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Code · REGISTER · 2008-03-05 · National Institutes of Health, Public Health Service, HHS · Rules and Regulations

Rules and Regulations. Notice

46,556 words·~212 min read·/register/2008/03/05/08-953

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BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases: Licensing Opportunity and Cooperative Research and Development Agreement (“CRADA”) Opportunity; Live Attenuated Vaccine To Prevent Disease Caused by West Nile Virus AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The National Institute of Allergy and Infectious Diseases (NIAID) of the NIH is seeking licensees and/or CRADA partners to further develop, evaluate, and commercialize modified West Nile virus
(WNV)chimeras as a live attenuated vaccine against infections of WNV in humans. NIAID is also seeking licensees to commercialize modified WNV chimeras as live attenuated veterinary vaccines against infections of WNV in animals. DATES: Respondents interested in licensing the invention will be required to submit an “Application for License to Public Health Service Inventions” on or before June 3, 2008 for priority consideration. Interested CRADA collaborators must submit a confidential proposal summary to the NIAID (attention Percy S. Pan at the address mentioned below) on or before June 3, 2008 for consideration. Guidelines for preparing full CRADA proposals will be communicated shortly thereafter to all respondents with whom initial confidential discussions will have established sufficient mutual interest. CRADA and PHS License Applications submitted thereafter may be considered if a suitable CRADA collaborator or Licensee(s) has not been selected. ADDRESSES: Questions about licensing opportunities should be addressed to Peter Soukas, J.D., Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804, Telephone:
(301)435-4646 ; Facsimile:
(301)402-0220; E-mail: *soukasp@mail.nih.gov* . Information about Patent Applications and pertinent information not yet publicly described can be obtained under the terms of a Confidential Disclosure Agreement. Respondents interested in licensing the invention will be required to submit an “Application for License to Public Health Service Inventions.” Depending upon the mutual interests of the Licensee(s) and the NIAID, a CRADA to collaborate to develop WNV vaccines in humans may also be negotiated. Proposals and questions about this CRADA opportunity should be addressed to Percy S. Pan, Technology Development Associate, Office of Technology Development, NIAID, 6610 Rockledge Drive, Room 4071, Bethesda, MD 20892-6606, Telephone:
(301)451-3523; E-mail: *panp@niaid.nih.gov* . Respondents interested in submitting a CRADA Proposal should be aware that it may be necessary to secure a license to the above-mentioned patent rights in order to commercialize products arising from a CRADA. SUPPLEMENTARY INFORMATION: WNV has recently emerged in the U.S. and is considered a significant emerging disease that has embedded itself over a considerable region of the U.S. WNV infections have been recorded in humans as well as in different animals. To date, WNV has killed 294 people in the U.S. and caused severe disease in more than 4222 others. This project is part of NIAID's comprehensive emerging infectious disease program, which supports research on bacterial, viral, and other types of disease-causing microbes. The methods and compositions of this invention provide a means for prevention of WNV infection by immunization with attenuated, immunogenic viral vaccines against WNV. The invention involves a chimeric virus form consisting of parts of WNV and Dengue virus. Construction of the hybrids and their properties are described in detail in PNAS, Pletnev AG et al., 2002; 99(5):3036-3041. The WNV chimeric vaccine does not target the central nervous system, which would be the case in an infection with wild type WNV. The vaccine stimulates strong anti-WNV immune responses, even following a single dose of the vaccine. When injected into mice, the vaccine protected all of the immunized animals from subsequent exposure to the New York WNV strain. The vaccine was also effective in primates. Researchers intend to begin human trials in late 2003. The WNV vaccine may be used to protect the human population, particularly the elderly people, and domestic animals from WNV infection in the affected regions of the U.S. as well as worldwide. The invention claimed in HHS Reference No. E-357-2001/1-US-02, “Construction of West Nile Virus and Dengue Virus Chimeras for Use in a Live Virus Vaccine to Prevent Disease Caused by West Nile Virus” AG Pletnev *et al.* ), U.S. Patent Application No. 10/871,775, filed June 18, 2004, is available for exclusive or non-exclusive licensing for developing a vaccine against WNV for humans or veterinary use in accordance with 35 U.S.C. 207 and 37 CFR Part 404. NIAID is also interested in further development of the technology under one or more CRADAs in the human applications described below. Under the CRADA the production of WNV vaccines for humans will be optimized and the vaccine evaluated in a series of clinical studies in humans as well as initial safety testing in humans. Positive outcomes of these studies will indicate continued clinical development aimed at supporting regulatory approval of a product to be labeled for use in humans. The Public Health Service
(PHS)has filed patent applications both in the U.S. and internationally related to this technology. Notice of the availability of the patent application for licensing was first published in the **Federal Register** on May 2, 2002 (67 FR 22093). NIAID's principal investigator has extensive experience with live attenuated vaccines, their production and testing, and clinical trials. The Collaborator in this endeavor is expected to assist NIAID in evaluating its current system for producing the WNV chimeras claimed in the patent applications and to develop and optimize an alternative production method, if necessary, to manufacture sufficient quantities of the vaccine for clinical testing in humans and initial safety studies in humans. The Collaborator must have experience in the manufacture of live attenuated vaccines according to applicable FDA guidelines and Points to Consider documents to include Good Manufacturing Procedures (GMP). In addition, it is expected that the Collaborator would provide funds to supplement the LID's research budget for the project and to support the initial human testing. The capability statement should include detailed descriptions of:
(1)Collaborator's expertise in the production of live attenuated vaccines,
(2)Collaborator's ability to manufacture sufficient quantities of the vaccine according to FDA guidelines and Points to Consider documents,
(3)the technical expertise of the Collaborator's principal investigator and laboratory group in preclinical safety testing (e.g., expertise in *in vitro* and *in vivo* toxicity and pharmacology studies) and initial human safety studies, and
(4)Collaborator's ability to provide adequate funding to support initial human safety studies required for marketing approval. Dated: February 25, 2008. Michael Mowatt, Director, Office of Technology Development, National Institute of Allergy and Infectious Diseases, National Institutes of Health. Dated: February 26, 2008. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-4193 Filed 3-4-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: The Development of Human Therapeutics for the Treatment of Cancer AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR part 404.7(a)(1)(i), that the National Institutes of Health, Department of Health and Human Services, is contemplating the grant of an exclusive patent license to practice the inventions embodied in U.S. Patent 5,167,956 entitled “Immunotoxin with in-vivo T-Cell suppressant activity and Methods of Use” [HHS Ref. E-012-1991/0-US-01], U.S. Patent Application 60/037,196 entitled “Novel Vectors and Expression Methods for Producing Mutant Proteins” [HHS Ref. E-043-1997/0-US-01], U.S. Patent Application 60/039,987 entitled “Novel Immunotoxins and Methods of Inducing Immune Tolerance” [HHS Ref. E-044-1997/0-US-01], U.S. Patent Application 09/064,413 entitled “Use of Immunotoxins to Induce Immune Tolerance to Pancreatic Islet Transplantation” [HHS Ref. E-059-1998/0-US-01], U.S. Patent Application 09/291,712 entitled “Methods Related to the Combined Use of Immunotoxins and Agents that Inhibit Dendritic Cell Maturation” [HHS Ref. E-168-1999/0-US-01], and all continuing applications and foreign counterparts, to CK Life Sciences International, Inc., which has offices in Hong Kong. The patent rights in these inventions have been assigned to and/or exclusively licensed to the Government of the United States of America. The prospective exclusive license territory may be worldwide, and the field of use may be limited to: The production and use of the immunotoxins covered by the licensed patent rights for the treatment of T-cell mediated diseases, including but not limited to T-cell lymphoma and autoimmune diseases. DATES: Only written comments and/or applications for a license which are received by the NIH Office of Technology Transfer on or before May 5, 2008 will be considered. ADDRESSES: Requests for copies of the patent application, inquiries, comments, and other materials relating to the contemplated exclusive license should be directed to: David A. Lambertson, Ph.D., Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone:
