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Code · REGISTER · 2008-01-10 · U.S. Nuclear Regulatory Commission · Rules and Regulations

Rules and Regulations. Notice of Availability

14,910 words·~68 min read·/register/2008/01/10/08-58

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

BILLING CODE 7570-02-M NUCLEAR REGULATORY COMMISSION Notice of Availability of Interim Staff Guidance Documents for Spent Fuel Storage Casks AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Notice of Availability. FOR FURTHER INFORMATION CONTACT: Matthew Gordon, Structural Mechanics and Materials Branch, Division of Spent Fuel Storage and Transportation Division, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001. Telephone:
(301)492-3331; fax number:
(301)492-3342; e-mail: *mxg9@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission
(NRC)is preparing and issuing Revision 1 to the Interim Staff Guidance (ISG)-18 document for “The Design and Testing of Lid Welds on Austenitic Stainless Steel Canisters as Confinement Boundary for Spent Fuel Storage.” This ISG document provides clarifying guidance to the NRC staff when reviewing licensee integrated safety analyses, license applications or amendment requests, or other related licensing activities for dry cask storage systems under 10 CFR Part 72. The NRC is soliciting public comments on the Draft of ISG-18, Revision 1, which will be considered in the final version or subsequent revisions. II. Summary The purpose of this notice is to provide the public with an opportunity to review and comment on the Draft of ISG-18, Revision 1, “The Design and Testing of Lid Welds on Austenitic Stainless Steel Canisters as Confinement Boundary for Spent Fuel Storage.” III. Further Information Documents related to this action are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are provided in the following table. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room
(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Interim staff guidance documents ADAMS Accession No. Draft of Interim Staff Guidance-18, Revision 1 ML072410351 Draft of Interim Staff Guidance-18, Revision 1 Enclosed Sketches A&B ML072410352 These documents may also be viewed electronically on the public computers located at the NRC's PDR, O-1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Comments and questions on ISG-18, Revision 1, should be directed to Matthew Gordon, Structural Mechanics and Materials Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001 by February 25, 2008. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Comments can also be submitted by telephone, fax, or e-mail to the following: Telephone:
(301)492-3331; fax number:
(301)492-3331; e-mail: *mxg9@nrc.gov.* Dated at Rockville, Maryland this 3rd day of January, 2008. For the U.S. Nuclear Regulatory Commission. Christopher M. Regan, Chief, Structural Mechanics and Materials Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Materials Safety and Safeguards. [FR Doc. E8-269 Filed 1-9-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Submission for OMB Review; Comment Request for Review of a Revised Information Collection: RI 94-7 AGENCY: Office of Personnel Management. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management
(OPM)has submitted to the Office of Management and Budget
(OMB)a request for review of a revised information collection. RI 94-7, Death Benefit Payment Rollover Election for Federal Employees Retirement System (FERS), provides FERS surviving spouses and former spouses with the means to elect payment of FERS rollover-eligible benefits directly or to an Individual Retirement Arrangement. Approximately 3,444 RI 94-7 forms will be completed annually. The form takes approximately 60 minutes to complete. The annual burden is 3,444 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on
(202)606-8358, FAX
(202)418-3251 or via E-mail to *MaryBeth.Smith-Toomey@opm.gov.* Please include a mailing address with your request. DATES: Comments on this proposal should be received within 30 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to— Ronald W. Melton, Deputy Assistant Director Retirement Services Program, Center for Retirement and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3305, Washington, DC 20415-3500 and Brenda Aguilar, OPM Desk Officer, Office of Information & Regulatory Affairs, Office of Management and Budget, New Executive Office Building, NW., Room 10235, Washington, DC 20503. For Information Regarding Administrative Coordination— Contact: Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/Support Group,
(202)606-0623. U.S. Office of Personnel Management. Howard Weizmann, Deputy Director. [FR Doc. E8-215 Filed 1-9-08; 8:45 am] BILLING CODE 6325-38-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57089; File No. SR-CBOE-2007-143] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of Proposed Rule Change Pertaining to the Imposition of Fines for Minor Rule Violations January 3, 2008. 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 December 27, 2007, the Chicago Board Options Exchange, Incorporated (“CBOE” 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 prepared substantially by the CBOE. 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 Exchange proposes to amend CBOE Rule 17.50, “Imposition of Fines for Minor Rule Violations,” to revise the provisions of CBOE Rule 17.50(g)(8) “Violations of Exercise and Exercise Advice Rules for Noncash-Settled Equity Options.” The text of the proposed rule change is available on the Exchange's Web site ( *http://www.cboe.org/Legal* ), at the CBOE's principal office, 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 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 proposes to increase and strengthen the sanctions imposed by its Minor Rule Violation Plan (“MRVP”) on any member who fails to submit to the Exchange in a timely manner pursuant to CBOE Rule 11.1 (or a Regulatory Circular issued pursuant to CBOE Rule 11.1) “Advice Cancel” or exercise instruction relating to the exercise or nonexercise of a noncash-settled equity option. The Exchange believes that increasing the fine levels specified with respect to both individual members and member organizations, and lengthening the surveillance period from a 12-month period to a rolling 24-month period will serve as an effective deterrent to such violative conduct. In addition, the Exchange, as a member of the Intermarket Surveillance Group, as well as certain other self-regulatory organizations (“SROs”) executed and filed on October 29, 2007 with the Commission, a final version of an Agreement pursuant to section 17(d) of the Act (the “17d-2 Agreement”). 3 As set forth in the 17d-2 Agreement, the SROs have agreed that their respective rules concerning the filing of Expiring Exercise Declarations, also referred to as Contrary Exercise Advices, of options contracts, are common rules. As a result, the proposal to amend the CBOE's MRVP will further result in consistency in sanctions among the SROs that are signatories to the 17d-2 Agreement concerning Contrary Exercise Advice violations. 4 In addition, the proposed rule change replaces the term “infraction” with the term “violation” to provide greater consistency among the signatories to the 17d-2 Agreement concerning Contrary Exercise Advice violations. 