below these values and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensee's final status survey results are acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material at the Facility. The NRC staff reviewed available docket file records and the survey results to identify any non-radiological hazards that may have impacted the environment surrounding the Facility. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that issuance of the proposed amendment authorizing release of the Facility for unrestricted use is in compliance with 10 CFR part 20. Based on its review, the staff considered the impact of the residual radioactivity at the Facility and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are, therefore, similar; and the no-action alternative is accordingly not further considered. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Michigan Department of Environmental Quality for review on May 27, 2008. By response dated May 27, 2008, the State agreed with the conclusions of the EA, and otherwise provided no comments. The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. Kimberly A. Kulpanowski, U.S. Department of Commerce, letter dated September 19, 2007 (ADAMS Accession No. ML081370332); 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 3. Title 10 Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 4. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities;” 5. NUREG-1757, “Consolidated NMSS Decommissioning Guidance.” 6. By response dated May 27, 2008, the State had no comments. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Lisle, Illinois this 15th day of July 2008. For the Nuclear Regulatory Commission. Christine A. Lipa, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E8-17118 Filed 7-24-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-263] Nuclear Management Company; Notice of Withdrawal of Application for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission) has granted the request of Nuclear Management Company, LLC (the licensee), to withdraw its March 31, 2008 (Agencywide Document Access and Management System Accession No. ML081010189) application, as supplemented by letters dated May 20, May 28, May 30, June 3, June 5, June 12, and June 25, 2008 (Accession Nos. ML081430494, ML081490639, ML081550504, ML081550640, ML081570467, ML081640435, and ML081770562) for proposed amendment to Renewed Facility Operating License No. DPR-22 for the Monticello Nuclear Generation Plant, located in Wright County, Minnesota. The proposed amendment would have increased the current maximum thermal power level authorized by Section 2.C(1) of the renewed facility operating license from 1,775 megawatts to 1,870 megawatts. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the **Federal Register** on May 6, 2008 (73 FR 25042). However, by letter dated June 25, 2008 (ADAMS Accession No. ML081770562), the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated March 31, 2008, as supplemented, and the licensee's letter dated June 25, 2008, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 18th day of July 2008. For the Nuclear Regulatory Commission. Peter S. Tam, Senior Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-17110 Filed 7-24-08; 8:45 am] BILLING CODE 7590-01-P RAILROAD RETIREMENT BOARD Proposed Data Collection Available for Public Comment and Recommendations SUMMARY: In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of l995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board will publish periodic summaries of proposed data collections. *Comments are invited on:*
(a)Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;
(b)the accuracy of the RRB's estimate of the burden of the collection of the information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. *Title and Purpose of information collection:* RUIA Claims Notification and Verification System: OMB 3220-0171. Section 5(b) of the Railroad Unemployment Insurance Act (RUIA), requires that effective January 1, 1990, “when a claim for benefits is filed with the Railroad Retirement Board (RRB), the RRB shall provide notice of such claim to the claimant's base year employer or employers and afford such employer or employers an opportunity to submit information relevant to the claim before making an initial determination on the claim. When the RRB initially determines to pay benefits to a claimant under the RUIA, the RRB shall provide notice of such determination to the claimant's base-year employer or employers.” The purpose of the RUIA Claims Notification System is to provide to unemployment and sickness claimant's base year employer or current employer, notice of each application and claim for benefits under the RUIA and to provide an opportunity for employers to convey information relevant to the proper adjudication of the claim. Railroad employers receive notice of applications and claims by one of three options. The first option, Form Letter ID-4K, is a computer generated form letter notice of all unemployment applications, unemployment claims and sickness claims received from employees of a railroad company on a particular day. Form Letters ID-4K are mailed on a daily basis to officials designated by railroad employers. The second option is an Electronic Data Interchange