(301)435-4632; Facsimile:
(301)402-0220; E-mail: *lambertsond@od.nih.gov.* SUPPLEMENTARY INFORMATION: The invention concerns immunotoxins and methods of using the immunotoxins for the treatment of autoimmune diseases and T cell malignancies. A specific immunotoxin covered by this technology is A-dmDT390-bisFV (UCHT1). The immunotoxins are targeted via an antibody that is specific to T cells, allowing the specific ablation of both malignant T cells and resting T cells. The transient ablation of resting T cells can “reset” the immune system by accentuating tolerating responses to autoimmune diseases like Lupus. Additionally, the immunotoxins can be used to treat T cell related cancers such as non-Hodgkins' lymphomas, including cutaneous T cell lymphoma (CTCL). The prospective exclusive license will be royalty bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless within sixty
(60)days from the date of this published notice, the NIH receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Applications for a license in the field of use filed in response to this notice will be treated as objections to the grant of the contemplated exclusive license. Comments and objections submitted to this notice will not be made available for public inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. Dated: February 27, 2008. Bonny Harbinger, Deputy Director, Office of Technology Transfer, National Institutes of Health. [FR Doc. E8-4198 Filed 3-4-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies AGENCY: Substance Abuse and Mental Health Services Administration, HHS. ACTION: Notice. SUMMARY: The Department of Health and Human Services
(HHS)notifies Federal agencies of the laboratories currently certified to meet the standards of Subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the **Federal Register** on April 11, 1988 (53 FR 11970), and subsequently revised in the **Federal Register** on June 9, 1994 (59 FR 29908), on September 30, 1997 (62 FR 51118), and on April 13, 2004 (69 FR 19644). A notice listing all currently certified laboratories is published in the **Federal Register** during the first week of each month. If any laboratory's certification is suspended or revoked, the laboratory will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any laboratory has withdrawn from the HHS National Laboratory Certification Program
(NLCP)during the past month, it will be listed at the end, and will be omitted from the monthly listing thereafter. This notice is also available on the Internet at *http://www.workplace.samhsa.gov and http://www.drugfreeworkplace.gov.* FOR FURTHER INFORMATION CONTACT: Mrs. Giselle Hersh, Division of Workplace Programs, SAMHSA/CSAP, Room 2-1042, One Choke Cherry Road, Rockville, Maryland 20857; 240-276-2600 (voice), 240-276-2610 (fax). SUPPLEMENTARY INFORMATION: The Mandatory Guidelines were developed in accordance with Executive Order 12564 and section 503 of Public Law 100-71. Subpart C of the Mandatory Guidelines, “Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies,” sets strict standards that laboratories must meet in order to conduct drug and specimen validity tests on urine specimens for Federal agencies. To become certified, an applicant laboratory must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a laboratory must participate in a quarterly performance testing program plus undergo periodic, on-site inspections. Laboratories which claim to be in the applicant stage of certification are not to be considered as meeting the minimum requirements described in the HHS Mandatory Guidelines. A laboratory must have its letter of certification from HHS/SAMHSA (formerly: HHS/NIDA) which attests that it has met minimum standards. In accordance with Subpart C of the Mandatory Guidelines dated April 13, 2004 (69 FR 19644), the following laboratories meet the minimum standards to conduct drug and specimen validity tests on urine specimens: ACL Laboratories, 8901 W. Lincoln Ave., West Allis, WI 53227, 414-328-7840/800-877-7016, (Formerly: Bayshore Clinical Laboratory). ACM Medical Laboratory, Inc., 160 Elmgrove Park, Rochester, NY 14624, 585-429-2264. Advanced Toxicology Network, 3560 Air Center Cove, Suite 101, Memphis, TN 38118, 901-794-5770/888-290-1150. Aegis Sciences Corporation, 345 Hill Ave., Nashville, TN 37210, 615-255-2400, (Formerly: Aegis Analytical Laboratories, Inc.). Baptist Medical Center-Toxicology Laboratory, 9601 I-630, Exit 7, Little Rock, AR 72205-7299, 501-202-2783, (Formerly: Forensic Toxicology Laboratory Baptist Medical Center). Clinical Reference Lab, 8433 Quivira Road, Lenexa, KS 66215-2802, 800-445-6917. Diagnostic Services, Inc., dba DSI, 12700 Westlinks Drive, Fort Myers, FL 33913, 239-561-8200/800-735-5416. Doctors Laboratory, Inc., 2906 Julia Drive, Valdosta, GA 31602, 229-671-2281. DrugScan, Inc., P.O. Box 2969, 1119 Mearns Road, Warminster, PA 18974, 215-674-9310. Dynacare Kasper Medical Laboratories,* 10150-102 St., Suite 200, Edmonton, Alberta, Canada T5J 5E2, 780-451-3702/800-661-9876. ElSohly Laboratories, Inc., 5 Industrial Park Drive, Oxford, MS 38655, 662-236-2609. Gamma-Dynacare Medical Laboratories*, A Division of the Gamma-Dynacare Laboratory Partnership, 245 Pall Mall Street, London, ONT, Canada N6A 1P4, 519-679-1630. Kroll Laboratory Specialists, Inc., 1111 Newton St., Gretna, LA 70053, 504-361-8989/800-433-3823, (Formerly: Laboratory Specialists, Inc.). Kroll Laboratory Specialists, Inc., 450 Southlake Blvd., Richmond, VA 23236, 804-378-9130, (Formerly: Scientific Testing Laboratories, Inc.; Kroll Scientific Testing Laboratories, Inc.). Laboratory Corporation of America Holdings, 7207 N. Gessner Road, Houston, TX 77040, 713-856-8288/800-800-2387. Laboratory Corporation of America Holdings, 69 First Ave., Raritan, NJ 08869, 908-526-2400/800-437-4986, (Formerly: Roche Biomedical Laboratories, Inc.). Laboratory Corporation of America Holdings, 1904 Alexander Drive, Research Triangle Park, NC 27709, 919-572-6900/800-833-3984, (Formerly: LabCorp Occupational Testing Services, Inc., CompuChem Laboratories, Inc.; CompuChem Laboratories, Inc., A Subsidiary of Roche Biomedical Laboratory; Roche CompuChem Laboratories, Inc., A Member of the Roche Group). Laboratory Corporation of America Holdings, 13112 Evening Creek Drive, Suite 100, San Diego, CA 92128, 858-668-3710/800-882-7272, (Formerly: Poisonlab, Inc.). Laboratory Corporation of America Holdings, 550 17th Ave., Suite 300, Seattle, WA 98122, 206-923-7020/800-898-0180, (Formerly: DrugProof, Division of Dynacare/Laboratory of Pathology, LLC; Laboratory of Pathology of Seattle, Inc.; DrugProof, Division of Laboratory of Pathology of Seattle, Inc.) Laboratory Corporation of America Holdings, 1120 Main Street, Southaven, MS 38671, 866-827-8042/800-233-6339, (Formerly: LabCorp Occupational Testing Services, Inc.; MedExpress/National Laboratory Center). LabOne, Inc. d/b/a Quest Diagnostics, 10101 Renner Blvd., Lenexa, KS 66219, 913-888-3927/800-873-8845, (Formerly: Quest Diagnostics Incorporated; LabOne, Inc.; Center for Laboratory Services, a Division of LabOne, Inc.). MAXXAM Analytics Inc.,* 6740 Campobello Road, Mississauga, ON, Canada L5N 2L8, 905-817-5700, (Formerly: NOVAMANN (Ontario), Inc.). MedTox Laboratories, Inc., 402 W. County Road D, St. Paul, MN 55112, 651-636-7466/800-832-3244. MetroLab-Legacy Laboratory Services, 1225 NE 2nd Ave., Portland, OR 97232, 503-413-5295/800-950-5295. Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, 1 Veterans Drive, Minneapolis, MN 55417, 612-725-2088. National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, CA 93304, 661-322-4250/800-350-3515. One Source Toxicology Laboratory, Inc., 1213 Genoa-Red Bluff, Pasadena, TX 77504, 888-747-3774, (Formerly: University of Texas Medical Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory). Oregon Medical Laboratories, 123 International Way, Springfield, OR 97477, 541-341-8092. Pacific Toxicology Laboratories, 9348 DeSoto Ave., Chatsworth, CA 91311, 800-328-6942, (Formerly: Centinela Hospital Airport Toxicology Laboratory). Pathology Associates Medical Laboratories, 110 West Cliff Dr., Spokane, WA 99204, 509-755-8991/800-541-7891x7. Phamatech, Inc., 10151 Barnes Canyon Road, San Diego, CA 92121, 858-643-5555. Quest Diagnostics Incorporated, 3175 Presidential Dr., Atlanta, GA 30340, 770-452-1590/800-729-6432, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated, 400 Egypt Road, Norristown, PA 19403, 610-631-4600/877-642-2216, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated, 7600 Tyrone Ave., Van Nuys, CA 91405, 866-370-6699/818-989-2521, (Formerly: SmithKline Beecham Clinical Laboratories). S.E.D. Medical Laboratories, 5601 Office Blvd., Albuquerque, NM 87109, 505-727-6300/800-999-5227. South Bend Medical Foundation, Inc., 530 N. Lafayette Blvd., South Bend, IN 46601, 574-234-4176 x276. Southwest Laboratories, 4645 E. Cotton Center Boulevard, Suite 177, Phoenix, AZ 85040, 602-438-8507/800-279-0027. Sparrow Health System, Toxicology Testing Center, St. Lawrence Campus, 1210 W. Saginaw, Lansing, MI 48915, 517-364-7400, (Formerly: St. Lawrence Hospital & Healthcare System). St. Anthony Hospital Toxicology Laboratory, 1000 N. Lee St., Oklahoma City, OK 73101, 405-272-7052. Toxicology & Drug Monitoring Laboratory, University of Missouri Hospital & Clinics, 301 Business Loop 70 West, Suite 208, Columbia, MO 65203, 573-882-1273. Toxicology Testing Service, Inc., 5426 NW. 79th Ave., Miami, FL 33166, 305-593-2260. US Army Forensic Toxicology Drug Testing Laboratory, 2490 Wilson St., Fort George G. Meade, MD 20755-5235, 301-677-7085. * The Standards Council of Canada
(SCC)voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation
(DOT)regulations. As of that date, the certification of those accredited Canadian laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited laboratories was transferred to the U.S. HHS, with the HHS' NLCP contractor continuing to have an active role in the performance testing and laboratory inspection processes. Other Canadian laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do. Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory ( **Federal Register** , July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the **Federal Register** on April 13, 2004 (69 FR 19644). After receiving DOT certification, the laboratory will be included in the monthly list of HHS-certified laboratories and participate in the NLCP certification maintenance program. Elaine Parry, Acting Director, Office of Program Services, SAMHSA. [FR Doc. E8-4213 Filed 3-4-08; 8:45 am] BILLING CODE 4160-20-P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Published Privacy Impact Assessments on the Web AGENCY: Privacy Office, Office of the Secretary, Department of Homeland Security. ACTION: Notice of Publication of Privacy Impact Assessments. SUMMARY: The Privacy Office of the Department of Homeland Security is making available nine
(9)Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between July 1, 2007 and September 30, 2007. DATES: The Privacy Impact Assessments will be available on the DHS Web site until May 5, 2008, after which they may be obtained by contacting the DHS Privacy Office (contact information below). FOR FURTHER INFORMATION CONTACT: Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security, Mail Stop 0550, Washington, DC 20528, or e-mail: *pia@dhs.gov.* SUPPLEMENTARY INFORMATION: July 1, 2007 and September 30, 2007, the Chief Privacy Officer of the Department of Homeland Security
(DHS)approved and published nine
(9)Privacy Impact Assessments
(PIAs)on the DHS Privacy Office Web site, *http://www.dhs.gov/privacy,* under the link for “Privacy Impact Assessments.” Below is a short summary of each of those systems, including the DHS component responsible for the system, the name of the system, and the date on which the PIA was approved. Additional information can be found on the Web site or by contacting the Privacy Office. *System:* Secure Border Initiative-net. *Component:* Customs and Border Protection. *Date of approval:* July 20, 2007. The Secure Border Initiative-net (SBInet) is a DHS Customs and Border Protection
(CBP)system designed to detect, identify, apprehend, and remove illegal entrants to the U.S. on and between the Ports of Entry (POE). This PIA addresses Project 28, which is a concept demonstration prototype for the SBInet program. Project 28 focuses on a 28 mile border segment surrounding the Sasabe, Arizona POE. This PIA has been conducted because SBInet collects and processes personally identifiable information (PII). *System:* Arrival and Departure Information System. *Component:* U.S. VISIT. *Date of approval:* August 1, 2007. The PIA for the Arrival and Departure Information System
(ADIS)describes changes to ADIS corresponding to the publication of a new ADIS System of Records Notice (SORN). As now proposed, ADIS will be a DHS-wide system to serve certain programs, including those of the intelligence community, that require information, in support of the DHS mission, on individuals who seek to enter or who have arrived in or departed from the United States. US-VISIT conducted this PIA update based on these proposed changes. *System:* Automated Targeting System. *Component:* Customs and Border Protection. *Date of approval:* August 3, 2007. CBP has developed the Automated Targeting System (ATS). ATS is one of the most advanced targeting systems in the world. Using a common approach for data management, analysis, rules-based risk management, and user interfaces, ATS supports all CBP mission areas and the data and rules specific to those areas. CBP updated and republished the PIA in conjunction with the SORN and the Notice of Proposed Rulemaking
(NPRM)for Privacy Act exemptions that was published on August 6, 2007 in the **Federal Register** . *System:* Advanced Passenger Information System Update for Final Rule. *Component:* Customs and Border Protection. *Date of approval:* August 9, 2007. CBP issued a Final Rule to amend regulations governing the submission of Advanced Passenger Information System
(APIS)data by commercial aircraft and vessels prior to departing for or from the United States and for crew member (and certain non crew-member) data for commercial aircraft overflying the United States. CBP published a PIA and an associated SORN and NPRM for Privacy Act exemptions for APIS. *System:* Secure Flight Program. *Component:* Transportation Security Administration. *Date of approval:* August 9, 2007. The Secure Flight Program is intended to match identifying information of aviation passengers and certain non-travelers against the consolidated and integrated terrorist watch list maintained by the Federal Government in a consistent and accurate manner, while minimizing false matches and protecting personally identifiable information. The program, this PIA, the associated SORN, and the NPRM are expected to change in response to public comment. A revised PIA and if necessary a revised SORN will be issued in conjunction with the Final Rule for Secure Flight. *System:* Western Hemisphere Travel Initiative
(WHTI)Land and Sea Rule. *Component:* Customs and Border Protection. *Date of approval:* August 10, 2007. CBP, in conjunction with the Bureau of Consular Affairs at the Department of State, published a notice of proposed rulemaking to notify the public of how they intend to implement the WHTI for sea and land ports of entry. The proposed rule, would remove the current regulatory exceptions to the passport requirement provided under sections 212(d)(4)(B) and 215(b) of the Immigration and Nationality Act (INA). The PIA discusses the privacy impact of the program. *System:* Verification Information System Update. *Component:* U.S. Citizenship and Immigration Services. *Date of approval:* September 5, 2007. United States Citizenship and Immigration Services (USCIS) provides immigration status verification services for benefit determinations and employment authorization through its Verification Division. Presently, two programs exist to implement this mandate: the Systematic Alien Verification for Entitlements
(SAVE)program for government benefits and the Employment Eligibility Verification/Basic Pilot Program, recently renamed “E-Verify,” for employment authorization for all newly hired employees. The Verification Information System
(VIS)is a composite information system incorporating data from various Department of Homeland Security databases and functions as the underlying information technology that supports these programs. USCIS is amending the PIA dated April 1, 2007 to describe updates to VIS that will improve the ability of USCIS to provide limited citizenship and immigration information to users of SAVE and E-Verify. *System:* Advance Passenger Information System
