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Code · REGISTER · 2007-04-05 · SECURITIES AND EXCHANGE COMMISSION · Notices

Notices. Notice of Order To Show Cause (Order 2007-3-24) Docket OST-2004-19518

34,294 words·~156 min read·/register/2007/04/05/07-1664

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

BILLING CODE 7710-12-M SECURITIES AND EXCHANGE COMMISSION [Release No. IC-27771] Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940 March 30, 2007. The following is a notice of applications for deregistration under section 8(f) of the Investment Company Act of 1940 for the month of March 2007. A copy of each application may be obtained for a fee at the SEC's Public Reference Branch (tel. 202-551-5850). An order granting each application will be issued unless the SEC orders a hearing.
Interested persons may request a hearing on any application by writing to the SEC's Secretary at the address below and serving the relevant applicant with a copy of the request, personally or by mail. Hearing requests should be received by the SEC by 5:30 p.m. on April 25, 2007, and should be accompanied by proof of service on the applicant, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification by writing to the Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. *For Further Information Contact:* Diane L. Titus at
(202)551-6810, SEC, Division of Investment Management, Office of Investment Company Regulation, 100 F Street, NE., Washington, DC 20549-4041. The Preferred Group of Mutual Funds [File No. 811-6602] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On June 19, 2006, each of applicant's series transferred its assets to the following corresponding funds, based on net asset value: T. Rowe Price Value Fund, Inc., T. Rowe Price Growth Stock Fund, Inc., T. Rowe Price Mid-Cap Growth Fund, Inc., T. Rowe Price New Horizons Fund, Inc., T. Rowe Price Capital Appreciation Fund, T. Rowe Price International Funds, Inc., T. Rowe Price Short-Term Bond Fund, Inc., T. Rowe Price New Income Fund, Inc. and T. Rowe Price Summit Funds, Inc. Expenses of approximately $490,000 incurred in connection with the reorganization were paid by Caterpillar Investment Management Ltd., applicant's investment adviser. *Filing Dates:* The application was filed on July 20, 2006, and amended on October 30, 2006, January 12, 2007 and March 23, 2007. *Applicant's Address:* 411 Hamilton Blvd., Suite 1200, Peroria, IL 61602. AIM Floating Rate Fund [File No. 811-9797] *Summary:* Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. On April 13, 2006, applicant transferred its assets to AIM Counselor Series Trust, based on net asset value. Expenses of $238,190 incurred in connection with the reorganization were paid by A I M Advisors, Inc., applicant's investment adviser. *Filing Date:* The application was filed on February 23, 2007. *Applicant's Address:* 11 Greenway Plaza, Suite 100, Houston, TX 77046-1173. Pioneer Balanced Fund [File No. 811-1605] Pioneer America Income Trust [File No. 811-5516] *Summary:* Each applicant seeks an order declaring that it has ceased to be an investment company. On November 10, 2006, each applicant transferred its assets to corresponding series of Pioneer Series Trust IV, based on net asset values. Expenses of $80,698 and $81,259, respectively, incurred in connection with the reorganizations were paid by each applicant, the acquiring fund, and Pioneer Investment Management, Inc., investment adviser to both applicants and the acquiring fund. *Filing Date:* The applications were filed on March 5, 2007. *Applicants' Address:* 60 State St., Boston, MA 02109. Pioneer Europe Select Fund [File No. 811-10111] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On June 24, 2005, applicant transferred its assets to Pioneer Europe Select Equity Fund, based on net asset value. Expenses of $23,688 incurred in connection with the reorganization were paid by Pioneer Investment Management, Inc., investment adviser to both applicant and the acquiring fund. *Filing Date:* The application was filed on March 5, 2007. *Applicant's Address:* 60 State St., Boston, MA 02109. Pioneer Small Company Fund [File No. 811-7339] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On January 20, 2006, applicant transferred its assets to Pioneer Small Cap Value Fund, based on net asset value. Expenses of $87,781 incurred in connection with the reorganization were paid by applicant, the acquiring fund, and Pioneer Investment Management, Inc., investment adviser to both applicant and the acquiring fund. *Filing Date:* The application was filed on March 5, 2007. *Applicant's Address:* 60 State St., Boston, MA 02109. BlackRock U.S. Government Fund [File No. 811-4077] BlackRock Short Term U.S. Government Fund, Inc. [File No. 811-6304] *Summary:* Each applicant seeks an order declaring that it has ceased to be an investment company. On October 16, 2006, each applicant transferred its assets to corresponding series of BlackRock Funds, based on net asset value. Expenses of $677,572 and $238,614, respectively, incurred in connection with the reorganizations were paid by BlackRock, Inc., the parent company of applicants' investment adviser. *Filing Dates:* The applications were filed on January 17, 2007, and amended on March 22, 2007. *Applicants' Address:* BlackRock, Inc., 800 Scudders Mill Rd., Plainsboro, NJ 08536. BlackRock U.S. High Yield Fund, Inc. [File No. 811-8699] Master U.S. High Yield Trust [File No. 811-10019] *Summary:* Applicants, a feeder fund and a master fund, respectively, in a master-feeder structure, seek an order declaring that each has ceased to be an investment company. On October 16, 2006, each applicant transferred its assets to the High Yield Bond Portfolio, a series of BlackRock Funds, based on net asset value. Expenses of $237,309 and $757, respectively, incurred in connection with the reorganizations were paid by BlackRock, Inc., the parent company of applicants' investment adviser. *Filing Dates:* The applications were filed on January 17, 2007. BlackRock U.S. High Yield Fund, Inc. amended its application on March 16, 2007 and March 22, 2007. Master U.S. High Yield Trust amended its application on March 22, 2007. *Applicants' Address:* BlackRock, Inc., 800 Scudders Mill Rd., Plainsboro, NJ 08536. Merrilll Lynch Disciplined Equity Fund, Inc. [File No. 811-9299] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On August 28, 2006, applicant transferred its assets to BlackRock Large Cap Core Fund, a series of BlackRock Large Cap Series Fund, Inc., based on net asset value. Expenses of $341,376 incurred in connection with the reorganization were paid by Merrill Lynch & Co. Inc., the parent company of applicant's investment adviser. *Filing Dates:* The application was filed on January 17, 2007, and amended on March 22, 2007. *Applicant's Address:* BlackRock, Inc., 800 Scudders Mill Rd., Plainsboro, NJ 08536. Pioneer Limited Maturity Bond Fund [File No. 811-6657] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On September 28, 2001, applicant transferred its assets to Pioneer Bond Fund based on net asset value. Expenses of $76,677 incurred in connection with the reorganization were paid by Pioneer Investment Management, Inc., investment adviser for both applicant and the acquiring fund. *Filing Dates:* The application was filed on July 2, 2002, and amended on March 5, 2007. *Applicant's Address:* 60 State St., Boston, MA 02109. ACM Government Opportunity Fund, Inc. [File No. 811-5595] *Summary:* Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. On January 26, 2007, applicant transferred its assets to AllianceBernstein Income Fund, Inc., based on net asset value. Expenses of $336,500 incurred in connection with the reorganization were paid by applicant. *Filing Dates:* The application was filed on February 27, 2007, and amended on March 21, 2007. *Applicant's Address:* 1345 Avenue of the Americas, New York, NY 10105. AIM Combination Stock & Bond Funds [File No. 811-8066] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On July 18, 2005, applicant transferred its assets to corresponding portfolios of AIM Equity Funds and AIM Funds Group, based on net asset value. Expenses of $535,700 incurred in connection with the reorganization were paid by A I M Advisors, Inc., applicant's investment adviser. *Filing Date:* The application was filed on February 23, 2007. *Applicant's Address:* 11 Greenway Plaza, Suite 100, Houston, TX 77046-1173. Sentinel Pennsylvania Tax-Free Trust [File No. 811-4781] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On October 27, 2006, applicant transferred its assets to Federated Pennsylvania Municipal Income Fund, a series of Federated Municipal Securities Income Trust, based on net asset value. Expenses of $16,810 incurred in connection with the reorganization were paid by Sentinel Asset Management, Inc., applicant's investment adviser, and Federated Investors, Inc., the acquiring fund's investment adviser. *Filing Dates:* The application was filed on February 13, 2007, and amended on March 13, 2007. *Applicant's Address:* One National Life Drive, Montpelier, VT 05604. Bailard Opportunity Fund Group, Inc. [File No. 811-6146] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On April 3, 2006, applicant transferred its assets to corresponding series of HighMark Funds, based on net asset value. Expenses of $949,000 incurred in connection with the reorganization were paid by Bailard, Inc., applicant's investment adviser, and HighMark Capital Management, Inc., the acquiring fund's investment adviser. *Filing Dates:* The application was filed on January 3, 2007, and amended on March 13, 2007. *Applicant's Address:* 950 Tower Lane, Suite 1900, Foster City, CA 94404. Smith Barney Fund of Stripped Zero U.S. Treasury Securities [File No. 811-4324] Smith Barney Fund of Stripped Zero Coupon U.S. Treasury Securities [File No. 811-4583] *Summary:* Each applicant, a unit investment trust, seeks an order declaring that it has ceased to be an investment company. On November 16, 2004, each applicant made its final liquidating distribution, based on net asset value. Applicants incurred no expenses in connection with the liquidations. *Filing Dates:* The applications were filed on February 27, 2007, and amended on March 19, 2007. *Applicants' Address:* 388 Greenwich St., New York, NY 10013. Liberty-Stein Roe Advisor Trust [File No. 811-7955] *Summary:* Applicant seeks an order declaring that it has ceased to be an investment company. On July 27, 2002, applicant transferred its assets to Stein Roe Young Investor Fund, a series of Liberty-Stein-Roe Funds Investment Trust, based on net asset value. Expenses of $274,163 incurred in connection with the reorganization were paid by SteinRoe & Farnham Incorporated, applicant's investment adviser. *Filing Date:* The application was filed on February 20, 2007. *Applicant's Address:* One Financial Center, Boston, MA 02111. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6373 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55549; File No. SR-CHX-2007-02] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Order Granting Accelerated Approval of a Proposed Rule Change To Amend the CHX Fee Schedule on a Retroactive Basis To Clarify the Application of a Credit Against Specialist Fixed Fees March 28, 2007. I. Introduction On February 12, 2007, the Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to amend its Schedule of Participant Fees and Credits (“Schedule”) on a retroactive basis to clarify application of a monthly specialist fixed fee credit. The proposed rule change was published for comment in the **Federal Register** on March 12, 2007 for a 15-day comment period. 3 The comment period ended on March 27, 2007. The Commission received no comments on the proposal. This order grants accelerated approval of the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 See Securities Exchange Act Release No. 55408 (March 6, 2007), 72 FR 11068. II. Description of the Proposal The Exchange proposes to amend its Schedule on a retroactive basis to clarify application of a monthly specialist fixed fee credit. Beginning November 2006, the Exchange instituted a monthly specialist fixed fee credit of $25,000, to be applied while the Exchange completed implementation of its new trading model and issues were transitioned from being traded by CHX specialists to a market maker model. 4 This proposal clarifies that the Exchange intended that the credit would be applied on a cumulative basis for November and December of 2006, so that the November credit would be $25,000 and the December credit would be $50,000. In addition, the Exchange intended that the credit for January would be reduced to $25,000. Because SR-CHX-2006-37 did not clearly indicate that the credit would be applied on a cumulative basis for the months of November and December and subsequently reduced for the month of January, the CHX submitted the instant proposed rule change to clarify the total amount of the specialist fixed fee credit available for each month: $25,000 for November 2006; $50,000 for December 2006; and $25,000 for January 2007. 4 See Securities Exchange Act Release No. 55070 (January 9, 2007), 72 FR 2049 (January 17, 2007) (SR-CHX-2006-37). III. Discussion and Commission Findings The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 5 Specifically, the Commission believes that the proposed rule change is consistent with Section 6(b)(4) of the Act, 6 which requires that the rules of an exchange provide for the equitable allocation of reasonable dues, fees, and other charges among members and issuers and other persons using any facilities or system which it operates or controls. 5 In approving the proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition and capital formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(4). This proposed rule change would clarify the application of a specialist fixed fee credit that the CHX is offering as an incentive for CHX specialists while the CHX completed its transition to a new market maker trading model. The proposed rule change would reconcile the discrepancy between the manner in which the CHX intended to apply the credit and the description of the credit in SR-CHX-2006-37. The proposal would also clarify that the credit was reduced to $25,000 for the month of January 2007. The Commission finds good cause for approving the proposed rule change prior to the 30th day of the date of publication of the notice thereof in the **Federal Register** . The proposed rule change clarifies ambiguity about the application of the specialist fixed fee credit. The Commission believes accelerated approval will provide clarity without delay. Therefore, the Commission finds that there is good cause, consistent with Section 19(b)(2) of the Act, to approve the proposed rule change on an accelerated basis. IV. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SR-CHX-2007-02) be, and hereby is, approved on an accelerated basis. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 7 7 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6374 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55560; File No. SR-ISE-2007-23] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to an ISE Stock Exchange Fee Waiver March 29, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 27, 2007, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The ISE is proposing to amend its Schedule of Fees to extend a fee waiver related to the ISE Stock Exchange (“ISE Stock”). The text of the proposed rule change is available at *http://www.iseoptions.com* and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to extend a fee waiver related to the trading of equity securities on ISE Stock, a facility of the Exchange. The Exchange currently waives all execution fees in an effort to promote trading on ISE Stock. 3 The fee waiver is scheduled to expire on April 1, 2007. 4 In an effort to continue the promotion of ISE Stock, the Exchange proposes to extend the waiver of all execution fees until May 1, 2007. 3 *See* Securities Exchange Act Release No. 54561 (October 2, 2006), 71 FR 59844 (October 11, 2006). 4 *See* Securities Exchange Act Release No. 55427 (March 8, 2007), 72 FR 12644 (March 16, 2007). 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(4) 5 that the Exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities. 5 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act 6 and Rule 19b-4(f)(2) thereunder, 7 because it establishes or changes a due, fee, or other charge imposed by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. 6 15 U.S.C. 78s(b)(3)(A)(ii). 7 17 CFR 240.19b-4(f)(2). At any time within 60 days of the filing of the proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-ISE-2007-23 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE-2007-23. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the ISE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2007-23 and should be submitted on or before April 26, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6371 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55557; File No. SR-ISE-2006-78] Self-Regulatory Organizations; International Securities Exchange, LLC; Order Granting Approval of Proposed Rule Change Relating to the Facilitation Mechanism March 29, 2007. On December 13, 2006, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 to amend ISE Rule 716(d) to allow an Electronic Access Member (“EAM”) to execute a transaction through the Exchange's Facilitation Mechanism wherein the EAM has solicited interest from other parties to execute against a block-sized order it represents as agent, in addition to facilitating such orders with orders from the EAM's proprietary account. The proposed rule change was published for comment in the **Federal Register** on February 12, 2007. 3 The Commission received no comments on the proposal. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 55236 (February 2, 2007), 72 FR 6633. The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange 4 and, in particular, the requirements of Section 6(b)(5) of the Act. 5 Specifically, the Commission believes that the proposed rule change is consistent with the Act because it is a reasonable modification designed to provide additional flexibility for the Exchange's members to obtain block-sized executions on behalf of their customers. The Commission notes that Supplementary Material .01 to ISE Rule 716 provides that the use of the Facilitation Mechanism does not alter a member's best execution duty to obtain the best price for its customer. The Commission also notes that Supplementary Material .05 to ISE Rule 716 requires that any solicited contra orders entered by Exchange members to trade against agency orders may not be for the account of an ISE market maker that is assigned to the options class. 6 4 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 5 15 U.S.C. 78f(b)(5). 6 The Exchange confirmed that, in addition to orders solicited pursuant to paragraph
(e)of ISE Rule 716, the last sentence of Supplement .05 to ISE Rule 716 also applies to orders solicited pursuant to paragraph
(d)of ISE Rule 716. Telephone conversation on March 28, 2007 between Joseph Ferraro, Associate General Counsel, ISE and Jennifer Dodd, Special Counsel, Division of Market Regulation, Commission. *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 7 that the proposed rule change (SR-ISE-2006-78) be, and hereby is approved. 7 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6377 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55559; File No. SR-NYSE-2005-03] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 3 to and Order Granting Accelerated Approval of Proposed Rule Change, as Amended Related to Exchange Rule 325 (Capital Requirements for Member Organizations) and Rule 326 (Growth Capital Requirement, Business Reduction Capital Requirement, Unsecured Loans and Advances) March 29, 2007. I. Introduction On January 5, 2005, the New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“SEC” or the “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Exchange Act”), 1 and Rule 19b-4 thereunder, 2 the proposed rule change relating to Exchange Rules 325 and 326. The NYSE filed Amendment No. 1 to the proposed rule change on February 13, 2006. The NYSE filed Amendment No. 2 to the proposed rule change on March 17, 2006. 3 The proposed rule change was published in the **Federal Register** on August 8, 2006. 4 The Commission received one comment on the proposal. 5 On February 1, 2007, the Exchange filed Amendment No. 3 to the proposed rule change. 6 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Partial Amendment No. 2 (“Amendment No. 2”), the Exchange clarified the application of proposed amendments to NYSE Rule 326 to make explicit the ability of the Exchange to restrict the growth or business of a member organization, respectively, when its tentative net capital declines below the early warning notification amount required by the Exchange Act Rule 15c3-1(a)(7)(ii). 4 Exchange Act Release No. 54255 (July 31, 2006), 71 FR 45086 (August 8, 2006). 5 *See* letter from Thomas Petrone, Managing Director, Citigroup Global Markets, Inc. to Nancy M. Morris, Secretary, Commission, dated September 13, 2006. 6 *See* Partial Amendment No. 3 dated February 1, 2007 (“ Amendment No. 3”). Amendment No. 3 proposed amended language to Rules 325 and 326 to add an early warning notification more restrictive than Commission/CFTC requirements. The text of Amendment No. 3 is available at the NYSE, the Commission's Public Reference Room, and *http://www.nyse.com.* This order provides notice of Amendment No. 3 to the proposed rule change and approves the proposed rule change as amended on an accelerated basis. II. Description of the Proposal The proposed rule change consists of amendments to Rule 325 and Rule 326 to reflect Commission amendments under the Exchange Act, including amendments to Exchange Act Rule 15c3-1 that established an alternative method of computing net capital for broker-dealers, and to reflect amendments to Commodity Futures Trading Commission rules (“CFTC”) under the Commodities Exchange Act 7 with respect to minimum net capital requirements for futures commission merchants. 8 7 7 U.S.C. 1 *et seq.* 8 The CFTC rules became effective on September 30, 2004. *See* 69 FR 49784 (Aug. 12, 2004). The Commission also recently proposed amendments to Exchange Act Rule 15c3-1 and Rule 17a-11 to conform provisions of its net capital rule to the CTFC amendments. *See* Exchange Act Release No. 54575 (October 5, 2006), 71 FR 60636 (October 13, 2006). The Commission's net capital rule, Exchange Act Rule 15c3-1, imposes minimum financial requirements on broker-dealers. 9 To help insure that broker-dealers maintain sufficient liquid assets to satisfy promptly the claims of customers and cover potential market and credit risks, the net capital rule requires broker-dealers to maintain different minimum levels of capital based upon the nature of their business and whether they handle customer funds or securities. 9 17 CFR 240.15c3-1. On June 8, 2004, the Commission adopted rule amendments under the Exchange Act, including amendments to Exchange Act Rule 15c3-1, that established a voluntary, alternative method of computing net capital for certain large broker-dealers that are part of consolidated supervised groups referred to as consolidated supervised entities (“CSEs”). 10 Under the Commission amendments, a broker-dealer may use this alternative method only if its ultimate holding company agrees to compute group-wide allowable capital and allowances for market, credit, and operational risk in accordance with the standards adopted by the Basel Committee on Banking Supervision, and consents to group-wide Commission supervision. The alternative method of computing net capital permits a broker-dealer to use models, such as “value-at-risk” (“VAR”) models and scenario analysis, which are already part of its internal risk management control system to calculate the market risk and derivatives-related credit risk components of its net capital requirement. The deduction for market risk calculated using internal models replaces the traditional “haircut” approach to calculating net capital. 11 10 Exchange Act Release No. 49830 (June 8, 2004), 69 FR 34425 (June 21, 2004). 11 The “haircut” approach to computing net capital involves reducing the value of firms’ proprietary securities by pre-determined percentages to allow for potential reductions in market value. *See* paragraph (c)(2)(vi) of Rule 15c3-1. In 2004, the CFTC amended Rule 1.17 and adopted certain new “risked-based” capital requirements applicable to futures commission merchants. 