Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Notices 76345 

1998 to assure continued public 

participation in the management of the 

sanctuary. Serving in a volunteer 

capacity, the advisory council’s 15 

voting members represent a variety of 

local user groups, as well as the general 

public. In addition, five Federal 

government agencies and one federally 

funded program serve as non-voting, ex 

officio members. Since its 

establishment, the advisory council has 

played a vital role in advising the 

sanctuary and NOAA on critical issues. 

In addition to providing advice on 

management issues facing the 

Sanctuary, the Council members serve 

as a communication bridge between 

constituents and the Sanctuary staff. 

Authority: 16 U.S.C. Sections 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: December 8, 2008. 

Daniel J. Basta, 

Director, Office of National Marine 

Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. E8–29651 Filed 12–15–08; 8:45 am] 

BILLING CODE 3510–NK–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Availability of Seats for the Stellwagen 

Bank National Marine Sanctuary 

Advisory Council 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration, 

Department of Commerce (DOC). 

ACTION: Notice and request for 

applications. 

SUMMARY: The ONMS is seeking 

applicants for the following vacant seats 

on the Stellwagen Bank National Marine 

Sanctuary Advisory Council (council): 

Business and Industry (Alternate). 

Applicants are chosen based upon their 

particular expertise and experience in 

relation to the seat for which they are 

applying; community and professional 

affiliations; philosophy regarding the 

protection and management of marine 

resources; and possibly the length of 

residence in the area affected by the 

sanctuary. Applicants who are chosen 

as members should expect to serve twoto-three-year terms, pursuant to the 

council’s Charter. 

DATES: Applications are due by 23 

February 2009. 

ADDRESSES: Application kits may be 

obtained from 

Elizabeth.Stokes@noaa.gov Stellwagen 

Bank National Marine Sanctuary, 175 

Edward Foster Road, Scituate, MA 

02066. Telephone 781–545–8026 X20l. 

Completed applications should be sent 

to the same address. 

FOR FURTHER INFORMATION CONTACT: For 

further questions contact: 

Nathalie.Ward@noaa.gov, External 

Affairs Coordinator. Telephone: 781– 

545–8026 X206. 

SUPPLEMENTARY INFORMATION: The 

Stellwagen Bank National Marine 

Sanctuary Advisory Council was 

established in March 2001 to assure 

continued public participation in the 

management of the Sanctuary. The 

Advisory Council’s 21 members 

represent a variety of local user groups, 

as well as the general public, plus seven 

local, state and federal government 

agencies. Since its establishment, the 

Council has played a vital role in 

advising the Sanctuary and NOAA on 

critical issues and is currently focused 

on the sanctuary’s new five-year 

Management Plan. 

The Stellwagen Bank National Marine 

Sanctuary encompasses 842 square 

miles of ocean, stretching between Cape 

Ann and Cape Cod. Renowned for its 

scenic beauty and remarkable 

productivity, the sanctuary supports a 

rich diversity of marine life including 

22 species of marine mammals, more 

than 30 species of seabirds, over 60 

species of fishes, and hundreds of 

marine invertebrates and plants. 

Authority: 16 U.S.C. Sections 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: December 12, 2008. 

Daniel J. Basta, 

Director, Office of National Marine 

Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. E8–29648 Filed 12–15–08; 8:45 am] 

BILLING CODE 3510–NK–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice to Renew an Existing 

Collection—3038–0033. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this notice announces that 

the Information Collection Request (ICR) 

abstracted below has been forwarded to 

the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describes the nature of the 

information collection and its expected 

costs and burden; it includes the actual 

data collection instruments [if any]. 

DATES: Comments must be submitted on 

or before January 15, 2009. 

FOR FURTHER INFORMATION OR A COPY

CONTACT: Lynn A. Bulan, Office of 

General Counsel, U.S. Commodity 

Futures Trading Commission, 1155 21st 

Street, NW., Washington, DC 20581, 

(202) 418–5143; FAX: (202) 418–5567; 

e-mail: lbulan@cftc.gov and refer to 

OMB Control No. 3038–0033. 