(APIS)Update For Customs and Border Protection's General Aviation Notice of Proposed Rulemaking. *Component:* Customs and Border Protection. *Date of approval:* September 11, 2007. This is an update to the previous APIS PIA (August 8, 2007) to discuss an expansion of the scope of the APIS data collection to include non-commercial aviation. In conjunction with this update, CBP published a NPRM that proposing to amend the CBP regulations contained in 19 CFR Part 122 to address the advance electronic submission of information for private aircraft arriving in and departing from the United States. *System:* Personnel Security Activities Management System. *Component:* Office of Security. *Date of approval:* September 12, 2007. The Department of Homeland Security Office of Security uses the Personnel Security Activities Management System (PSAMS) to automate the tracking of the status of Personnel Security related activities at DHS headquarters. Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8-4244 Filed 3-4-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2007-0045] Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0005, 1625-0020, 1625-0029, 1625-0031, and 1625-0085 AGENCY: Coast Guard, DHS. ACTION: Thirty-day notice requesting comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the U.S. Coast Guard is forwarding five Information Collection Requests (ICRs), abstracted below, to the Office of Information and Regulatory Affairs
(OIRA)of the Office of Management and Budget
(OMB)requesting an extension of their approval for the following collections of information:
(1)1625-0005, Application and Permit to Handle Hazardous Materials;
(2)1625-0020, Security Zones, Regulated Navigation Areas, and Safety Zones;
(3)1625-0029, Self-propelled Liquefied Gas Vessels;
(4)1625-0031, Plan Approval and Records for Electrical Engineering Regulations—Title 46 CFR Subchapter J; and
(5)1625-0085, Streamlined Inspection Program. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties. DATES: Please submit comments on or before April 4, 2008. ADDRESSES: To prevent duplicate submissions to the docket [USCG-2007-0045] or to OIRA, please submit your comments and related material by only one of the following means:
(1)*Electronic submission.*
(a)To Coast Guard docket at *http://www.regulation.gov* .
(b)To OIRA by *e-mail to: nlesser@omb.eop.gov* .
(2)*Mail or hand delivery.*
(a)To Docket Management Facility
(DMF)(M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(b)To OIRA, 725 17th Street, NW., Washington, DC 20503, to the attention of the Desk Officer for the Coast Guard.
(3)*Fax.*
(a)To DMF, 202-493-2251.
(b)To OIRA at 202-395-6566. To ensure your comments are received in time, mark the fax to the attention of Mr. Nathan Lesser, Desk Officer for the Coast Guard. The DMF maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://www.regulations.gov* . Copies of the complete ICRs are available through this docket on the Internet at *http://www.regulations.gov* . Additionally, copies are available from Commandant (CG-611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-0001. The telephone number is 202-475-3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202-475-3523 or fax 202-475-3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202-366-9826, for questions on the docket. SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing:
(1)The practical utility of the collections;
(2)the accuracy of the estimated burden of the collections;
(3)ways to enhance the quality, utility, and clarity of information subject to the collections; and
(4)ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICRs addressed. Comments to Coast Guard must contain the docket number of this request, [USCG 2007-0045]. For your comments to OIRA to be considered, they must be received on or before April 4, 2008. *Public participation and request for comments:* We encourage you to respond to this request by submitting comments and related materials. We will post all comments received, without change, to *http://www.regulations.gov* . They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the paragraph on DOT's “Privacy Act Policy” below. *Submitting comments:* If you submit a comment, please include the docket number [USCG-2007-0045], indicate the specific section of the document to which each comment applies, providing a reason for each comment. We recommend you include your name, mailing address, an e-mail address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission. You may submit comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES ; but please submit them by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change the documents supporting this collection of information or even the underlying requirements in view of them. The Coast Guard and OIRA will consider all comments and material received during the comment period. *Viewing comments and documents:* Go to *http://www.regulations.gov* to view documents mentioned in this notice as being available in the docket. Click on “Search for Dockets,” and enter the docket number (USCG-2007-0045) in the Docket ID box, and click enter. You may also visit the DMF in room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Privacy Act:* Anyone can search the electronic form of all comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Privacy Act Statement of DOT in the **Federal Register** published on April 11, 2000 (65 FR 19477), or by visiting *http://DocketsInfo.dot.gov* . Previous Request for Comments This request provides a 30-day comment period required by OIRA. The Coast Guard has published the 60-day notice (72 FR 64233, November 15, 2007) required by 44 U.S.C. 3506(c)(2). That notice elicited no comments. Information Collection Request 1. *Title:* Application and Permit to Handle Hazardous Materials. *OMB Control Number:* 1625-0005. *Type of Request:* Extension of a currently approved collection. *Affected Public:* Shipping agents and terminal operators that handle hazardous materials. *Abstract:* Sections 1225 and 1231 of 33 U.S.C. authorize the Coast Guard to establish standards for the handling, storage, and movement of hazardous materials on a vessel and waterfront facility. Regulations in 33 CFR 126.17, 49 CFR 176.100, and 176.415 prescribe the rules for facilities and vessels. *Burden Estimate:* The estimated burden has increased from 145 hours to 185 hours a year. 2. *Title:* Security Zones, Regulated Navigation Areas, and Safety Zones. *OMB Control Number:* 1625-0020. *Type of Request:* Extension of a currently approved collection. *Affected Public:* Federal, State, and local government agencies, vessels, and facilities. *Abstract:* Sections 1226 and 1231 of 33 U.S.C.; 50 U.S.C. 191 and 195; and parts 6 and 165 of 33 CFR give the Coast Guard Captain of the Port
(COTP)the authority to designate security zones in the U.S. for as long as deemed necessary to prevent damage or injury. Section 1223 of 33 U.S.C. authorizes the Coast Guard to prescribe rules to control vessel traffic in areas deemed hazardous because of reduced visibility, adverse weather, or vessel congestion. Section 1225 of 33 U.S.C. authorizes the Coast Guard to establish rules to allow the designation of safety zones where access is limited to authorized persons, vehicles, or vessels to protect the public from hazardous situations. *Burden Estimate:* The estimated burden has increased from 194 hours to 295 hours a year. 3. *Title:* Self-propelled Liquefied Gas Vessels. *OMB Control Number:* 1625-0029. *Type Of Request:* Extension of a currently approved collection. *Affected Public:* Owners and operators of self-propelled vessels carrying liquefied gas. *Abstract:* Sections 3703 and 9101 of 46 U.S.C. authorize the Coast Guard to establish regulations to protect life, property, and the environment from the hazards associated with the carriage of dangerous liquid cargo in bulk. Part 154 of 46 CFR prescribes these rules for the carriage of liquefied gases in bulk on self-propelled vessels by governing the design, construction, equipment, and operation of these vessels and the safety of personnel aboard them. *Burden Estimate:* The estimated burden has increased from 5,416 hours to 6,566 hours a year. 4. *Title:* Plan Approval and Records for Electrical Engineering Regulations—Title 46 CFR Subchapter J. *OMB Control Number:* 1625-0031. *Type Of Request:* Extension of a currently approved collection. *Affected Public:* Owners, operators, and builders of vessels. *Abstract:* Sections 3306 and 3703 of 46 U.S.C. authorize the Coast Guard to establish rules to promote the safety of life and property in commercial vessels. The electrical engineering rules appear at 46 CFR chapter I, subchapter J (parts 110 through 113). *Burden Estimate:* The estimated burden has increased from 1,151 hours to 3,529 hours a year. 5. *Title:* Streamlined Inspection Program (SIP). *OMB Control Number:* 1625-0085. *Type Of Request:* Extension of a currently approved collection. *Affected Public:* Owners and operators of vessels. *Abstract:* Section 3306 of 46 U.S.C. authorizes the Coast Guard to prescribe regulations necessary to carry out inspections of vessels required under 46 U.S.C. 3301. Within the same subtitle, section 3103 allows the Coast Guard to rely on reports, documents, and records of other persons/methods determined to be reliable, to ensure compliance with vessels and seamen requirements. The SIP regulations under 46 CFR part 8, subpart E, offer owners and operators of inspected vessels an alternative to traditional Coast Guard inspection procedures. Owners and operators of vessels opting to participate in the program will maintain them in compliance with a Company Action Plan