12 CFTC Rule 1.17, as amended, requires a futures commission merchant to maintain adjusted net capital equal to a specific percentage of the margin required to be collected under exchange or clearing organization rules for positions carried in customer and noncustomer accounts. 13 12 *See supra* note 8. 13 17 CFR 1.17. When NYSE member firms allow their net capital to decline below certain levels, the firms risk non-compliance with the requirements of Exchange Act Rule 15c3-1. NYSE Rules 325 and 326 are designed to alert the Exchange before such problems occur, and to enable the Exchange to prevent membership non-compliance by restricting the business activities of any member organization whose net capital falls below certain defined levels. Proposed Amendment to NYSE Rule 325 Rule 325, the Exchange's primary net capital rule, requires NYSE member firms to comply with Exchange Act Rule 15c3-1 and imposes additional requirements to ensure such compliance. Rule 325(b) requires a member organization to notify the Exchange if its net capital falls below certain percentages. The proposed amendments to Rule 325(b)(1) reflect recent changes to the CFTC rules with respect to risk-based capital requirements for futures commission merchants. The proposed amendments conform Rule 325 to these CFTC rule changes. 14 14 *See supra* note 8; *see also* 17 CFR 1.17. In addition, the proposed amendments also add Rule 325(b)(3), which would require a member organization to provide concurrently to the Exchange a copy of any report or notification made to the Commission pursuant to Exchange Act Rule 17a-11 15 or CFTC Rule 1.12. 16 The NYSE stated that this new requirement is necessary to help ensure that the Exchange continues to receive timely notification of potential violations of Exchange Act Rule 15c3-1, including the rule's CSE provisions. Therefore, because CFTC Rule 1.12 requires notification by any futures commission merchant that experiences a decline in net capital below the CFTC's early warning levels, the Exchange will continue to receive notification if a member organization acting as futures commission merchant is in danger of violating CFTC minimum capital requirements. 15 17 CFR 240.17a-11. 16 17 CFR 1.12. Proposed Amendments to NYSE Rule 326 NYSE Rule 326, which enables the Exchange to restrict a member organization's business activities if its net capital falls below certain defined levels, uses a two-step approach to preventing membership non-compliance with Exchange Act Rule 15c3-1. First, Rule 326(a) allows the Exchange to prohibit a member organization from expanding its business if its net capital falls below specified levels. Second, if a member organization's net capital falls below lower, specified levels, Rule 326(b) allows the Exchange to compel it to reduce its existing business. To enable the Exchange to regulate its membership proactively (that is, to act if a member or member organization is in danger of violating Exchange Act Rule 15c3-1, rather than waiting until Exchange Act Rule 15c3-1 has been violated), the levels specified in NYSE Rule 326 are higher than those contained in Exchange Act Rule 15c3-1. The proposed amendments would add language to provide minimum tentative net capital 17 and net capital levels for the Exchange to use when prohibiting, under Rule 326(a), the expansion of business by a member organization using the alternative method of computing net capital under the Commission's CSE rules. The proposed amendments also conform the rule language with respect to member organizations registered as futures commission merchants to the CFTC rule amendments regarding risk-based capital requirements. 17 “Tentative net capital” is defined in the CSE rules as net capital before deductions for market and credit risk. *See* Exchange Act Rule 15c3-1(c)(15). The NYSE stated that the levels proposed in Rule 326(a) for CSE firms (50 percent of the tentative net capital level that triggers Commission notification or a net capital level of less than $1.25 billion) would not unduly restrict a member organization's business, but would allow the Exchange, after evaluating a member organization's financial condition, to use the disincentive of restricted business expansion to encourage necessary corrective action by a member organization whose net capital has fallen to levels that risk violation of Exchange Act Rule 15c3-1. The Exchange also proposes to amend Rule 326(a) to require a futures commission merchant to restrict its business activities during any period in which its net capital is less than 120 percent of the minimum risk-based capital requirements of CFTC Rule 1.17. The Exchange also proposes to amend Rule 326(b) to provide minimum tentative net capital and net capital levels for the Exchange to use in requiring a CSE firm to reduce its business pursuant to Rule 326(b). The Exchange stated that the levels proposed in Rule 326 (40 percent of the tentative net capital level that triggers Commission notification or net capital of less than $1 billion) would not unduly restrict a member organization's business, but would allow the Exchange, after evaluating a member organization's financial condition, to use the disincentive of mandatory business reduction to encourage necessary corrective action by a member organization whose net capital has fallen to levels that risk violation of Exchange Act Rule 15c3-1. The proposed rule changes to Rule 326(b) also would require a member organization to reduce its business if its net capital falls below 110 percent of the minimum capital requirements of CFTC Rule 1.17 (the same level that triggers notification to the CFTC under CFTC Rule 1.12). Therefore, the Exchange will retain the ability to compel a member organization to reduce its business if its net capital falls to levels that may violate CFTC minimum capital requirements. The Exchange also proposed rule amendments to Rules 326(c) and
(d)to reflect the CFTC rule amendments with respect to risk-based capital requirements for futures commission merchants. These proposed rules amendments are parallel to the proposed changes to Rules 326(a) and (b), respectively. Finally, the proposed rule amendments contain proposed language changes to renumber certain paragraphs and other non-substantive changes. III. Summary of Comment Received The Commission received one comment letter to the proposed rule change. 18 The commenter supported prompt implementation of the proposal and commented specifically on the proposed changes to NYSE Rule 431(e). The NYSE, however, deleted this proposed paragraph in Amendment No. 3, and determined to proceed with the proposed rule change addressing amendments to NYSE Rules 325 and 326 only. No specific comments were received with respect to the proposed amendments to these rules. 18 *See supra* note 5. IV. Discussion and Commission Findings The Commission has carefully reviewed the proposed rule change and comment letter and finds that the proposed rule change is consistent with the requirements of Section 6(b)(5) 19 of the Exchange Act, which requires that the rules of the Exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 20 19 15 U.S.C. 78f(b)(5). 20 In approving the proposed rule change, as amended, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). The Commission believes that the proposed amendments are consistent with the requirements of Section 6(b)(5) of the Act in that they align the language in Rules 325 and 326 to reflect the Commission amendments to Rule 15c3-1 with regard to the alternative method of computing net capital for broker-dealers and they incorporate the CFTC rule amendments for NYSE member firms registered as futures commission merchants. NYSE has requested that the Commission find good cause for approving the proposed rule change prior to the thirtieth day after the date of publication of notice of Amendment No. 3 in the **Federal Register** . The Commission notes that the proposal, as modified by Amendment Nos. 1 and 2, was published for notice and comment, 21 and that the Commission received one comment letter. 22 In Amendment No. 3, NYSE made proposed changes to NYSE Rules 325 and 326 to make conforming changes to CFTC early warning requirements for futures commission merchants and determined not to proceed with amendments to Rule 431(e). 23 Accordingly, the Commission does not believe that Amendment No. 3 raises any new or novel issues. Based on the above, the Commission finds good cause to accelerate approval of the proposed rule change, as amended. 21 *See supra* note 4. 22 *See supra* note 5. 23 The CFTC rules became effective on September 30, 2004. *See* 69 FR 49784 (Aug. 12, 2004). V. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2005-03 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2005-03. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of NYSE. VI. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 24 that the proposed rule change (SR-NYSE-2005-03), as amended, be, and hereby is, approved on an accelerated basis. 24 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 25 25 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6311 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55555; File No. SR-NYSE-2007-09] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change as Modified by Amendments No. 1 and 2 Thereto Relating to Rule 18 (Compensation in Relation to System Failure) March 29, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 26, 2007, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Exchange filed Amendments No. 1 and 2 to the proposal on February 1, 2007, and March 28, 2007, respectively. The Commission is publishing this notice to solicit comment on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to adopt Rule 18, “Compensation in Relation to Exchange System Failure,” which will provide a form of compensation to member organizations when a loss is sustained in relation to an Exchange system failure. The Exchange further proposes to amend Rule 134 (“Differences and Omissions-Cleared Transactions (“QTs”)”) to require that profits equal to or greater than $5,000 gained in relation to an Exchange system failure be remitted to the Exchange to be included in funds available for distribution pursuant to proposed Rule 18. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nyse.com* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NYSE included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is a self-regulatory organization (“SRO”) as that term is defined under the Act. 3 In its capacity as a SRO the Exchange functions as a quasi-governmental authority and is therefore entitled to immunity from lawsuits. 4 NYSE Rule 17 provides that the “Exchange shall not be liable for any damages sustained by a member, allied member or member organization growing out of the use or enjoyment by such member, allied member or member organization of the facilities afforded by the Exchange, except as provided in the rules.” 3 *See* 15 U.S.C. 78c(a)(26). 4 *See DL Capital Group, LLC* v. *Nasdaq Stock Market, Inc.* , 409 F.3d 93, 99 (2d Cir. 2005); *D'Alessio* v. *New York Stock Exchange, Inc.* , 258 F.3d 93, 104-05 (2d Cir. 2001). The Exchange proposes to adopt Rule 18, “Compensation in Relation to Exchange System Failure,” in order to establish a procedure to compensate member organizations in relation to Exchange system failures. The Exchange recognizes that the current industry practice of exchanges that function as SROs is to provide a form of compensation for losses sustained in relation to the use of the company's systems. As such, the Exchange seeks to adopt NYSE Rule 18 in order to conform to current industry practice. a. Claims for Compensation Pursuant to the proposed rule, an Exchange system failure is defined as a malfunction of the Exchange's physical equipment, devices, and/or programming which results in an incorrect execution or no execution of an order that was received in Exchange systems. Misuse of Exchange systems and delays in order processing as a result of large volume or other capacity issues, commonly known as “queuing,” are not considered Exchange system failures. In order for a member organization to be eligible to receive payment for a claim, it must incur a net loss equal to or greater than $5,000. That is, the loss must total $5,000 after any profits received in relation to the same incident are subtracted. Claims must be submitted on a per incident basis. Member organizations are not permitted to aggregate losses incurred as a result of more than one system failure in order to satisfy the $5,000 minimum claim requirement. In addition to the minimum claim requirement, member organizations are required to informally notify the Exchange's Division of Floor Operations of a suspected Exchange system failure by the opening of the next business day following an incident. Formal written notice of the suspected Exchange system failure must be provided to the Exchange's Division of Floor Operations no later than end of the third business day after the incident. Once in receipt of a claim, the Exchange's Division of Floor Operations will verify that:
(i)A valid order was accepted into Exchange's systems; and
(ii)an Exchange system failure occurred during the execution or handling of that order. If all of the criteria for submitting a claim have been met, the claim will be qualified for processing with all other eligible claims at the end of the calendar month in which the incident occurred. b. Exchange Funds Available for Claims Pursuant to proposed Rule 18, the Exchange will allot $500,000 each calendar month (“Monthly Allotment”) to be used for payments to member organizations that qualify for compensation under the Rule. The Monthly Allotment constitutes the initial amount to be contributed by the Exchange to provide compensation in relation to Exchange system failures for each calendar month regardless of the total dollar amount of claims eligible for payment. The Monthly Allotments do not aggregate, and except as set forth below, the Monthly Allotment for each calendar month is $500,000. In the event that less than $250,000 of the Monthly Allotment is paid out for a given calendar month, $50,000 of that month's remaining Monthly Allotment (“Supplemental Allotment”) will be added to a supplemental fund available for payment in subsequent calendar months. For example, if during the first full calendar month of operating under proposed NYSE Rule 18, the total amount paid to member organizations is $100,000, leaving $400,000 remaining from the original Monthly Allotment, the following month, the Exchange will allot the Monthly Allotment of $500,000 and an additional $50,000 will be carried over from the previous calendar month's remaining balance for a total of $550,000 eligible for payment to member organizations in the second calendar month. This Supplemental Allotment will only be used to pay claims after the Monthly Allotment is exhausted. If claims are satisfied by the Monthly Allotment, the Supplemental Allotment, or any unused portion thereof, will be carried forward every month. Every month that does not pay out more than $250,000 of the Monthly Allotment will result in a Supplemental Allotment to the subsequent Monthly Allotment as described above. If in any calendar month the amount of funds required to pay eligible claims of member organizations is equal to or exceeds $250,000 of the Monthly Allotment, no Supplemental Allotment will be added to the Monthly Allotment for the subsequent calendar month. The Exchange shall determine what, if any, maximum dollar amount may accrue over time as part of the Supplemental Allotment. Any and all Exchange determinations as to a maximum dollar amount that may accrue over time as part of the Supplemental Allotment shall be formally reflected in the text of Rule 18. In addition, after a few years of Rule 18's implementation, Exchange management intends to review both the maximum dollar amount, if any, which may be accrued as part of the Supplemental Allotment and the Monthly Allotment to determine whether they are appropriate. The Exchange understands that it would be required to file a proposed rule change should Exchange management determine to establish or change any maximum dollar amount for the Supplement Allotment or to modify the amount of the Monthly Allotment. 5 5 Telephone conversation between Deanna Logan, Director, Office of the General Counsel, NYSE, and Nathan Saunders, Special Counsel, Division of Market Regulation (“Division”), Commission, on March 29, 2007. c. Other Funds Available for Payment of Claims In addition to the Monthly Allotment and Supplemental Allotment, the Exchange proposes to amend Exchange Rule 134.40 to provide that any error transactions in a member organization's account in relation to an Exchange system failure which results in a profit equal to or greater than $5,000 must be remitted to the Exchange (“Profit Contribution”). Profit Contributions will be added to the Monthly Allotment and any Supplemental Allotment. Currently, pursuant to Exchange Rule 134.40, member organizations must report certain profits to the Exchange, but are not required to remit any part thereof to the Exchange. The Exchange proposes to amend Rule 134.40 to require that profits equal to or greater than $5,000 gained in relation to an Exchange system failure be remitted to the Exchange in order to be applied to payments to member organizations pursuant to proposed NYSE Rule 18. The Profit Contribution will operate similarly to the Supplemental Allotment in that it will only be used for payments after all other funds are exhausted ( *i.e.* , Monthly Allotment and any Supplemental Allotment). In the event that the payments to member organizations are satisfied by the Monthly Allotment and any Supplemental Allotment, then the Profit Contribution will carry over each subsequent calendar month until required for the payments of eligible claims. d. Compensation Payments to Claimants In order to review qualified claims and administer payments, the Exchange will establish a panel consisting of three
(3)Floor Governor and three
(3)Exchange employees (the “Compensation Review Panel”). The Compensation Review Panel will meet and review all the claims that are submitted for a calendar month in order to determine:
(i)If each claim satisfies all the criteria for payment; and
(ii)the amount to be paid on the claim (“approved claims”). As part of its determination, the Compensation Review Panel must review the actions of the member organization and its employees before and after the error occurred in order to determine if any of the claimant's actions contributed to the loss sustained. The Compensation Review Panel may increase or reduce the amount deemed eligible for payment as a result of its review. All decisions by the Compensation Review Panel are final. The determinations of the Compensation Review Panel will be by majority vote. In the event of deadlock, all relevant information about the claim will be sent to the Chief Executive Officer of the Exchange (“CEO”) or the President or his or her designee who will make a final determination. Like the determinations of the Compensation Review Panel, all the determinations of the CEO are final. Once each claim is reviewed and the amount to be paid on each approved claim is decided, the Compensation Review Panel will total the dollar amount of all approved claims for the calendar month under review. If the total dollar amount of approved claims is less than the Monthly Allotment, then the claims will be paid to the claimants in full. If the total amount of approved claims exceeds the Monthly Allotment, then any Supplemental Allotment and/or Profit Contribution will be added to the Monthly Allotment in order to satisfy approved claims. In the event that the approved claims for a month exceed the sum of the Monthly Allotment, the Supplemental Allotment (if any), and the Profit Contribution (if any), then the approved claims will be paid out to member organizations based upon the proportion that each eligible claim bears to the total amount of all approved claims. e. Retroactivity of Proposed Rule 18 The Exchange further requests to have proposed NYSE Rule 18 function retroactively. Specifically, the Exchange seeks to allow member organizations to submit claims to the Exchange for any alleged Exchange system failures that occurred between September 1, 2006 and the date of Commission approval of the proposed rule. After Commission approval, all other claims must be submitted as prescribed by the rule. The Monthly Allotment will be set aside for each calendar month in the period for which Rule 18 is retroactively effective. 6 However, the Supplemental Allotment and Profit Contribution provisions of the rule will not be retroactive, but will begin to accrue the month after Commission approval of proposed Rule 18 in accordance with provisions governing those funds. 6 Telephone conversation between Deanna Logan, Director, Office of the General Counsel, NYSE, and Nancy Sanow, Assistant Director, and Nathan Saunders, Special Counsel, Division, Commission, on March 7, 2007. 2. Statutory Basis The Exchange's basis under the Act 7 for this proposed rule change is the requirement under Section 6(b)(5) 8 that an Exchange have rules that are designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. 7 15 U.S.C. 78a. 8 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)As the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or
(ii)as to which the Exchange consents, the Commission will:
(A)By order approve the proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSE-2007-09 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-09. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-09 and should be submitted on or before April 26, 2007. 9 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 9 Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6376 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55564; File No. SR-NYSEArca-2007-17] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Waive Certain Listing Fees for Dually-Listed Issuers Who Delist During 2007 March 30, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 6, 2007, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposal from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly-owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities”), proposes to waive 2007 listing fees for any companies who, as of January 1, 2007, were dually listed on NYSE Arca Equities, on the one hand, and another national securities exchange, on the other hand, and have provided notice by June 30, 2007 to NYSE Arca Equities of their intention to voluntarily withdraw from listing on NYSE Arca. The NYSE Arca schedule of listing fees will be amended to note that, for those issuers dually listed on NYSE Arca Equities on January 1, 2007 and who have given notice by June 30, 2007 to NYSE Arca Equities of their intention to voluntarily withdraw from listing on NYSE Arca (and in fact withdraw during 2007), the 2007 annual listing fees will be waived. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nysearca.com* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange, through NYSE Arca Equities, proposes to waive 2007 listing fees for any companies who, as of January 1, 2007, were dually listed on NYSE Arca Equities, on the one hand, and another national securities exchange, on the other hand, and have provided notice by June 30, 2007 to NYSE Arca Equities of their intention to voluntarily withdraw from listing on NYSE Arca. The NYSE Arca schedule of listing fees will be amended to note that, for those issuers dually listed on NYSE Arca Equities on January 1, 2007 who have given notice by June 30, 2007 to NYSE Arca Equities of their intention to voluntarily withdraw from listing on NYSE Arca (and in fact withdraw during 2007), the 2007 annual listing fees will be waived. Effective January 1, 2007, the annual listing fees for all companies listed on NYSE Arca Equities were increased. 3 Many of the issuers still dually listed on NYSE Arca Equities on January 1, 2007 had indicated to the Exchange their intention to voluntarily withdraw from NYSE Arca. However, because of the dually listed issuers' administrative or governance processes, some of these dually listed issuers were unable to complete the withdrawal process before the new fees became effective. In this instance, the Exchange believes that it is appropriate to waive the 2007 listing fees for issuers dually listed on NYSE Arca Equities as of January 1, 2007 who have given notice by June 30, 2007 of their intention to voluntarily withdraw during 2007 and in fact withdraw during 2007. 3 *See* Securities Exchange Act Release No. 54007 (June 16, 2006), 71 FR 36155 (June 23, 2006) (SR-NYSEArca-2006-16). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act 4 in general and furthers the objectives of Section 6(b)(5) of the Act 5 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments, and to perfect the mechanism of, a free and open market and a national market system, and, in general, to protect investors and the public interest. 4 15 U.S.C. 78f. 5 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)As the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the self-regulatory organization consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSEArca-2007-17 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2007-17. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2007-17 and should be submitted on or before April 26, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 6 6 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6372 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55553; File No. SR-Phlx-2007-23] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Phlx Rule 607 and the XLE Fee Schedule March 29, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 20, 2007, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III, below, which Items have been substantially prepared by the Phlx. The Phlx has designated this proposal as one establishing or changing a due, fee, or other charge applicable only to a member under Section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Phlx proposes to amend Phlx Rule 607, 5 Covered Sale Fee, and the XLE Fee Schedule to include sale transactions that are routed through the Exchange's routing facility. The Exchange also proposes to clarify and update the language in Phlx Rule 607 and on the XLE Fee Schedule that relates to the routing of orders over the NMS Linkage Plan. 5 The Commission notes that the text of Phlx Rule 607 was incorrectly reflected in Exhibit 5A of the Exchange's Form 19b-4 filing. Specifically, the Exchange did not include two references to the “Intermarket Trading System” that were contained in the third paragraph of Rule 607 (the third paragraph of the rule is not affected by this proposed rule change). These two references have subsequently been deleted as part of another immediately effective proposed rule change (see File No. SR-Phlx-2007-31), filed on March 27, 2007. This proposal is scheduled to become effective for transactions settling on or after March 20, 2007. The text of the proposed rule change is available at the Exchange, on the Exchange's Web site at *www.phlx.com* , and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Phlx included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Phlx has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Currently, pursuant to Phlx Rule 607, each Phlx member and member organization engaged in executing sale transactions on the Exchange or executing transactions on another exchange or on a Participant in NASD's Alternative Display Facility (“ADF Participant”), which were routed over the NMS Linkage Plan, pays a Covered Sale fee equal to
