Title: USDA Biological Shipment Record—Beneficial Organisms: Foreign/Overseas Source (AD-941); Quarantine Facility (AD-942); and Non-Quarantine (AD-943).

OMB Number: 0518-0013.

Expiration Date: 3 years from date of approval.

Type of Request: To renew the currently approved information collection.

Abstract: The purpose of the Biological Control Documentation Program is to record the importation (AD-941), release from quarantine (AD-942), and shipment and/or field release/recolonization (AD-942 and AD-943) of foreign/introduced beneficial organisms (pollinators and biological control agents for invasive species). The information collected is entered into the USDA “Releases of Beneficial Organisms in the United States and Territories” (ROBO) database, established in 1984. It is a cooperative program among USDA and other Federal agencies, state governmental agencies, and U.S. universities. The use of the forms and the information provided is voluntary. The program is for the benefit of biological control research and action agency personnel, taxonomists, federal and state regulatory agencies, agricultural administrators, and the general public. The AD-941 has been computerized and efforts are underway to replace the other paper forms with computerized information collection, and when completed, only those units for which computerized input is not possible would use the forms.

Estimate of Burden: Public reporting burden for this collection of information is estimated to average 1/12 hour per response.

Non-Federal Respondents: Universities, and state and local governments.

Estimated Number of Non-Federal Respondents: 40.

Estimated Number of Responses per Respondent: An average of 3 (range 1-30).

Estimated Total Annual Burden on Respondents: 10 hours.

Copies of the three forms used in this information collection, and information on the computerized form can be obtained from Glenn Hanes, ARS Biological Control Documentation Center, at (301) 504-8137.

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 use of appropriate automated, electronic, mechanical or other technological collection techniques or other forms of information technology. Comments may be sent to: Glenn Hanes, ARS Biological Control Documentation Center, National Program Staff, ARS, USDA, National Agricultural Library, 10301 Baltimore Avenue, Beltsville, MD 20705-2351.

All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

Title: Select Agent Registration.

OMB Number: 0579-0213.

Type of Request: Extension of approval of an information collection.

Abstract: The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 provides for the regulation of certain biological agents and toxins by the Department of Agriculture (USDA) and the Department of Health and Human Services (HHS). Under section 212 of the Act, USDA regulates biological agents and toxins that have the potential to pose a severe threat to both human and animal health, to animal health, to plant health, or to animal and plant products. The Animal and Plant Health Inspection Service (APHIS) has the primary responsibility for implementing the provisions of the Act within USDA. Select agents and toxins that have been determined to pose a severe threat to both human and animal health or animal products are subject to regulation by both APHIS and the Centers for Disease Control and Prevention (CDC), HHS, which has the primary responsibility for implementing the provisions of the Act within HHS.

APHIS regulations are contained in 7 CFR 331 (plant) and 9 CFR 121 (animal and overlap). They require an individual or entity (unless specifically exempted under the regulations) to register with APHIS or, for overlap agents or toxins, APHIS or CDC, in order to possess, use, or transfer biological agents or toxins.

To register, an individual or entity must submit a registration application package; develop and implement a Biocontainment and Security Plan or Biosafety and Security Plan, as applicable; and request access approval for individuals who have been identified as having a legitimate need to handle or use listed agents or toxins and who have the appropriate training and skills to handle or use such agents or toxins.

We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities for an additional 3 years.

The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

(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 our estimate of the burden of the information collection, 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 information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses.

Estimate of burden: The public reporting burden for this collection of information is estimated to average 1.7033 hours per response.

Respondents: Researchers, universities, research and development organizations, diagnostic laboratories, and other interested parties who possess, use, or transfer select agents or toxins.

Estimated annual number of respondents: 655.

Estimated annual number of responses per respondent: 1.1526717.

Estimated annual number of responses: 755.

Estimated total annual burden on respondents: 1,286 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

Title: Treatments for Fruits and Vegetables.

OMB Number: 0579-0281.

Type of Request: Extension of approval of an information collection.

Abstract: As authorized by the Plant Protection Act (7 U.S.C. 7701 et seq. ) (PPA), the Secretary of Agriculture may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, means of conveyance, or other article if the Secretary determines that the prohibition or restriction is necessary to prevent a plant pest or noxious weed from being introduced into or disseminated within the United States. This authority has been delegated to the Animal and Plant Health Inspection Service (APHIS), which administers regulations to implement the PPA.

Regulations governing the interstate movement of plants and plant products from Hawaii and U.S. territories, including Guam, Puerto Rico, and the U.S. Virgin Islands, are contained in 7 CFR 318, “Hawaiian and Territorial Quarantine Notices.” These regulations are necessary to prevent the interstate spread of plant pests such as the Mediterranean fruit fly, the melon fly, the Oriental fruit fly, green coffee scale, the bean pod borer, and other plant pests to noninfested areas of the United States.

Certain fruits and vegetables moved interstate from Hawaii, Puerto Rico, and the U.S. Virgin Islands must undergo irradiation treatment. Requirements for irradiation treatment of fruits and vegetables are contained in 7 CFR 305, “Phytosanitary Treatments.” These requirements involve information collection activities, including the use of permits, certificates, requests for facility approval, and package marking.

We are asking the Office of Management and Budget (OMB) to approve our use of these information collection activities for an additional 3 years.

The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

(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 our estimate of the burden of the information collection, 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 information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses.

Estimate of burden: The public reporting burden for this collection of information is estimated to average 0.2444 hours per response.

Respondents: Persons moving fruits and vegetables interstate from Hawaii, Puerto Rico, and the U.S. Virgin Islands, irradiation facility personnel, shippers, and State plant regulatory officials.

Estimated annual number of respondents: 23.

Estimated annual number of responses per respondent: 9.7826.

Estimated annual number of responses: 225.

Estimated total annual burden on respondents: 55 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

As explained in this notice, CCC will operate the 2008 DCP program as required by the 2008 Farm Bill using the standards of 7 CFR 1412 to the extent they are not in conflict with the 2008 Farm Bill and this notice. With a few changes, the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246) (the 2008 Farm Bill) authorizes a continuation for the 2008 crop year of the Direct and Counter-cyclical Program authorized by the Farm Security and Rural Investment Act of 2002 (the 2002 Farm Bill) and set forth in regulations at 7 CFR 1412.

Section 1001 of the 2008 Farm Bill provides that the base acres and yields established by the 2002 Farm Bill that were in effect on September 30, 2007 will, with a few exceptions, constitute the base acres for the 2008 through 2012 crop years. The 2008 Farm Bill contains requirements for adjustments of base acres for various reasons including, but not limited to, land no longer being devoted to agricultural uses.

With respect to payment yields, the 2008 Farm Bill provides that the payment yields for direct and counter cyclical payments under the 2002 Farm Bill, as in effect on September 30, 2007, will be used. Section 1102 further requires the Secretary to establish a payment yield for direct and counter-cyclical payments for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under the 2002 Farm Bill. For new yields, this will involve a determination of an average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted was zero. An adjustment to the payment yield will equal the product of the average yield and the ratio resulting from dividing the national average yield for the 1981 through 1985 crops by the national average for the 1998 through 2001 crops. If the yield for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield, then the Secretary will assign a yield equal to 75 percent of the county yield to determine the average.

Like with the 2002 Farm Bill, the 2008 Farm Bill sets forth certain requirements to which the participant must agree to be eligible for direct and counter-cyclical payments. Included in these requirements is the requirement to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices. These provisions will continue to be applicable in 2008.

One significant change in the 2008 Farm Bill that was not present in the 2002 Farm Bill, which will be implemented in 2008, relates to farms with small bases. A producer on a farm may not receive DCP payments if the sum of the base acres of the farm is 10 acres or less. However, such prohibition does not apply to a farm that is wholly owned by socially disadvantaged or limited resource farmers or ranchers, as provided by Section 1101 of the 2008 Farm Bill. If the farm is owned by a legal entity, such as a corporation, each shareholder, partner, or member of the entity must be a socially disadvantaged or limited resource farmer or rancher. Effective with the date of publication of this notice, to be assured that producers on farms with base acres of 10 acres or less are prohibited from receiving payments as provided in the 2008 Farm Bill, Farm Service Agency County Committees (COC) will not approve requests for farm combination reconstitutions of farms having base acres of 10 acres or less if the request was received after the date of enactment of the 2008 Farm Bill (May 22, 2008). However, as an exception to the above rule, a farm with a total of 10 base acres or less may combine with another farm if one of the farms undergoes a change in land ownership. To qualify for this exception the owners of each of the farms participating in the new combination must be identical and have identical shares in both farms.