(CAP)and Vessel Action Plan (VAP). They will have their own personnel periodically perform many of the tests/examinations conducted by marine inspectors of the Coast Guard, who expect participating vessels will continuously meet a higher level of safety/readiness throughout the inspection cycle. *Burden Estimate:* The estimated burden has increased from 2,138 hours to 2,496 hours a year. Dated: February 14, 2008. D.T. Glenn Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command, Control, Communications, Computers and Information Technology. [FR Doc. E8-4194 Filed 3-4-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2008-0109] Merchant Marine Personnel Advisory Committee; Meetings AGENCY: Coast Guard, DHS. ACTION: Notice of meetings. SUMMARY: The Merchant Marine Personnel Advisory Committee (MERPAC) will meet in Dania Beach, FL, to discuss various issues relating to the training and fitness of merchant marine personnel. These meetings will be open to the public. DATES: A working group of MERPAC will meet on Tuesday, April 8th, 2008 from 8 a.m. until 4 p.m. The full MERPAC Committee will meet on Wednesday, April 9th and Thursday, April 10th, 2008 from 8 a.m. until 4 p.m. These meetings may close early if all business is finished. Written material and requests to make oral presentations should reach the Coast Guard on or before March 26, 2008. Requests to have a copy of your material distributed to each member of the committee or subcommittee should reach the Coast Guard on or before March 26, 2008. ADDRESSES: The working group will meet in Room 217 of the RTM STAR Center, 2 West Dixie Highway, Dania Beach, FL. The full Committee will likewise meet in Room 217 of the RTM STAR Center. Send written material and requests to make oral presentations to Captain Michael Blair, Executive Director of MERPAC, Commandant (CG-5221, U.S. Coast Guard, 2100 Second St., SW., Washington, DC 20593-0001). This notice is available in our online docket, USCG-2008-0109, at *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Mark Gould, Assistant to the Executive Director of MERPAC; at 202-372-1409. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). Agenda of Meeting The agenda for the April 8th, 2008, work group meeting of MERPAC is as follows:
(1)Discuss Task Statement 68, concerning a review of the draft Navigation and Vessel Inspection Circular entitled, “Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials”; and
(2)Discuss Task Statement 69, concerning revisions to forms CG-719K, Merchant Mariner Physical Examination Report, and CG-719K/E, Merchant Marine Certification of Fitness. The agenda for the April 9th, 2008 meeting of MERPAC is as follows:
(1)The full committee will meet to discuss the objectives for the meeting. Working groups addressing the following task statements may meet to deliberate: Task Statement 30, concerning “Utilizing Military Sea Service for STCW Certifications”; Task Statement 55, concerning “Recommendations to Develop a Voluntary Training Program For Deck and Engine Department Entry Level Mariners on Domestic and Seagoing Vessels”; Task Statement 58, concerning “Stakeholder Communications During MLD Program Restructuring and Centralization”; Task Statement 61, concerning “Merchant Mariner Medical Waiver Evaluation Guidelines”; Task Statement 68, concerning “Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials”; and Task Statement 69, concerning “Revisions to forms CG-719K, Merchant Mariner Physical Examination Report, and CG-719K/E, Merchant Marine Certification of Fitness.” New working groups may be formed to address issues proposed by the Coast Guard, MERPAC members, or the public. At the end of the day, the working groups will make a report to the full committee on what has been accomplished in their meetings. No action will be taken on these reports on this date. The agenda for the April 10th, 2008 meeting of MERPAC is as follows:
(1)Introduction;
(2)Working Groups' Reports; and
(3)Other items which may be discussed:
(a)Standing Committee-Prevention Through People.
(b)Briefings concerning on-going projects of interest to MERPAC.
(c)Other items brought up for discussion by the Committee or the public. Procedural All meetings are open to the public. Please note that the meetings may close early if all business is finished. At the Chair's discretion, members of the public may make oral presentations during the meetings. If you would like to make an oral presentation at a meeting, please notify the Executive Director no later than March 26, 2008. Written material for distribution at a meeting should reach the Coast Guard no later than March 26, 2008. If you would like a copy of your material distributed to each member of the committee or subcommittee in advance of a meeting, please submit 25 copies to the Executive Director no later than March 26, 2008. Information on Services for Individuals with Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meetings, contact the Executive Director as soon as possible. Dated: February 25, 2008. H.L. Hime, Acting Director of Commercial Regulations and Standards. [FR Doc. E8-4196 Filed 3-4-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2008-0110] Towing Safety Advisory Committee; Meetings AGENCY: Coast Guard, DHS. ACTION: Notice of meetings. SUMMARY: The Towing Safety Advisory Committee
(TSAC)and its working groups on the Medical Navigation and Vessel Inspection Circular
(NVIC)and on the Inspection of Towing Vessels will meet in Jeffersonville, IN. The committee will also discuss various issues relating to shallow-draft inland and coastal waterway navigation and towing safety. All meetings will be open to the public. DATES: The working groups will meet on Tuesday, April 1, 2008, from 8 a.m. to 5 p.m. TSAC will meet on Wednesday, April 2, 2008, from 8 a.m. to 3 p.m. These meetings may close early if all business is finished. Written material and requests to make oral presentations at the meetings should reach the Coast Guard on or before March 24, 2008. Requests to have a copy of your material distributed to each member of the Committee or working groups should reach the Coast Guard electronically on or before March 24, 2008. ADDRESSES: The working groups and TSAC will meet at the offices of American Commercial Lines; 1701 East Market Street, Jeffersonville, IN 47130 Phone: 812-288-0347. TSAC is utilizing Louisville Airport
(SDF)and the Residence Marriott Hotel Downtown Louisville, KY. The link to the hotel's Web site is: *http://www.marriott.com/hotels/travel/sdfgj-residence-inn-louisville-downtown/.* Send written material and requests to make oral presentations to TSAC's Assistant Executive Director in the FOR FURTHER INFORMATION CONTACT section below. This notice and related documents are available on the Internet at *www.regulations.gov* under the docket number USCG-2008-0110. FOR FURTHER INFORMATION CONTACT: Mr. Gerald P. Miante, Assistant Executive Director, TSAC; U.S. Coast Guard Headquarters, CG-5221, Room 1210; 2100 Second Street, SW., Washington, DC 20593-0001. Telephone
(202)372-1401, fax
(202)372-1926, or e-mail at: *Gerald.P.Miante@uscg.mil.* SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463)]. Agenda of Meetings *Towing Vessel Inspection Working Group.* The agenda for the working group is to prepare draft recommendations to the committee on the latest round of draft text for inspections. *Medical NVIC Working Group.* The agenda for the working group is to prepare draft recommendations to the committee on the draft medical NVIC, and revisions to the Medical Forms CG-719K and 719-KE. *Towing Safety Advisory Committee.* The agenda for the committee is as follows:
(1)Update of the Towing Vessel Inspection Working Group;
(2)Discussion and voting on recommendations for the Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials (Medical NVIC), and Medical Forms CG-719K and 719K-E;
(3)Update on the Legislative Change Proposal