3 *See* letter to Richard Holley, Senior Special Counsel, Division of Trading and Markets, Commission, from Nyieri Nazarian, Assistant General Counsel, American Stock Exchange LLC (“Amex”), dated October 29, 2007. 4 *See* Amex Rule 590. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act, 5 in general, and furthers the objectives of section 6(b)(5) of the Act, 6 in particular, in that it is designed to promote just and equitable principles of trade, facilitate transactions in securities, 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. Specifically, the Exchange believes that the proposed rule change will strengthen its ability to carry out its oversight responsibilities as an SRO and reinforce its surveillance and enforcement functions. Additionally, the Exchange believes that the proposed rule change will promote consistency in minor rule violations and respective SRO reporting obligations as set forth pursuant to Rule 19d-1(c)(2) under the Act, 7 which governs minor rule violation plans. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). 7 17 CFR 240.19d-1(c)(2). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE 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 neither solicited nor received comments on the proposal. 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 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-CBOE-2007-143 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-CBOE-2007-143. 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the CBOE. 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-CBOE-2007-143 and should be submitted on or before January 31, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-188 Filed 1-9-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57099; File No. SR-NASDAQ-2008-002] Self-Regulatory Organizations; the NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Nasdaq Stockholders' Agreement Between the Nasdaq Stock Market, Inc. and Borse Dubai Limited January 4, 2008. 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 2, 2008, the NASDAQ Stock Market LLC (the “Nasdaq Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared substantially by the Nasdaq Exchange. The Nasdaq Exchange filed the proposed rule change pursuant to section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it 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). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Nasdaq Exchange's parent corporation, The Nasdaq Stock Market, Inc. (“Nasdaq”), 5 proposes to enter into a Nasdaq Stockholders” Agreement (the “Agreement”) with Borse Dubai Limited (“Borse Dubai”). There is no proposed rule text. 5 On December 12, 2007, Nasdaq's stockholders voted to approve a change in its name from The Nasdaq Stock Market, Inc. to The NASDAQ OMX Group, Inc. The change will become effective upon the closing of the Transactions (as defined below). 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 Nasdaq 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 Nasdaq 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 On November 15, 2007, Nasdaq entered into definitive agreements with Borse Dubai and BD Stockholm AB, and with Borse Dubai and Dubai International Financial Exchange (“DIFX”) (the “Definitive Agreements”) pursuant to which
(i)Borse Dubai will acquire up to 100% of the outstanding share capital of OMX AB (“OMX”) by means of a public tender offer,
(ii)Borse Dubai will acquire shares of common stock of Nasdaq representing approximately 28% of its outstanding share capital, with the shares in excess of 19.9% held in a trust subject to an obligation to sell under certain conditions,
(iii)Nasdaq will acquire 33.3% of the outstanding share capital of DIFX, an exchange subsidiary of Borse Dubai, and
(iv)Nasdaq will acquire up to 100% of the outstanding share capital of OMX from Borse Dubai (collectively, the “Transactions”). 6 The shares held by Borse Dubai directly and in the trust will be subject to Article Fourth of Nasdaq's Restated Certificate of Incorporation, 7 which provides that no person who is the beneficial owner of voting securities of Nasdaq in excess of 5% of the then-outstanding shares of stock generally entitled to vote (“Excess Securities”) may vote such Excess Securities. 6 Copies of the Definitive Agreements and a description of their terms were filed by Nasdaq on Form 8-K on November 16, 2007 and are available at *http://www.sec.gov/Archives/edgar/data/1120193/000119312507249279/d8k.htm.* 7 As amended most recently on July 31, 2006. *See* Securities Exchange Act Release No. 53128 (January 13, 2006), 71 FR 3550 (January 23, 2006). At the time of the closing of the Transactions, Nasdaq and Borse Dubai will enter into the Agreement, under which, among other things, Borse Dubai will have the right to recommend two persons reasonably acceptable to the Nasdaq Nominating Committee (the “Board Designees”) to serve as directors of Nasdaq. Under the Agreement, Nasdaq will:
(i)Include the Board Designees on each slate of nominees proposed by management of Nasdaq;
(ii)recommend the election of the Board Designees to the stockholders of Nasdaq; and
(iii)otherwise use reasonable best efforts to cause the Board Designees to be elected to the Board of Directors. Nasdaq has also agreed to use reasonable best efforts to cause the appointment of one of the Board Designees to the Audit, Executive, Finance, and Management Compensation committees of the Board of Directors, and to cause the appointment of another person designated by Borse Dubai to serve on the Nominating Committee (the “Nominating Committee Designee”, and together with the Board Designees, the “Borse Dubai Designees”), but in each case only if such person meets the requirements for service on the committee. 8 8 These provisions relating to the Borse Dubai Designees remain in effect as long as Borse Dubai maintains at least 50% of its initial 19.9% direct investment in Nasdaq. As long as Borse Dubai maintains at least 25% of this investment, it will be entitled to propose one director for nomination, but will have no rights with regard to committees. The Agreement relates solely to the Board of Directors of Nasdaq, and not to the boards of any of its subsidiaries, including the Board of Directors of the Nasdaq Exchange. Nevertheless, the provisions of the Agreement described above could be considered a proposed rule change of the Nasdaq Exchange, if they were viewed as affecting the influence that a significant stockholder of Nasdaq might be seen as exercising over the business and affairs of the Nasdaq Exchange in its capacity as a wholly owned subsidiary of Nasdaq. In general, directors of Nasdaq, including the Board Designees, must be nominated by a Nominating Committee, 9 the composition of which is subject to the requirements of the Nasdaq By-Laws and Nasdaq Exchange Rule 4350, 10 and must then be elected by the stockholders of Nasdaq. The Nasdaq Board is currently composed of 13 members, but will be expanded to 16 members at the time of the closing of the Transactions. Thus, the Board Designees would represent 12.5% of the Nasdaq Board. 9 An exception to the requirement of nomination by the Nominating Committee exists for nominations by a stockholder who is conducting a proxy contest and who complies with the strict requirements of the Nasdaq By-Laws governing direct stockholder nomination. The Board Designees would not be nominated by Borse Dubai under these provisions. 