Subject to subsections (b) and (c) of section 1108 of the 2008 Farm Bill, for the purposes of determining the amount of the counter-cyclical payments to be paid to the producers on a farm for long grain rice and medium grain rice under section 1104 of the 2008 Farm Bill, base acres on the farm will be apportioned based on acreage planted to long grain rice and medium grain rice during the 2003-2006 crop years. Section 1108 requires that base acres, payment acres, and payment yields established with respect to rice under sections 1101 and 1102 be maintained. Although these provisions of the 2008 Farm Bill are effective for the 2008 crop year, because of administrative concerns related to the late date of enactment of the 2008 Farm Bill, these calculations cannot be accomplished at this time, as counter-cyclical payments are not anticipated for rice in 2008. This should have no impact. If the situation changes, measures will be taken to implement these provisions.

In response to concerns regarding the sharing of contract payments and various forms of cash and share leases (such as traditional cash leases, traditional share leases, and combination or flex leases that have features of both traditional cash and traditional share leases), an Advance Notice of Proposed Rulemaking was issued on September 28, 2007 (72 FR 55105-55108). Accordingly, regulations will be issued to clarify that for the purpose of determining payments made with respect to the 2009 through 2012 crop years, combination or flex leases will be viewed as cash leases.

The final enrollment date for 2008 DCP is September 30, 2008. A DCP contract not having all requisite signatures of producers having more than a zero share of DCP contract acreage on or before the enrollment deadline will not be considered submitted to CCC for any purpose and will not be acted on or approved. With respect to those contracts submitted by a producer on or before September 30, 2008, that were not signed by other producers on the farm, DCP payments will be issued only with respect to the producers who enrolled prior to September 30, 2008.

Accordingly, this notice announces that CCC will implement DCP provisions for the 2008 crop year based on the current regulation in 7 CFR 1412, Direct and Counter-cyclical Program except as otherwise noted in this Notice and as otherwise required by the 2008 Farm Bill.

FSA has determined that this change would not constitute a major Federal action that would significantly affect the quality of the human environment. Therefore, in accordance with the 7 CFR 799, Environmental Quality and Related Environmental Concerns—Compliance with the National Environmental Policy Act, implementing the regulations of the Council on Environmental Quality (40 CFR 1500-1508), no environmental assessment or environmental impact statement will be prepared.

On February 1, 2008, the Department of Commerce (the “Department”) published in the Federal Register the preliminary results of these new shipper reviews of the antidumping duty order (“Order”) on certain frozen fish fillets from the Socialist Republic of Vietnam (“Vietnam”). See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Partial Rescission and Preliminary Results of the First New Shipper Reviews , 73 FR 6119 (February 1, 2008) (“ Preliminary Results ”); Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam , 68 FR 47909 (August 12, 2003) (“ Order ”). The Preliminary Results were announced to interested parties on January 22, 2008. Since the Preliminary Results , the following events have occurred.

On January 30, 2008, Vinh Quang Fisheries Co., Ltd. (“Vinh Quang”) filed comments on the Department's preliminary rescission of Vinh Quang/New Century's 1 new shipper review. Additionally, on February 12, 2008, the Catfish Farmers of America (“Petitioners”) submitted rebuttal comments regarding Vinh Quang/New Century's preliminary results comments. On February 13, 2008, Vinh Quang/New Century submitted rebuttal comments to Petitioners' February 12, 2008, letter. On February 28, 2008, the Department issued a memorandum regarding its analysis of the post-preliminary results of Vinh Quang/New Century. In the post-preliminary results memorandum, the Department reversed its preliminary decision to rescind the new shipper review for Vinh Quang/New Century and calculated an antidumping duty margin for Vinh Quang/New Century for purposes of providing all parties an opportunity to comment on a calculated antidumping duty margin prior to the final results. See Memorandum to the File, through James C. Doyle, Director, Office 9, and Alex Villanueva, Program Manager, Office 9, from Julia Hancock, Senior Analyst, Office 9, Subject: Post-Preliminary Results Analysis of Vinh Quang/New Century” (February 28, 2008) (“VQ Post-Prelim Rescission Memo”).

On April 10, 2008, Petitioners, Anvifish Co., Ltd. (“Anvifish”), Ngoc Thai Company, Ltd. (“Ngoc Thai”), and Vinh Quang/New Century submitted case briefs. Also on April 15, 2008, Petitioners, Anvifish, and Vinh Quang/New Century submitted rebuttal briefs. On May 20, 2008, the Department extended the time limit for completion of the final results of these new shipper reviews by 60 days. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Time Limit for Final Results of the New Shipper Reviews , 73 FR 29111 (May 20, 2008).

The period of review (“POR”) is August 1, 2006, through January 31, 2007.

The product covered by this order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti , Pangasius Hypophthalmus (also known as Pangasius Pangasius ), and Pangasius Micronemus . Frozen fish fillets are lengthwise cuts of whole fish. The fillet products covered by the scope include boneless fillets with the belly flap intact (“regular” fillets), boneless fillets with the belly flap removed (“shank” fillets), boneless shank fillets cut into strips (“fillet strips/finger”), which include fillets cut into strips, chunks, blocks, skewers, or any other shape. Specifically excluded from the scope are frozen whole fish (whether or not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen whole dressed fish are deheaded, skinned, and eviscerated. Steaks are bone-in, cross-section cuts of dressed fish. Nuggets are the belly-flaps.

The subject merchandise will be hereinafter referred to as frozen “basa” and “tra” fillets, which are the Vietnamese common names for these species of fish. These products are classifiable under tariff article codes 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (“HTSUS”). 2 This order covers all frozen fish fillets meeting the above specification, regardless of tariff classification. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive.

In the Preliminary Results , the Department preliminarily rescinded this review with respect to Ngoc Thai. The Department found in the Preliminary Results that Ngoc Thai was affiliated and should be treated as a single entity with Thai Tan Seafood Company (“Thai Tan”), Ngoc Thu Company, Ltd. (“Ngoc Thu”), and Kim Anh Company (“Kim Anh”) (collectively, the “Kim Anh Group”), pursuant to section 771(33) of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.401(f)(1); see Memorandum to James C. Doyle, Director, Office 9, through Alex Villanueva, Program Manager, Office 9, from Michael Holton, Senior Case Analyst, Subject: New Shipper Review of the Antidumping Duty Order on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Affiliation and Collapsing of Ngoc Thai Company Ltd., (January 22, 2008) (“Ngoc Thai Affiliation Memo”). Because the Department found that the Kim Anh Group, including Ngoc Thai, is a single entity, the Department preliminarily rescinded the new shipper review of Ngoc Thai because as a single entity the Kim Anh Group shipped subject merchandise over a year prior to the POR of this new shipper review. See Ngoc Thai Affiliation Memo.

We received comments with respect to our preliminary decision to rescind the new shipper review for Ngoc Thai. The Department continues to find that the deadline for requesting a new shipper review of the Kim Anh Group's first entry of subject merchandise had passed, pursuant to 19 CFR 351.214(b)(2)(iv)(A) and 19 CFR 351.214(c). Accordingly, the Department continues to find that the Kim Anh Group's request for a new shipper review of Ngoc Thai was untimely, pursuant to 19 CFR 351.214(b)(2)(iv)(A) and 19 CFR 351.214(c). See Comment 7 of the “Issues and Decision Memorandum for the Final Results and Partial Rescission of the First New Shipper Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam” (“Issues and Decision Memorandum”) accompanying this notice for a detailed discussion of our decision with respect to Ngoc Thai. Because the Kim Anh Group shipped subject merchandise over a year prior to the POR of this new shipper review, the Department is rescinding Ngoc Thai's new shipper review. See 19 CFR 351.214(c).

In the Preliminary Results , we determined that one new shipper, Anvifish, met the criteria for the assignment of a separate rate. See Preliminary Results , 73 FR at 6123. Additionally, in the VQ Post-Prelim Rescission Memo, where we reversed our preliminary decision to rescind the new shipper review for Vinh Quang/New Century, we also determined that Vinh Quang/New Century met the criteria for the assignment of a separate rate. See Memorandum to the File, through Alex Villanueva, Program Manager, from Julia Hancock, Senior Analyst, Subject: 1 st New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Analysis for Vinh Quang Fisheries Corporation (“Vinh Quang”) (February 28, 2008) at 10-12 (“Vinh Quang Post-Prelim Analysis Memo”). The Department received no comments on these issues, and we did not receive any further information since the issuance of the Preliminary Results and the VQ Post-Prelim Analysis Memo that provides a basis for the reconsideration of these determinations.

Additionally, as discussed above, the Department is not performing a separate rate analysis to determine whether the other new shipper, Ngoc Thai, is eligible for a separate rate for the final results because the Department is rescinding Ngoc Thai's request for a new shipper review. See 19 CFR 351.214(c).