SUPPLEMENTARY INFORMATION: This is a 

request for extension of a currently 

approved information collection. 

Abstract: Title: Notification of 

Pending Legal Proceedings Pursuant to 

17 CFR 1.60, OMB Control No. 3038– 

0033—Extension 

The rule is designed to assist the 

Commission in monitoring legal 

proceedings involving the 

responsibilities imposed on contract 

markets and their officials and futures 

commission merchants and their 

principals by the Commodity Exchange 

Act, or otherwise. These rules are 

promulgated pursuant to the 

Commission’s rulemaking authority 

contained in Sections 4a(a), 4i, and 

8a(5) of the Act, 7 U.S.C. 6a(1), 6i, and 

12a(5). 

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 the CFTC’s regulations 

were published on December 30, 1981. 

See 46 FR 63035 (Dec. 30, 1981). The 

Federal Register notice with a 60-day 

comment period soliciting comments on 

this collection of information was 

published on October 2, 2008 (73 FR 

57338). 

Burden statement: The respondent 

burden for this collection is estimated to 

average.10 hours per response. 

Respondents/Affected Entities: 157. 

Estimated number of responses: 1. 

Estimated total annual burden on 

respondents: .10 hours. 

Frequency of collection: On occasion. 

Send comments regarding the burden 

estimated or any other aspect of the 

information collection, including 

suggestions for reducing the burden, to 

the addresses listed below. Please refer 

to OMB Control No. 3038–0033 in any 

correspondence. 

Lynn A. Bulan, Office of General 

Counsel, U.S. Commodity Futures 

Trading Commission, 1155 21st Street, 

NW., Washington, DC 20581; and 


sroberts on PROD1PC70 with NOTICES
76346 Federal Register / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Notices 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for 

CFTC, 725 17th Street, Washington, DC 

20503. 

Dated: December 9, 2008. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. E8–29684 Filed 12–15–08; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Notice of Department of Defense 

Adoption of a Program Comment for 

DoD Rehabilitation Treatment 

Measures 

AGENCY: Department of Defense. 

ACTION: Notice of Department of Defense 

(DoD) Adoption of a Program Comment 

for DoD Rehabilitation Treatment 

Measures (Program Comment). 

SUMMARY: This provides notice of the 

DoD adoption of the Advisory Council 

on Historic Preservation’s (ACHP’s) 

Program Comment for DoD 

Rehabilitation Treatment Measures. The 

Program Comment provides DoD with 

an alternative way to comply with its 

responsibilities under Section 106 of the 

National Historic Preservation Act, 16 

U.S.C. 470f, and its implementing 

regulations, 36 CFR part 800 (Section 

106), with regard to the effects of 

rehabilitation treatment measures. 

DATES: The Program Comment went into 

effect on November 14, 2008. 

ADDRESSES: Copies of the Program 

Comment are available on the Defense 

Environmental Network Information 

eXchange (DENIX) Web site at https:// 

www.denix.osd.mil/ 

ProgramAlternatives. 

FOR FURTHER INFORMATION CONTACT: 

Brian Lione, Deputy Federal 

Preservation Officer, Department of 

Defense, 3400 Defense Pentagon Room 

5C646, Washington, DC 20301–3400. 

Fax (703) 607–3124. 

brian.lione@osd.mil. 

Dated: December 10, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

SUPPLEMENTARY INFORMATION: On 

November 14, 2008, the ACHP approved 

and issued to DoD a Program Comment 

for DoD Rehabilitation Treatment 

Measures. The following information 

includes the full text of the Program 

Comment. Copies of appurtenant 

rehabilitation treatment measures are 

available at the DENIX Web address 

listed above. 

Program Comment for Department of 

Defense 

Rehabilitation Treatment Measures 

I. Establishment and Authority: This 

Program Comment was issued by the 

ACHP on November 14, 2008 pursuant 

to 36 CFR 800.14(e). 

It provides DoD with an alternative 

way to comply with its responsibilities 

under Section 106 of the National 

Historic Preservation Act, 16 U.S.C. 