10 Currently, the Nasdaq By-Laws provide that the Nominating Committee must be composed of directors in their final year of service on the Nasdaq Board or other persons who are not officers or employees of Nasdaq. Rule 4350, which governs Nasdaq as a company whose securities are listed on the Nasdaq Exchange, requires Nominating Committee members to satisfy the definition of “independence” in Nasdaq Exchange Rule 4200 and IM-4200 and to otherwise be deemed independent by the Nasdaq Board. In the future, Nasdaq may propose a by-law amendment to require all Nominating Committee members to be directors (with no limitation as to length of service), but Rule 4350 would continue to apply in that event. The committees that are the subject of the Agreement are subject to compositional requirements established by the Nasdaq By-Laws; moreover, the Audit, Management Compensation, and Nominating Committees are subject to independence requirements established by Nasdaq Exchange Rule 4350 and, in the case of the Audit Committee, by 10A-3 under the Act. 11 Thus, depending on the affiliations of the Borse Dubai Designees and the judgment of the Nasdaq Board with regard to their independence, they would not be eligible for service on these three committees. Each of these committees currently has between four and seven members. Upon the closing of the Transactions, the size of each committee would remain the same or grow to reflect the increased size of the whole Board. Thus, each of the committees on which a Borse Dubai Designee serves will include at least five directors. 11 17 CFR 240.10A-3. 2. Statutory Basis The Nasdaq Exchange believes that the proposed rule change is consistent with the provisions of section 6 of the Act, 12 in general, and with sections 6(b)(1) and (b)(5) of the Act, 13 in particular, in that the proposal enables the Nasdaq Exchange to be so organized as to have the capacity to be able to carry out the purposes of the Act and to comply with and enforce compliance by members and persons associated with members with provisions of the Act, the rules and regulations thereunder, and self-regulatory organization (“SRO”) rules, and is designed to prevent fraudulent and manipulative acts and practices, 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. 12 15 U.S.C. 78f. 13 15 U.S.C. 78f(b)(1), (5). B. Self-Regulatory Organization's Statement on Burden on Competition The Nasdaq Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. 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 Because the foregoing proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and public interest, it has become effective pursuant to section 19(b)(3)(A) of the Act 14 and Rule 19b-4(f)(6) thereunder. 15 14 15 U.S.C. 78s(b)(3)(A). 15 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) may not become operative prior to 30 days after the date of filing unless the Commission designates a shorter time if such action is consistent with the protection of investors and the public interest. 16 The Nasdaq Exchange has requested that the Commission waive the 30-day operative delay set forth in Rule 19b-4(f)(6)(iii) under the Act 17 to ensure that the filing is effective and therefore does not delay the commencement of the offer or the closing of the Transactions. The parties to the Transactions expect all regulatory actions necessary for the closing of the Transactions to be completed prior to Borse Dubai commencing its offer for OMX shares. The Commission believes that the earlier operative date is consistent with the protection of investors and the public interest. 16 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires that a SRO submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Commission notes that the Nasdaq Exchange has satisfied the five-day pre-filing notice requirement. 17 17 CFR 240.19b-4(f)(6)(iii). Accordingly, the Commission designates the proposal to be operative upon filing with the Commission. 18 18 For purposes only of waiving the 30-day operative delay of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 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-NASDAQ-2008-002 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-NASDAQ-2008-002. 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Nasdaq 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-NASDAQ-2008-002 and should be submitted on or before January 31, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 19 19 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-187 Filed 1-9-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57103; File No. SR-NYSEArca-2007-115] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of a Proposed Rule Change Relating to Rule 6.87—Obvious Error January 4, 2008. On November 8, 2007, NYSE Arca, Inc. (“NYSE Arca” 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 NYSE Arca Rule 6.87 governing obvious errors to revise the review procedure for contesting decisions made pursuant to the rule. The proposed rule change was published for comment in the **Federal Register** on November 27, 2007. 3 The Commission received no comment letters 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 Securities Exchange Act Release No. 56819 (November 19, 2007), 72 FR 66214. Currently, NYSE Arca Rule 6.87 provides that the Exchange will determine whether a transaction resulted from an “Obvious Error” 4 after it receives notification within the prescribed time frame. If the Exchange believes that an Obvious Error has occurred, the Exchange will adjust the price of the trade, with or without an adjustment penalty, or will nullify the trade, depending on the status of the parties to the trade. Currently, a party may appeal the Exchange's decision to the Exchange's Board of Directors (“Board”) pursuant to NYSE Arca Rule 10.14. 4 “Obvious Error” is defined in NYSE Arca Rule 6.87(a)(1). The Exchange proposes to eliminate a party's right to appeal to the Board and instead allow a party to appeal to an Obvious Error Panel (“OE Panel”). The OE Panel would be composed of the Exchange's Chief Regulatory Officer (“CRO”), or a designee of the CRO, 5 and representatives from two options trading permit firms (“OTP Firms”). 6 One OE Panel representative would be from an OTP Firm directly engaged in market making activities and one OE Panel representative would be from an OTP Firm directly engaged in the handling of options orders for public customers. 5 The Exchange represents that a designee of the CRO would be an employee of the Exchange, working closely with and reporting directly to, the CRO, such as one of the Directors of Options Regulation. 6 The Exchange proposes to designate at least ten OTP Firm representatives to be called upon to serve on the OE Panel. In no case would the OE Panel include a person related to a party to the trade in question. To the extent reasonably possible, the Exchange proposes to call upon the designated representatives to participate on an OE Panel on an equally frequent basis. In addition, requests for an appeal would have to be made via facsimile or e-mail within thirty minutes after the party requesting the appeal is given notification of the initial determination. Thereafter, the OE Panel would review the information and may overturn or modify the action previously taken by the Exchange. Such determination by the OE Panel would be considered a final action by the Exchange on the matter at issue. All final determinations made by the OE Panel would be rendered, without prejudice, as to the rights of the parties to the transaction to submit their dispute to arbitration. The revised process is intended to provide for a quicker resolution of appeal requests than the Board process currently governed by Rule 10.14. Further, if the OE Panel upholds the Exchange's decision made pursuant to Rule 6.87(a)(4) to nullify or adjust a trade, the Exchange would assess a $500.00 fee against the party or parties who initiated the request for appeal. The Exchange also proposes to amend Rule 10.14 to remove the reference to Rule 6.87 and amend Rule 6.87 to remove Commentary .02. 