All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. Parties can find a complete discussion of the issues raised in this administrative review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit (“CRU”), Room 1117 of the main Department building. In addition, a copy of the Issues and Decision Memorandum can be accessed directly on our website at http://ia.ita.doc.gov/ . The paper copy and electronic version of the Issues and Decision Memorandum are identical in content.

Based on a review of the record as well as comments received from parties regarding our Preliminary Results , we have made revisions to the margin calculations for Anvifish and Vinh Quang for the final results. For all changes to the calculations for Anvifish and Vinh Quang/New Century, see the Issues and Decision Memorandum and the company-specific analysis memoranda.

We determine that the following weighted-average dumping margins exist for the period August 1, 2006, through January 31, 2007:

Pursuant to 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries on a per-unit basis. 3 The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. For assessment purposes, where possible, we calculated importer-specific per-unit duty assessment rates for subject merchandise from Vietnam. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review.

The following cash-deposit requirements will be effective upon publication of the final results of these new shipper reviews for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) for subject merchandise produced and exported by Anvifish, or produced and exported by Vinh Quang/New Century, the cash deposit rate will be the company-specific rate show above (except that if the rate for a particular company is de minimis , i.e. , less than 0.5 percent, no cash deposit will be required for that company); (2) for subject merchandise exported by Anvifish but not manufactured by Anvifish, and for subject merchandise exported by Vinh Quang/New Century but not manufactured by Vinh Quang/New Century, the cash deposit rate will continue to be the Vietnam-wide rate ( i.e. , 63.88 percent); and (3) for subject merchandise manufactured by Anvifish or Vinh Quang/New Century, but exported by any other party, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirement will remain in effect until further notice.

This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties.

This notice also serves as a reminder to parties subject to administrative protective orders (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(2)(B), and 777(i)(1) of the Act and 19 CFR 351.214(h)(i).

A. Apex Foods Limited and Bionic

B. Adequate Notice

A. Rescission of Vinh Quang

B. Bona Fide Nature of Vinh Quang's Sale

C. U.S. Inland Freight

A. Basis of U.S. Sales

B. Bona Fide Nature of Anvifish's Sale

C. Deduction of By-products

The Gulf of Mexico Fishery Management Council (Council) has scheduled a series of public hearings on Reef Fish Amendment 29, Spiny Lobster and Aquaculture Amendment. Reef Fish Amendment 29 proposes to rationalize effort and reduce overcapacity in the commercial grouper and tilefish fisheries in order to achieve and maintain optimum yield (OY). Effort management approaches considered in this amendment include permit endorsements and the implementation of an Individual Fishing Quota (IFQ) program. Spiny Lobster Amendment 8 examines various alternatives to restrict imports of spiny lobster into the United States to minimum conservation standards to achieve an increase in the spawning biomass of the spiny lobster stock and increase long-term yields from the fishery. The Aquaculture amendment will require persons to obtain a permit from NMFS to participate in aquaculture by constructing an aquaculture facility in the EEZ of the Gulf of Mexico. Each application for a permit must comply with many permit conditions related to record keeping and operation of the facility. These permit conditions will assure the facility has a minimal affect on the environment and on other fishery resources. Compliance with the conditions will be evaluated annually for the duration of the permit as the basis for renewal of the permit for the next year.

An informal open question and answers session on IFQ's will begin at 5:30 p.m. At 6 p.m. the public hearings will begin and conclude at the end of public testimony or no later than 9 p.m. at each of the following locations:

• Monday, July 21, 2008 , Reef Fish Amendment 29 Public Hearing, Best Western, 5914 Seawall Blvd., Galveston, TX 77550; telephone: (409) 740-1261;

• Monday, July 21, 2008 , Spiny Lobster, Reef Fish Amendment 29 and Aquaculture Amendment Public Hearings, Radisson Hotel, 3820 N. Roosevelt Blvd., Key West, FL 33040, telephone: (305) 294-5511;

• Tuesday, July 22, 2008 , Reef Fish Amendment 29 Public Hearing, Hilton Airport, 901 Airline Drive, Kenner, LA 70062, telephone: (504) 469-5000;

• Tuesday, July 22, 2008 , Spiny Lobster and Reef Fish Amendment 29 Public Hearings, Banana Bay Resort, 4590 Overseas Highway, Marathon, FL 33050, telephone: (305) 743-3500;

• Wednesday, July 23, 2008 , Spiny Lobster and Reef Fish Amendment 29 Public Hearings, Doubletree, 2649 S. Bayshore Blvd., Miami, FL 33133, telephone: (305) 858-2500;

• Wednesday, July 23, 2008 , Reef Fish Amendment 29 Public Hearing, Wingate Inn, 12009 Indian River Road, Biloxi, MS 39540, telephone: (228) 396-0036;

• Thursday, July 24, 2008 , Reef Fish Amendment 29 Public Hearing, Clarion Hotel, 12635 S. Cleveland Ave., Ft. Myers, FL 33907, telephone: (239) 936-4300;

• Thursday, July 24, 2008 , Reef Fish Amendment 29 Public Hearing, City of Orange Beach Parks & Rec., 27235 Canal Rd, Orange Beach, AL 36561, telephone: (251) 981-6028;

• Wednesday, July 30, 2008 , Reef Fish Amendment 29 Public Hearing, Quorum, 700 N. Westshore Blvd, Tampa, FL 33609, telephone: (813) 289-8200;

• Thursday, July 31, 2008 , Reef Fish Amendment 29 Public Hearing, NMFS Panama City Lab, 350 Dellwood Beach Dr., Panama City, FL 32408, telephone: (850) 234-6541.

Copies of the Amendments can be obtained by calling the Council office at (813) 348-1630.

These hearings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina O'Hern at the Council (see ADDRESSES ) at least 5 working days prior to the meeting.

The conference call will begin at 2 p.m. EDT and conclude no later than 3:30 p.m. EDT. Listening stations are available at the following locations:

The Gulf Council office (see ADDRESSES ), and the National Marine Fisheries Service (NMFS) offices as follows:

263 13th Ave. S., St Petersburg, FL 33701, Karolyn Potter, telephone: (727) 551-5705; and

75 Virginia Beach Drive, Miami, FL 32149, Sonia Prevo, telephone: (305) 361-4200.

The Spiny Lobster Advisory Panel will discuss Amendment 8 on FMP of Gulf of Mexico and South Atlantic, preferred alternatives of the South Atlantic, and the Advisory panel recommendations for the fishery management plan.

Although other non-emergency issues not on the agenda may come before the Spiny Lobster AP for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during the meeting. Actions will be restricted to the issue specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take action to address the emergency.

The listening stations are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina O'Hern at the Council (see ADDRESSES ) at least 5 working days prior to the meeting.

The purpose of this meeting will be to review NMFS' proposed rule to modify National Standard 2 of the Magnuson-Steven Act. Particular emphasis will focus on compliance with new annual catch limits (ACL) and accountability measures (AM).

Although non-emergency issues not contained in this agenda may come before this group for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Bryan, (302) 674-2331 extension 18, at the Council Office at least five days prior to the meeting date.

The HMSMT will discuss the following topics: (1) the environmental analysis for a range of alternatives for a limited entry program to allow a shallow-set longline fishery, which targets swordfish, to be prosecuted from the west coast, including qualifying criteria for limited entry; (2) a range of options for the management of the recreational fishery for thresher sharks in California; (3) preparation of the 2008 HMS Stock Assessment and Fishery Evaluation (SAFE) report; (4) a NMFS proposal to develop management concepts for the west coast albacore troll fishery; and (5) application of the results of a recent workshop on interactions between west coast swordfish fisheries and leatherback sea turtles to future research, monitoring, and management.

Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at (503) 820-2280 at least 5 days prior to the meeting date.

The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Board will discuss interim finding and recommendations resulting from ongoing Task Force activities. The study will focus on the whats and whys of capability surprise and the measures to ensure that DoD and its interested partners are best positioned to prevent, or mitigate, capability surprise against itself. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security.

In accordance with section 10(d) of the Federal Advisory Committee Act, Public Law No. 92-463, as amended (5 U.S.C. App. 2) and 41 CFR 102-3.155, the Department of Defense has determined that these Defense Science Board Quarterly meetings will be closed to the public. Specifically, the Under Secretary of Defense (Acquisition, Technology and Logistics), with the coordination of the DoD Office of General Counsel, has determined in writing that all sessions of these meetings will be closed to the public because they will be concerned throughout with matters listed in 5 U.S.C. 552b(c)(1).

Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed above, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice.

Purpose of the Meeting: The purpose of the meeting is to obtain, review and evaluate information related to scientific, technical and policy-related issues for the nation's joint enterprise, and U.S. Joint Forces Command with emphasis on how these issues relate to the shaping of the command's efforts today and in the future.

Agenda: Topics include: Joint Operating Environment, Futures, Capstone Concept for Joint Operations.