(i)The Section 31 fee rate multiplied by
(ii)the member's aggregate dollar amount of covered sales. 6 6 The term “Covered Sale fee” describes the fee that Phlx imposes to recover what it owes pursuant to Section 31 of the Act (15 U.S.C. 78ee). Other exchanges may use different terms to describe the same fee ( *e.g.* , “Activity Assessment Fee” or “Sales Value Fee”). A sale transaction may now be routed through the Exchange's outbound routing facility, 7 which is not covered by the language set forth above. The Exchange's outbound routing facility sends outbound orders to an away market broker for execution on an away market. Any covered sale type-fee assessed by an away market and incurred by the away market broker is then passed back to Phlx for payment, through the Exchange's outbound routing facility. This proposal inserts language to reflect that sale transactions may be routed over the Exchange's routing facility. Also, the proposed language reflects that the Covered Sale fee may be collected by the Exchange for these transactions to help the Exchange recover the amounts paid to other exchanges. 7 See Phlx Rule 185(g). Additionally, the Exchange proposes to delete the reference to transactions routed over the NMS Linkage Plan, as it is no longer applicable. As discussed above, the Exchange has contracted with its outbound routing facility to route the Exchange's outbound orders. Thus, these orders are no longer routed outbound through the NMS Linkage Plan. Deleting the language relating to outbound routing over the NMS Linkage Plan will update Phlx Rule 607 and the XLE Fee Schedule to reflect the Exchange's current outbound routing practices. The provisions of Phlx Rule 607 pertaining to arrangements with other exchanges remain unchanged because the Exchange accepts orders routed inbound through the NMS Linkage Plan. 2. Statutory Basis The Exchange believes that its proposal to amend its schedule of fees is consistent with Section 6(b) of the Act 8 in general, and furthers the objectives of Section 6(b)(4) of the Act 9 in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members. 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received by the Exchange. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act 10 and paragraph (f)(2) of Rule 19b-4 11 thereunder because it establishes a due, fee, or other charge applicable only to a member. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 10 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-Phlx-2007-23 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2007-23. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of the Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2007-23 and should be submitted on or before April 26, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6375 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55558; File No. SR-Phlx-2007-25] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Exchange's Automated Opening System March 29, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on March 20, 2007, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Phlx. The Phlx has filed the proposed rule change as one effecting a change in an existing order-entry or trading system of a self-regulatory organization pursuant to Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(5) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(5). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Phlx proposes to amend Exchange Rule 1017, Openings in Options, to provide for a delay in the automated opening of an option series for up to five seconds when the conditions for opening the option series have been satisfied, and following:
(1)Respecting equity options, the dissemination of an opening quote or trade in the primary market for the underlying security; or
(2)respecting index options, following the dissemination of a quote or trade by the primary markets for underlying securities constituting 100% of the index value. The text of the proposed rule change is available at Phlx, the Commission's Public Reference Room, and *www.Phlx.com/exchange/phlx-rule-fil.html.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Phlx included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Phlx has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to help Exchange specialists, Streaming Quote Traders (“SQTs”), 5 and Remote Streaming Quote Traders (“RSQTs”) 6 to better manage their market risk by delaying the opening of an option series for a brief interval following the dissemination of an opening trade or quote in the underlying security. Thus, specialist, SQTs and RSQTs would be able to price options series accurately on the opening. 5 An SQT is an Exchange Registered Options Trader (“ROT”) who has received permission from the Exchange to generate and submit option quotations electronically through AUTOM in eligible options to which such SQT is assigned. An SQT may only submit such quotations while such SQT is physically present on the floor of the Exchange. *See* Exchange Rule 1014(b)(ii)(A). 6 An RSQT is an ROT that is a member or member organization with no physical trading floor presence who has received permission from the Exchange to generate and submit option quotations electronically through AUTOM in eligible options to which such RSQT has been assigned. An RSQT may only submit such quotations electronically from off the floor of the Exchange. *See* Exchange Rule 1014(b)(ii)(B). Currently, the Exchange's systems immediately open a series when the following conditions are satisfied:
(i)The Exchange has received market orders, or the book is crossed (highest bid is higher than the lowest offer) or locked (highest bid equals the lowest offer); and either: (ii)(A) The specialist's quote has been submitted;
(B)The quotes of at least two Phlx XL participants 7 have been submitted within two minutes of the opening trade or quote on the primary market for the underlying security; or 7 Phlx XL participants include specialist, SQT, RSQT, and non-SQT ROTs who are required to submit continuous two-sided electronic quotations pursuant to Exchange Rule 1014(b)(ii)(E). *See* Exchange Rule 1017(a).
(C)If neither the specialist's quote nor the quotes of two Phlx XL participants have been submitted within two minutes of the opening trade or quote on the primary market for the underlying security, one Phlx XL participant has submitted their quote. Once these conditions are satisfied, the system will automatically open the series immediately upon the dissemination of an opening trade or quote in the primary market for the underlying. The proposed rule change would delay the opening of an option series for up to five seconds from the dissemination of an opening quote or trade in the primary market for the underlying security or, respecting index options, following the dissemination of a quote or trade by the primary markets for underlying securities constituting 100% of the index value. The time period would apply uniformly to all options traded on the Exchange. Experience with the automated opening system has shown that specialists, SQTs, and RSQTs frequently do not have an adequate opportunity to adjust their pre-opening quotes to accurately reflect the price of the underlying security when the underlying trade or quote is disseminated. As a result, the option series may be priced incorrectly at the opening, which places Exchange specialists, SQTs and RSQTs at market risk on the opening. The delay (which time period would be determined by the Exchange and disseminated to membership via an Exchange circular) should enable Exchange specialists, SQTs and RSQTs to better manage this market risk and to maintain fair and orderly markets by pricing options series accurately on the opening. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 8 in general, and furthers the objectives of Section 6(b)(5) of the Act 9 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest, by enabling Exchange specialists, SQTs and RSQTs to better manage their risk, thus providing fair and orderly markets and correct options pricing on the opening of a series, all to the benefit of customers and the marketplace as a whole. 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change effects a change in an existing order-entry or trading system of a self-regulatory organization that:
(1)Does not significantly affect the protection of investors or the public interest;
(2)does not impose any significant burden on competition; and
(3)does not have the effect of limiting the access to or availability of the system. Therefore, it has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(5) 11 thereunder. At any time within 60 days of the filing of the proposed rule change the Commission may summarily abrogate such proposed rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(5). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-Phlx-2007-25 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2007-25. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of the Phlx. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2007-25 and should be submitted on or before April 26, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-6378 Filed 4-4-07; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF STATE [Public Notice 5743] Bureau of Educational and Cultural Affairs (ECA); Request for Grant Proposals: Edmund S. Muskie Graduate Fellowship Program *Announcement Type:* New Cooperative Agreement. *Funding Opportunity Number:* ECA/A/E/EUR-08-01. *Catalog of Federal Domestic Assistance Number:* 00.000. *Key Dates:* Application Deadline: June 1, 2007. *Executive Summary:* The Office of Academic Exchange Programs of the Bureau of Educational and Cultural Affairs
(ECA)announces an open competition for the administration of the FY 2008 Edmund S. Muskie Graduate Fellowship Program (Muskie Program). Public and private non-profit organizations meeting the provisions described in IRS regulation 26 CFR 1.501(c)(3) may submit proposals to administer the selection, placement, monitoring, evaluation, follow-on, and alumni activities for the Edmund S. Muskie Graduate Fellowship Program (Muskie Program). Organizations with less than four years experience in conducting international exchange programs are not eligible for this competition. The Muskie Program selects outstanding citizens from Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Uzbekistan, Tajikistan and Turkmenistan (herein referred to as Eurasia) to receive fellowships for Master's level study in the United States in the fields of business administration, economics, law, public administration, and public policy. Candidates from countries other than Russia and Ukraine will be also considered in additional fields of education, environmental management, international affairs, library and information science, journalism/mass communications, and public health per guidelines outlined in the Project Objectives, Goals, and Implementation (POGI). Muskie Program fellows will be enrolled in graduate degree, certificate, and non-degree programs lasting one to two academic years. Funding should support a minimum of 145 fellows for Master's level fellowships under the FY 2008 program. Every effort should be made to maximize the number of awards granted. I. Funding Opportunity Description Authority Overall grant making authority for this program is contained in the Mutual Educational and Cultural Exchange Act of 1961, Public Law 87-256, as amended, also known as the Fulbright-Hays Act. The purpose of the Act is “to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries * * *; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations * * * and thus to assist in the development of friendly, sympathetic and peaceful relations between the United States and the other countries of the world.” The funding authority for the program above is provided through Fulbright-Hays legislation. Purpose The Muskie Program is designed to promote mutual understanding, build democracy and foster the transition to market economies in Eurasia through intensive academic study and professional training. The academic component of the program will begin in the fall semester of academic year 2008-2009. Fellows may participate in a nine, twelve, eighteen, or twenty-four month academic program leading to a Master's degree. Fellows also take part in an eight to twelve week internship during the summer following the first academic year, with an option for a second internship following the second year of study. At the end of their designated academic and/or internship programs, fellows are required to return immediately to their home countries. Applicant organizations must demonstrate the ability to administer all aspects of the Muskie Program—recruitment, selection, university placements, orientation, monitoring and support of FY 2008 fellows including all logistics, financial management, evaluation, follow-on, and alumni. Applicant organizations must demonstrate the ability to recruit and select a diverse pool of candidates from various geographic regions in Eurasia. The cooperating organization will serve as the principal liaison with Muskie Program host institutions for the Bureau. Further details on specific program responsibilities can be found in the Project Objectives, Goals, and Implementation (POGI), which is part of the formal solicitation package. Interested organizations should read the entire **Federal Register** announcement for all information prior to preparing proposals. The Bureau will award one cooperative agreement for this program. Should an applicant organization wish to work with other organizations in the implementation of this program, the Bureau requests that a sub-grant agreement be developed. The same requirements apply to the sub-grantee as to the grantee organization. In a cooperative agreement, the Office of Academic Exchange Programs, European and Eurasian Branch (ECA/E/E/EUR) is substantially involved in program activities above and beyond routine grant monitoring. ECA/A/E/EUR activities and responsibilities for this program are as follows: 1. Participating in the design and direction of program activities; 2. Approval of key personnel; 3. Approval and input for all program agendas and timelines; 4. Providing guidance in execution of all project components; 5. Monitoring the target goal for number of participants and expenditure of funds toward meeting that goal; 6. Providing guidance on content and speakers for workshops; 7. Assisting with SEVIS-related issues; 8. Assistance with participant emergencies; 9. Providing background information related to participants' home countries and cultures; 10. Providing liaison with Public Affairs Sections of the U.S. Embassies and country desk officers at the State Department; 11. Providing ECA evaluation mechanisms. II. Award Information *Type of Award:* Cooperative Agreement. ECA's level of involvement in this program is listed under number I above. *Fiscal Year Funds:* 2008. *Approximate Total Funding:* $8,500,000, pending availability of FY 2008 funds. *Approximate Number of Awards:* 1. *Ceiling of Award Range:* $8,500,000. *Anticipated Award Date:* Pending availability of funds, October 1, 2007. *Anticipated Project Completion Date:* 06/30/2011. *Additional Information:* Pending successful implementation of this program and the availability of funds in subsequent fiscal years, it is ECA's intent to renew this grant for two additional fiscal years, before openly competing it again. III. Eligibility Information III.1. Eligible Applicants Applications may be submitted by public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3). III.2. Cost Sharing or Matching Funds There is no minimum or maximum percentage required for this competition. However, the Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. When cost sharing is offered, it is understood and agreed that the applicant must provide the amount of cost sharing as stipulated in its proposal and later included in an approved grant agreement. Cost sharing may be in the form of allowable direct or indirect costs. For accountability, you must maintain written records to support all costs which are claimed as your contribution, as well as costs to be paid by the Federal Government. Such records are subject to audit. The basis for determining the value of cash and in-kind contributions must be in accordance with OMB Circular A-110, (Revised), Subpart C.23—Cost Sharing and Matching. In the event you do not provide the minimum amount of cost sharing as stipulated in the approved budget, ECA's contribution will be reduced in like proportion. III.3. Other Eligibility Requirements Bureau grant guidelines require that organizations with less than four years experience in conducting international exchanges be limited to $60,000 in Bureau funding. ECA anticipates awarding one grant, in an amount up to $8,500,000, to support program and administrative costs required to implement this exchange program. Therefore, organizations with less than four years experience in conducting international exchanges are ineligible to apply under this competition. The Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. IV. Application and Submission Information Note: Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. IV.1. Contact Information To Request an Application Package Please contact the Office of Academic Exchange Programs, ECA/A/E/EUR, Room 246, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547,
(202)453-8522, fax:
(202)453-8520, e-mail: *iovinems@state.gov* to request a Solicitation Package. Please refer to the Funding Opportunity Number *ECA/A/E/EUR-08-01* located at the top of this announcement when making your request. Alternatively, an electronic application package may be obtained from Grants.gov. Please see section IV.3f for further information. The Solicitation Package contains the Proposal Submission Instruction
(PSI)document which consists of required application forms, and standard guidelines for proposal preparation. It also contains the Project Objectives, Goals and Implementation
(POGI)document, which provides specific information, award criteria and budget instructions tailored to this competition. Please specify Bureau Program Manager Micaela Iovine and refer to the Funding Opportunity Number *ECA/A/E/EUR-08-01* located at the top of this announcement on all other inquiries and correspondence. IV.2. To Download a Solicitation Package Via Internet The entire Solicitation Package may be downloaded from the Bureau's Web site at *http://exchanges.state.gov/education/rfgps/menu.htm,* or from the Grants.gov Web site at *http://www.grants.gov.* Please read all information before downloading. IV.3. Content and Form of Submission Applicants must follow all instructions in the Solicitation Package. The application should be submitted per the instructions under IV.3f. “Application Deadline and Methods of Submission” section below. IV.3a. You are required to have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number to apply for a grant or cooperative agreement from the U.S. Government. This number is a nine-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access *http://www.dunandbradstreet.com* or call 1-866-705-5711. Please ensure that your DUNS number is included in the appropriate box of the SF-424 which is part of the formal application package. IV.3b. All proposals must contain an executive summary, proposal narrative and budget. Please Refer to the Solicitation Package. It contains the mandatory Proposal Submission Instructions
(PSI)document and the Project Objectives, Goals and Implementation
(POGI)document for additional formatting and technical requirements. IV.3c. You must have nonprofit status with the IRS at the time of application. If your organization is a private nonprofit which has not received a grant or cooperative agreement from ECA in the past three years, or if your organization received nonprofit status from the IRS within the past four years, you must submit the necessary documentation to verify nonprofit status as directed in the PSI document. Failure to do so will cause your proposal to be declared technically ineligible. IV.3d. Please take into consideration the following information when preparing your proposal narrative: IV.3d.1. Adherence to All Regulations Governing the J Visa. The Bureau of Educational and Cultural Affairs is placing renewed emphasis on the secure and proper administration of Exchange Visitor (J visa) Programs and adherence by grantees and sponsors to all regulations governing the J visa. Therefore, proposals should demonstrate the applicant's capacity to meet all requirements governing the administration of the Exchange Visitor Programs as set forth in 22 CFR Part 62, including the oversight of Responsible Officers and Alternate Responsible Officers, screening and selection of program participants, provision of pre-arrival information and orientation to participants, monitoring of participants, proper maintenance and security of forms, record-keeping, reporting and other requirements. The Grantee will be responsible for issuing DS-2019 forms to participants in this program. A copy of the complete regulations governing the administration of Exchange Visitor
(J)programs is available at *http://exchanges.state.gov* or from: United States Department of State, Office of Exchange Coordination and Designation, ECA/EC/ECD-SA-44, Room 734, 301 4th Street, SW., Washington, DC 20547, Telephone:
(202)203-5029, Fax:
(202)453-8640. Please refer to Solicitation Package for further information. IV.3d.2. Diversity, Freedom and Democracy Guidelines. Pursuant to the Bureau's authorizing legislation, programs must maintain a non-political character and should be balanced and representative of the diversity of American political, social, and cultural life. “Diversity” should be interpreted in the broadest sense and encompass differences including, but not limited to ethnicity, race, gender, religion, geographic location, socio-economic status, and disabilities. Applicants are strongly encouraged to adhere to the advancement of this principle both in program administration and in program content. Please refer to the review criteria under the “Support for Diversity” section for specific suggestions on incorporating diversity into your proposal. Public Law 104-319 provides that “in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy,” the Bureau “shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders of such countries.” Public Law 106-113 requires that the governments of the countries described above do not have inappropriate influence in the selection process. Proposals should reflect advancement of these goals in their program contents, to the full extent deemed feasible. IV.3d.3. Program Monitoring and Evaluation. Proposals must include a plan to monitor and evaluate the project's success, both as the activities unfold and at the end of the program. The Bureau recommends that your proposal include a draft survey questionnaire or other technique plus a description of a methodology to use to link outcomes to original project objectives. The Bureau expects that the grantee will track participants or partners and be able to respond to key evaluation questions, including satisfaction with the program, learning as a result of the program, changes in behavior as a result of the program, and effects of the program on institutions (institutions in which participants work or partner institutions). The evaluation plan should include indicators that measure gains in mutual understanding as well as substantive knowledge. Successful monitoring and evaluation depend heavily on setting clear goals and outcomes at the outset of a program. Your evaluation plan should include a description of your project's objectives, your anticipated project outcomes, and how and when you intend to measure these outcomes (performance indicators). The more that outcomes are “smart” (specific, measurable, attainable, results-oriented, and placed in a reasonable time frame), the easier it will be to conduct the evaluation. You should also show how your project objectives link to the goals of the program described in this RFGP. Your monitoring and evaluation plan should clearly distinguish between program outputs and outcomes. Outputs are products and services delivered, often stated as an amount. Output information is important to show the scope or size of project activities, but it cannot substitute for information about progress towards outcomes or the results achieved. Examples of outputs include the number of people trained or the number of seminars conducted. Outcomes, in contrast, represent specific results a project is intended to achieve and is usually measured as an extent of change. Findings on outputs and outcomes should both be reported, but the focus should be on outcomes. We encourage you to assess the following four levels of outcomes, as they relate to the program goals set out in the RFGP (listed here in increasing order of importance): 1. Participant satisfaction with the program and exchange experience. 2. Participant learning, such as increased knowledge, aptitude, skills, and changed understanding and attitude. Learning includes both substantive (subject-specific) learning and mutual understanding. 3. Participant behavior, concrete actions to apply knowledge in work or community; greater participation and responsibility in civic organizations; interpretation and explanation of experiences and new knowledge gained; continued contacts between participants, community members, and others. 4. Institutional changes, such as increased collaboration and partnerships, policy reforms, new programming, and organizational improvements. Please note: Consideration should be given to the appropriate timing of data collection for each level of outcome. For example, satisfaction is usually captured as a short-term outcome, whereas behavior and institutional changes are normally considered longer-term outcomes. Overall, the quality of your monitoring and evaluation plan will be judged on how well it
(1)specifies intended outcomes;
(2)gives clear descriptions of how each outcome will be measured;
(3)identifies when particular outcomes will be measured; and
(4)provides a clear description of the data collection strategies for each outcome (i.e., surveys, interviews, or focus groups). (Please note that evaluation plans that deal only with the first level of outcomes [satisfaction] will be deemed less competitive under the present evaluation criteria.) Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. IV.3e. Please take the following information into consideration when preparing your budget: IV.3e.1. Applicants must submit a comprehensive budget for the entire program. Awards may not exceed $8,500,000. There must be a summary budget as well as breakdowns reflecting both administrative and program budgets. Applicants may provide separate sub-budgets for each program component, phase, location, or activity to provide clarification. A comprehensive narrative must accompany the budget, clearly explaining all proposed costs (staff salaries and time on task must be supported by appropriate documentation and certified as true and accurate representations of actual costs and percentage of task). The Bureau encourages applicant organizations to provide maximum levels of cost sharing and funding from private sources in support of its programs. IV.3e.2. Allowable costs for the program include the following:
(1)Program Expenses
(2)Domestic Administration
(3)Overseas Administration Please refer to the Solicitation Package for complete budget guidelines and formatting instructions. IV.3f. Application Deadline and Methods of Submission: *Application Deadline Date:* 06/01/2007. *Reference Number:* ECA/A/E/EUR 08-01. *Methods of Submission:* Electronic and Hard Copy. *Applications may be submitted in one of two ways:*
(1)In hard-copy, via a nationally recognized overnight delivery service (i.e., DHL, Federal Express, UPS, Airborne Express, or U.S. Postal Service Express Overnight Mail, etc.), or
(2)electronically through *http://www.grants.gov.* Along with the Project Title, all applicants must enter the above Reference Number in Box 11 on the SF-424 contained in the mandatory Proposal Submission Instructions
(PSI)of the solicitation document. IV.3f.1. Submitting Printed Applications Applications must be shipped no later than the above deadline. Delivery services used by applicants must have in-place, centralized shipping identification and tracking systems that may be accessed via the Internet and delivery people who are identifiable by commonly recognized uniforms and delivery vehicles. Proposals shipped on or before the above deadline but received at ECA more than seven days after the deadline will be ineligible for further consideration under this competition. Proposals shipped after the established deadlines are ineligible for consideration under this competition. ECA will not notify you upon receipt of application. It is each applicant's responsibility to ensure that each package is marked with a legible tracking number and to monitor/confirm delivery to ECA via the Internet. Delivery of proposal packages may not be made via local courier service or in person for this competition. Faxed documents will not be accepted at any time. Only proposals submitted as stated above will be considered. Important Note: When preparing your submission please make sure to include one extra copy of the completed SF-424 form and place it in an envelope addressed to “ECA/EX/PM”. The original and eight copies of the application should be sent to: U.S. Department of State, SA-44, Bureau of Educational and Cultural Affairs, Ref.: ECA/A/E/EUR 08-01, Program Management, ECA/EX/PM, Room 534, 301 4th Street, SW., Washington, DC 20547. Applicants submitting hard-copy applications must also submit the “Executive Summary” and “Proposal Narrative” sections of the proposal in text (.txt) format on a PC-formatted disk. The Bureau will provide these files electronically to the appropriate Public Affairs Section(s) at the U.S. embassies for their review. IV.3f.2.—Submitting Electronic Applications Applicants have the option of submitting proposals electronically through Grants.gov ( *http://www.grants.gov* ). Complete solicitation packages are available at Grants.gov in the “Find” portion of the system. Please follow the instructions available in the “Get Started” portion of the site ( *http://www.grants.gov/GetStarted* ). Several of the steps in the Grants.gov registration process could take several weeks. Therefore, applicants should check with appropriate staff within their organizations immediately after reviewing this RFGP to confirm or determine their registration status with Grants.gov. Once registered, the amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your internet connection. Therefore, we strongly recommend that you not wait until the application deadline to begin the submission process through Grants.gov. Direct all questions regarding Grants.gov registration and submission to: Grants.gov Customer Support, Contact Center Phone: 800-518-4726, Business Hours: Monday-Friday, 7 a.m.-9 p.m. Eastern Time, E-mail: *support@grants.gov.* Applicants have until midnight (12 a.m.), Washington, DC time of the closing date to ensure that their entire application has been uploaded to the Grants.gov site. There are no exceptions to the above deadline. Applications uploaded to the site after midnight of the application deadline date will be automatically rejected by the grants.gov system, and will be technically ineligible. Applicants will receive a confirmation e-mail from grants.gov upon the successful submission of an application. ECA will not notify you upon receipt of electronic applications. It is the responsibility of all applicants submitting proposals via the Grants.gov web portal to ensure that proposals have been received by Grants.gov in their entirety, and ECA bears no responsibility for data errors resulting from transmission or conversion processes. Optional—IV.3f.3. You may also state here any limitations on the number of applications that an applicant may submit and make it clear whether the limitation is on the submitting organization, individual program director or both. IV.3g. Intergovernmental Review of Applications: Executive Order 12372 does not apply to this program. V. Application Review Information V.1. Review Process The Bureau will review all proposals for technical eligibility. Proposals will be deemed ineligible if they do not fully adhere to the guidelines stated herein and in the Solicitation Package. All eligible proposals will be reviewed by the program office, as well as the Public Diplomacy section overseas, where appropriate. Eligible proposals will be subject to compliance with Federal and Bureau regulations and guidelines and forwarded to Bureau grant panels for advisory review. Proposals may also be reviewed by the Office of the Legal Adviser or by other Department elements. Final funding decisions are at the discretion of the Department of State's Assistant Secretary for Educational and Cultural Affairs. Final technical authority for cooperative agreements resides with the Bureau's Grants Officer. Review Criteria Technically eligible applications will be competitively reviewed according to the criteria stated below. These criteria are not rank ordered and all carry equal weight in the proposal evaluation: 1. *Program Development and Management:* Proposals should exhibit originality, substance, precision, and relevance to the Bureau's mission. Objectives should be reasonable, feasible, and flexible. Detailed agenda and relevant work plan should demonstrate substantive undertakings and logistical capacity. Agenda and plan should adhere to the program overview and guidelines described above. Proposals should clearly demonstrate how the institution will meet the program's objectives and plan. 2. *Multiplier Effect/Impact:* Proposed programs should strengthen long-term mutual understanding, including maximum sharing of information and establishment of long-term institutional and individual linkages. 3. *Support of Diversity:* Proposals should demonstrate substantive support of the Bureau's policy on diversity. Achievable and relevant features should be cited in both program administration (selection of participants, program venue and program evaluation) and program content (orientation and wrap-up sessions, program meetings, resource materials and follow-up activities). 4. *Institutional Capacity and Record:* Proposed personnel and institutional resources should be adequate and appropriate to achieve the program or project's goals. Proposals should demonstrate an institutional record of successful exchange programs, including responsible fiscal management and full compliance with all reporting requirements for past Bureau grants as determined by Bureau Grants Staff. The Bureau will consider the past performance of prior recipients and the demonstrated potential of new applicants. 5. *Project Evaluation:* Proposals should include a plan to evaluate the activity's success, both as the activities unfold and at the end of the program. A draft survey questionnaire or other technique plus description of a methodology used to link outcomes to original project objectives is recommended. 6. *Cost-effectiveness:* The overhead and administrative components of the proposal, including salaries and honoraria, should be kept as low as possible. All other items should be necessary and appropriate. Proposals should maximize cost-sharing through other private sector support as well as institutional direct funding contributions. VI. Award Administration Information VI.1a. Award Notices Final awards cannot be made until funds have been appropriated by Congress, allocated and committed through internal Bureau procedures. Successful applicants will receive an Assistance Award Document
(AAD)from the Bureau's Grants Office. The AAD and the original grant proposal with subsequent modifications (if applicable) shall be the only binding authorizing document between the recipient and the U.S. Government. The AAD will be signed by an authorized Grants Officer, and mailed to the recipient's responsible officer identified in the application. Unsuccessful applicants will receive notification of the results of the application review from the ECA program office coordinating this competition. VI.2 Administrative and National Policy Requirements Terms and Conditions for the Administration of ECA agreements include the following: Office of Management and Budget Circular A-122, “Cost Principles for Nonprofit Organizations.” Office of Management and Budget Circular A-21, “Cost Principles for Educational Institutions.” OMB Circular A-87, “Cost Principles for State, Local and Indian Governments.” OMB Circular No. A-110 (Revised), Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations. OMB Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments. OMB Circular No. A-133, Audits of States, Local Government, and Non-profit Organizations. Please reference the following Web sites for additional information: *http://www.whitehouse.gov/omb/grants.* *http://exchanges.state.gov/education/grantsdiv/terms.htm#articleI.* VI.3. Reporting Requirements You must provide ECA with a hard copy original plus one copy of the following reports:
(1)A final program and financial report no more than 90 days after the expiration of the award;
(2)10 interim reports for the Muskie Graduate Fellowship Program. Financial reports must adhere to the quarterly reporting requirements mandated by Congress and be submitted quarterly. Please note that all program and financial reports should be sent to the Grants Division. Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. (Please refer to IV. Application and Submission Instructions (IV.3.d.3) above for Program Monitoring and Evaluation information. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. All reports must be sent to the ECA Grants Officer and ECA Program Officer listed in the final assistance award document. Program Data Requirements Organizations awarded grants will be required to maintain specific data on program participants and activities in an electronically accessible database format that can be shared with the Bureau as required. As a minimum, the data must include the following:
(1)Name, address, contact information and biographic sketch of all persons who travel internationally on funds provided by the grant or who benefit from the grant funding but do not travel.
(2)Itineraries of international and domestic travel, providing dates of travel and cities in which any exchange experiences take place. Final schedules for in-country and U.S. activities must be received by the ECA Program Officer at least three work days prior to the official opening of the activity. VII. Agency Contacts For questions about this announcement contact: Program Manager Micaela Iovine, Office of Academic Exchange Programs, ECA/A/E/EUR, Room 246, Reference Number: ECA/A/E/EUR-08-01, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547,
(202)453-8522, fax:
(202)453-8520, e-mail: *iovinems@state.gov.* All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/A/E/EUR-08-01. Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. VIII. Other Information Notice The terms and conditions published in this RFGP are binding and may not be modified by any Bureau representative. Explanatory information provided by the Bureau that contradicts published language will not be binding. Issuance of the RFGP does not constitute an award commitment on the part of the Government. The Bureau reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program and the availability of funds. Awards made will be subject to periodic reporting and evaluation requirements per section VI.3 above. Dated: March 27, 2007. Dina Habib Powell, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E7-6360 Filed 4-4-07; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5744] Bureau of Educational and Cultural Affairs
(ECA)Request for Grant Proposals: Fulbright Program Offices, Russia, and Kyiv, Ukraine *Announcement Type:* New Grant. *Funding Opportunity Number:* ECA/A/E/EUR-08-02. *Catalog of Federal Domestic Assistance Number:* 00.000. *Application Deadline:* Friday, June 1, 2007. *Executive Summary:* The Office of Academic Exchange Programs of the Bureau of Educational and Cultural Affairs
(ECA)announces an open competition for organizations to serve as the fiscal disbursing agent and to provide administrative support for the Fulbright Program Offices in Moscow, Russia, and in Kyiv, Ukraine. Public and private non-profit organizations meeting the provisions described in IRS regulation 26 CFR 1.501(c) may submit proposals to provide these services to one or both Offices (Moscow and/or Kyiv). A separate proposal must be submitted for each country's office, *i.e.* , organizations that apply for both the Moscow and Kyiv Offices must submit two discrete proposals for addressing the particular budgetary guidelines and any other country-specific requirements for each Office outlined in the RFGP. I. Funding Opportunity Description Authority Overall grant making authority for this program is contained in the Mutual Educational and Cultural Exchange Act of 1961, Public Law 87-256, as amended, also known as the Fulbright-Hays Act. The purpose of the Act is “to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries * * *; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations * * * and thus to assist in the development of friendly, sympathetic and peaceful relations between the United States and the other countries of the world.” The funding authority for the program above is provided through legislation. Overview The Fulbright Program Offices are responsible for the overseas management of ECA's Fulbright Program and other ECA educational exchange programs, which includes recruitment of visiting Fulbright students and scholars, placement and logistical support for U.S. Fulbright scholars and students located in Russia and Ukraine. ECA and the U.S. Embassy Public Affairs Sections
(PAS)in Russia and Ukraine have full authority over all program operations, policy issues, and the selection and supervision of the Directors of the Fulbright Offices (who are U.S. citizens) and their staffs. Administration of the Russian and Ukraine Fulbright Programs is the responsibility of the Fulbright Program Office staff in their respective country. Due to legal constraints and logistical obstacles, the U.S. Government is unable to provide operating funds directly to the Fulbright Offices in Russia and Ukraine. Thus, through this RFGP, ECA requests the services of a recipient organization to be responsible for disbursing U.S. Government funds in support of the activities of the Offices. This includes, but is not limited to, guaranteeing that rent and staff salaries are paid in a timely manner, providing funds for program activities and office supplies, maintaining a legal status in Russia and/or Ukraine and providing administrative services in order to ensure the smooth and continued operations of the Fulbright Program Offices. The specific duties of the ECA recipient organization requested in the RFGP are outlined below. Purpose The grantee organization will be responsible for the following: 1. Performing all legal requirements necessary to maintain the office space, staffing, and program activities of the Fulbright Program Offices in Moscow and/or Kyiv. 2. Demonstrating the ability, in terms of an accounting staff knowledgeable in Russian and/or Ukrainian law, to be able to provide the Fulbright Program Office with cash (dollars and/or rubles and/or hryvna) and/or pay bills directly. 3. Providing proof of legal status/registration as well as evidence of the ability to handle a wide range of payments in Russia and/or Ukraine and in the United States. 4. Oversight of a modest operating budget for the Fulbright Program Offices, including advancing budget funds to the Offices for programmatic as well as administrative activities. The grantee organization will not have oversight of Fulbright grant monies designated for students and scholars. 5. Payment of salaries and benefits—including housing allowances—for the American Director of the Fulbright Program Offices in Russia and/or Kyiv. The Directors' salaries will be determined by PAS and ECA. 6. Payment of salaries and benefits for local staff. Local staff salaries will be determined by PAS and ECA. 7. Assisting PAS and ECA in the recruitment of Fulbright Program Offices staff when vacancies occur. Final decisions on hiring will be made by PAS and ECA. 8. Consulting and cooperation, on administrative matters, with the U.S.-based organizations responsible for the administration of the Fulbright Program in the United States. Programs must comply with J-1 visa regulations. Please refer to the Solicitation Package for further information. Budget Guidelines Applicants must submit comprehensive budgets with each proposal. Awards may not exceed $920,150 for the Moscow Office (or $975,590 should it become necessary to cover higher rent or a move to new office space); and $572,000 for the Kyiv Office. For the Moscow Office applicants, the budget submission should be based on the lower figure only. The budget must include all costs and indicate the percentage of time required for each activity for all program staff, charged to each specific project. The budget should also include any cost sharing in the form of allowable direct or indirect costs or in-kind or cash contributions. The total of any administrative pass-through charges of the grantee organization, including indirect costs or fees, should be approximately 15 percent of the total budget. As with other exchange programs, ECA is committed to containment of costs consistent with overall program objectives and sound management. Grant-funded items of expenditures may include but are not limited to the categories below. Applicant organizations are encouraged to note in their program budgets and narratives areas in which economies beyond ECA-allowable costs can be achieved. Program costs may include but are not limited to:
(1)Program advertising and recruitment costs.