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 7 and, in particular, the requirements of section 6(b) of the Act 8 and the rules and regulations thereunder. Specifically, the Commission finds that the proposal is consistent with section 6(b)(5) of the Act, 9 in that the proposal is designed to promote just and equitable principles of trade, foster cooperation and coordination with persons engaged in facilitating transactions in securities, and remove impediments and perfect the mechanisms of a free and open market and to protect investors and the public interest. 7 In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(5). The Commission considers that in most circumstances trades that are executed between parties should be honored. On rare occasions, the price of the executed trade indicates an “obvious error” may exist, suggesting that it is unrealistic to expect that the parties to the trade had come to a meeting of the minds regarding the terms of the transaction. In the Commission's view, the determination of whether an “obvious error” has occurred and the process for reviewing such a determination should be based on specific and objective criteria and subject to specific and objective procedures. The Commission believes that the Exchange's proposal to create the OE Panel to review obvious error determinations of the Exchange, and to eliminate Board review of such determinations, is appropriate. The Commission believes that the OE Panel's review procedures are clear and objective and that the composition of the OE Panel is designed to be balanced and fair. *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, 10 that the proposed rule change (SR-NYSEArca-2007-115), as amended, is hereby approved. 10 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-255 Filed 1-9-08; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11142 and #11143] Massachusetts Disaster Number MA-00012 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the Commonwealth of Massachusetts dated 12/27/2007. *Incident:* Apartment Fire. *Incident Period:* 12/14/2007. *Effective Date:* 12/27/2007. *Physical Loan Application Deadline Date:* 02/25/2008. *Economic Injury
(EIDL)Loan Application Deadline Date:* 09/27/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Essex. *Contiguous Counties:* Massachusetts, Middlesex, Suffolk, New Hampshire, Hillsborough, Rockingham. *The Interest Rates are:* Percent Homeowners With Credit Available Elsewhere 5.875. Homeowners Without Credit Available Elsewhere 2.937. Businesses With Credit Available Elsewhere 8.000. Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000. Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250. Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000. The number assigned to this disaster for physical damage is 11142 5 and for economic injury is 11143 0. The States which received an EIDL Declaration # are: Massachusetts, New Hampshire. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: December 27, 2007. Steven C. Preston, Administrator. [FR Doc. E8-283 Filed 1-9-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11122 and #11123] Oregon Disaster Number OR-00023 AGENCY: U.S. Small Business Administration. ACTION: Amendment 4. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Oregon (FEMA-1733—DR), dated 12/09/2007. *Incident:* Severe Storms, Flooding, Landslides, And Mudslides. *Incident Period:* 12/01/2007 Through 12/17/2007. *Effective Date:* 12/21/2007. *Physical Loan Application Deadline Date:* 02/07/2008. *EIDL Loan Application Deadline Date:* 09/09/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Oregon, dated 12/09/2007 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* Washington. All other counties contiguous to the above named primary county have previously been declared. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E8-284 Filed 1-9-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11122 and #11123] Oregon Disaster Number OR-00023 AGENCY: U.S. Small Business Administration. ACTION: Amendment 3. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Oregon (FEMA-1733-DR), dated 12/09/2007. *Incident:* Severe Storms, Flooding, Landslides, And Mudslides. *Incident Period:* 12/01/2007 And Continuing Through 12/17/2007. *Effective Date:* 12/17/2007. *Physical Loan Application Deadline Date:* 02/07/2008. *EIDL Loan Application Deadline Date:* 09/09/2008. ADDRESSES: *Submit completed loan applications to:* U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for the State of Oregon, dated 12/09/2007 is hereby amended to establish the incident period for this disaster as beginning 12/01/2007 and continuing through 12/17/2007. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008). James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E8-285 Filed 1-9-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11124 and #11125] Washington Disaster Number WA-00015 AGENCY: U.S. Small Business Administration. ACTION: Amendment 4. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Washington (FEMA-1734-DR), dated 12/09/2007. *Incident:* Severe Storms, Flooding, Landslides, and Mudslides. *Incident Period:* 12/01/2007 Through 12/17/2007. *Effective Date:* 12/21/2007. *Physical Loan Application Deadline Date:* 02/07/2008. *EIDL Loan Application Deadline Date:* 09/09/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Washington, dated 12/09/2007 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* King, Snohomish. *Contiguous Counties:* Washington, Chelan, Island, Kittitas, Skagit. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E8-289 Filed 1-9-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional “peg” rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. This rate will be 4.750 (4 3/4 ) percent for the January-March quarter of FY 2008. Pursuant to 13 CFR 120.921(b), the maximum legal interest rate for any third party lender's commercial loan which funds any portion of the cost of a 504 project (see 13 CFR 120.801) shall be 6% over the New York Prime rate or, if that exceeds the maximum interest rate permitted by the constitution or laws of a given State, the maximum interest rate will be the rate permitted by the constitution or laws of the given State. Walter C. Intlekofer, Acting Director, Office of Financial Assistance. [FR Doc. E8-291 Filed 1-9-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11145] Missouri Disaster Number MO-00019 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Missouri (FEMA-1736-DR), dated 12/27/2007. *Incident:* Severe Winter Storms. *Incident Period:* 12/06/2007 and Continuing. *Effective Date:* 12/27/2007. *Physical Loan Application Deadline Date:* 2/25/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 