Meeting Accessibility: Pursuant to 5 U.S.C. 552b, and 41 CFR 102-3.155, the Department of Defense has determined that the meeting shall be closed to the public. Per delegated authority by the Chairman, Joint Chiefs of Staff, LTG John R. Wood, Deputy Commander, U.S. Joint Forces Command in consultation with his legal advisor, has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in section 552b(c)(1) of Title 5, U.S.C.

Written Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the membership of the Transformation Advisory Group at any time or in response to the stated agenda of a planned meeting. Written statements should be submitted to the Transformation Advisory Group's Designated Federal Officer; the Designated Federal Officer's contact information can be obtained from the GSA's FACA Database— https://www.fido.gov/facadatabase/public.asp. Written statements that do not pertain to a scheduled meeting of the Transformation Advisory Group may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at a planned meeting then these statements must be submitted no later than 14 business days prior to the meeting in question. The Designated Federal Officer will review all submitted written statements and provide copies to all the committee members.

ESG COMPTUEX (July 2008) is a major Navy Atlantic Fleet training exercise proposed to occur in July 2008 in the offshore Cherry Point, Charleston, and Jacksonville Operating Areas (OPAREAs) and adjacent military installations. The purpose of this exercise is to certify naval forces as combat-ready. Activities conducted during the exercise include air-to-ground bombing, shore fire control party training, amphibious landings, non-explosive naval gunfire, fast attack craft/fast inshore attack craft, maritime interdiction operations and anti-submarine warfare, including use of mid-frequency active sonar.

The FONSI is based on analysis contained in a Comprehensive Environmental Assessment (EA) addressing environmental impacts associated with land-based training for Major Atlantic Fleet Training Exercises on the East and Gulf Coasts of the U.S. (February 2006) and the EA for Routine Shore Fire Control Party (SFCP) Training, Marine Corps Base Camp Lejeune (July 2002). The FONSH is based on analysis contained in a Comprehensive Overseas Environmental Assessment (OEA) (February 2006) and a Supplement to the Comprehensive OEA (SOEA) for environmental impacts associated with Navy's conduct of major exercise training in offshore operating areas along the East and Gulf Coasts of the U.S. (April 2008).

Environmental concerns addressed in the EA included land use, community facilities, coastal zone management, socioeconomics, cultural resources, airspace, air quality, noise, geology, soils, water resources, biological resources, munitions and hazardous materials management, and safety.

The EA and OEA addressed potential impacts to the ocean physical environment, fish and Essential Fish Habitat; sea turtles and marine mammals; seabirds and migratory birds; endangered and threatened species; socioeconomics; and cultural resources. The SOEA included an updated analysis of MFA sonar use.

This action includes mitigation measures to reduce impacts to a level that is less than significant. In accordance with the Major Atlantic Fleet Training Exercise EA and OEA and the SOEA and the evaluation of the nature, scope and intensity of the proposed action, the Navy finds that the conduct of the ESG COMPTUEX in July 2008 will not significantly impact or harm the environment and, therefore, an Environmental Impact Statement or Overseas Environmental Impact Statement is not required.

Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g., new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment.

The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology.

Type of Review: Extension.

Title: Teacher Education Assistance for College and Higher Education (TEACH) Grant Program Agreement to Serve.

Frequency: On Occasion.

Affected Public: Individuals or household.

Reporting and Recordkeeping Hour Burden:

Abstract: The TEACH Grant Program Agreement to Serve must be signed by a student each year before receiving a TEACH Grant. By signing the Agreement to Serve, the student promises to meet the teaching service requirements of the TEACH Grant Program as described in the Agreement, and to repay with interest the full amount of any TEACH Grant as a Direct Unsubsidized Loan if the student does not complete the required teaching service or otherwise fails to meet the requirements of the TEACH Grant Program.

Requests for copies of the proposed information collection request may be accessed from http://edicsweb.ed.gov , by selecting the “Browse Pending Collections” link and by clicking on link number 3747. 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.

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 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.

The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology.

Type of Review: Revision.

Title: Beginning Postsecondary Study 2004/09 (BPS:04/09) Transcript Collection.

Frequency: One time.

Affected Public: Businesses or other for-profit; Not-for-profit institutions; State, Local, or Tribal Gov't, SEAs or LEAs.

Reporting and Recordkeeping Hour Burden:

  Responses: 2,619.

  Burden Hours: 7,857.

Abstract: This is a revision to the 2004/09 Beginning Postsecondary Students Longitudinal Study (BPS:04/09). This revision is to collect postsecondary transcripts for sample members. The BPS is being conducted to continue the series of longitudinal collection efforts started in 1990 with the National Postsecondary Students Aid Study to enhance knowledge concerning progress and persistence in postsecondary education for new entrants. The study will address issues such as progress, persistence, and completion of postsecondary education programs, entry into the workforce, the relationship between experiences during postsecondary education and various societal and personal outcomes, and returns to the individual and to society on the investment in postsecondary education.

Requests for copies of the proposed information collection request may be accessed from http://edicsweb.ed.gov , by selecting the “Browse Pending Collections” link and by clicking on link number 3746. 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.

5 U.S.C. 552a(e)(4) and (11) provides that the public be afforded a 30-day period in which to comment on this creation of a system of records. Additionally, a copy of this notice has been submitted to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget, pursuant to 5 U.S.C. 552a(r).

The Office of Inspector General Investigative Files consists of paper records maintained in folders, binders and logbooks; and various records in electronic form. The folders, binders and logbooks are stored in the Office of Inspector General's file cabinets and offices. The electronic records are maintained on a file server and backup tapes. The records are retrieved by the name of the subject of the investigation or inquiry, Records are only accessible to OIG staff authorized to review such records and only for the purpose of performing investigations.

Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities.

Tentative Topics (agenda topics may change up to the day of the meeting; please contact Robert L. Pence for the most current agenda):

• Cultural and Historic Areas at the Idaho National Laboratory.

• Progress to Cleanup.

• Waste Area Group 7 (WAG-7) Draft Record of Decision.

• Accelerated Retrieval Project III Engineering Evaluation/Cost Analysis.

• WAG-10 Proposed Plan.

• WAG-3 Work Plan.

• Understanding Indian Culture and Federal Tribal Relations.

Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Robert L. Pence at the address or telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments.

Minutes: Minutes will be available by writing or calling Robert L. Pence, Federal Coordinator, at the address and phone number listed above. Minutes will also be available at the following Web site: http://www.inlemcab.org/meetings.html.

Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities.

This agenda is subject to change at least one day in advance of the meeting.

Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments.

Minutes: Minutes will be available by writing or calling Menice Santistevan at the address or phone number listed above. Minutes and other Board documents are on the Internet at: http://www.nnmcab.org/minutes/board-minutes.htm .

Throughout this document, whenever “we,” “us” or “our” is used, we mean EPA.

Today's action is simply an announcement of a finding that we have already made. EPA New England sent a letter to the Rhode Island Department of Environmental Management on June 16, 2008, stating that the 2008 and 2009 motor vehicle emissions budgets (MVEBs) in the Providence (All of RI), RI 8-hour ozone nonattainment area are adequate. Rhode Island submitted the budgets on April 30, 2008, as part of the 8-hour ozone attainment demonstration and reasonable further progress plan for Rhode Island. This submittal was announced on EPA's conformity Web site, and received no comments. (See http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. Once there, click on ”What SIP submissions are currently under EPA adequacy review?”)

The 2008 and 2009 MVEBs, in tons per summer day (tpsd), for volatile organic compounds (VOC) and oxides of nitrogen (NO X ) for Providence (All of RI), RI, are as follows:

Transportation conformity is required by section 176(c) of the Clean Air Act. EPA's conformity rule requires that transportation plans, programs, and projects conform to state air quality implementation plans and establishes the criteria and procedures for determining whether or not they do. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards.

The criteria by which we determine whether a SIP's motor vehicle emissions budgets are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). We have described our process for determining the adequacy of submitted SIP budgets in our July 1, 2004, preamble starting at 69 FR 40038, and we used the information in these resources while making our adequacy determination. Please note that an adequacy review is separate from EPA's completeness review, and it also should not be used to prejudge EPA's ultimate approval of the SIP. Even if we find a budget adequate, the SIP could later be disapproved.

How Can I Access the Docket and/or Submit Comments?

EPA has established a public docket for each of the ICRs identified in this document (see the Docket ID numbers for each ICR that are provided in the text), which is available for online viewing at http://www.regulations.gov, or in person viewing at the Air 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 Docket is 202-566-1742.

Use http://www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the Docket ID number identified in this document.

Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to:

(i) 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;

(ii) 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;

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

(iv) 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. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

You may find the following suggestions helpful for preparing your comments:

1. Explain your views as clearly as possible and provide specific examples.

2. Describe any assumptions that you used.

3. Provide copies of any technical information and/or data you used that support your views.

4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide.