(LCP)to form the Merchant Mariner Medical Advisory Committee;
(4)Update on the Merchant Mariner Credential
(MMC)Rulemaking;
(5)Update on the STCW Rulemaking;
(6)Update on Training and Service Requirements for Merchant Marine Officers;
(7)Update on Commercial/Recreational Boating Interface;
(8)Update on the National Maritime Center
(NMC)Restructuring/Centralization;
(9)Update on the Transportation Worker Identification Credential (TWIC); and
(10)Discussion and voting on Task Statement 08-01, Review and recommendations for the revision of NVIC 4-01 “Licensing and Manning for Officers of Towing Vessels.” Procedural All meetings are open to the public. Please note that the meetings may close early if all business is finished. At the Chair's discretion, members of the public may make oral presentations during the meetings. If you would like to make an oral presentation at a meeting, please notify the Assistant Executive Director no later than March 24, 2008. Written material (20 copies) for distribution at a meeting should reach the Coast Guard no later than March 21, 2008. If you would like a copy of your material distributed to each member of the Committee or Working Groups in advance of a meeting, please submit it electronically to the Assistant Executive Director, for e-mail distribution, no later than March 21, 2008. Also at the Chair's discretion, members of the public may present comment at the end of the Public Meeting. Please understand that the Committee's schedule may be quite demanding and time for public comment may be limited. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meetings, contact the Assistant Executive Director as soon as possible. Dated: February 25, 2008. H.L. Hime, Acting Director of Commercial Regulations and Standards. [FR Doc. E8-4188 Filed 3-4-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5188-N-03] Notice of Proposed Information; Collection: Comment Request; Section 4 Loan Guarantee Recovery Fund AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* May 5, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Pamela M. Williams, Reports Liaison Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7234, Washington, DC 20410. FOR FURTHER INFORMATION CONTACT: Thann Young, Office of Rural Housing and Economic Development, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room #7137 Washington, DC 20410; telephone number
(202)708-2290 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)enhance the quality, utility, and clarity of the information to be collected; and
(4)minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Section 4 Loan Guarantee Recovery Fund. *OMB Control Number, if applicable:* 2506-0159. *Description of the Need for the Information and Proposed Use:* This request for OMB approval seeks clearance for information collections related to HUD's Loan Guarantee Recovery Fund, a rule that implements section 4 of the “Church Arson Prevention Act of 1996” (Pub. L. 104-155, approved July 3, 1996) at CFR part 573. HUD has responsibility under the Act and implementing regulations to assist eligible nonprofit organizations in rebuilding their properties, which were damaged by acts of arson or terrorism by guaranteeing loans that these organizations receive from financial institutions. With financial assistance, eligible nonprofit organizations may use guaranteed loan funds for a wide range of activities, including
(1)the acquisition of real or personal property;
(2)the rehabilitation of real property;
(3)the construction, reconstruction or replacement of real property improvement;
(4)site preparation;
(5)architectural, engineering, and security expenses; and
(6)refinancing existing indebtedness. With the information provided, HUD must ensure it performs properly with respect to determinations regarding the eligibility of financial institutions and nonprofit organizations, the eligibility of the activities to be carried out, the certifications required by the law and the implementing regulations. The Department must also ensure from the information provided that entities applying for and receiving loan guarantee assistance understand the requirements and the responsibilities with respect to the Act and the regulations. *Agency Form Numbers (if applicable):* HUD-40076-LGA. *Members of Affected Public:* Certain nonprofit organizations whose properties have been damaged by an act or acts of arson or terrorism. *Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* Number of respondents Response frequency Total responses Hours per response Annual burden Hourly rate Annual costs Non-Profit Applications 1 1 1 40 40 $25 $1,000 HUD-40076-LGA 12 1 12 .75 8 Financial Institutions
(FI)Applications 1 1 1 32 32 25 800 FI Reports 16 12 192 2 384 25 9,600 FI Recordkeeping 16 12 192 2 384 25 9,600 Totals 45 398 848 $21,000 *Frequency of Submission:* Monthly and Annually. *Status of the proposed information collection:* *Status of the proposed information collection:* Extension of a currently approved collection. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: February 27, 2008. Nelson R. Bregón, General Deputy Assistant Secretary for Community Planning and Development. [FR Doc. E8-4179 Filed 3-4-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-08] Monthly Delinquent Loan Reports AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Information for the evaluation and monitoring of origination and servicing performance by HUD-approved mortgagees. Used to identify potential areas of risk to the insurance fund. DATES: *Comments Due Date:* April 4, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502-0060) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone
(202)402-8048. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Monthly Delinquent Loan Reports. *OMB Approval Number:* 2502-0060. *Form Numbers:* HUD-92068-A. *Description of the Need for the Information and Its Proposed Use:* Information for the evaluation and monitoring of origination and servicing performance by HUD-approved mortgagees. Used to identify potential areas of risk to the insurance fund. *Frequency of Submission:* Monthly. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden: 240 12 2.5 7,200 *Total Estimated Burden Hours:* 7,200. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: February 28, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-4180 Filed 3-4-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [80213-9421-0000-7B] Notice of Adoption of an Environmental Impact Statement AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of adoption of an environmental impact statement prepared by the National Park Service for the Giacomini Wetland Restoration Project. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), give notice of our intent to adopt the National Park Service's existing environmental impact statement/environmental impact report (EIS/EIR) for the Giacomini Wetland Restoration Project in Marin County, California (Project). We are considering a decision to approve a National Coastal Wetlands Conservation Program grant for the California State Coastal Conservancy
(SCC)to assist SCC in implementing the Project. The grant would help SCC restore and conserve a 556-acre coastal wetland ecosystem at the head of Tomales Bay. We propose to adopt the existing EIS/EIR, which evaluates the environmental effects of implementing field and construction activities related to restoring tidal and freshwater marsh habitat on the former dairy farm. DATES: We must receive any written comments on or before April 4, 2008. ADDRESSES: Send written comments to Ms. Laura Valoppi, Chief of Federal Assistance, California and Nevada Region, Fish and Wildlife Service, 2800 Cottage Way, W-2606, Sacramento, CA 95825. FOR FURTHER INFORMATION CONTACT: Ms. Rebecca Miller, Fish and Wildlife Service, 2800 Cottage Way, Suite W-2606, Sacramento, CA 95825, or call
(916)978-6185. SUPPLEMENTARY INFORMATION: Availability of Documents The final EIS/EIR for the Giacomini Wetlands Restoration Project is available online for public access and review at: *http://www.nps.gov/pore/parkmgmt/planning_giacomini_wrp.htm* . A copy of the final EIS/EIS will be available for public inspection, by appointment, during normal business hours at the Fish and Wildlife Service's Federal Assistance Office, 2800 Cottage Way, Suite W-1729, Sacramento, CA, 95825, for 30 days after this Notice is published in the **Federal Register** . Appointments may be arranged by calling
(916)978-6185 during normal business hours. Background We are considering a decision to approve a National Coastal Wetland Conservation grant to the SCC to assist in funding project activities that will help meet the objectives for the wetland restoration project on Giacomini Ranch and Olema Creek:
(1)Improving water quality in Tomales Bay by restoring hydrologic connectivity to floodplains currently maintained as pasture through diking;
(2)improving other natural functions provided by wetlands, such as food chain support and fish and wildlife habitat; and
(3)providing opportunities for the public to experience and enjoy the wetlands and the restoration process. Project Location The Project is located in the north district of the Golden Gate National Recreation Area and the Point Reyes National Seashore at the southern end of Tomales Bay in Marin County, California. National Environmental Policy Act The proposed Federal decision to approve and grant Federal funds to implement the wetland restoration project triggers the need for compliance with the National Environmental Policy Act (NEPA). The NPS—as the acting lead agency for the NEPA process—and the California State Lands Commission—as the lead agency for the CEQA process—prepared and finalized a combined EIS/EIR document to address Federal and State actions associated with implementing the Project. The EIS/EIR evaluated one No Action alternative and four restoration or “Action” alternatives that vary in the amount of acres to be restored. The alternative selected for implementation is Alternative D, which is also the environmentally preferred alternative. The Project EIS/EIR was finalized in June 2007, and the NPS signed a Record of Decision
(ROD)on August 18, 2007. The final EIS/EIR for the Giacomini Wetland Restoration Project satisfies the requirement for NEPA compliance for the overall wetlands restoration project and includes identification of and supporting environmental documentation for necessary local, State, and Federal permits. Our review of the final EIS/EIR and ROD finds that they adequately address appropriate alternatives, and the environmental effects of the alternatives adequately consider the issues relevant to the Federal decision to grant Federal funds to the SCC to assist in implementing the selected alternative and they fully comply with implementing regulations of NEPA (40 CFR parts 1500-1508). Because the final EIS/EIR also provides substantial information needed to support grant applications for obtaining the funding necessary to implement elements of the overall project, we intend to adopt the existing final EIS/EIR to meet our obligation to fully comply with the regulations for implementing NEPA for the proposed Federal grant decision. Public Review We provide this notice under the regulations for implementing NEPA, as amended (40 CFR 1506.6). We invite the public to review the final EIS/EIR during a 30-day public comment period (see DATES ). Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: February 27, 2008. Ken McDermond, Deputy Regional Director, California and Nevada Region, Sacramento, California. [FR Doc. E8-4268 Filed 3-4-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [80221-1113-0000-C4] Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Reviews of 58 Species in California and Nevada; Availability of Completed 5-Year Reviews in California, Nevada and Southern Oregon AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of initiation of 5-year reviews; availability of completed 5-year reviews. SUMMARY: We, the U.S. Fish and Wildlife Service, initiate 5-year reviews for 58 species under the Endangered Species Act of 1973, as amended (Act). We request any new information on these species that may have a bearing on their classification as endangered or threatened (see Table 1 below). Based on the results of these 5-year reviews, we will make a finding on whether these species are properly classified under the Act. We also indicate in this notice the 5-year reviews we completed for species in California, Nevada and southern Oregon in FY 2007 and early FY 2008. DATES: To allow us adequate time to conduct these reviews, we must receive your information no later than May 5, 2008. However, we will continue to accept new information about any listed species at any time. ADDRESSES: For instructions on how to submit information and review the information that we receive on these species, see “Public Solicitation of New Information.” FOR FURTHER INFORMATION CONTACT: For species-specific information, contact the appropriate person listed under “Public Solicitation of New Information.” For contact information about completed 5-year reviews, see “Completed 5-Year Reviews.” Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at
(800)877-8337 for TTY assistance. SUPPLEMENTARY INFORMATION: Why Do We Conduct a 5-Year Review? Under the Endangered Species Act
(Act)(16 U.S.C. 1531 *et seq.* ), we maintain a List of Endangered and Threatened Wildlife and Plants at 50 CFR 17.11 (for animals) and 17.12 (for plants) (List). We amend the List by publishing final rules in the **Federal Register** . Section 4(c)(2)(A) of the Act requires that we conduct a review of listed species at least once every 5 years. Section 4(c)(2)(B) requires that we determine
(1)whether a species no longer meets the definition of threatened or endangered and should be removed from the List (delisted);
(2)whether a species listed as endangered more properly meets the definition of threatened and should be reclassified to threatened; or
(3)whether a species listed as threatened more properly meets the definition of endangered and should be reclassified to endangered. Using the best scientific and commercial data available, a species will be considered for delisting if the data substantiate that the species is neither endangered nor threatened for one or more of the following reasons:
(1)The species is considered extinct;
(2)the species is considered to be recovered; and/or
(3)the original data available when the species was listed, or the interpretation of such data, were in error. Any change in Federal classification requires a separate rulemaking process. Therefore, we are requesting submission of any new information (best scientific and commercial data) on these species since they were originally listed or since the species' most recent status review. Our regulations at 50 CFR 424.21 require that we publish a notice in the **Federal Register** announcing those species currently under review. This notice announces initiation of our active review of 58 species. This notice announces initiation of our active review of the species in Table 1. Table 1.—Summary of Listing Information, 27 Wildlife Species and 31 Plant Species in California and Nevada Common name Scientific name Status Where listed Final listing rule ANIMALS Amargosa vole *Microtus californicus scirpensis* Endangered U.S.A.
(CA)49 FR 45160; 11/15/1984 Arroyo (=arroyo southwestern) toad *Bufo californicus* Endangered U.S.A. (CA), Mexico 59 FR 64859; 12/16/1994 Ash Meadows naucorid *Ambrysus amargosus* Threatened U.S.A.
(NV)50 FR 20777; 05/20/1985 Bay checkerspot butterfly *Euphydryas editha bayensis* Threatened U.S.A.
(CA)52 FR 35366; 09/18/1987 Big Spring spinedace *Lepidomeda mollispinis pratensis* Threatened U.S.A.
(NV)50 FR 12298; 03/28/1995 Callippe silverspot butterfly *Speyeria callippe callippe* Endangered U.S.A.
(CA)62 FR 64306; 12/05/1997 Carson wandering skipper *Pseudocopaeodes eunus obscurus* Endangered U.S.A. (CA, NV) 67 FR 51116; 08/07/2002 Coastal California gnatcatcher *Polioptila californica californica* Threatened U.S.A. (CA); Mexico 58 FR 16742; 03/30/1993 Desert tortoise, Mojave population *Gopherus agassizii* Threatened U.S.A., except in Sonoran Desert 55 FR 12178; 04/02/1990 Light-footed clapper rail *Rallus longirostris levipes* Endangered U.S.A
(CA)35 FR 16047; 10/13/1970 Mission blue butterfly *Icaricia icarioides missionensis* Endangered U.S.A
(CA)41 FR 22041; 06/01/1976 Mount Hermon June beetle *Polyphylla barbata* Endangered U.S.A.
(CA)62 FR 3616; 1/24/1997 Mohave tui chub *Gila bicolor mohavensis* Endangered U.S.A.
(CA)35 FR 16047; 10/13/1970 Myrtle's silverspot butterfly *Speyeria zerene myrtleae* Endangered U.S.A.
(CA)57 FR 27848; 06/22/1992 Owen's pupfish *Cyprinodon radiosus* Endangered U.S.A.
(CA)32 FR 4001; 3/11/1967 Owen's tui chub *Gila bicolor snyderi* Endangered U.S.A.
(CA)50 FR 31592; 08/05/1985 Pahranagat roundtail chub *Gila robusta jordani* Endangered U.S.A.
(NV)35 FR 16047; 10/13/1970 Point Arena mountain beaver *Aplodontia rufa nigra* Endangered U.S.A
(CA)56 FR 64716; 12/12/1991 Quino checkerspot butterfly *Euphydryas editha quino (wrighti)* Endangered U.S.A. (CA); Mexico 62 FR 2313; 01/16/1997 San Bruno elfin butterfly *Callophrys mossii bayensis* Endangered U.S.A
(CA)41 FR 22041; 06/01/1976 San Bernardino kangaroo rat *Dipodomys merriami parvus* Endangered U.S.A
(CA)63 FR 51005; 09/24/1998 San Clemente sage sparrow *Amphispiza belli clementeae* Threatened U.S.A
(CA)42 FR 40682; 08/11/1977 Santa Cruz long-toed salamander *Ambystoma macrodactylum croceum* Endangered U.S.A.