(EDI)version of the Form Letter ID-4K notice. EDI notices of applications are transmitted to participating railroads on a daily basis, generally on the same day that applications are received. The third option, an Internet equivalent ID-4K, provides the required notification by the RRB through the RRB's Internet-based Employer Reporting System (ERS). Completion is voluntary. Railroad employers can respond to RRB notices of applications and claims manually by mailing a completed ID-4K back to the RRB or electronically via EDI or the ERS. No changes are being proposed to any of the ID-4K options. Upon receipt of notice that the RRB has allowed a claim either in whole, or in part, the claimant's base-year employer(s) may request a review of the determination to pay benefits, if the employers believe the determination is incorrect. The RRB utilizes Form Letter ID-4DE, Notice of RUIA Claim Determinations, an Electronic Data Interchange
(EDI)version of the Form Letter ID-4K notice and an Internet equivalent ID-4E to notify base-year employers that the RRB has made a determination to pay benefits and to allow them to request the RRB to review the determination. Form Letter ID-4E is mailed on a daily basis, generally on the same day that the claims are approved for payment. The EDI and Internet-equivalent ID-4Es are also sent to participating railroads on a daily basis, generally on the same day that the claims are approved for payment. Railroad employers can then request that the RRB review the determination either by filing a completed ID-4E by mail, EDI, or via the Internet. No changes are being proposed to any of the ID-4E options. Completion is voluntary. The estimated annual respondent burden is as follows: Estimate of Annual Respondent Burden Form number Annual responses Time
(min)Burden hours ID-4K (Manual) 1,250 2 42 ID-4K
(EDI)14,850 ** 210 ID-4K (Internet) 2,500 2 83 ID-4E (Manual) 75 2 3 ID-4E (Internet) 25 2 1 Total 18,700 339 ** The burden for the 5 participating employers who transmit EDI responses is calculated at 10 minutes each per day, 251 workdays a year or 210 total hours of burden. *Additional Information or Comments:* To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please call the RRB Clearance Officer at
(312)751-3363. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 N. Rush Street, Chicago, Illinois 60611-2092. Written comments should be received within 60 days of this notice. Charles Mierzwa, Clearance Officer. [FR Doc. E8-17068 Filed 7-24-08; 8:45 am] BILLING CODE 7905-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In the Matter of: SwedishVegas, Inc.; Order of Suspension of Trading July 23, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of SwedishVegas, Inc. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. Therefore, it is ordered, pursuant to section 12(k) of the Securities Exchange Act of 1934, that trading in the above-listed company is suspended for the period commencing at 9:30 a.m. EDT, July 23, 2008, and terminating at 11:59 p.m. EDT, on August 5, 2008. By the Commission. Florence E. Harmon, Acting Secretary. [FR Doc. 08-1466 Filed 7-23-08; 10:54 am]
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U.S. Code
CFR
128 references not yet in our index
  • 2 CFR 2700
  • 5 USC 601-612
  • Pub. L. 103-355
  • 108 Stat. 3327
  • 14 CFR 71
  • 1 CFR 51
  • 16 CFR 310
  • Pub. L. 110-188
  • 122 Stat. 635
  • 47 CFR 64.1200
  • 44 USC 3501-3521
  • 15 USC 6101-6108
  • 15 USC 6151-6155
  • 21 CFR 1310
  • 33 CFR 100
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 33 USC 1233
  • 40 CFR 52
  • 40 CFR 81
  • Pub. L. 104-4
  • 50 CFR 679
  • 50 CFR 600
  • Pub. L. 108-199
  • 188 Stat. 452
  • Pub. L. 109-447
  • 118 Stat. 3267
  • Pub. L. 108-447
  • 6 CFR 5
  • 109 Stat. 48
  • 42 USC 4321-4347
  • Pub. L. 94-163
  • Pub. L. 107-296
  • 116 Stat. 2135
  • 7 CFR 948
  • 7 USC 601-674
  • 7 CFR 984
  • 10 CFR 20
+ 88 more
Citation graph
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Direct final rule
Fed. Reg.Notices
Fed. Reg.Notices
Fed. Reg.Proposed Rules
U.S.C.§ 6101
U.S.C.§ 634
C.F.R.§ 71.1
U.S.C.§ 106
U.S.C.§ 553
U.S.C.§ 603
SCOTUS207 U.S. 556
SCOTUS121 U.S. 609
F. App'x165 F.3d 1371
Cites 216 · showing 12Cited by 0 across 0 sources
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