5. Offer alternative ways to improve the collection activity.

6. Make sure to submit your comments by the deadline identified under DATES .

7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

Docket ID No.: EPA-HQ-OAR-2005-0120-0003.

Affected entities: Entities potentially affected by this action are large on-highway heavy-duty engine and vehicle manufacturers.

Title: Nonconformance Penalties for Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks; Reporting and Recordkeeping Requirements (Renewal).

ICR numbers: EPA ICR No. 1285.07, OMB Control No. 2060-0132.

ICR status: This ICR is currently scheduled to expire on November 30, 2008. 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: Nonconformance penalties (NCP) provisions allow a manufacturer to introduce into commerce heavy-duty engines (HDEs) or heavy-duty vehicles (HDVs), including light-duty trucks (LDTs), which fail to conform with certain emission standards, upon payment of a monetary penalty. The information collection activities for the NCP program include the collection of periodic reports and other information which the manufacturer creates and submits to the Compliance and Innovative Strategies Division (CISD), Office of Transportation and Air Quality (OTAQ), Office of Air and Radiation (OAR), of the U.S. Environmental Protection Agency (EPA). CISD uses this information to ensure that manufacturers are in compliance with the regulations of the Clean Air Act (Act) and paying the appropriate penalties. The information submitted in the manufacturers' NCP reports is stored in CISD's computer tracking system to ensure accurate accounting of NCP payments. Since nonconformance penalties and associated PCAs are an option elected by manufacturers, EPA cannot be certain how many engine families manufacturers will request to be included in the NCP program each year. Likewise, we cannot be certain of the number of PCAs that will be conducted each model year. However, EPA estimates for ICR purposes, that six engine families will be included in the NCP program each model year. This information is collected by the Heavy-Duty and Nonroad Engines Group (HDNEG) in CISD. Besides CISD, this information could be used by the Office of Enforcement and Compliance Assurance (OECA) and the Department of Justice for enforcement purposes. Non Confidential Business Information (CBI) information is also disclosed in a public database and over the Internet. It is used by trade associations, environmental groups, and the public. The information is usually submitted in an electronic format, and it is stored in HDNEGs certification database.

Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 589 hours per year. 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.

The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here:

Estimated total number of potential respondents: 2.

Frequency of response: Quarterly, Annually, On Occasion.

Estimated total average number of responses for each respondent: 26.

Estimated total annual burden hours: 1,178 hours.

Estimated total annual costs: $94,999. This includes an estimated burden cost of $76,819.28 and an estimated cost of $18,180.00 for capital investment or maintenance and operational costs.

Docket ID No.: EPA-HQ-OAR-2005-0121-0002.

Affected entities: Entities potentially affected by this action are manufacturers, importers or vendors of on-road heavy duty vehicles, and all categories of nonroad engines and nonroad equipment.

Title: Exclusion Determinations for New Nonroad Spark-ignited, New Nonroad Compression-ignited Engines, New Marine Engines, and New On-road Heavy Duty Engines (Renewal).

ICR numbers: EPA ICR No. 1852.04, OMB Control No. 2060-0395.

ICR status: This ICR is currently scheduled to expire on February 28, 2009. 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: Under the provisions of the Clean Air Act (CAA), the Administrator is required to promulgate regulations to control air pollutant emissions from motor vehicles and non-road engines, as defined in the CAA. Motor vehicles and non-road engines not meeting the applicable definitions are excluded from compliance with current regulations. A manufacturer may make an exclusion determination by itself; however, manufacturers and importers may routinely request EPA to make such determination to ensure that their determination does not differ from the Agency's. To request an exclusion determination, manufacturers submit a letter with a description of the engine and/or vehicle (engine type, horsepower rating, intended usage etc.,) and sales brochures, to the Compliance and Innovative Strategies Division (CISD), Heavy-Duty and Nonroad Engines Group (HDNEG), Office of Transportation and Air Quality (OTAQ). CISD uses this information to determine whether the engine or vehicle is excluded from compliance with one or more emission regulations. CISD then stores the data in its internal files, and makes it available to environmental groups and the public upon request under the Freedom of Information Act.

Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average seven hours per response. 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.

The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here:

Estimated total number of potential respondents: 12.

Frequency of response: Annual or on occasion.

Estimated total average number of responses for each respondent: 3.

Estimated total annual burden hours: 69.

Estimated total annual costs: $5,654. This includes an estimated burden cost of $5,538 and an estimated cost of $116 for capital investment or maintenance and operational costs.

To date, there are no changes in the number of hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. However, EPA is still evaluating information that may lead to a change in the estimates.

EPA will consider the comments received and amend the ICRs as appropriate. The final ICR packages will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT .

I. General Information A. Does This Action Apply to Me?

The intended audience for the Draft Site-Specific BAF TSD includes State and Tribal water quality staff scientists or risk assessors (“investigators”) who are responsible for deriving State or Tribal water quality standards, stakeholders interested in developing site-specific BAFs, and other users interested in site-specific bioaccumulation issues for other applications.

EPA requests scientific views on all aspects of the Draft Site-Specific BAF TSD, including the soundness of the technical approaches described in the document, the usefulness of the document for States and Tribes in calculating BAFs, and the guidance's clarity of presentation.

1. Submitting CBI. Do not submit this information to EPA through http://www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for Preparing Your Scientific views. When submitting scientific views, remember to:

• Identify the notice by docket number and other identifying information (subject heading, Federal Register date and page number).

• Follow directions—The agency may ask you to respond to specific questions or organize scientific views by referencing a Code of Federal Regulations (CFR) part or section number.

• Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

• Describe any assumptions and provide any technical information and/or data that you used.

• If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

• Provide specific examples to illustrate your concerns and suggest alternatives.

• Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

• Make sure to submit your scientific views by the deadline identified.

Water quality criteria are scientifically derived numeric values that protect aquatic life or human health from the deleterious effects of pollutants in ambient water. Section 304(a)(1) of the Clean Water Act requires EPA to develop and publish and, from time to time, revise water quality criteria to accurately reflect the latest scientific knowledge. Water quality criteria developed under section 304(a) are based solely on data and scientific judgments on the relationship between pollutant concentrations and environmental and human health effects. Section 304(a) criteria do not reflect consideration of economic impacts or the technological feasibility of meeting the chemical concentrations in ambient water. Section 304(a) criteria provide guidance to States and authorized Tribes in adopting water quality standards that ultimately provide a basis for controlling discharges or releases of pollutants. The criteria also provide guidance to EPA when promulgating federal regulations under section 303(c) when such action is necessary.

The 2000 Human Health Methodology, along with the Technical Support Documents, provides States and authorized Tribes the necessary guidance to adjust water quality criteria developed under Section 304 to reflect local conditions or to develop their own water quality criteria using scientifically defensible methods. EPA believes that ambient water quality criteria inherently require several risk management decisions that are, in many cases, better made at the State, Tribal, or regional level. EPA encourages States and authorized Tribes to use the final Methodology and Technical Support Documents to develop site-specific water quality criteria to appropriately reflect local conditions. When final, the Draft Site-Specific BAF TSD, released for scientific views with today's announcement, will assist States and authorized Tribes in development of site-specific BAFs for use in site-specific ambient water quality criteria calculations.

In order to prevent harmful exposures to chemicals in water through eating contaminated fish and shellfish, national 304(a) water quality criteria for protecting human health must address chemical bioaccumulation in aquatic organisms. Bioaccumulation occurs when aquatic organisms accumulate chemicals in their bodies when they are exposed to these chemicals through the surrounding media (water, food, sediment). The extent of bioaccumulation by aquatic organisms varies widely depending on the chemical and the species, but it can be extremely high for some highly persistent and lipid-soluble chemicals. For such highly bioaccumulative chemicals, concentrations in aquatic organisms may pose unacceptable human health risks from eating fish and shellfish even when concentrations in water are too low to cause unacceptable health risks from drinking the water.

EPA developed detailed procedures and guidelines described in the 2000 Human Health Methodology for estimating bioaccumulation factor (BAF) values for use in deriving or revising ambient water quality criteria. The National BAF TSD discusses the technical basis for developing national BAFs, the underlying assumptions and uncertainties inherent to the approach, and applying the bioaccumulation component of the 2000 Human Health Methodology. The Draft Site-Specific BAF TSD expands on the information presented in the National BAF TSD by providing users specific information on how to calculate site-specific BAFs for use in modifying the national 304(a) criteria and is available from EPA's Web site at http://www.epa.gov/waterscience/criteria/humanhealth/method/index.html. Both documents rely on a framework for selecting the appropriate procedure for deriving BAFs that is based on chemical properties, biological activity and scientific information. The Draft Site-Specific BAF TSD presents methods for States, Tribes and other interested parties to calculate BAFs that are specific to their site. The goal in deriving site-specific BAFs is to determine the most accurate estimates of bioaccumulation feasible for each site.