(2)Selection committee honoraria.
(3)Semi-finalist travel expenses for interviews in Moscow and/or Kyiv.
(4)Institutional TOEFL for Fulbright semi-finalists.
(5)Room rental fees for interviews and Institutional TOEFL.
(6)Recruitment travel in Russia and/or Ukraine by program staff, including per diem.
(7)Domestic travel for semi-finalists.
(8)Pre-departure orientation costs.
(9)Costs for two Russia Fulbright summer schools organized by the Moscow Fulbright Office.
(10)Alumni programming and tracking.
(11)Program evaluation. Administrative costs may include but are not limited to:
(1)Russian/Ukrainian visas for Fulbright Director.
(2)Staff salaries and benefits, including housing allowance, for Fulbright Director.
(3)Rent and utilities for Moscow/Kyiv offices.
(4)Internet (e-mail, Web site support) and communications ( *e.g.* , fax, telephone, postage).
(5)Office supplies.
(6)Shipment of materials from Russia/Ukraine to the United States.
(7)Round-trip travel for home leave for the Fulbright Director to the United States (via American carrier).
(8)Administration of tax withholding as required by U.S. Federal, State and local authorities and in accordance with relevant tax treaties.
(9)A-135 audit fees. A clear and cogent narrative must accompany the budget to explain and justify each line item. Please refer to the Proposal Submission Instructions
(PSI)in the Solicitation Package for complete budget guidelines and formatting instructions. In addition, the budget narrative should indicate how the applicant organization will monitor and track expenditures for the duration of the grant to avoid under or over expenditures. II. Award Information *Type of Award:* Grant Agreement. ECA's level of involvement in this program is listed under number I above. *Fiscal Year Funds:* FY2008, pending availability of funds. *Approximate Total Funding:* $920,150 (or $975,590 should a move to new office space become necessary) for the Moscow Office and $572,000 for the Kyiv Office, pending availability of funds. *Approximate Number of Awards:* Two. *Anticipated Award Date:* Pending availability of funds (Proposed award date: October 1, 2007). *Additional Information:* Pending successful implementation of this program and the availability of funds in subsequent fiscal years, it is ECA's intent to renew this grant for two additional fiscal years, before openly competing it again. III. Eligibility Information: III.1. *Eligible applicants:* Applications may be submitted by public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3). III.2. Cost Sharing or Matching Funds: There is no minimum or maximum percentage required for this competition. However, the Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. When cost sharing is offered, it is understood and agreed that the applicant must provide the amount of cost sharing as stipulated in its proposal and later included in an approved grant agreement. Cost sharing may be in the form of allowable direct or indirect costs. For accountability, you must maintain written records to support all costs which are claimed as your contribution, as well as costs to be paid by the Federal government. Such records are subject to audit. The basis for determining the value of cash and in-kind contributions must be in accordance with OMB Circular A-110, (Revised), Subpart C.23—Cost Sharing and Matching. In the event you do not provide the minimum amount of cost sharing as stipulated in the approved budget, ECA's contribution will be reduced in like proportion. III.3. *Other Eligibility Requirements:*
(a)Bureau grant guidelines require that organizations with fewer than four years of experience in conducting international exchange programs be limited to $60,000 in Bureau funding. Therefore, organizations with fewer than four years experience in conducting international exchanges are ineligible to apply under this competition.
(b)Technical Eligibility: All proposals must comply with the following: proposals must demonstrate the applicant's capacity to meet all requirements governing the administration of Exchange Visitor (J visa) programs as set forth in 22 CFR 6Z, including the oversight of Responsible Officers and Alternate Responsible Officers, screening and selection of program participants, provision of pre-arrival information and orientation to participants, monitoring of participants, proper maintenance and security of forms, record-keeping, reporting and other requirements, or they will result in your proposal being declared technically ineligible and given no further consideration in the review process. The U.S.-based organization responsible for the administration of the Fulbright Program in the United States will be responsible for issuing DS-2019 forms to participants in this program. IV. Application and Submission Information Note: Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. IV.1. Contact Information to Request an Application Package Please contact the Office of Academic Exchange Programs, ECA/A/E/EUR, SA-44, Room 246, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547,
(202)453-8522; fax
(202)453-8520, or E-mail *IovineMS@state.gov* to request a Solicitation Package. Please specify Bureau Program Officer Micaela S. Iovine on all inquiries and correspondence and refer to the Funding Opportunity Number (ECA/A/E/EUR 08-02) located at the top of this announcement when making your request. Alternatively, an electronic application package may be obtained from grants.gov. Please see section IV.2 for further information. The Solicitation Package contains the Proposal Submission Instruction
(PSI)document, which consists of required application forms, standard guidelines for proposal preparation, award criteria and budget instructions tailored to this competition. IV.2. To Download a Solicitation Package Via Internet The entire Solicitation Package may be downloaded from the Bureau's Web site at *http://exchanges.state.gov/education/rfgps/menu.htm* , or from the Grants.gov Web site at *http://www.grants.gov.* Please read all information before downloading. IV.3. Content and Form of Submission Applicants must follow all instructions in the Solicitation Package. The application should be submitted per the instructions under section IV.3e. “Application Deadline and Methods of Submission” below. IV.3a. Applicants are required to have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number to apply for a grant or cooperative agreement from the U.S. Government. This number is a nine-digit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access *http://www.dunandbradstreet.com* or call 1-866-705-5711. Please ensure that your DUNS number is included in the appropriate box of the SF-424 which is part of the formal application package. IV.3b. All proposals must contain an executive summary, proposal narrative and budget. Please Refer to the Solicitation Package. It contains the mandatory Proposal Submission Instructions
(PSI)document for additional formatting and technical requirements and the Project Objectives, Goals and Implementation
(POGI)document. IV.3c. Applicants must have nonprofit status with the IRS at the time of application. If your organization is a private nonprofit that has not received a grant or cooperative agreement from ECA in the past three years, or if your organization received nonprofit status from the IRS within the past four years, you must submit the necessary documentation to verify nonprofit status as directed in the PSI document. Failure to do so will cause your proposal to be declared technically ineligible. IV.3d. Please take into consideration the following information when preparing your proposal narrative: IV.3d.1 Adherence to All Regulations Governing the J Visa The Bureau of Educational and Cultural Affairs is placing renewed emphasis on the secure and proper administration of Exchange Visitor (J visa) Programs and adherence by grantees and sponsors to all regulations governing the J visa. Therefore, proposals should demonstrate the applicant's capacity to meet all requirements governing the administration of the Exchange Visitor Programs as set forth in 22 CFR 62, including the oversight of Responsible Officers and Alternate Responsible Officers, screening and selection of program participants, provision of pre-arrival information and orientation to participants, monitoring of participants, proper maintenance and security of forms, record-keeping, reporting and other requirements. The U.S.-based organization responsible for the administration of the Fulbright Program in the United States will be responsible for issuing DS-2019 forms to participants in this program. A copy of the complete regulations governing the administration of Exchange Visitor
(J)programs is available at *http://exchanges.state.gov* or from: United States Department of State, Office of Exchange Coordination and Designation, ECA/EC/ECD-SA-44, Room 734, 301 4th Street, SW., Washington, DC 20547, Telephone:
(202)203-5029, Fax:
(202)453-8640. Please refer to Solicitation Package for further information. IV.3d.2 Diversity, Freedom and Democracy Guidelines Pursuant to the Bureau's authorizing legislation, programs must maintain a non-political character and should be balanced and representative of the diversity of American political, social, and cultural life. “Diversity” should be interpreted in the broadest sense and encompass differences including, but not limited to ethnicity, race, gender, religion, geographic location, socio-economic status, and disabilities. Applicants are strongly encouraged to adhere to the advancement of this principle both in program administration and in program content. Please refer to the review criteria under the “Support for Diversity” section for specific suggestions on incorporating diversity into your proposal. Public Law 104-319 provides that “in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy,” the Bureau “shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders of such countries.” Public Law 106-113 requires that the governments of the countries described above do not have inappropriate influence in the selection process. Proposals should reflect advancement of these goals in their program contents, to the full extent deemed feasible. IV.3e Application Deadline and Methods of Submission *Application Deadline Date:* June 1, 2007. *Reference Number:* ECA/A/E/EUR-08-02. *Methods of Submission:* Applications may be submitted in one of two ways:
(1)In hard-copy, via a nationally recognized overnight delivery service ( *i.e.* , DHL, Federal Express, UPS, Airborne Express, or U.S. Postal Service Express Overnight Mail, etc.), or
(2)Electronically through *http://www.grants.gov.* Along with the Project Title, all applicants must enter the above Reference Number in Box 11 on the SF-424 contained in the mandatory Proposal Submission Instructions
(PSI)of the solicitation document. IV.3e.1 Submitting Printed Applications Applications must be shipped no later than the above deadline. Delivery services used by applicants must have in-place, centralized shipping identification and tracking systems that may be accessed via the Internet and delivery people who are identifiable by commonly recognized uniforms and delivery vehicles. Proposals shipped on or before the above deadline but received at ECA more than seven days after the deadline will be ineligible for further consideration under this competition. Proposals shipped after the established deadlines are ineligible for consideration under this competition. ECA will *not* notify you upon receipt of application. It is each applicant's responsibility to ensure that each package is marked with a legible tracking number and to monitor/confirm delivery to ECA via the Internet. Delivery of proposal packages *may not* be made via local courier service or in person for this competition. Faxed documents will not be accepted at any time. Only proposals submitted as stated above will be considered. Important note: When preparing your submission please make sure to include one extra copy of the completed SF-424 form and place it in an envelope addressed to “ECA/EX/PM.” The original and eight
(8)copies of the application should be sent to: U.S. Department of State, SA-44, Bureau of Educational and Cultural Affairs, Ref.: ECA/A/E/EUR-08-02, Program Management, ECA/EX/PM, Room 534, 301 4th Street, SW., Washington, DC 20547. IV.3e.2 Submitting Electronic Applications Applicants have the option of submitting proposals electronically through Grants.gov ( *http://www.grants.gov* ). Complete solicitation packages are available at Grants.gov in the “Find” portion of the system. Please follow the instructions available in the “Get Started” portion of the site ( *http://www.grants.gov/GetStarted* ). Several of the steps in the Grants.gov registration process could take several weeks. Therefore, applicants should check with appropriate staff within their organizations immediately after reviewing this RFGP to confirm or determine their registration status with Grants.gov. Once registered, the amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your internet connection. Therefore, we strongly recommend that you not wait until the application deadline to begin the submission process through Grants.gov. Direct all questions regarding Grants.gov registration and submission to: Grants.gov Customer Support, *Contact Center Phone:* 800-518-4726. *Business Hours:* Monday-Friday, 7 a.m.-9 p.m. Eastern Time. *E-mail: support@grants.gov.* Applicants have until midnight (12 a.m.), Washington, DC, time of the closing date to ensure that their entire application has been uploaded to the Grants.gov site. There are no exceptions to the above deadline. Applications uploaded to the site after midnight of the application deadline date will be automatically rejected by the grants.gov system, and will be technically ineligible. Applicants will receive a confirmation e-mail from grants.gov upon the successful submission of an application. ECA will *not* notify you upon receipt of electronic applications. It is the responsibility of all applicants submitting proposals via the Grants.gov web portal to ensure that proposals have been received by Grants.gov in their entirety, and ECA bears no responsibility for data errors resulting from transmission or conversion processes. IV.3f. Intergovernmental Review of Applications: Executive Order 12372 does not apply to this program. V. Application Review Information V.1. Review Process The Bureau will review all proposals for technical eligibility. Proposals will be deemed ineligible if they do not fully adhere to the guidelines stated herein and in the Solicitation Package. All eligible proposals will be reviewed by the program office, as well as the Public Diplomacy section overseas, where appropriate. Eligible proposals will be subject to compliance with Federal and Bureau regulations and guidelines and forwarded to Bureau grant panels for advisory review. Proposals may also be reviewed by the Office of the Legal Adviser or by other Department elements. Final funding decisions are at the discretion of the Department of State Assistant Secretary for Educational and Cultural Affairs. Final technical authority for assistance awards grants resides with the Bureau's Grants Officer. Review Criteria Technically eligible applications will be competitively reviewed according to the criteria stated below. These criteria are not rank ordered and all carry equal weight in the proposal evaluation: 1. *Program Planning:* Proposals should clearly demonstrate how the organization will meet the program's objectives and plan. Detailed agenda and relevant work plan should demonstrate substantive undertakings and logistical capacity. Agenda and plan should adhere to the program overview and guidelines described above. 2. *Institutional Capacity:* Proposed personnel and institutional resources should be adequate and appropriate to achieve the program's goals. 3. *Support of Diversity:* Proposals should demonstrate substantive support of the Bureau's policy on diversity. 4. *Institution's Record/Ability:* Proposals should demonstrate an institutional record of successful exchange program administration, particularly responsible fiscal management, and full compliance with all reporting requirements for any past Bureau grants as determined by Bureau Grants Staff. The Bureau will consider the past performance of prior recipients and the demonstrated potential of new applicants. 5. *Project Evaluation:* Proposals should include a plan to evaluate the success of the fiduciary arrangement and make recommendations for improving the process in the future. 6. *Cost-effectiveness/cost-sharing:* The overhead and administrative components of the proposal, including salaries, should be kept as low as possible. All other items should be necessary and appropriate. VI. Award Administration Information VI.1. Award Notices Final awards cannot be made until funds have been appropriated by Congress, allocated and committed through internal Bureau procedures. Successful applicants will receive an Assistance Award Document
(AAD)from the Bureau's Grants Office. The AAD and the original grant proposal with subsequent modifications (if applicable) shall be the only binding authorizing document between the recipient and the U.S. Government. The AAD will be signed by an authorized Grants Officer, and mailed to the recipient's responsible officer identified in the application. Unsuccessful applicants will receive notification of the results of the application review from the ECA program office coordinating this competition. VI.2. Administrative and National Policy Requirements Terms and Conditions for the Administration of ECA agreements include the following: Office of Management and Budget Circular A-122, “Cost Principles for Nonprofit Organizations.” Office of Management and Budget Circular A-21, “Cost Principles for Educational Institutions.” OMB Circular A-87, “Cost Principles for State, Local and Indian Governments.” OMB Circular No. A-110 (Revised), “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations.” OMB Circular No. A-102, “Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments.” OMB Circular No. A-133, “Audits of States, Local Government, and Non-profit Organizations.” Please reference the following Web sites for additional information: *http://www.whitehouse.gov/omb/grants. http://exchanges.state.gov/education/grantsdiv/terms.htm#articleI.* VI.3. Reporting Requirements The grantee must provide ECA with a hard copy original plus two copies of the following reports:
(1)A final financial report no more than 90 days after the expiration of the award;
(2)Quarterly financial reports that should show the disposition of funds for purposes as required in the grant. All reports must be sent to the ECA Grants Officer and ECA Program Officer listed in the final assistance award document. VII. Agency Contacts For questions about this announcement, contact: Micaela S. Iovine, Office of Academic Exchange Programs, ECA/A/E/EUR, Room 246, ECA/A/E/EUR-08-02 U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, tel.