12/27/2007, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Adair, Andrew, Atchison, Audrain, Barton, Benton, Boone, Buchanan, Caldwell, Callaway, Camden, Cedar, Clinton, Cole, Dade, Daviess, Dekalb, Gentry, Grundy, Harrison, Hickory, Holt, Jasper, Lincoln, Linn, Mcdonald, Mercer, Miller, Moniteau, Montgomery, Morgan, Newton, Nodaway, Osage, Pike, Putnam, Saint Clair, Schuyler, Scotland, Sullivan, Warren, Worth. The Interest Rates are: Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses And Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11145. (Catalog of Federal Domestic Assistance Number 59008). James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E8-286 Filed 1-9-08; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 6057] Determination Pursuant to Section 1(b) of Executive Order 13224 Relating to the Designation of the Teyrebazen Azadiya Kurdistan aka TAK aka Kurdistan Freedom Hawks aka The Freedom Hawks of Kurdistan Acting under the authority of and in accordance with section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, I hereby determine that the organization known as Teyrebazen Azadiya Kurdistan (aka TAK, aka Kurdistan Freedom Hawks, aka The Freedom Hawks of Kurdistan) has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States. Consistent with the determination in section 10 of Executive Order 13224 that “prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously,” I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order. This notice shall be published in the **Federal Register** . Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E8-274 Filed 1-9-08; 8:45 am] BILLING CODE 4710-10-P DEPARTMENT OF STATE [Public Notice 6054] Bureau of Educational and Cultural Affairs
(ECA)Request for Grant Proposals: Chilean English as a Foreign Language
(EFL)Student Teacher Program *Announcement Type:* New Cooperative Agreement. *Funding Opportunity Number:* ECA/A/L-08-01. *Catalog of Federal Domestic Assistance Number:* 00.000. *Key Dates:* (Pending availability of funds) *Anticipated Grant Start Date:* May 5, 2008. *Anticipated Program Start Date:* August 2008. *Anticipated Grant End Date:* February 28, 2009. *Application Deadline:* March 13, 2008. *Executive Summary:* The Office of English Language Programs of the Bureau of Educational and Cultural Affairs announces an open competition for the Chilean English as a Foreign Language
(EFL)Student Teacher Program. Accredited, U.S. post-secondary educational institutions meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to administer this semester-long program for Chilean pre-service teachers. Post-secondary educational institutions may apply independently or in a consortium with other post-secondary institutions. The program will include academic coursework and practicum/student teaching for Chilean EFL student teachers in their penultimate year of undergraduate study. ECA plans to award two grants for the administration of this program under which a total of approximately thirty EFL student teachers will be placed in two groups at two different U.S. universities. The program will take place during the fall semester of 2008 and will, in addition to teaching participants about student-centered methodology, give them an in-depth experience of U.S. life and culture and contribute to mutual understanding between Chile and the United States. The program should include both a theoretical component, provided through courses and professional development seminars in an academic setting, and a practical component, provided through practice teaching under the guidance of experienced mentor teachers in local school districts. Interested post-secondary educational institutions should indicate strong contacts with local U.S. school districts in order to provide the practical student-teaching component, as well as a demonstrated ability to conduct a substantive academic program. Host schools for student teaching may be public, magnet or charter schools, and should exemplify best practices. The total funding available for program and administrative purposes is anticipated to be approximately $450,000, and will be awarded in two separate grants of $225,000. This exchange program will be funded in FY-2008 pending the availability of funds. 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 The Chilean EFL Student Teacher Program is designed to assist Chile in its goal of becoming a bilingual society. The people of the United States and Chile enjoy a particularly close relationship, nurtured by longstanding and strong cultural, diplomatic and commercial ties. As leading members of the Organization of American States
(OAS)and the Asian-Pacific Economic Cooperation
(APEC)inter-governmental forum, the governments of the U.S. and Chile share a common commitment to democracy and sustainable economic growth, and work together to the mutual benefit of their citizens and neighbors. The Chilean educators participating in this exchange program will prepare their future students to live in an increasingly interdependent world, and the exchange experience will provide a basis for the educators' continuing contact with U.S. counterparts in order to promote mutual understanding between the U.S. and Chile. The program will bring a total of approximately thirty EFL student teachers in their penultimate year of undergraduate study at Chilean universities and place them in two clusters at different U.S. universities. The student teachers will be selected by a panel of U.S. and Chilean members in Chile to create a diverse group in terms of their home regions in Chile, gender, and socio-economic background. The semester-long program will take place from August 2008 to December 2008. During the program, participants will learn about student-centered English teaching through special seminars, enrollment in regular university courses and practice teaching. The program will prepare the student teachers to teach in the subject field of English as a Foreign Language. Following their program, the students will return to their home institutions for additional study before starting careers as high school English teachers in Chile. The program should encompass the following elements:
(1)Grantee organization participation in the pre-departure orientation in Chile organized by the Chilean Government;
(2)Orientation upon arrival at university;
(3)Instruction in English language as needed;
(4)Intensive education in relevant subjects and teaching methodologies through a variety of courses within the host university's school of education or other departments (participants will select courses based on their individual goals and interests);
(5)Enrollment in a specially designed group seminar on teaching strategies for their home environments and educational leadership;
(6)Participation in a substantial three-week practice teaching component to engage participants actively with the American classroom environment. a. Host universities should recruit school districts to host groups for internships based on brief proposals from the school districts, outlining their interest, their understanding of the program goals, examples of their best practices, and a commitment to mentoring. b. School districts should be within easy driving distance of the host university, and should be capable of introducing participants to more than one approach to teaching (for example, inquiry, active classroom, group projects, etc.).