EPA requests scientific views on all aspects of the Draft Site-Specific BAF TSD, including the soundness of the technical approaches described in the document, the usefulness of the document for States and Tribes in calculating BAFs, and the guidance's clarity of presentation.

OMB Control Number: 3060-0027.

Type of Review: Revision of a currently approved collection.

Title: Application for Construction Permit for Commercial Broadcast Station.

Form Number: FCC Form 301.

Respondents: Business or other for-profit entities; Not-for-profit institutions.

Number of Respondents/Responses: 4,278 respondents/4,278 responses.

Estimated Time per Response: 2 to 5 hours.

Frequency of Response: On occasion reporting requirement; Third party disclosure requirement.

Obligation to Respond: Required to obtain benefits—Statutory authority for this collection of information is contained in Sections 154(i), 303, and 308 of the Communications Act of 1934, as amended, and Section 204 of the Telecommunications Act of 1996.

Total Annual Burden: 11,072 hours.

Total Annual Costs: $51,802,197.

Nature and Extent of Confidentiality: There is no need for confidentiality with this information collection.

Privacy Act Impact Assessment: No impact(s).

Needs and Uses: On December 18, 2007, the Commission adopted a Report and Order and Order on Reconsideration in its 2006 Quadrennial Regulatory Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, MB Docket No. 06-121, FCC 07-216. Section 202 requires the Commission to review its broadcast ownership rules every four years and determine whether any of such rules are necessary in the public interest. Further, Section 202 requires the Commission to repeal or modify any regulation it determines to be no longer in the public interest.

Consistent with actions taken by the Commission in the 2006 Quadrennial Regulatory Review, the following changes are made to Form 301: The instructions to Form 301 are revised to include a reference to the 2006 Quadrennial Regulatory Review as a source of information regarding the Commission's multiple ownership attribution policies and standards. Also, the language in Section A, IV of Worksheet #2 in Form 301 is changed. This worksheet is used in connection with Section II, Item 4 of Form 301 to determine the applicant's compliance with the Commission's multiple ownership rules and cross-ownership rules set forth in 47 CFR 73.3555.

The revisions to the worksheet account for changes made by the Commission in the 2006 Quadrennial Review to 47 CFR 73.3555(d), the Daily Newspaper Cross-Ownership Rule. The revised rule changes the circumstances under which an entity may own a daily newspaper and a radio station or television station in the same designated market area. In conjunction with this same rule change, language from 47 CFR 73.3555(d) is added to Section B of Worksheet #2 to assist applicants in their determination of compliance with the Daily Newspaper Cross-Ownership Rule.

47 CFR 73.3555(d) (daily newspaper cross-ownership rule) states:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) In order to overcome the negative presumption set forth in paragraph (4) with respect to the combination of a major newspaper and a television station, the applicant must show by clear and convincing evidence that the co-owned major newspaper and station will increase the diversity of independent news outlets and increase competition among independent news sources in the market, and the factors set forth above in paragraph (5) will inform this decision.

(7) The negative presumption set forth in paragraph (4) shall be reversed under the following two circumstances:

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

(ii) The combination is with a broadcast station that was not offering local newscasts prior to the combination, and the station will initiate at least seven hours per week of local news programming after the combination.

OMB Control No.: 3060-0881.

Title: Section 95.861, Interference.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit.

Number of Respondents: 563 respondents; 563 responses.

Estimated Time per Response: .50 hours.

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: 282 hours.

Annual Cost Burden: $16,890.

Privacy Act Impact Assessment: N/A.

Nature and Extent of Confidentiality: There is no need for confidentiality.

Needs and Uses: This collection will be submitted as an extension (no change in reporting, recordkeeping and/or third party disclosure requirements) after this 60 day comment period to Office of Management and Budget (OMB) in order to obtain the full three year clearance.

Section 95.861(c) requires that a 218-219 MHz Service licensee must provide a copy of the plan required by Section 95.815(a) to every TV Channel 13 station whose Grade B predicted contour overlaps the licensed service area for the 218-219 MHz Service system. The 218-219 MHz Service licensee must send the plan to the TV Channel 13 licensee(s) within 10 days from the date the 218-219 MHz Service submits the plan to the Commission, and the 218-219 MHz Service licensee must send updates to this plan to the TV Channel 13 licensee(s) within 10 days from the date that such updates are filed with the Commission pursuant to Section 95.815.

Additionally, each 218-219 MHz Service system licensee must investigate and eliminate harmful interference to television broadcasting and reception, from its component CTSs and RTSs, within 30 days of the time it is notified in writing, by either an affected television station, an affected viewer, or the Commission, of an interference complaint. Should the licensee fail to eliminate the interference within the 30-day period, the CTSs or RTUs causing the problem(s) must discontinue operation.

This information will be used to monitor the co- and adjacent channel interference potential of proposed systems in the 218-219 MHz service, to identify methods being used to minimize interference and show how the proposed systems will meet the service requirements set forth in Section 95.831 of the Commission's rules.

OMB Control No.: 3060-0325.

Title: Section 80.605, U.S. Coast Guard Coordination.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit.

Number of Respondents: 10 respondents; 10 responses.

Estimated Time per Response: 1.1 hours.

Frequency of Response: On occasion reporting requirement.

Obligation to Respond: Required to obtain or retain benefits.

Total Annual Burden: 11 hours.

Annual Cost Burden: N/A.

Privacy Act Impact Assessment: N/A.

Nature and Extent of Confidentiality: There is no need for confidentiality.

Needs and Uses: This collection will be submitted as an extension (no change in the reporting, requirement) after this 60 day comment period to Office of Management and Budget (OMB) in order to obtain the full three year clearance. However, the Commission is reporting a decrease in the number of respondents since this information was last submitted to the OMB. Therefore, we are also reporting a −41 hour adjustment in the total estimated burden hours.

Radionavigation coast stations operated to provide information to aid in the movement of any ship are private aids to navigation. Before submitting an application for a radionavigation station, an applicant must obtain written permission from the cognizant Coast Guard District Commander at the area in which the device will be located. The Commission may request an applicant to provide documentation as to this fact.

Coast station transponders (i.e., radar beacons, or racons) operating in the band 2900-3100 or 9300-9500 MHz shall meet the requirements of ITU-R Recommendation M.824-2, “Technical Parameters of Radar Beacons (RACONS),” with Annexes, 1995. Applications for certification of these transponders must include a description of the technical characteristics of the equipment including the scheme of interrogation and the characteristics of the transponder response, and test results demonstrating the device meets each applicable requirement of this ITU-R recommendation. ITU-R Recommendation M.824-2 with Annexes is incorporated by reference. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of this standard can be inspected at the Federal Communications Commission, 445 12th Street, SW., Washington, DC (Reference Information Center) or at the National Archives and Records Administration (NARA).

OMB Control Number: 3060-1080.

Title: Collections for the Prevention or Elimination of Interference and for the Reconfiguration of the 800 MHZ Band.

Form Number: N/A.

Type of Review: Revision of a currently approved collection.

Respondents: Business or other for-profit entities; and/or State, local or tribal governments.

Number of Respondents: 2,420 respondents; 6,269 responses.

Estimated Time per Response: 4.5104 hours (range of 30 minutes to 10 hours).

Frequency of Response: On occasion reporting requirement and third party disclosure requirement.

Obligation to Respond: Required to obtain or retain benefits.

Total Annual Burden: 28,276 hours.

Total Annual Cost: $62,400.

Privacy Impact Assessment: No impact.

Nature and Extent of Confidentiality: The Commission will work with respondents to ensure that their concerns regarding the confidentiality of any proprietary or public safety-sensitive information are resolved in a manner consistent with the Commission's rules. See 47 CFR 0.459.

Needs and Uses: The information sought will assist 800 MHz licensees in preventing or resolving interference and enable the Commission to implement its rebanding program. Under that program, certain licensees are being relocated to new frequencies in the 800 MHz band, with all rebanding costs to be paid by Sprint Nextel Corporation (Sprint). The Commission's overarching objective in this proceeding is to eliminate interference to public safety communications. The Commission's orders provided for the 800 MHz licensees in non-border areas to complete rebanding by June 26, 2008, but the Commission has allowed licensees to seek extension of that deadline through waiver requests. This collection is being revised to incorporate the waiver request information collection previously approved under OMB control number 3060-1114.

Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for June 24, 2008), on the World Wide Web, at ( http://www.ftc.gov/os/2008/06/index.htm ). A paper copy can be obtained from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, either in person or by calling (202) 326-2222.

Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section.