(202)453-8522; fax (202)453-8520, *IovineMS@state.gov.* All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/A/E/EUR-08-02. VIII. Other Information Notice The terms and conditions published in this RFGP are binding and may not be modified by any Bureau representative. Explanatory information provided by the Bureau that contradicts published language will not be binding. Issuance of the RFGP does not constitute an award commitment on the part of the Government. The Bureau reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program and the availability of funds. Awards made will be subject to periodic reporting and evaluation requirements per section VI.3 above. Dated: March 29, 2007. Dina Habib Powell, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E7-6359 Filed 4-4-07; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5746] Bureau of Educational and Cultural Affairs
(ECA)Request for Grant Proposals: Youth Leadership Program with Rwanda and Kenya *Announcement Type:* New Grant. *Funding Opportunity Number:* ECA/PE/C/PY-07-39. *Catalog of Federal Domestic Assistance Number:* 00.000. *Application Deadline:* May 31, 2007. *Executive Summary:* The Office of Citizen Exchanges, Youth Programs Division, of the Bureau of Educational and Cultural Affairs announces an open competition for two projects, one with Rwanda and one with Kenya, under the Youth Leadership Program. Public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to conduct a three- to four-week U.S.-based project for secondary school students and teachers from Rwanda or from Kenya. The project activities will focus on civic education, leadership, diversity, and community activism. I. Funding Opportunity Description Authority Overall grant making authority for this program is contained in the Mutual Educational and Cultural Exchange Act of 1961, as amended, Public Law 87-256, also known as the Fulbright-Hays Act. The purpose of the Act is “to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries * * *; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations * * * and thus to assist in the development of friendly, sympathetic, and peaceful relations between the United States and the other countries of the world.” The funding authority for the program above is provided through legislation. Overview With this new Youth Leadership Program, the Bureau of Educational and Cultural Affairs
(ECA)plans to support two separate exchange projects, one with Kenya and one with Rwanda, in late 2007. Each three- to four-week long project will enable 18 teenagers (ages 15-17) and three adult educators from one of the two countries to participate in an intensive exchange in the United States designed and implemented by the grant recipient organizations. The U.S. Embassies in Nairobi and Kigali will recruit, screen, and select the participants. These projects are designed to promote high-quality leadership, civic responsibility, and civic activism among our countries' future leaders. The projects will offer a practical examination of the principles of democracy and civil society as practiced in the United States and provide participants with training that allows them to develop their leadership skills. Participants will be engaged in a variety of activities such as workshops, community and/or school-based programs, seminars, and other activities that are designed to achieve the projects' stated goals and objectives. Participants will live with American families for most of the exchange period. Multiple opportunities for participants to interact with American youth and educators must be included. The goals of the program are:
(1)To promote mutual understanding between the people of the United States and the people of Kenya and of Rwanda;
(2)To develop a sense of civic responsibility and commitment to community development among youth;
(3)To develop leadership skills among secondary school students appropriate to their needs;
(4)To foster relationships among youth from different ethnic, religious, and national groups. A successful project will be one that nurtures a cadre of students and teachers to be actively engaged in addressing issues of concern in their schools and communities upon their return home and that equips them with the knowledge, skills, and confidence to become citizen activists. The Bureau anticipates providing two grants to support two discrete projects, one for each country and each funded at approximately $95,000. [Note that this funding does not include international airfare for the exchange participants.] Organizations may submit only one proposal, for either Rwanda or Kenya. The two projects will be judged independently and proposals will be compared only to proposals for the same country. ECA intends to award only one grant for each project. Project A: Rwanda Applicants should propose a three- to four-week U.S. program between the second week of November and mid-December 2007. Funding for this grant is approximately $95,000. Project B: Kenya Applicants should propose a three- to four-week U.S. program in December 2007. Funding for this grant is approximately $95,000. Applicants should outline their capacity for doing projects of this nature, focusing on three areas of competency:
(1)Provision of leadership and civic education programming,
(2)age-appropriate programming for youth, and
(3)previous experience working with exchange participants from Africa. Applicants need not have a partner in Kenya or Rwanda, as the staff of the Public Affairs Section
(PAS)of the U.S. Embassies in Nairobi and Kigali will recruit and select the participants and provide a pre-departure orientation. Guidelines The grants will begin on or about September 1, 2007. The grant period will be approximately 8 to 12 months in duration, as appropriate for the applicant's program design. The U.S. project activities should take place during a school break in the partner country; the time frames are noted above for each country. Applicants should propose the period of the exchange, but the exact timing of the project may be altered through the mutual agreement of the Department of State and the grant recipient. The program should be no less than three weeks (21 days) and up to four weeks (28 days) in duration. The delegation from each country is expected to be 21 secondary school students and educators. The total number of participants in a delegation is subject to change. The 18 students will be between the ages of 15 and 18, will have demonstrated leadership abilities in their schools and/or communities, and will be high academic achievers. The three educators will be high school teachers, or possibly community leaders who work with youth, who have demonstrated an interest in promoting youth leadership. Participants will be proficient in the English language. In pursuit of the goals outlined above, the program arrangements will include the following: • A welcome orientation. • The design and planning of activities that provide a substantive program on civic education, community activism, respect for diversity, constructive debate and dialogue, and leadership through both academic and extracurricular components. The program will take place in Washington, DC, and in one or two other communities. Activities should take place in schools as much as possible and in the community. Community service and computer training will also be included. It is crucial that programming involve American students whenever possible. • Opportunities for the educators to work with their American peers to help them foster youth leadership, civic education, and community service programs at home. • Logistical arrangements, homestays, disbursement of stipends/per diem, local travel, and travel between sites. • A closing session to summarize the project activities and prepare participants for their return home. • Support of follow-on activities in Kenya or Rwanda after the participants have returned home designed to reinforce values and skills imparted during the U.S. program. U.S. project staff or trainers will travel to the partner country several months after the exchange. Proposals must demonstrate how the stated objectives will be met. The proposal narrative must provide detailed information on the major program activities, and applicants should explain and justify their programmatic choices. Programs must comply with J-1 visa regulations for the International Visitor and Government Visitor categories. Please be sure to refer to the complete Solicitation Package—this Request for Grant Proposals (RFGP), the Project Objectives, Goals, and Implementation (POGI), and the Proposal Submission Instructions (PSI)—for further information. II. Award Information *Type of Award:* Grant Agreement. *Fiscal Year Funds:* 2007. *Approximate Total Funding:* $190,000. *Approximate Number of Awards:* Two. *Floor of Award Range:* $95,000. *Ceiling of Award Range:* $95,000. *Anticipated Award Date:* September 1, 2007. *Anticipated Project Completion Date:* 8-12 months after start date, to be specified by applicant based on project plan. *Additional Information:* Pending successful implementation of these projects and the availability of funds in subsequent fiscal years, it is ECA's intent to renew these grants for two additional fiscal years before openly competing them again. III. Eligibility Information III.1. Eligible Applicants Applications may be submitted by public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3). III.2. Cost Sharing or Matching Funds There is no minimum or maximum percentage required for this competition. However, the Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. When cost sharing is offered, it is understood and agreed that the applicant must provide the amount of cost sharing as stipulated in its proposal and later included in an approved grant agreement. Cost sharing may be in the form of allowable direct or indirect costs. For accountability, you must maintain written records to support all costs that are claimed as your contribution, as well as costs to be paid by the Federal Government. Such records are subject to audit. The basis for determining the value of cash and in-kind contributions must be in accordance with OMB Circular A-110, (Revised), Subpart C.23—Cost Sharing and Matching. In the event you do not provide the minimum amount of cost sharing as stipulated in the approved budget, ECA's contribution will be reduced in like proportion. III.3. Other Eligibility Requirements
(a)Bureau grant guidelines require that organizations with less than four years experience in conducting international exchanges be limited to $60,000 in Bureau funding. ECA anticipates awarding two grants in amounts of approximately $95,000 each to support program and administrative costs required to implement this exchange program. Therefore, organizations with less than four years experience in conducting international exchanges are not eligible to apply under this competition. The Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. *(b) Technical Eligibility:* Applicants may submit only one proposal in response to this RFGP that proposes to provide a program for either Kenya or Rwanda. Organizations that submit more than one proposal will result in having all of their proposals declared technically ineligible, and none of the submissions will be reviewed by a State Department panel. IV. Application and Submission Information Note: Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. IV.1. Contact Information To Request an Application Package Please contact the Youth Programs Division (ECA/PE/C/PY), Room 568, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, Telephone
(202)203-7505, Fax
(202)203-7529, E-mail: *LantzCS@state.gov* to request a Solicitation Package. Please refer to the Funding Opportunity Number (ECA/PE/C/PY-07-39) located at the top of this announcement when making your request. Alternatively, an electronic application package may be obtained from Grants.gov. Please see section IV.3f for further information. The Solicitation Package contains the Proposal Submission Instruction
(PSI)document, which consists of required application forms and standard guidelines for proposal preparation. It also contains the Project Objectives, Goals and Implementation
(POGI)document, which provides specific information, award criteria, and budget instructions tailored to this competition. Please specify Bureau Program Officer Carolyn Lantz and refer to the Funding Opportunity Number located at the top of this announcement on all other inquiries and correspondence. IV.2. To Download a Solicitation Package Via Internet The entire Solicitation Package may be downloaded from the Bureau's Web site at *http://exchanges.state.gov/education/rfgps/menu.htm* , or from the Grants.gov Web site at *http://www.grants.gov* . Please read all information before downloading. IV.3. Content and Form of Submission Applicants must follow all instructions in the Solicitation Package. The application should be submitted per the instructions under IV.3f. “Application Deadline and Methods of Submission” section below. IV.3a. You are required to have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number to apply for a grant or cooperative agreement from the U.S. Government. This number is a nine-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access *http://www.dunandbradstreet.com* or call 1-866-705-5711. Please ensure that your DUNS number is included in the appropriate box of the SF-424 form that is part of the formal application package. IV.3b. All proposals must contain an executive summary, proposal narrative and budget. Please refer to the Solicitation Package. It contains the mandatory PSI document and the POGI document for additional formatting and technical requirements. IV.3c. You must have nonprofit status with the IRS at the time of application. If your organization is a private nonprofit which has not received a grant or cooperative agreement from ECA in the past three years, or if your organization received nonprofit status from the IRS within the past four years, you must submit the necessary documentation to verify nonprofit status as directed in the PSI document. Failure to do so will cause your proposal to be declared technically ineligible. IV.3d. Please take into consideration the following information when preparing your proposal narrative: IV.3d.1. Adherence to All Regulations Governing the J Visa. The Office of Citizen Exchanges of the Bureau of Educational and Cultural Affairs is the official program sponsor of the exchange program covered by this RFGP, and an employee of the Bureau will be the Responsible Officer for the program under the terms of 22 CFR 62, which covers the administration of the Exchange Visitor Program (J visa program). Under the terms of 22 CFR 62, organizations receiving grants under this RFGP will be third parties “cooperating with or assisting the sponsor in the conduct of the sponsor's program.” The actions of grantee program organizations shall be “imputed to the sponsor in evaluating the sponsor's compliance with” 22 CFR 62. Therefore, the Bureau expects that any organization receiving a grant under this competition will render all assistance necessary to enable the Bureau to fully comply with 22 CFR 62 *et seq.* The Bureau of Educational and Cultural Affairs places great emphasis on the secure and proper administration of Exchange Visitor (J visa) Programs and adherence by grantee program organizations and program participants to all regulations governing the J visa program status. Therefore, proposals should *explicitly state in writing* that the applicant is prepared to assist the Bureau in meeting all requirements governing the administration of Exchange Visitor Programs as set forth in 22 CFR 62. If the applicant organization has experience as a designated Exchange Visitor Program Sponsor, the applicant should discuss its record of compliance with 22 CFR 62 *et seq.* , including the oversight of their Responsible Officers and Alternate Responsible Officers, screening and selection of program participants, provision of pre-arrival information and orientation to participants, monitoring of participants, proper maintenance and security of forms, record-keeping, reporting and other requirements. The Office of Citizen Exchanges of ECA will be responsible for issuing DS-2019 forms to participants in this program. A copy of the complete regulations governing the administration of Exchange Visitor
(J)programs is available at *http://exchanges.state.gov* or from: United States Department of State, Office of Exchange Coordination and Designation, ECA/EC/ECD-SA-44, Room 734, 301 4th Street, SW., Washington, DC 20547, *Telephone:*
(202)203-5029, *Fax:*
(202)453-8640. IV.3d.2 Diversity, Freedom and Democracy Guidelines. Pursuant to the Bureau's authorizing legislation, programs must maintain a non-political character and should be balanced and representative of the diversity of American political, social, and cultural life. “Diversity” should be interpreted in the broadest sense and encompass differences including, but not limited to ethnicity, race, gender, religion, geographic location, socio-economic status, and disabilities. Applicants are strongly encouraged to adhere to the advancement of this principle both in program administration and in program content. Please refer to the review criteria under the ‘Support for Diversity' section for specific suggestions on incorporating diversity into your proposal. Pub. L. 104-319 provides that “in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy,” the Bureau “shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders of such countries.” Pub. L. 106-113 requires that the governments of the countries described above do not have inappropriate influence in the selection process. Proposals should reflect advancement of these goals in their program contents, to the full extent deemed feasible. IV.3d.3. Program Monitoring and Evaluation. Proposals must include a plan to monitor and evaluate the project's success, both as the activities unfold and at the end of the program. The Bureau recommends that your proposal include a draft survey questionnaire or other technique plus a description of a methodology to use to link outcomes to original project objectives. The Bureau expects that the grantee will track participants or partners and be able to respond to key evaluation questions, including satisfaction with the program, learning as a result of the program, changes in behavior as a result of the program, and effects of the program on institutions (institutions in which participants work or partner institutions). The evaluation plan should include indicators that measure gains in mutual understanding as well as substantive knowledge. Successful monitoring and evaluation depend heavily on setting clear goals and outcomes at the outset of a program. Your evaluation plan should include a description of your project's objectives, your anticipated project outcomes, and how and when you intend to measure these outcomes (performance indicators). The more that outcomes are “smart” (specific, measurable, attainable, results-oriented, and placed in a reasonable time frame), the easier it will be to conduct the evaluation. You should also show how your project objectives link to the goals of the program described in this RFGP. Your monitoring and evaluation plan should clearly distinguish between program *outputs* and *outcomes* . *Outputs* are products and services delivered, often stated as an amount. Output information is important to show the scope or size of project activities, but it cannot substitute for information about progress towards outcomes or the results achieved. Examples of outputs include the number of people trained or the number of seminars conducted. *Outcomes,* in contrast, represent specific results a project is intended to achieve and is usually measured as an extent of change. Findings on outputs and outcomes should both be reported, but the focus should be on outcomes. We encourage you to assess the following four levels of outcomes, as they relate to the program goals set out in the RFGP (listed here in increasing order of importance): 1. Participant satisfaction with the program and exchange experience. 2. Participant learning, such as increased knowledge, aptitude, skills, and changed understanding and attitude. Learning includes both substantive (subject-specific) learning and mutual understanding. 3. Participant behavior, concrete actions to apply knowledge in work or community; greater participation and responsibility in civic organizations; interpretation and explanation of experiences and new knowledge gained; continued contacts between participants, community members, and others. 4. Institutional changes, such as increased collaboration and partnerships, policy reforms, new programming, and organizational improvements. Please note: Consideration should be given to the appropriate timing of data collection for each level of outcome. For example, satisfaction is usually captured as a short-term outcome, whereas behavior and institutional changes are normally considered longer-term outcomes. Overall, the quality of your monitoring and evaluation plan will be judged on how well it
(1)specifies intended outcomes;
(2)gives clear descriptions of how each outcome will be measured;
(3)identifies when particular outcomes will be measured; and
(4)provides a clear description of the data collection strategies for each outcome (i.e., surveys, interviews, or focus groups). (Please note that evaluation plans that deal only with the first level of outcomes [satisfaction] will be deemed less competitive under the present evaluation criteria.) Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. IV.3e. Please take the following information into consideration when preparing your budget: IV.3e.1. Applicants must submit a comprehensive budget for the entire program. Awards may not exceed the amount specified. There must be a summary budget as well as breakdowns reflecting both administrative and program budgets. Applicants applying to implement more than one project must provide separate sub-budgets for each. Please refer to the other documents in the Solicitation Package for complete budget guidelines and formatting instructions. IV.3F. Application Deadline and Methods of Submission: *Application Deadline Date:* May 31, 2007. *Reference Number:* ECA/PE/C/PY-07-39. *Methods of Submission:* Applications may be submitted in one of two ways:
(1)In hard-copy, via a nationally recognized overnight delivery service ( *i.e.* , DHL, Federal Express, UPS, Airborne Express, or U.S. Postal Service Express Overnight Mail, etc.), or
(2)Electronically through *http://www.grants.gov* . Along with the Project Title, all applicants must enter the above Reference Number in Box 11 on the SF-424 contained in the mandatory PSI of the solicitation document. IV.3f.1. Submitting Printed Applications. Applications must be shipped no later than the above deadline. Delivery services used by applicants must have in-place, centralized shipping identification and tracking systems that may be accessed via the Internet and delivery people who are identifiable by commonly recognized uniforms and delivery vehicles. Proposals shipped on or before the above deadline but received at ECA more than seven days after the deadline will be ineligible for further consideration under this competition. Proposals shipped after the established deadlines are ineligible for consideration under this competition. ECA will *not* notify you upon receipt of application. It is each applicant's responsibility to ensure that each package is marked with a legible tracking number and to monitor/confirm delivery to ECA via the Internet. Delivery of proposal packages *may not* be made via local courier service or in person for this competition. Faxed documents will not be accepted at any time. Only proposals submitted as stated above will be considered. Important note: When preparing your submission please make sure to include one extra copy of the completed SF-424 form and place it in an envelope addressed to “ECA/EX/PM”. The original, one fully-tabbed copy, and six copies of the application with Tabs A-E (for a total of 8 copies) should be sent to: U.S. Department of State, SA-44, Bureau of Educational and Cultural Affairs, *Ref.:* ECA/PE/C/PY-07-39, Program Management, ECA/EX/PM, Room 534, 301 4th Street, SW., Washington, DC 20547. Applicants must also submit the executive summary, proposal narrative, budget section, and any important appendices as e-mail attachments in Microsoft Word and Excel to the following e-mail address: *LantzCS@state.gov* . In the e-mail message subject line, include the name of the applicant organization and the partner country. The Bureau will transmit these files electronically to the Public Affairs Sections of the U.S. Embassies in the participating countries for their review. IV.3f.2. Submitting Electronic Applications. Applicants have the option of submitting proposals electronically through Grants.gov ( *http://www.grants.gov* ). Complete solicitation packages are available at Grants.gov in the “Find” portion of the system. Please follow the instructions available in the ‘Get Started' portion of the site ( *http://www.grants.gov/GetStarted* ). Several of the steps in the Grants.gov registration process could take several weeks. Therefore, applicants should check with appropriate staff within their organizations immediately after reviewing this RFGP to confirm or determine their registration status with Grants.gov. Once registered, the amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your internet connection. Therefore, we strongly recommend that you not wait until the application deadline to begin the submission process through Grants.gov. *Direct all questions regarding Grants.gov registration and submission to:* Grants.gov Customer Support, *Contact Center Phone:* 800-518-4726, *Business Hours:* Monday-Friday, 7 a.m.-9 p.m. Eastern Time, *E-mail: support@grants.gov* . Applicants have until midnight (12 a.m.), Washington, DC time of the closing date to ensure that their entire application has been uploaded to the Grants.gov site. There are no exceptions to the above deadline. Applications uploaded to the site after midnight of the application deadline date will be automatically rejected by the grants.gov system, and will be technically ineligible. Applicants will receive a confirmation e-mail from Grants.gov upon the successful submission of an application. ECA will *not* notify you upon receipt of electronic applications. It is the responsibility of all applicants submitting proposals via the Grants.gov web portal to ensure that proposals have been received by Grants.gov in their entirety, and ECA bears no responsibility for data errors resulting from transmission or conversion processes. *IV.3g. Intergovernmental Review of Applications:* Executive Order 12372 does not apply to this program. V. Application Review Information V.1. Review Process The Bureau will review all proposals for technical eligibility. Proposals will be deemed ineligible if they do not fully adhere to the guidelines stated herein and in the Solicitation Package. All eligible proposals will be reviewed by the program office, as well as the Public Diplomacy section overseas, where appropriate. Eligible proposals will be subject to compliance with Federal and Bureau regulations and guidelines and forwarded to Bureau grant panels for advisory review. Proposals may also be reviewed by the Office of the Legal Adviser or by other Department elements. Final funding decisions are at the discretion of the Department of State's Assistant Secretary for Educational and Cultural Affairs. Final technical authority for assistance awards (grants) resides with the Bureau's Grants Officer. Review Criteria Please see the review criteria in the accompanying POGI document. VI. Award Administration Information VI.1a. Award Notices Final awards cannot be made until funds have been appropriated by Congress, allocated and committed through internal Bureau procedures. Successful applicants will receive an Assistance Award Document
(AAD)from the Bureau's Grants Office. The AAD and the original grant proposal with subsequent modifications (if applicable) shall be the only binding authorizing document between the recipient and the U.S. Government. The AAD will be signed by an authorized Grants Officer, and mailed to the recipient's responsible officer identified in the application. Unsuccessful applicants will receive notification of the results of the application review from the ECA program office coordinating this competition. VI.2 Administrative and National Policy Requirements Terms and Conditions for the Administration of ECA agreements include the following: Office of Management and Budget Circular A-122, “Cost Principles for Nonprofit Organizations.” Office of Management and Budget Circular A-21, “Cost Principles for Educational Institutions.” OMB Circular A-87, “Cost Principles for State, Local and Indian Governments.” OMB Circular No. A-110 (Revised), Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations. OMB Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments. OMB Circular No. A-133, Audits of States, Local Government, and Non-profit Organizations. Please reference the following Web sites for additional information: *http://www.whitehouse.gov/omb/grants.* *http://exchanges.state.gov/education/grantsdiv/terms.htm#articleI* . VI.3. Reporting Requirements You must provide ECA with a hard copy original plus one copy of the following reports:
(1)A final program and financial report no more than 90 days after the expiration of the award;
(2)Interim reports, as required in the Bureau grant agreement. Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. (Please refer to IV. Application and Submission Instructions (IV.3.d.3) above for Program Monitoring and Evaluation information.) All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. All reports must be sent to the ECA Grants Officer and ECA Program Officer listed in the final assistance award document. VI.4. Program Data Requirements Organizations awarded grants will be required to maintain specific data on program participants and activities in an electronically accessible database format that can be shared with the Bureau as required. As a minimum, the data must include the following:
(1)Name, address, contact information and biographic sketch of all persons who travel internationally on funds provided by the grant or who benefit from the grant funding but do not travel.