(7)Cultural and community service activities to encourage interaction and mutual understanding between Chileans and U.S. peers and citizens;
(8)Travel to Washington, DC during the second half of the program for a three- to four-day workshop including visits to the Department of State, cultural sites, and relevant educational organizations. Applicants should outline how host school districts will be selected and how teachers will collaborate with schools and local communities. Applicant organizations should submit a narrative outlining a comprehensive strategy for the administration and implementation of the program. The narrative should include a design for the program, and a plan for monitoring the student teachers' academic and professional programs. The comprehensive program strategy should reflect a vision for the initiative as a whole, interpreting the goals of the Chilean EFL Student Teacher Program with creativity, as well as providing innovative ideas for the program. The strategy should include a description of how the various components of the program will be integrated to build upon and reinforce one another. II. Award Information *Type of Award:* Cooperative Agreement. *Fiscal Year Funds:* 2008. *Approximate Total Funding:* $450,000 (pending availability of funds). *Approximate Number of Awards:* 2. *Approximate Average Award:* $225,000. *Anticipated Award Date:* Pending availability of funds, April 7, 2008. *Anticipated Project Completion Date:* December 2008. 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 cooperative agreement 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 the highest possible 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, the grantee must maintain written records to support all costs which are claimed as its 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 the grantee does 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)Grants awarded to eligible organizations with less than four years of experience in conducting international exchange programs are limited to $60,000. ECA anticipates awarding two grants, in an amount up to $225,000 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 Eran Williams, Branch Chief for Programs in the Office of English Language Programs, ECA/A/L, room 304, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, telephone
(202)453-8843, or fax
(202)453-8858 to request a Solicitation Package. Please refer to the Funding Opportunity Number ECA/A/L-08-1 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 Eran Williams and refer to the Funding Opportunity Number ECA/A/L-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, and the 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 places critically important emphases on the security and proper administration of the 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 U.S. 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 the 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 each 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. The evaluation plan should include a description of the project's objectives, anticipated project outcomes, and how and when the applicant will 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. The 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 applicants 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 the 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. *Describe your plans for:* i.e. sustainability, overall program management, staffing, coordination with ECA and PAS or any other requirements etc. *IV.3e.* Applicants should take the following information into consideration when preparing their budgets: *IV.3e.1.* Applicants must submit a comprehensive budget for the entire program. 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. *IV.3e.2.* Allowable costs for the program include the following:
(1)Practice teaching host schools administrative costs
(2)Seminars and debriefing costs
(3)Cultural activities
(4)Book allowance/shipping
(5)Grantee administrative costs
(6)Tuition (Please explain how you will ensure cost-effective arrangements based on non-credit enrollment and/or other methods according to formulas that can be protected from increases in tuition rates). The Chilean government will provide a student maintenance package that will cover housing, meals and incidentals as well as international transportation to the host universities and from Washington, DC. *IV.3f.* Application Deadline and Methods of Submission. *Application Deadline Date:* Thursday, March 13, 2008. *Reference Number:* ECA/A/L-08-01. *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.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 an applicant 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 4 copies of the application should be sent to: U.S. Department of State, SA-44, Bureau of Educational and Cultural Affairs, Ref.: ECA/A/L—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) or Microsoft Word format on a PC-formatted disk. The Bureau will provide these files electronically to the appropriate Public Affairs Section(s) at the U.S. embassy for its 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 an applicant's internet connection. Therefore, we strongly recommend that an applicant 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 an applicant 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 An applicant 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 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. *Quality of the program idea:* Proposals should exhibit originality, substance, precision, and relevance to the Bureau's mission. 2. *Program planning:* 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. 3. *Ability to achieve program objectives:* Objectives should be reasonable, feasible, and flexible. Proposals should clearly demonstrate how the institution will meet the program's objectives and plan. 4. *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. 5. *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). 6. *Institutional Capacity:* Proposed personnel and institutional resources should be adequate and appropriate to achieve the program or project's goals. 7. *Institution's Record/Ability:* 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. 8. *Follow-on Activities:* Proposals should provide a plan for continued follow-on activity (without Bureau support) ensuring that Bureau supported programs are not isolated events. 9. *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 to use to link outcomes to original project objectives is recommended. 10. *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. 11. *Cost-sharing:* Proposals should maximize cost-sharing through other private sector support as well as institutional direct funding contributions. 12. *Value to U.S.-Partner Country Relations:* Proposed projects should receive positive assessments by the U.S. Department of State's geographic area desk and overseas officers of program need, potential impact, and significance in the partner country(ies). 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: The grantee must provide ECA with a hard copy original plus one copy of a final program and financial report no more than 90 days after the expiration of the award; 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. *Optional 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: Eran Williams Office of English Language Programs, ECA/A/L, room 304, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547,
(202)453-8843 and fax
(202)453-8858, *WilliamsEM2@state.gov.* All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/A/L-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: December 20, 2007. C. Miller Crouch, Acting Assistant Secretary for Educational and Cultural Affairs, U.S. Department of State, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E8-299 Filed 1-9-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Transfer of Federally Assisted Land or Facility AGENCY: Federal Transit Administration, DOT. ACTION: Notice of intent to transfer Federally assisted land or facility. SUMMARY: Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, *et seq.* , permits the Administrator of the Federal Transit Administration
(FTA)to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal agencies that the City of Kenosha