The Federal Trade Commission has accepted, subject to final approval, an agreement containing a consent order from Aliyah Associates, LLC d/b/a American Advance (“respondent”).

The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreement’s proposed order.

Respondent engaged in practices that violate Section 144 of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1664, and Section 226.24(c) of its implementing Regulation Z, 12 C.F.R. § 226.24(c). Respondent disseminated payday loan advertisements on the Internet stating the number of payments or period of repayment, or the amount of a finance charge, as terms for obtaining a payday loan. These advertisements failed, however, to disclose the “annual percentage rate” or “APR” for these loans as required by TILA and its implementing Regulation Z.

TILA and Regulation Z require that advertisers, including payday loan advertisers, disclose APRs on their loans to assist consumers in comparison shopping. The respondent’s failure to disclose the APR for the payday loans it advertised undermined consumers’ ability to compare these loans to those offered by other payday lenders. The respondent’s failure to disclose the APR for the payday loans it advertised also frustrated consumers’ ability to compare these loans to alternative forms of credit. Through its law enforcement actions the Commission intends to promote compliance with the APR disclosure requirements of TILA and Regulation Z, thereby promoting comparison shopping relating to payday loans.

The proposed consent order contains provisions designed to prevent respondent from failing to make disclosures required by TILA and Regulation Z in the future.

Part I.A. of the proposed order prohibits respondent, in connection with any advertisement of consumer credit, from stating the amount or percentage of any down payment, the number of payments or period of repayment, the amount of any payment, or the amount of any finance charge, without disclosing clearly and conspicuously all of the terms required by TILA and Regulation Z, including the amount or percentage of the down payment, the terms of repayment, and the annual percentage rate, using that term or the abbreviation “APR.”

Part I.B. of the proposed order prohibits respondent from stating a rate of finance charge without stating the rate as an “annual percentage rate” or the abbreviation “APR.”

Part I.C. of the proposed order prohibits respondent from failing to comply in any other respect with TILA or Regulation Z.

Part II of the proposed order contains a document retention requirement, the purpose of which is to ensure compliance with the proposed order. It requires that respondent maintain all records that will demonstrate compliance with the proposed order.

Part III of the proposed order requires respondent to distribute copies of the order to various principals, officers, directors, and managers, and all current and future employees, agents and representatives having responsibilities with respect to the subject matter of the order.

Part IV of the proposed order requires respondent to notify the Commission of any changes in its corporate structure that might affect compliance with the order.

Part V of the proposed order requires respondent to file with the Commission one or more reports detailing compliance with the order.

Part VI of the proposed order is a “sunset” provision, dictating the conditions under which the order will terminate twenty years from the date it is issued or twenty years after a complaint is filed in federal court, by either the United States or the FTC, alleging any violation of the order.

The purpose of this analysis is to facilitate public comment on the proposed order, and it is not intended to constitute an official interpretation of the agreement and proposed order or to modify in any way their terms.

By direction of the Commission.

Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for June 24, 2008), on the World Wide Web, at ( http://www.ftc.gov/os/2008/06/index.htm ). A paper copy can be obtained from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, either in person or by calling (202) 326-2222.

Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section.

The Federal Trade Commission has accepted, subject to final approval, an agreement containing a consent order from We Give Loans, Inc. (“respondent”).

The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreement’s proposed order.

Respondent engaged in practices that violate Section 144 of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1664, and Section 226.24(c) of its implementing Regulation Z, 12 C.F.R. § 226.24(c). Respondent disseminated payday loan advertisements on the Internet stating the number of payments or period of repayment, or the amount of a finance charge, as terms for obtaining a payday loan. These advertisements failed, however, to disclose the “annual percentage rate” or “APR” for these loans as required by TILA and its implementing Regulation Z.

TILA and Regulation Z require that advertisers, including payday loan advertisers, disclose APRs on their loans to assist consumers in comparison shopping. The respondent’s failure to disclose the APR for the payday loans it advertised undermined consumers’ ability to compare these loans to those offered by other payday lenders. The respondent’s failure to disclose the APR for the payday loans it advertised also frustrated consumers’ ability to compare these loans to alternative forms of credit. Through its law enforcement actions the Commission intends to promote compliance with the APR disclosure requirements of TILA and Regulation Z, thereby promoting comparison shopping relating to payday loans.

The proposed consent order contains provisions designed to prevent respondent from failing to make disclosures required by TILA and Regulation Z in the future.

Part I.A. of the proposed order prohibits respondent, in connection with any advertisement of consumer credit, from stating the amount or percentage of any down payment, the number of payments or period of repayment, the amount of any payment, or the amount of any finance charge, without disclosing clearly and conspicuously all of the terms required by TILA and Regulation Z, including the amount or percentage of the down payment, the terms of repayment, and the annual percentage rate, using that term or the abbreviation “APR.”

Part I.B. of the proposed order prohibits respondent from stating a rate of finance charge without stating the rate as an “annual percentage rate” or the abbreviation “APR.”

Part I.C. of the proposed order prohibits respondent from failing to comply in any other respect with TILA or Regulation Z.

Part II of the proposed order contains a document retention requirement, the purpose of which is to ensure compliance with the proposed order. It requires that respondent maintain all records that will demonstrate compliance with the proposed order.

Part III of the proposed order requires respondent to distribute copies of the order to various principals, officers, directors, and managers, and all current and future employees, agents and representatives having responsibilities with respect to the subject matter of the order.

Part IV of the proposed order requires respondent to notify the Commission of any changes in its corporate structure that might affect compliance with the order.

Part V of the proposed order requires respondent to file with the Commission one or more reports detailing compliance with the order.

Part VI of the proposed order is a “sunset” provision, dictating the conditions under which the order will terminate twenty years from the date it is issued or twenty years after a complaint is filed in federal court, by either the United States or the FTC, alleging any violation of the order.

The purpose of this analysis is to facilitate public comment on the proposed order, and it is not intended to constitute an official interpretation of the agreement and proposed order or to modify in any way their terms.

By direction of the Commission.

The National Advisory Council for Healthcare Research and Quality was established in accordance with section 921 (now section 931) of the Public Health Service Act (42 U.S.C. 299c). In accordance with its statutory mandate, the Council is to advise the Secretary of the Department of Health and Human Services and the Director, Agency for Healthcare Research and Quality (AHRQ), on matters related to actions of AHRQ to enhance the quality, improve the outcomes, and reduce the costs of health care services; improve access to such services through scientific research; and promote improvements in clinical practice and in the organization, financing, and delivery of health care services.

The Council is composed of members of the public, appointed by the Secretary, and Federal ex-officio members.

On Friday, July 25, the Council meeting will convene at 9 a.m., with the call to order by the Council Chair and approval of previous Council minutes. The AHRQ director will present her update on current research, programs, and initiatives. The agenda will include a presentation on the National Healthcare Quality and Disparities Reports and a discussion on Employer Engagement in healthcare. The final agenda will be available on the AHRQ Web site at http://www.ahrq.gov no later than July 21, 2008.

FDA intends to establish a cooperative agreement to create the WCFS to address these issues through the development of approaches and data critical to understanding the risks associated with the interface between production agriculture and food protection. Such knowledge is critical to the development of scientifically validated “best practices” for mitigating those risks at the production (versus processing) level. In establishing this cooperative agreement, FDA recognizes the importance of agricultural practices in the Western states, an increasingly important food producing region for fruits, vegetables, specialty crops, and dairy products; and a key point of entry for imported foods. The development of an integrated collaborative food protection research/education/outreach program in this region will benefit both consumers and producers nationwide.

A proposal is being solicited to establish and operate a collaborative center that is designed to meet the objectives of the RFA. The proposal should include information on both the structure and administration of the center and the approaches that will be used to establish robust and sustainable regional, national, and international research and outreach collaborations (including collaborations with the agency's other Centers of Excellence; other Centers at UCD, such as the Center for Produce Safety; and other components of the University of California system), as well as strategies for cultivating additional base support for the center.

FDA faces an increasing number of critical and complex food protection and public health challenges. FDA believes that these challenges can be addressed most efficiently by expanding the available science base through collaborative partnerships. Collaborative partnerships stimulate the integration of applied research, education, and outreach programs to enhance food protection and public health and address new and emerging issues. Collaborative partnerships provide opportunities to leverage resources and to stimulate interest among academics in solving pressing national food protection challenges. Accordingly, access to scientists and facilities associated with agriculture within the Western United States increases FDA's understanding of the unique challenges and practices that must be considered when developing risk management measures that are pertinent to agricultural production in this region.