(2)Itineraries of international and domestic travel, providing dates of travel and cities in which any exchange experiences take place. Final schedules for in-country and U.S. activities must be received by the ECA Program Officer at least three workdays prior to the official opening of the activity. VII. Agency Contacts For questions about this announcement, contact: Carolyn Lantz, Program Officer, Youth Programs Division (ECA/PE/C/PY), Room 568, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, Telephone
(202)203-7505, Fax
(202)203-7529, E-mail: *LantzCS@state.gov.* All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/PE/C/PY-07-39. Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. VIII. Other Information Notice The terms and conditions published in this RFGP are binding and may not be modified by any Bureau representative. Explanatory information provided by the Bureau that contradicts published language will not be binding. Issuance of the RFGP does not constitute an award commitment on the part of the Government. The Bureau reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program and the availability of funds. Awards made will be subject to periodic reporting and evaluation requirements per section VI.3 above. Dated: March 27, 2007. Dina Habib Powell, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E7-6361 Filed 4-4-07; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5745] Bureau of Educational and Cultural Affairs
(ECA)Request for Grant Proposals: Youth Leadership Program: Diversity, Democracy, Globalization, and Citizenship *Announcement Type:* New Grant. *Funding Opportunity Number:* ECA/PE/C/PY-07-31. *Catalog of Federal Domestic Assistance Number:* 00.000. *Application Deadline:* May 31, 2007. *Executive Summary:* The Office of Citizen Exchanges, Youth Programs Division, of the Bureau of Educational and Cultural Affairs announces an open competition for the “Youth Leadership Program: Diversity, Democracy, Globalization, and Citizenship” in which the participating countries will be Turkey, Germany, and the United States. Public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to recruit and select 30-40 youth and adult participants overseas and in the United States, to provide the participants with a 25-to 30-day U.S.-based exchange program, and to support follow-on activities for the alumni. The program will be designed to promote high-quality leadership and civic responsibility among future leaders and will enable the Turkish, German, and American participants to explore diversity and the expression of and respect for individual beliefs as citizens in democratic nations. I. Funding Opportunity Description Authority Overall grant making authority for this program is contained in the Mutual Educational and Cultural Exchange Act of 1961, Public Law 87-256, as amended, also known as the Fulbright-Hays Act. The purpose of the Act is “to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries * * *; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations * * * and thus to assist in the development of friendly, sympathetic and peaceful relations between the United States and the other countries of the world.” The funding authority for the program above is provided through legislation. Purpose “Youth Leadership Program: Diversity, Democracy, Globalization, and Citizenship” will enable approximately 30-40 teenagers (ages 16-18) and adult educators to participate in an intensive, thematic project in the United States for approximately four weeks that allows for open discussion of the roles and responsibilities of a citizen in a democracy, lessons in critical thinking about various approaches to governance and respect for different perspectives, and the expression of identity and values. Leadership development, community service, and the development of a global point of view of are also elements of this program. The program will offer a firsthand view of U.S. practices, such as how groups with differing points of view find common ground or how governmental and non-governmental organizations reach out to those reflecting a spectrum of views. The participants may explore diversity from the perspectives of various sectors of a society; for example, immigrants and natives, socio-economic classes, religious groups, political groups, or from different generations. The Turkish and German participants will be joined by American students for the program for a dialogue among the diverse communities represented by the three countries. Participants will be engaged in a variety of activities such as workshops, community and/or school-based programs, cultural activities, seminars and other activities designed to achieve the project's stated goals and objectives. The goals of the program are:
(1)To develop a sense of civic responsibility and a commitment to international understanding and cooperation among youth;
(2)To understand how different people and societies deal with matters of individual belief in a democratic society and identify with cultural, political, religious, and social groups;
(3)To foster relationships among youth from different ethnic, religious, and national groups;
(4)To promote mutual understanding and respect between the people of the United States, Germany, and Turkey; and
(5)To develop a cadre of youth leaders who will share their knowledge and skills with their peers through positive action. With this focus, the following outcomes will indicate a successful project: • Participants will work together to identify areas of commonality and contrast among countries and diverse groups within a country. • Participants will develop critical thinking skills that will enable them to consider the perceptions and concerns of individuals with different perspectives. • Participants will demonstrate a better understanding of group and individual identity, respect for minorities, and freedom of expression in a democracy. Applicants should identify their own specific objectives and measurable outcomes based on these program goals and the project specifications provided in this solicitation. Applicants must demonstrate their capacity for doing projects of this nature, focusing on three areas of competency:
(1)Provision of programs that address the goals and themes outlined in this document;
(2)age-appropriate programming for youth; and
(3)previous experience working on programs with Turkey and/or with Germany. Applicants, or their partner organizations, need to have the necessary capacity in these two countries to recruit, select, and orient participants for the program, and to provide follow-on activities. Guidelines Grants should begin on or about September 1, 2007. The grant period will be approximately 14 to 20 months in duration, according to the applicant's program plan. In pursuit of the goals outlined above, the program arrangements will include the following: • Recruitment and selection of a diverse group of youth and adult educators in Turkey, in Germany, and in the United States. • A pre-departure orientation program. • Design and planning of activities in the United States that provide a substantive program on leadership, civic responsibility, diversity, and the expression of and respect for individual beliefs by citizens in democratic nations. Some activities should be school and/or community-based, as feasible, and the projects will involve interaction with American peers in addition to those selected for the program. • Logistical arrangements, homestay arrangements and other accommodation, disbursement of stipends/per diem, local travel, and travel between sites. • Follow-on activities in the participants' home countries designed to reinforce the ideas, values, and skills imparted during the U.S. program. *Recruitment and Selection:* Applicants must outline a recruitment and selection plan in all three countries in their proposals. Once a grant is awarded, the grant recipient must consult with the Public Affairs Sections at the U.S. Embassies in Ankara and Berlin to review the plan and incorporate their priorities. The Department of State and/or its overseas representatives reserve final approval of all selected delegations. *Participants:* The participants will be teenagers, aged 16-18, and adult educators from Turkey, Germany, and the United States who represent the ethnic, religious, racial, gender balance, and geographic diversity of their populations. The total number of participants will be roughly 30 to 40, with generally equal representation from the three countries. The ratio of student to adult participants will be approximately 5:1 or 6:1. In Turkey, participants will be recruited from a spectrum of different groups and organizations dealing with education, governance, and public life. In Germany, participants will be recruited through outreach to traditionally under-served or marginalized communities, as well as from youth groups dealing with education, governance, and public life. In the United States, participants will also be recruited through diverse networks of schools, clubs, non-profit organizations, and other groups. Participants will be proficient in English in order to fully participate in discussions. They will demonstrate an interest in the project theme and will exhibit leadership, maturity, flexibility, and open-mindedness. The adults will be teachers or community leaders who work with youth, and they will have the dual role of both exchange participant and chaperone. *U.S. Program Activities:* Applicants should propose a 25-to 30-day exchange in the United States that takes place during the summer of 2008 between late June and early August. The project may take place in one or two communities and should offer the participants exposure to the variety of American life. The closing workshop for the program must be organized in Washington, DC, and will offer a chance for State Department officials to meet the participants. The program delivery will be focused primarily on interactive activities, practical experiences, and other hands-on opportunities to learn about the fundamentals of a dynamic and diverse civil society, community service, tolerance and respect for diversity, and building leadership skills. The participants will examine ways that individual perspectives can be expressed and the ways that democratic nations acknowledge such expression. They should have a chance to see community activists and leaders in action. The activities of the project could include a mix of workshops, simulations and role-playing, case studies, meetings, classroom visits, site visits, training, and collaborative projects and discussions with peers. Leadership development and teambuilding exercises will also be included, along with volunteer service activities. Cultural and recreational activities will balance the schedule. The participants will live with American host families for at least half of the program, preferably in pairings that mix up the participants from the three countries. Programs will include “how-to” training that enables the students and teachers to get a hands-on feel for the topic (such as participating in a debate, peer mediation session, or mock trial), to discuss challenging issues, and to re-create similar activities for their peers back home. The program will also provide opportunities for the adult educators to work with their American peers and other professionals and volunteers to learn about new topics and methods in teaching the rights and responsibilities of a citizen in a democracy and the practical application of theoretical concepts. The program in the United States will end with a closing session that focuses on summarizing the experience, developing action plans for activities at home, and preparing for re-entry. *Follow-on Activities and In-Country Programming:* Follow-on activities that are designed to reinforce values and skills imparted during the U.S. program will be organized for project alumni in each country. Applicants should present creative and effective ways to address the project themes, for both program participants and their peers, as a means to amplify the program's impact. Proposals must demonstrate how the stated objectives will be met. The proposal narrative should provide detailed information on the major program activities, and applicants should explain and justify their programmatic choices. Programs must comply with J-1 visa regulations. Please be sure to refer to the complete Solicitation Package—this Request for Grant Proposals (RFGP), the Project Objectives, Goals, and Implementation (POGI), and the Proposal Submission Instructions (PSI)—for further information. II. Award Information *Type of Award:* Grant Agreement. *Fiscal Year Funds:* 2007. *Approximate Total Funding:* $245,000. *Approximate Number of Awards:* One. *Anticipated Award Date:* September 1, 2007. *Anticipated Project Completion Date:* 14-20 months after start date, to be specified by applicant based on project plan. *Additional Information:* Pending successful implementation of the project and the availability of funds in subsequent fiscal years, ECA reserves the right to renew grants for up to two additional fiscal years before openly competing grants under this program again. III. Eligibility Information III.1. Eligible Applicants Applications may be submitted by public and private non-profit organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3). III.2. Cost Sharing or Matching Funds There is no minimum or maximum percentage required for this competition. However, the Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. When cost sharing is offered, it is understood and agreed that the applicant must provide the amount of cost sharing as stipulated in its proposal and later included in an approved grant agreement. Cost sharing may be in the form of allowable direct or indirect costs. For accountability, you must maintain written records to support all costs that are claimed as your contribution, as well as costs to be paid by the Federal Government. Such records are subject to audit. The basis for determining the value of cash and in-kind contributions must be in accordance with OMB Circular A-110, (Revised), Subpart C.23—Cost Sharing and Matching. In the event you do not provide the minimum amount of cost sharing as stipulated in the approved budget, ECA's contribution will be reduced in like proportion. III.3. Other Eligibility Requirements Bureau grant guidelines require that organizations with less than four years experience in conducting international exchanges be limited to $60,000 in Bureau funding. ECA anticipates awarding one grant not to exceed $245,000 to support program and administrative costs required to implement this exchange program. Therefore, organizations with less than four years experience in conducting international exchanges are ineligible to apply under this competition. The Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. IV. Application and Submission Information Note: Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. IV.1. Contact Information To Request an Application Package Please contact the Youth Programs Division (ECA/PE/C/PY), Room 568, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, Telephone
(202)203-7505, Fax
(202)203-7529, E-mail: *LantzCS@state.gov* to request a Solicitation Package. Please refer to the Funding Opportunity Number (ECA/PE/C/PY-07-31) located at the top of this announcement when making your request. Alternatively, an electronic application package may be obtained from Grants.gov. Please see section IV.3f for further information. The Solicitation Package contains the PSI document, which consists of required application forms and standard guidelines for proposal preparation. It also contains the POGI document, which provides specific information, award criteria, and budget instructions tailored to this competition. Please specify Bureau Program Officer Carolyn Lantz and refer to the Funding Opportunity Number (ECA/PE/C/PY-07-31) located at the top of this announcement on all other inquiries and correspondence. IV.2. To Download a Solicitation Package Via Internet The entire Solicitation Package may be downloaded from the Bureau's Web site at *http://exchanges.state.gov/education/rfgps/menu.htm,* or from the Grants.gov Web site at *http://www.grants.gov.* Please read all information before downloading. IV.3. Content and Form of Submission: Applicants must follow all instructions in the Solicitation Package. The application should be submitted per the instructions under IV.3f. “Submission Dates and Times section” below. IV.3a. You are required to have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number to apply for a grant or cooperative agreement from the U.S. Government. This number is a nine-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access *http://www.dunandbradstreet.com* or call 1-866-705-5711. Please ensure that your DUNS number is included in the appropriate box of the SF-424 form that is part of the formal application package. IV.3b. All proposals must contain an executive summary, proposal narrative and budget. Please refer to the Solicitation Package for additional formatting and technical requirements. It contains the mandatory PSI document and the POGI document. IV.3c. You must have nonprofit status with the IRS at the time of application. If your organization is a private nonprofit which has not received a grant or cooperative agreement from ECA in the past three years, or if your organization received nonprofit status from the IRS within the past four years, you must submit the necessary documentation to verify nonprofit status as directed in the PSI document. Failure to do so will cause your proposal to be declared technically ineligible. IV.3d. Please take into consideration the following information when preparing your proposal narrative: IV.3d.1. Adherence to All Regulations Governing the J Visa. The Office of Citizen Exchanges of the Bureau of Educational and Cultural Affairs is the official program sponsor of the exchange program covered by this RFGP, and an employee of the Bureau will be the “Responsible Officer” for the program under the terms of 22 CFR 62, which covers the administration of the Exchange Visitor Program (J visa program). Under the terms of 22 CFR 62, organizations receiving grants under this RFGP will be third parties “cooperating with or assisting the sponsor in the conduct of the sponsor's program.” The actions of grantee program organizations shall be “imputed to the sponsor in evaluating the sponsor's compliance with” 22 CFR 62. Therefore, the Bureau expects that any organization receiving a grant under this competition will render all assistance necessary to enable the Bureau to fully comply with 22 CFR 62 *et seq.* The Bureau of Educational and Cultural Affairs places great emphasis on the secure and proper administration of Exchange Visitor (J visa) Programs and adherence by grantee program organizations and program participants to all regulations governing the J visa program status. Therefore, proposals should *explicitly state in writing* that the applicant is prepared to assist the Bureau in meeting all requirements governing the administration of Exchange Visitor Programs as set forth in 22 CFR 62. If your organization has experience as a designated Exchange Visitor Program Sponsor, the applicant should discuss their record of compliance with 22 CFR 62 *et seq.* , including the oversight of their Responsible Officers and Alternate Responsible Officers, screening and selection of program participants, provision of pre-arrival information and orientation to participants, monitoring of participants, proper maintenance and security of forms, record-keeping, reporting and other requirements. The Office of Citizen Exchanges of ECA will be responsible for issuing DS-2019 forms to participants in this program. A copy of the complete regulations governing the administration of Exchange Visitor
(J)programs is available at *http://exchanges.state.gov* or from: United States Department of State, Office of Exchange Coordination and Designation, ECA/EC/ECD-SA-44, Room 734, 301 4th Street, SW., Washington, DC 20547, *Telephone:*
(202)203-5029, *Fax:*
(202)453-8640. IV.3d.2. Diversity, Freedom and Democracy Guidelines. Pursuant to the Bureau's authorizing legislation, programs must maintain a non-political character and should be balanced and representative of the diversity of American political, social, and cultural life. “Diversity” should be interpreted in the broadest sense and encompass differences including, but not limited to ethnicity, race, gender, religion, geographic location, socio-economic status, and disabilities. Applicants are strongly encouraged to adhere to the advancement of this principle both in program administration and in program content. Please refer to the review criteria under the “Support for Diversity” section for specific suggestions on incorporating diversity into your proposal. Public Law 104-319 provides that “in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy,” the Bureau “shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders of such countries.” Public Law 106-113 requires that the governments of the countries described above do not have inappropriate influence in the selection process. Proposals should reflect advancement of these goals in their program contents, to the full extent deemed feasible. IV.3d.3. Program Monitoring and Evaluation. Proposals must include a plan to monitor and evaluate the project's success, both as the activities unfold and at the end of the program. The Bureau recommends that your proposal include a draft survey questionnaire or other technique plus a description of a methodology to use to link outcomes to original project objectives. The Bureau expects that the grantee will track participants or partners and be able to respond to key evaluation questions, including satisfaction with the program, learning as a result of the program, changes in behavior as a result of the program, and effects of the program on institutions (institutions in which participants work or partner institutions). The evaluation plan should include indicators that measure gains in mutual understanding as well as substantive knowledge. Successful monitoring and evaluation depend heavily on setting clear goals and outcomes at the outset of a program. Your evaluation plan should include a description of your project's objectives, your anticipated project outcomes, and how and when you intend to measure these outcomes (performance indicators). The more that outcomes are “smart” (specific, measurable, attainable, results-oriented, and placed in a reasonable time frame), the easier it will be to conduct the evaluation. You should also show how your project objectives link to the goals of the program described in this RFGP. Your monitoring and evaluation plan should clearly distinguish between program *outputs* and *outcomes* . *Outputs* are products and services delivered, often stated as an amount. Output information is important to show the scope or size of project activities, but it cannot substitute for information about progress towards outcomes or the results achieved. Examples of outputs include the number of people trained or the number of seminars conducted. *Outcomes* , in contrast, represent specific results a project is intended to achieve and is usually measured as an extent of change. Findings on outputs and outcomes should both be reported, but the focus should be on outcomes. We encourage you to assess the following four levels of outcomes, as they relate to the program goals set out in the RFGP (listed here in increasing order of importance): 1. *Participant satisfaction* with the program and exchange experience. 2. *Participant learning* , such as increased knowledge, aptitude, skills, and changed understanding and attitude. Learning includes both substantive (subject-specific) learning and mutual understanding. 3. *Participant behavior* , concrete actions to apply knowledge in work or community; greater participation and responsibility in civic organizations; interpretation and explanation of experiences and new knowledge gained; continued contacts between participants, community members, and others. 4. *Institutional changes* , such as increased collaboration and partnerships, policy reforms, new programming, and organizational improvements. Please note: Consideration should be given to the appropriate timing of data collection for each level of outcome. For example, satisfaction is usually captured as a short-term outcome, whereas behavior and institutional changes are normally considered longer-term outcomes. Overall, the quality of your monitoring and evaluation plan will be judged on how well it