(City)intends to transfer a facility located at 3735 65th Street, Kenosha, Wisconsin, to the Public Works Department of the City of Kenosha (Public Works) for the operation of their Street Department Division of Public Works. The City owns the land that the facility sits on and the land purchase was funded with local money. Therefore, FTA has no interest in the land. There is no access to the facility except through the City's property. Any other public agency other than those under the City would have to acquire access to the facility which would prove costly. They would also have to negotiate a lease with the City for the use or possible purchase of the land. The facility is a single story, light industrial/municipal building. DATES: *Effective Date:* Any Federal agency interested in acquiring the facility must notify the FTA Region V Office of its interest by February 15, 2008. ADDRESSES: Interested parties should notify the Regional Office by writing to Marisol Simón, Regional Administrator, Federal Transit Administration, 200 West Adams, Suite 320, Chicago, IL 60606. FOR FURTHER INFORMATION CONTACT: Rhonda Reed, Deputy Regional Administrator at 312/353-2789. SUPPLEMENTARY INFORMATION: Background 49 U.S.C. 5334(h) provides guidance on the transfer of capital assets. Specifically, if a recipient of FTA assistance decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which it was acquired, the Secretary of Transportation may authorize the recipient to transfer the asset to a local governmental authority to be used for a public purpose with no further obligation to the Government. 49 U.S.C. 5334(h)(1) *Determinations:* The Secretary may authorize a transfer for a public purpose other than mass transportation only if the Secretary decides:
(A)The asset will remain in public use for at least 5 years after the date the asset is transferred;
(B)There is no purpose eligible for assistance under this chapter for which the asset should be used;
(C)The overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
(D)Through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land. Federal Interest in Acquiring Land or Facility This document implements the requirements of 49 U.S.C. 5334(h)(1)(D) of the Federal Transit Laws. Accordingly, FTA hereby provides notice of the availability of the land or facility further described below. Any Federal agency interested in acquiring the affected facility should promptly notify the FTA. If no Federal agency is interested in acquiring the existing facility, FTA will make certain that the other requirements specified in 49 U.S.C. Section 5334(h)(1)(A) through
(C)are met before permitting the asset to be transferred. Additional Description of Facility The facility is a single story light industrial/municipal building which is part of a small municipal owner facility that is located just east of 39th Avenue and just south of 65th Street. It is an industrial zoned parcel that has access from 65th Street. It abuts the Union Pacific Railroad track along its southern lot line but does not have direct access to the rail. The facility is situated within the western portion of Kenosha County, adjacent to the southwestern limits of the City. The general neighborhood is mainly single-family residential sites. It also includes some urban properties, as the township-city boundary meanders through the area. The immediate area is more suburban in nature and centers around the intersection of 60th Street (County Trunk Highway K) and State Trunk Highway 31. These two streets provide excellent access to the City of Kenosha and good access to the City of Racine, located six miles north, Interstate 94 which is three miles west and to the State of Illinois which is five miles south. The facility has municipal water, sanitary sewer, curb gutter, gas and electric. Cable and phone service are also available to the site. The facility consists of three parts, the main building, a small wash-bay and a rear-addition. Each is of masonry exterior with steel interior supports, steel decking and concrete slab foundation. It is rectangular in shape with dimensions of 135-feet by 120-feet. The rear addition is 39-feet by 100-feet with the wash-bay being 22-feet by 127-feet. The main portion of the facility is a light industrial space that was used as a municipal storage garage. The garage has seven overhead truck doors off the eastern elevation and five off the west. The southern wash-bay has one overhead door on the east and one on the west. The majority of the building is the garage and shop area that is unfinished with concrete flooring and open steel-beams. The southwestern corner of the facility houses a small office area and employee locker room and lunchroom. The office area is roughly 3,665-square feet of modest finished area with the wash-bay being 2,794-feet. The gross building area is approximately 23,934-square feet. The facility is heated with suspended gas-fired forced air heaters. The office and employee areas have central air conditioning. Electric service is a 600 amp main with step down circuit breakers. 40-gallon Rheem gas water heaters provide hot water. The entire facility is covered with an interior sprinkler system. Issued on: January 7, 2008. Rhonda Reed, Deputy Regional Administrator. [FR Doc. E8-281 Filed 1-9-08; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION Maritime Administration Assistance to Small Shipyards Grant Program AGENCY: Maritime Administration, Department of Transportation, Office of Shipyards and Marine Financing. ACTION: Notice of Establishment of New Grant Program. *Catalog of Federal Domestic Assistance Number:* 20.814. FOR FURTHER INFORMATION CONTACT: Jean E. McKeever, Associate Administrator for Business and Workforce Development, Maritime Administration, 1200 New Jersey Ave., SE., Washington, DC 20590; phone:
(202)366-5737; fax:
(202)366-3511; or e-mail: *jean.mckeever@dot.gov.* *Key Dates:* The period for submitting grant applications, as mandated by statute, commenced on December 27, 2007, and will terminate on February 25, 2008. The applications must be received by the Maritime Administration by 5 p.m. EST on February 25, 2008. Applications received later than this time will not be considered. The Maritime Administrator intends to award grants no later than April 24, 2008. *Funding Opportunity:* Section 3506 of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163) and the section entitled “Assistance to Small Shipyards” in the Consolidated Appropriations Act, 2008, provides that the Maritime Administration shall establish an assistance program for small shipyards. Under this program, there is currently an aggregate of $10,000,000 available for grants for capital improvements, and related infrastructure improvements at qualified shipyards that will facilitate the efficiency, cost-effectiveness, and quality of domestic ship construction for commercial and Federal Government use. Such grants may not be used to construct buildings or other physical facilities or to acquire land unless such use is specifically approved by the Administrator as being consistent with and supplemental to capital and related infrastructure improvements. *Award Information:* The Maritime Administration intends to award the full amount of the available funding through grants to the extent that there are worthy applications. There is no dollar limitation on the amount of a grant for which application may be made; however, the Maritime Administration will seek to obtain the maximum benefit from the available funding by awarding grants for as many of the most worthy projects as possible. The start date and period of performance for each award will depend on the specific project and must be agreed to by the Maritime Administration. *Eligibility Information:* 1. Eligible Applicants—The statutes referenced in “Funding Opportunity” above, when read together, provide that either shipyards or State or local governments on behalf of shipyards can apply for grants. The shipyard for which a grant is sought must be one in a single geographical location, located in or near a maritime community, that
(1)is a small business concern (within the meaning of section 3 of the Small Business Act (15 U.S.C. 632); and
(2)does not have more than 600 production employees. 2. Other Considerations in Making Awards—In providing grants, the Administrator shall take into account
(a)the economic circumstances and conditions of the maritime community near to which a shipyard is located; and
(b)the local, State and regional economy in which such community is located. *Matching Requirements:*
(1)Except as provided in paragraph
(2)below, Federal funds for any eligible project shall not exceed 75 percent of the total cost of such project. The remaining portion of the cost shall be paid in funds from or on behalf of the awardee. The applicant will be required to submit detailed financial statements and any necessary supporting documentation demonstrating how and when such matching requirement is proposed to be funded.