The collaborative partnership with WCFS will focus on the interface between food protection and the agricultural production of commodities such as produce and dairy foods. This will include studies in areas such as pre- and post-harvest practices and environmental contamination (both from point sources and from distributed sources, e.g., perchlorate in ground water) for both domestic and imported commodities. WCFS will address “real-world” problems (such as the development of technologies and practices for food safety-related sampling of fresh produce or the impact of field practices on subsequent processing) and develop knowledge leading to practical solutions and approaches that are both feasible and protective of public health. WCFS will also generate and analyze data needed to provide a scientific basis for optimizing the interactions between potentially competing national concerns, e.g., safety of food production environments versus the protection of wildlife habitats in agricultural communities. The education and outreach components of the partnership will ensure that this knowledge is available for, and useful to, all stakeholders.

The cooperative research, education, and outreach programs developed through the WCFS will address scientific issues related to the interface between food protection and agriculture for commodities such as produce, dairy foods, and seafood. These programs will include partnerships with academia, industry, non-governmental organizations, and international organizations. These partnerships will also promote and sustain collaborative domestic and international outreach and education.

The objectives of this cooperative agreement are to:

1. Carry out multidisciplinary applied research projects that address “real world” issues related to food protection, agricultural practices, and the impact of agricultural practices on subsequent food processing associated with FDA-regulated products;

2. Develop and implement outreach and communication programs with stakeholders to identify research needs and to facilitate utilization of the knowledge produced by the research program; and

3. Develop and implement education programs that address food protection problems and increase awareness of the role of science in food protection.

This Funding Opportunity Announcement (FOA) will use the cooperative agreement award mechanism (U01). Support will be in the form of a cooperative agreement. Accordingly, FDA will have substantial involvement in the program activities of the project. FDA will support the collaboration covered by this notice under the authority of section 301 of the Public Health Service (PHS) Act (42 U.S.C. 241).

The estimated amount of support in FY 2008 will be for up to $1.5 million (direct plus indirect costs), with the possibility of 4 additional years of support for up to $2.6 million, subject to the availability of funds. This award will improve public health by creating an applied research, education, and outreach program related to the interface between food protection (i.e., food safety and food defense) and agriculture.

The estimated amount of support in FY 2008 will be for up to $1.5 million (direct plus indirect costs), with the possibility of 4 additional years of support for up to $2.6 million, subject to the availability of funds.

A cooperative agreement involves substantial FDA programmatic involvement with the awardees is anticipated during the performance of the activities. Under the cooperative agreement, FDA's purpose is to support and stimulate the recipients' activities by involvement in and otherwise working jointly with the award recipients in a partnership role; it is not to assume direction, prime responsibility, or a dominant role in the activities. Consistent with this concept, the dominant role and prime responsibility resides with the awardees for the project as a whole, although specific tasks and activities may be shared among the awardees and FDA. Additional information on the role and responsibility of the grantee and FDA can be found in the full text announcement of the FOA posted on FDA's Center for Food Safety and Applied Nutrition (CFSAN) Web site: http://www.cfsan.fda.gov/list.html .

Competition is limited to the University of California. FDA believes that establishing the WCFS at WIFSS is appropriate because WIFSS is uniquely qualified to fulfill the objectives of the proposed cooperative agreement. It is an established partnership between academia, state and Federal agencies, and private industry focused on enhancing food protection using a variety of approaches that include basic and applied research; communication and connectivity with public and private partners; outreach programs that extend from farm to fork; and modern information management. WIFSS's location at the UCD facilitates interaction with numerous Centers and Departments within the School of Veterinary Medicine, School of Medicine, College of Agricultural and Environmental Sciences, and College of Engineering. The existing administrative structure at WIFSS can be readily leveraged for developing new food protection programs and fostering new partnerships. Existing collaborations with agricultural producers will promote the conduct of on-farm, pre-, and post-harvest food protection research. Such field-scale research is critical both for understanding how agricultural practice impacts food safety and for ensuring that new technologies are practical and effective.

Collaboration between the public and the private sectors has proven to be an efficient means for both FDA and academia to remain current with scientific and technical advances associated with FDA-regulated products (e.g., foods, animal drugs and feed additives). The degree to which FDA nurtures, develops, and builds on these collaborations directly affects FDA's ability to enhance public health. The information and expertise that will be obtained through this partnership between FDA and WIFSS can be leveraged by all segments of the food protection and nutrition community, as well as by public health organizations, other Federal agencies, and academic institutions in the performance of their roles.

This cooperative agreement program requires that the applicant substantially share in the project costs if an award is made, including, but not limited to, partial salary support for administrative staff and in-kind support (e.g., faculty salaries and facilities costs).

Applications must be prepared using the most current PHS 398 research grant application instructions and forms. Applications must have a Dun and Bradstreet Data Universal Numbering System (DUNS) number as the universal identifier when applying for Federal grants or cooperative agreements. The DUNS number can be obtained by calling 866-705-5711 or through the Web site at http://www.dnb.com/us/ . 1 The DUNS number should be entered on line 11 of the face page of the PHS 398 form.

The PHS 398 application instructions are available at http://grants.nih.gov/grants/funding/phs398/phs398.html in an interactive format. Applicants must use the currently approved version of the PHS 398. For further assistance, contact Gladys M. Bohler, 301-827-7168, e-mail: gladys.melendez-bohler@fda.hhs.gov . Hearing Impaired—Telecommunications for the hearing impaired are available at: TTY 301-451-0088.

Applications must be prepared using the forms found in the PHS 398 instructions for preparing a non-modular research grant application. Submit a signed, typewritten original of the paper application, including the checklist, three signed photocopies, and appendix material in one package to: Gladys M. Bohler, Grants Management Specialist, Division of Acquisition Support and Grants (HFA-500), Food and Drug Administration, 5630 Fishers Lane, rm. 2105, Rockville, MD 20857, 301-827-7168, e-mail: gladys.melendez-bohler@fda.hhs .

The application is due within 30 days after publication of the Funding Opportunity Announcement in the Federal Register . On-time submission requires that the application be successfully submitted to http://www.grants.gov no later than 5 p.m. local time (of the applicant institution/organization).

The total project period for an application submitted in response to this funding opportunity may not exceed 5 years.

Applicant may submit only one application. Resubmission applications are not permitted in response to this FOA. Renewal applications are not permitted in response to this FOA.

Consent forms, assent forms, and any other information given to a subject are part of the grant application and must be provided, even if in a draft form. The applicant is referred to the Department of Health and Human Services (HHS) regulations at 45 CFR 46.116 and 21 CFR 50.25 for details.

Awardee(s) must agree to the “Cooperative Agreement Terms and Conditions of Award” in section VI.2.A. of the full text of the FOA posted on the CFSAN Web site: ( http://www.cfsan.fda.gov ).

Applications that are complete and responsive to the FOA will be evaluated for scientific and technical merit by an appropriate peer review group convened by FDA, CFSAN, and in accordance with FDA peer review procedures, using the review criteria stated in the following paragraph.

As part of the scientific peer review, a responsive complete application will: (1) Undergo a review process to determine their scientific and technical merit; (2) be assigned a priority score; (3) receive a written critique; and (4) receive a second level of review by the National Institutes of Health, National Cancer Institute National Cancer Advisory Board.

Substantive involvement by the awarding agency is inherent in the cooperative agreement award. Accordingly, FDA will have substantial involvement in the program funded by the cooperative agreement. Substantive involvement includes, but is not limited to, the following:

1. FDA will have prior approval of the appointment of all key administrative and scientific personnel proposed by the grantee.

2. FDA will be directly involved in the guidance and development of the program.

3. FDA scientists will participate, with the grantee, in determining and carrying out scientific and technical activities. Collaboration will also include data analysis, interpretation of findings and, where appropriate, co-authorship of publications.

4. The original and two copies of the annual Financial Status Report (FSR) (SF-269) must be sent to FDA's Grants Management Specialist within 90 days of each budget period end date.

5. A final progress report, invention statement, and Financial Status Report are required when an award is relinquished when a recipient changes institutions or when an award is terminated and/or at the end of the project period.

This agreement will be subject to all policies and requirements that govern the research grant programs of the PHS, including provisions of 42 CFR part 52 and 45 CFR Parts 74 and 92. All grants are subject to the terms and conditions, cost principles, and other considerations described in the HHS Grants Policy Statement (GPS), dated January 2007, which supersedes in its entirety the PHS GPS, dated April 1, 1994, and addendum dated January 24, 1995.

An award is subject to the requirements of the HHS GPS that are applicable based on the recipient type and the purpose of this award. This includes any requirements in Parts I and II of the HHS GPS (available at http://www.hhs.gov/grantsnet/adminis/gpd/index.htm ) that apply to an award.

Although consistent with the HHS GPS, any applicable statutory or regulatory requirements, including 45 CFR parts 74 or 92, directly apply to this award apart from any coverage in the HHS GPS.

Awardees will be required to submit the Non-Competing Continuation Grant Progress Report (PHS 2590) annually and financial statements, as required in the HHS GPS.