(1)specifies intended outcomes;
(2)gives clear descriptions of how each outcome will be measured;
(3)identifies when particular outcomes will be measured; and
(4)provides a clear description of the data collection strategies for each outcome (i.e., surveys, interviews, or focus groups). (Please note that evaluation plans that deal only with the first level of outcomes [satisfaction] will be deemed less competitive under the present evaluation criteria.) Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. IV.3e. Please take the following information into consideration when preparing your budget: IV.3e.1. Applicants must submit a comprehensive budget for the entire program. Awards may not exceed the amounts specified. Funding for the project is not to exceed $245,000. There must be a summary budget as well as breakdowns reflecting both administrative and program budgets. Applicants may provide separate sub-budgets for each program component, phase, location, or activity to provide clarification. Please refer to the other documents in the Solicitation Package for complete budget guidelines and formatting instructions. IV.3f. Application Deadline and Methods of Submission: *Application Deadline Date:* Thursday, May 31, 2007. *Reference Number:* ECA/PE/C/PY-07-31. *Methods of Submission:* Applications may be submitted in one of two ways:
(1)In hard-copy, via a nationally recognized overnight delivery service (i.e., DHL, Federal Express, UPS, Airborne Express, or U.S. Postal Service Express Overnight Mail, etc.), or
(2)Electronically through *http://www.grants.gov.* Along with the Project Title, all applicants must enter the above Reference Number in Box 11 on the SF-424 contained in the mandatory PSI of the solicitation document. IV.3f.1 Submitting Printed Applications. Applications must be shipped no later than the above deadline. Delivery services used by applicants must have in-place, centralized shipping identification and tracking systems that may be accessed via the Internet and delivery people who are identifiable by commonly recognized uniforms and delivery vehicles. Proposals shipped on or before the above deadline but received at ECA more than seven days after the deadline will be ineligible for further consideration under this competition. Proposals shipped after the established deadlines are ineligible for consideration under this competition. ECA will *not* notify you upon receipt of application. It is each applicant's responsibility to ensure that each package is marked with a legible tracking number and to monitor/confirm delivery to ECA via the Internet. Delivery of proposal packages *may not* be made via local courier service or in person for this competition. Faxed documents will not be accepted at any time. Only proposals submitted as stated above will be considered. Important note: When preparing your submission please make sure to include one extra copy of the completed SF-424 form and place it in an envelope addressed to “ECA/EX/PM”. The original, one fully-tabbed copy, and six copies of the application with Tabs A-E (for a total of 7 copies) should be sent to: U.S. Department of State, SA-44, Bureau of Educational and Cultural Affairs, *Ref.:* ECA/PE/C/PY-07-31, Program Management, ECA/EX/PM, Room 534, 301 4th Street, SW., Washington, DC 20547. Applicants must also submit the executive summary, proposal narrative, budget section, and any essential appendices as e-mail attachments in Microsoft Word and Excel to the following e-mail address: *LantzCS@state.gov.* In the e-mail message subject line, include the name of the applicant organization. The Bureau will transmit these files electronically to the Public Affairs Sections in the U.S. Embassies in Ankara and Berlin for review. IV.3f.2. Submitting Electronic Applications: Applicants have the option of submitting proposals electronically through Grants.gov ( *http://www.grants.gov* ). Complete solicitation packages are available at Grants.gov in the “Find” portion of the system. Please follow the instructions available in the “Get Started” portion of the site ( *http://www.grants.gov/GetStarted* ). Several of the steps in the Grants.gov registration process could take several weeks. Therefore, applicants should check with appropriate staff within their organizations immediately after reviewing this RFGP to confirm or determine their registration status with Grants.gov. Once registered, the amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your internet connection. Therefore, we strongly recommend that you not wait until the application deadline to begin the submission process through Grants.gov. Direct all questions regarding Grants.gov registration and submission to: Grants.gov Customer Support, *Contact Center Phone:* 800-518-4726, *Business Hours:* Monday-Friday, 7 a.m.-9 p.m. Eastern Time, E-mail: *support@grants.gov.* Applicants have until midnight (12 a.m.) of the closing date to ensure that their entire applications have been uploaded to the Grants.gov site. Applications uploaded to the site after midnight of the application deadline date will be automatically rejected by the Grants.gov system, and will be technically ineligible. Applicants will receive a confirmation e-mail from Grants.gov upon the successful submission of an application. ECA will *not* notify you upon receipt of electronic applications. It is the responsibility of all applicants submitting proposals via the Grants.gov web portal to ensure that proposals have been received by Grants.gov in their entirety, and ECA bears no responsibility for data errors resulting from transmission or conversion processes. IV.3g. *Intergovernmental Review of Applications:* Executive Order 12372 does not apply to this program. V. Application Review Information V.1. Review Process The Bureau will review all proposals for technical eligibility. Proposals will be deemed ineligible if they do not fully adhere to the guidelines stated herein and in the Solicitation Package. All eligible proposals will be reviewed by the program office, as well as the Public Diplomacy section overseas, where appropriate. Eligible proposals will be subject to compliance with Federal and Bureau regulations and guidelines and forwarded to Bureau grant panels for advisory review. Proposals may also be reviewed by the Office of the Legal Adviser or by other Department elements. Final funding decisions are at the discretion of the Department of State's Assistant Secretary for Educational and Cultural Affairs. Final technical authority for assistance awards (grants) resides with the Bureau's Grants Officer. Review Criteria Please see the review criteria in the accompanying POGI document. VI. Award Administration Information VI.1a. Award Notices Final awards cannot be made until funds have been appropriated by Congress, allocated and committed through internal Bureau procedures. Successful applicants will receive an Assistance Award Document
(AAD)from the Bureau's Grants Office. The AAD and the original grant proposal with subsequent modifications (if applicable) shall be the only binding authorizing document between the recipient and the U.S. Government. The AAD will be signed by an authorized Grants Officer, and mailed to the recipient's responsible officer identified in the application. Unsuccessful applicants will receive notification of the results of the application review from the ECA program office coordinating this competition. VI.2. Administrative and National Policy Requirements Terms and Conditions for the Administration of ECA agreements include the following: Office of Management and Budget Circular A-122, “Cost Principles for Nonprofit Organizations.” Office of Management and Budget Circular A-21, “Cost Principles for Educational Institutions.” OMB Circular A-87, “Cost Principles for State, Local and Indian Governments.” OMB Circular No. A-110 (Revised), Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations. OMB Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments. OMB Circular No. A-133, Audits of States, Local Government, and Non-profit Organizations. Please reference the following Web sites for additional information: *http://www.whitehouse.gov/omb/grants* *http://exchanges.state.gov/education/grantsdiv/terms.htm#articleI* VI.3. Reporting Requirements You must provide ECA with a hard copy original plus one copy of the following reports:
(1)A final program and financial report no more than 90 days after the expiration of the award;
(2)Interim reports, as required in the Bureau grant agreement. Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. (Please refer to IV. Application and Submission Instructions (IV.3d.3) above for Program Monitoring and Evaluation information.) All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. All reports must be sent to the ECA Grants Officer and ECA Program Officer listed in the final assistance award document. VI.4. Program Data Requirements Organizations awarded grants will be required to maintain specific data on program participants and activities in an electronically accessible database format that can be shared with the Bureau as required. As a minimum, the data must include the following:
(1)Name, address, contact information and biographic sketch of all persons who travel internationally on funds provided by the grant or who benefit from the grant funding but do not travel.
(2)Itineraries of international and domestic travel, providing dates of travel and cities in which any exchange experiences take place. Final schedules for in-country and U.S. activities must be received by the ECA Program Officer at least three workdays prior to the official opening of the activity. VII. Agency Contacts For questions about this announcement, contact: Carolyn Lantz, Program Officer, Youth Programs Division (ECA/PE/C/PY), Room 568, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, Telephone
(202)203-7505, Fax
(202)203-7529, E-mail: *LantzCS@state.gov.* All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/PE/C/PY-07-31. Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. VIII. Other Information Notice The terms and conditions published in this RFGP are binding and may not be modified by any Bureau representative. Explanatory information provided by the Bureau that contradicts published language will not be binding. Issuance of the RFGP does not constitute an award commitment on the part of the Government. The Bureau reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program and the availability of funds. Awards made will be subject to periodic reporting and evaluation requirements per section VI.3 above. Dated: March 29, 2007. Dina Habib Powell, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E7-6369 Filed 4-4-07; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5742] Meeting of Advisory Committee on International Communications and Information Policy The Department of State announces the next meeting of its Advisory Committee on International Communications and Information Policy (ACICIP) to be held on April 19, 2007, from 10 a.m. to 12 Noon, in the Dean Acheson Auditorium of the Harry S. Truman Building of the U.S. Department of State. The Truman Building is located at 2201 C Street, NW., Washington, DC 20520. The committee provides a formal channel for regular consultation and coordination on major economic, social and legal issues and problems in international communications and information policy, especially as these issues and problems involve users of information and communications services, providers of such services, technology research and development, foreign industrial and regulatory policy, the activities of international organizations with regard to communications and information, and developing country issues. The meeting will be led by ACICIP Chair Mr. Richard E. Wiley of Wiley Rein LLP. Ambassador David A. Gross, Deputy Assistant Secretary and U.S. Coordinator for International Communications and Information Policy, and other senior U.S. Government officials will address the meeting. The main focus of this meeting will be to discuss the U.S. preparations, including formation of the U.S. delegation, for the 2007 World Radiocommunication Conference (WRC-07) that will take place in Geneva, Switzerland, October 22-November 16, 2007. WRC-07 will meet to consider proposals to revise the international Radio Regulations including the Table of Frequency Allocations, technical provisions such as power limits, and regulatory provisions such as coordination procedures for satellite network frequency assignment. Department officials will also report on certain Digital Freedom Initiative activities that have taken place from January 1, 2007. Members of the public may submit suggestions and comments to the ACICIP. Submissions regarding an event, consultation, meeting, etc. listed in the agenda above should be received by the ACICIP Executive Secretary (contact information below) at least ten working days prior to the date of that listed event. They should be submitted in written form and should not exceed one page for each country (for comments on consultations) or for each subject area (for other comments). Resource limitations preclude acknowledging or replying to submissions. While the meeting is open to the public, admittance to the Department of State building is only by means of a pre-arranged clearance list. In order to be placed on the pre-clearance list, we must receive the following information from you no later than 5 p.m. on Tuesday, April 17, 2007 (Please note that this information is not retained by the ACICIP Executive Secretary and must therefore be re-submitted for each ACICIP meeting): I. State that you are Requesting Pre-Clearance to a Meeting. II. Provide the Following Information: 1. Name of meeting and its date and time. 2. Visitor's full name. 3. Company/Agency/Organization. 4. Title at Company/Agency/Organization. 5. Date of birth. 6. Citizenship. 7. Type of ID visitor will show upon entry (from list below). • U.S. driver's license with photo. • Passport. • U.S. government agency ID. 8. ID number on the ID visitor will show upon entry. Send the above information to Richard W. O'Brien by fax
(202)647-0158 or e-mail *o'brienrw@state.gov* . *Privacy Act Statement:* The above information is sought pursuant to 5 U.S.C. 301 and 22 U.S.C. §§ 2651a, 4802(a). The principal purpose for collecting the information is to assure protection of U.S. Department of State facilities. The information provided also may be released to federal, state or local agencies for law enforcement, counter-terrorism or homeland security purposes, or to other federal agencies for certain personnel and records management matters. Providing this information is voluntary but failure to do so may result in denial of access to U.S. Department of State facilities. All visitors for this meeting must use the 23rd Street entrance. The valid ID bearing the number provided with your pre-clearance request will be required for admittance. Non-U.S. government attendees must be escorted by Department of State personnel at all times when in the building. For further information, please contact Richard W. O'Brien, Executive Secretary of the Committee, at
(202)647-4736 or *o'brienrw@state.gov* . General information about ACICIP and the mission of International Communications and Information Policy at the Department of State is available at our Web site: *http://www.state.gov/e/eeb/adcom/c667.htm* Dated: March 27, 2007. Richard W. O'Brien, Executive Secretary, ACICIP, Department of State. [FR Doc. E7-6292 Filed 4-4-07; 8:45 am] BILLING CODE 4710-07-P DEPARTMENT OF STATE [Public Notice 5741] Announcement of Meetings of the International Telecommunication Advisory Committee SUMMARY: This notice announces meetings of the International Telecommunication Advisory Committee
(ITAC)to prepare advice on U.S. positions for two sets of meetings: the meeting of the Organization for Economic Co-operation and Development Working Parties on the Information Economy
(WPIE)and on Communications and Infrastructure Services Policy (CISP), and a meeting of the International Telecommunication Union's Study Group 9 (Integrated broadband cable networks and television and sound transmission). The ITAC will meet on May 3, 10, and 17 from 2-4 p.m. EDT in room 2533a of the Harry S Truman building (Main State), 2201 C Street, Washington, DC to prepare advice for the next meetings of the WPIE and CISP. The ITAC will meet by conference call at 2 p.m. EDT to prepare advice on proposed USA contributions to ITU-T Study Group 9. Call-in information is available from the secretariat at 202 647-3234. These meetings are open to the public. Admission to the Department of State, 2201 C Street, Washington, DC requires prior notification to the secretariat (including birth date and an identification number such as driver license or passport) and presentation of a government-issued picture identification card at the entrance. Further information may be obtained from the Secretariat at *minardje@state.gov,* telephone 202 647-3234. Dated: March 26, 2007. Doreen McGirr, Director of Telecommunication Development, EEB/CIP/Multilateral Affairs, Department of State. [FR Doc. E7-6293 Filed 4-4-07; 8:45 am] BILLING CODE 4710-07-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Application of Vision Airlines, Inc., for Certificate Authority AGENCY: Department of Transportation. ACTION: Notice of Order To Show Cause (Order 2007-3-24) Docket OST-2004-19518. SUMMARY: The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Vision Airlines, Inc. fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate scheduled air transportation of persons, property, and mail. DATES: Persons wishing to file objections should do so no later than. ADDRESSES: Objections and answers to objections should be filed in Docket OST-2004-19518 and addressed to U.S. Department of Transportation, Docket Operations, (M-30, Room PL-401), 400 Seventh Street, SW., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: Damon D. Walker, Air Carrier Fitness Division (X-56, Room 6401), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590,
(202)366-7785. Dated: March 30, 2007. Andrew B. Steinberg, Assistant Secretary for Aviation and International Affairs. [FR Doc. E7-6336 Filed 4-4-07; 8:45 am] BILLING CODE 4910-62-P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket OST-1996-1657] Application of Alaska Central Express, Inc., for Reissuance of Certificate Authority AGENCY: Department of Transportation. ACTION: Notice of order to show cause (Order 2007-3-25). SUMMARY: The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Alaska Central Express, Inc., fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate air transportation of persons, property and mail. DATES: Persons wishing to file objections should do so no later than April 13, 2007. ADDRESSES: Objections and answers to objections should be filed in Docket OST-1996-1657, and addressed to U.S. Department of Transportation, Docket Operations (M-30, Room PL-401), 400 Seventh Street, SW., Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. FOR FURTHER INFORMATION CONTACT: Rona le Taylor, Air Carrier Fitness Division (X-56, Room 6401), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590,
(202)366-9721. Dated: March 30, 2007. Andrew B. Steinberg, Assistant Secretary for Aviation and International Affairs. [FR Doc. E7-6351 Filed 4-4-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Notice of Order (Order 2007-3- ); Docket OST-2006-25307] International Air Transport Association Tariff Conference Proceeding AGENCY: Office of the Secretary, Department of Transportation. SUMMARY: The Department is issuing an order withdrawing its approval under 49 U.S.C. 41309 for an International Air Transport Association (“IATA”) agreement, the Provisions for the Conduct of the IATA Traffic Conferences, insofar as that agreement establishes conferences whereby IATA's member carriers discuss and agree upon passenger fares and cargo rates for U.S.-Australia/Europe markets. The withdrawal of approval will become effective on June 30, 2007. The Department's withdrawal of its approval for the agreement will end the agreement's immunity from the antitrust laws under 49 U.S.C. 41308 for conference discussions of fares and rates for the U.S.-Australia/Europe markets. This order makes final the tentative findings and conclusions set forth in the Department's show-cause order, Order 2006-7-3 (July 5, 2006). DATES: The withdrawal of approval will become effective on June 30, 2007. FOR FURTHER INFORMATION CONTACT: John Kiser, Pricing & Multilateral Affairs Division (X-43, Room 6424), U.S. Department of Transportation, 400 Seventh St, SW., Washington, DC 20590,
(202)366-2435; or Donald A. Horn, Assistant General Counsel for International Law (C-20, Room 10118), U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 20590,
(202)366-2972. Dated: March 30, 2007. Andrew B. Steinberg, Assistant Secretary for Aviation and International Affairs. [FR Doc. E7-6354 Filed 4-4-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Permanently Change the Use of Airport Property Currently Shown on the Airport Layout Plan From Aeronautical Property to Non-Aeronautical Property at the Boca Raton Airport, Boca Raton, FL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Request for public comment. SUMMARY: The Federal Aviation Administration is requesting public comment on Boca Raton Airport Authority's
(BRAA)request to change +/− 4.67 acres of airport property from aeronautical use to non-aeronautical use. The parcel in question is the last remaining parcel of aeronautical land available at the Boca Raton Airport. The property in question is on the east side of Airport Road and approximately 1 mile north of Glades Road between the Premiere leasehold and the Fairfield Inn leasehold. The BRAA intends to use the property to develop an office building and possible restaurant(s). Portions of the building would house BRAA office, while the remainder would be leased to third party tenants for revenue generation. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Airport Manager's office and the FAA Airport District Office. DATES: Comments must be received on or before May 7, 2007. ADDRESSES: Documents are available for review at the Airport Manager's office by contacting Mr. Ken A. Day, Airport Manager, 3700 Airport Road; Suite #305, Boca Raton, Florida 33431 or at
(541)391-2202. Documents are also available at the FAA Orlando Airport District Office by contacting Mr. Dean Stringer, Manager, 5950 Hazeltine National Drive; Suite 400, Orlando Florida 32822 or at
(407)812-6331, extension 117. Written comments on the Sponsor's request must be delivered or mailed, to: Mr. Miguel A. Martinez, Program Manager, 5950 Hazeltine National Drive; Suite 400, Orlando Florida 32822 or at
(407)812-6331, extension 123. FOR FURTHER INFORMATION CONTACT: Mr. Miguel A. Martinez, Program Manager, 5950 Hazeltine National Drive; Suite 400, Orlando Florida 32822 or at
(407)812-6331, extension 123. SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) requires the FAA to provide an opportunity for public notice and comment prior to the “waiver” or “modification” of a sponsor's Federal obligation to use certain airport land for aeronautical purposes. Currently the parcel is designated as Aviation Support on the Airport Layout Plan but does not have direct access to the taxiway/runway system. Aviation uses requiring airfield access to the taxiway/runway system may not be physically possible without obtaining easements across adjoining leased properties. W. Dean Stringer, Manager, Orlando Airports District Office, Southern Region. [FR Doc. 07-1664 Filed 4-4-07; 8:45 am]
Connectionstraces to 16
Traces to 16 documents
12 references not yet in our index
  • 17 CFR 240.19
  • 17 CFR 240.15
  • 17 CFR 240.17
  • 409 F.3d 93
  • 258 F.3d 93
  • 26 CFR 1.501(c)(3)
  • Pub. L. 87-256
  • 22 CFR 62
  • Pub. L. 104-319
  • Pub. L. 106-113
  • 26 CFR 1.501(c)
  • 22 CFR 6
Citation graph
cites case law
Notices
Notice of Order To Show Cause (Order 2007-3-24) Docket OST-2004-19518
U.S.C.§ 78s
U.S.C.§ 78c
U.S.C.§ 78f
C.F.R.§ 200.30-3
U.S.C.§ 552
U.S.C.§ 1
C.F.R.§ 1.17
C.F.R.§ 1.12
U.S.C.§ 78a
F. App'x409 F.3d 93
F. App'x258 F.3d 93
Cite17 CFR 240.19
Cites 28 · showing 12Cited by 0 across 0 sources
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