470f, and its implementing regulations, 

36 CFR part 800 (Section 106), with 

regard to the effects of rehabilitation 

treatment measures [available at 

https://www.denix.osd.mil/ 

ProgramAlternatives] to this Program 

Comment. 

The intent of this Program Comment 

is to reduce compliance timeframes for 

routine repair and maintenance 

undertakings involving historic 

properties where DoD chooses to repair 

and maintain those resources in 

accordance with the Secretary of the 

Interior’s Standards for Rehabilitation, 

36 CFR part 67 (Secretary’s Standards 

for Rehabilitation). 

II. Applicability to Department of 

Defense: Only DoD may use this 

Program Comment. 

III. Date of Effect: This Program 

Comment [went] into effect on 

November 14, 2008. 

IV. Use of Rehabilitation Treatment 

Measures To Comply With Section 106 

Regarding Their Effects: 

(1) DoD may comply with Section 106 

regarding the effects of rehabilitation 

treatment measures on historic 

properties, and those properties whose 

eligibility has not yet been determined, 

by: 

(i) Conducting such work as provided 

by the relevant rehabilitation treatment 

measure(s) [available at https:// 

www.denix.osd.mil/ 

ProgramAlternatives], in conformance 

with the implementation guidance 

documents numbered 01060.01 and 

01091.01 in those [documents]; 

(ii) Ensuring that all work described 

in the rehabilitation treatment measures 

is conducted under the supervision and 

approval of a cultural resources 

professional who meets the relevant 

standards outlined in the Secretary of 

the Interior’s Professional Qualification 

Standards, pursuant to 36 CFR part 61 

(Secretary’s Standards on Professional 

Qualification); and 

(iii) Keeping a record, at the relevant 

DoD installation, detailing each use of a 

rehabilitation treatment measure under 

this Program Comment for no less than 

five years from the final date of the 

implementation of the rehabilitation 

treatment measure. Each record must 

include the following information: 

(a) A description of the 

implementation of the rehabilitation 

treatment measure (including the 

specific location of the treatment); 

(b) The date(s) when the rehabilitation 

treatment measure was implemented; 

(c) The name(s) of the personnel that 

carried out and/or supervised the use of 

the rehabilitation treatment measure; 

(d) A summary of the treatment 

implementation, indicating how the 

rehabilitation treatment measure was 

carried out, any problems that arose, 

and the final outcome; and 

(e) A summary of any refinements to 

the rehabilitation treatment measures 

that the installation and relevant State 

Historic Preservation Officer (SHPO) has 

agreed upon per Stipulation IV(4), 

below. 

DoD must provide copies of these 

records, within a reasonable timeframe, 

when requested by the ACHP or the 

relevant SHPO. 

(2) Before it begins using this Program 

Comment, a DoD installation must 

provide written notification to the 

relevant SHPO stating that it intends to 

begin using it and specifying which 

rehabilitation treatment measures it 

deems appropriate for use with regard to 

the historic properties at the 

installation. The installation may begin 

using this Program Comment 30 days 

after such notification. 

(3) A DoD installation must also 

provide written notification to the 

relevant SHPO when it intends to begin 

using a rehabilitation treatment measure 

that has been added to this Program 

Comment per Stipulation VI. The 

installation may begin using such an 

added rehabilitation treatment measure 

30 days after such notification. 

(4) If, in the opinion of a DoD 

personnel or DoD contractor meeting the 

Secretary’s Standards on Professional 

Qualification, quantifiable scientific or 

qualitative historic data indicates that a 

rehabilitation treatment measure 

covered by this Program Comment 

should be refined to accommodate a 

specific material or rehabilitation 

technique that is more suitable for the 

relevant historic properties at the 

installation and/or that more 

specifically meets the intent of the 

Secretary’s Standards for Rehabilitation, 

the installation shall notify the relevant 

SHPO of that proposed refinement. (An 

example of a refinement would be the 

selection of a mortar joint profile 

appropriate for the historic property 

under consideration.) If, within 30 days 

of receiving that notification, the 


sroberts on PROD1PC70 with NOTICES