(2)Exceptions—
(A)Small Projects.—Paragraph
(1)shall not apply to grants for stand-alone projects costing not more than $26,075. The amount under this subparagraph shall be indexed to the consumer price index and modified each fiscal year after the annual publication of the consumer price index.
(B)Reduction in Matching Requirement.—If the Administrator determines that a proposed project merits support and cannot be undertaken without a higher percentage of Federal financial assistance, the Administrator may award a grant for such project with a lesser matching requirement than is described in paragraph (1). *Application:* An application should be filed on Form SF-424 which can be found on the internet at *Grants.gov* . (Although the form is available electronically, we request that the application be filed in hard copy as indicated below due to the amount of information requested.) In order to allow us to evaluate whether an applicant meets the statutory criteria, the application for a grant should also provide the following information as an addendum to Form SF-424— 1. Unique identifier of entity's parent company (when applicable): Data Universal Numbering System
(DUNS)(when applicable). 2. Shipyard company officer's certification or certification by an appropriate State or local government official, as applicable, as to shipyard's compliance with the following requirements:
(a)The shipyard for which a grant is sought is located in a single geographical location in or near a maritime community;
(b)The shipyard is a small business concern (within the meaning of section 3 of the Small Business Act (15 U.S.C. 632); and
(c)The shipyard has no more than 600 production employees. 3. A comprehensive description of the project. 4. A comprehensive description of the need for the project and how the project will facilitate the efficiency, cost-effectiveness, and quality of domestic ship construction for commercial and Federal Government use. 5. A detailed itemization of the cost of the project together with any supporting documentation. 6. If a matching requirement is necessary for the requested grant, detailed financial statements together with any supporting documentation demonstrating how and when such matching requirement is proposed to be funded. 7. Most recent audited financial statements. 8. Detailed methodology and timeline for implementing the project. 9. Shipyard company officer's certification or certification by an appropriate State or local government official, as applicable, that the grant recipient has the authority to carry out the proposed project. 10. Any existing programs or arrangements that can be used to supplement or leverage the federal grant assistance. 11. Information concerning
(a)the economic circumstances and conditions of the maritime community near to which the shipyard is located; and
(b)the local, State, and regional economy in which such community is located. 12. Applicant must submit a certification in accordance with the Department of Transportation's regulation restricting lobbying, 49 CFR Part 20, that the applicant has not, and will not, make any prohibited payments out of the requested grant. Additional information may be requested as deemed necessary by the Maritime Administration in order to facilitate and complete its review of the application. If such information is not provided, the Maritime Administration may deem the application incomplete and cease processing it. *Where To File Application:* An original copy of the application together with six additional copies shall be submitted to Jean E. McKeever, Associate Administrator for Business and Workforce Development, Room W21-318, Maritime Administration, 1200 New Jersey Ave., SE., Washington, DC 20590. *Evaluation of Applications:* The Administrator will evaluate the applications on the basis of the economic information provided and in terms of how well the project for which a grant is requested will facilitate the efficiency, cost-effectiveness, and quality of domestic ship construction for commercial and Federal Government use. The Administrator will award grants in his sole discretion in such amounts and under such conditions for those projects he determines will best further the statutory purposes of the small shipyard program. *Conditions Attached To Awards:* The grant agreement will set out the records to be maintained by the awardee which must be available for review and audit by the Administrator, as well as any other conditions and requirements. (Authority: 49 CFR 1.66) Dated: January 2, 2008. By Order of the Maritime Administrator. Murray A. Bloom, Acting Secretary, Maritime Administration. [FR Doc. E8-216 Filed 1-9-08; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Release of Waybill Data The Surface Transportation Board has received a request from Baker & Miller PLLC on behalf of the Kansas City Southern (WB595-5—1/3/2008) for permission to use certain data from the Board's 2006 Carload Waybill Sample. A copy of the requests may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board's Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. *Contact:* Mac Frampton,
(202)245-0317. Anne K. Quinlan, Acting Secretary. [FR Doc. E8-209 Filed 1-9-08; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Release of Waybill Data The Surface Transportation Board has received a request from Covington & Burling on behalf of Union Pacific Corporation (WB468-9—1/3/08), for permission to use certain data from the Board's 2006 Carload Waybill Sample. A copy of the request may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board's Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. *Contact:* Mac Frampton,
(202)245-0317. Anne K. Quinlan, Acting Secretary. [FR Doc. E8-218 Filed 1-9-08; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Bureau of the Public Debt Proposed Collection: Comment Request ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the Disclaimer and Consent with Respect to United States Savings Bonds/Notes. DATES: Written comments should be received on or before March 12, 2008, to be assured of consideration. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Brian Lallemont, 200 Third Street, Avery 4-A, Parkersburg, WV 26106-5312, or e-mail to *Brian.Lallemont@bpd.treas.gov.* FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Brian Lallemont, Bureau of the Public Debt, 200 Third Street, Avery 4-A, Parkersburg, WV 26106-5312,
(304)480-8108. SUPPLEMENTARY INFORMATION: *Title:* Disclaimer and Consent With Respect to United States Savings Bonds/Notes. *OMB Number:* 1535-0113. *Form Number:* PD F 1849. *Abstract:* The information is requested when the requested savings bonds/notes transaction would appear to affect the right, title or interest of some other person. *Current Actions:* None. *Type of Review:* Extension. *Affected Public:* Individuals or households. *Estimated Number of Respondents:* 7,000. *Estimated Time per Respondent:* 6 minutes. *Estimated Total Annual Burden Hours:* 700. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance quality, utility, and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: January 3, 2008. Brian Lallemont, Records Management Program Manager. [FR Doc. 08-58 Filed 1-9-08; 8:45 am]
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