(CA)32 FR 4001; 3/11/1967 Salt marsh harvest mouse *Reithrodontomys raviventris* Endangered U.S.A.
(CA)35 FR 16047; 10/13/1970 Shasta crayfish *Pacifastacus fortis* Endangered U.S.A.
(CA)53 FR 38465; 09/30/1988 Unarmored threespine stickleback *Gasterosteus aculeatus williamsoni* Endangered U.S.A.
(CA)35 FR 16047; 10/13/1970 Zayante band-winged grasshopper *Trimerotropis infantilis* Endangered U.S.A.
(CA)62 FR 3616; 01/24/1997 PLANTS Ash Meadows milk-vetch *Astragalus phoenix* Threatened U.S.A.
(NV)50 FR 20777; 05/20/1985 Calistoga allocarya *Plagiobothrys strictus* Endangered U.S.A.
(CA)62 FR 55791; 10/22/1997 Clara Hunt's milk-vetch *Astragalus clarianus* Endangered U.S.A.
(CA)62 FR 55791; 10/22/1997 Clover lupine *Lupinus tidestromii* Endangered U.S.A.
(CA)57 FR 27848; 06/22/1992 Coastal dunes milk-vetch *Astragalus tener* var. *titi* Endangered U.S.A.
(CA)63 FR 43100; 8/12/1998 Conejo dudleya *Dudleya abramsii* ssp. *parva* Threatened U.S.A.
(CA)62 FR 4172; 01/29/1997 Cushenberry buckwheat *Eriogonum ovalifolium* var. *vineum* Endangered U.S.A
(CA)59 FR 43652; 08/24/1994 Cushenberry milk-vetch *Astragalus albens* Endangered U.S.A
(CA)59 FR 43652; 08/24/1994 Cushenberry oxytheca *Acanthoscyphus (Oxytheca) parishii* var. *goodmaniana* Endangered U.S.A
(CA)59 FR 43652; 08/24/1994 Fleshy owl's-clover *Castilleja campestris* ssp. *succulenta* Threatened U.S.A.
(CA)62 FR 14338; 03/26/1997 Hickman's potentilla *Potentilla hickmanii* Endangered U.S.A.
(CA)63 FR 43100; 08/12/1998 Ione buckwheat (incl.Irish Hill) *Eriogonum apricum (incl.* var. *prostratum* ) Endangered U.S.A.
(CA)64 FR 28403; 0526/1999 Ione manzanita *Arctostaphylos myrtifolia* Threatened U.S.A.
(CA)64 FR 28403; 0526/1999 Kenwood Marsh checkermallow *Sidalcea oregano* ssp. *valida* Endangered U.S.A.
(CA)62 FR 55791; 10/22/1997 Large-flowered fiddleneck *Amsinckia grandiflora* Endangered U.S.A.
(CA)50 FR 54791; 10/22/1997 Marcescent dudleya *Dudleya cymosa* ssp. *marcescens* Threatened U.S.A.
(CA)62 FR 4172; 01/29/1997 Napa bluegrass *Poa napensis* Endangered U.S.A.
(CA)62 FR 55791; 10/22/1997 Nevin's barberry *Berberis nevinii* Endangered U.S.A. (CA); Mexico 63 FR 54956; 10/13/1998 Parish's daisy *Erigeron parishii* Threatened U.S.A
(CA)59 FR 43652; 08/24/1994 Peirson's milk-vetch *Astragalus magdalenae* var. *peirsonii* Threatened U.S.A
(CA)63 FR 53596; 10/06/1998 Pitkin Marsh lily *Lilium pardalinum* ssp. *pitkinense* Endangered U.S.A.
(CA)62 FR 55791; 10/22/1997 San Bernardino Mountains bladderpod *Physaria (Lesquerella) kingii* Endangered U.S.A
(CA)59 FR 43652; 08/24/1994 San Diego thornmint *Acanthomintha ilicifolia* Threatened U.S.A. (CA); Mexico 63 FR 54937; 10/13/1998 Santa Monica Mountains dudleya *Dudleya cymosa* ssp. *Ovatifolia* Threatened U.S.A.
(CA)62 FR 4172; 01/29/1997 Tiburon jewelflower *Streptanthus niger* Endangered U.S.A.
(CA)60 FR 6671; 02/03/1995 Tiburon mariposa lily *Calochortus tiburonensis* Threatened U.S.A.
(CA)60 FR 6671; 02/03/1995 Tiburon paintbrush *Castilleja affinis* ssp. *Neglecta* Endangered U.S.A.
(CA)60 FR 6671; 02/03/1995 Triple-ribbed milk-vetch *Astragalus tricarinatus* Endangered U.S.A
(CA)63 FR 53596; 10/06/1998 Verity's dudleya *Dudleya verityi* Threatened U.S.A.
(CA)62 FR 4172; 01/29/1997 Western lily *Lilium occidentale* Endangered U.S.A. (CA, OR) 59 FR 42171; 08/17/1994 White sedge *Carex albida* Endangered U.S.A.
(CA)62 FR 55791; 10/22/1997 What Information Do We Consider in the Review? In our 5-year review, we consider all new information available at the time of the review. In conducting these reviews, we consider the best scientific and commercial data that has become available since the current listing determination or the most recent status review, such as—(A) Species biology including, but not limited to, population trends, distribution, abundance, demographics, and genetics;
(B)Habitat conditions including, but not limited to, amount, distribution, and suitability;
(C)Conservation measures that have been implemented that benefit the species;
(D)Threat status and trends (see five factors under heading “How Do We Determine Whether a Species is Endangered or Threatened?”); and
(E)Other new information, data, or corrections including, but not limited to, taxonomic or nomenclatural changes, identification of erroneous information contained in the List, and improved analytical methods. Public Solicitation of New Information We request any new information concerning the status of these wildlife and plant species. See “What Information Do We Consider in Our Review?” for specific criteria. If you submit information, support it with documentation such as maps, bibliographic references, methods used to gather and analyze the data, and/or copies of any pertinent publications, reports, or letters by knowledgeable sources. We specifically request information regarding data from any systematic surveys, as well as any studies or analysis of data that may show population size or trends; information pertaining to the biology or ecology of these species; information regarding the effects of current land management on population distribution and abundance; information on the current condition of habitat; and recent information regarding conservation measures that have been implemented to benefit the species. Additionally, we specifically request information regarding the current distribution of populations and evaluation of threats faced by the species in relation to the five listing factors (as defined in section 4(a)(1) of the Act) and the species' listed status as judged against the definition of threatened or endangered. Finally, we solicit recommendations pertaining to the development of, or potential updates to recovery plans and additional actions or studies that would benefit these species in the future. Our practice is to make information, including names and home addresses of respondents, available for public review. Before including your address, telephone number, e-mail address, or other personal identifying information in your response, you should be aware that your entire submission—including your personal identifying information—may be made publicly available at any time. While you can ask us in your response to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the offices where the comments are submitted. Mail or hand-deliver information on the following species to the U.S. Fish and Wildlife Service at the corresponding address below. You may also view information we receive in response to this notice, as well as other documentation in our files, at the following locations by appointment, during normal business hours. For coastal California gnatcatcher, light-footed clapper rail, Quino checkerspot butterfly, San Bernardino kangaroo rat, San Clemente sage sparrow, Cushenbury buckwheat, Cushenbury milk-vetch, Cushenbury oxytheca, Nevin's barberry, Parish's daisy, Peirson's milk-vetch, San Bernardino Mountains bladderpod, San Diego thornmint, and triple-ribbed milk-vetch, send information to Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 92011. Information may also be submitted electronically at *fw8cfwocomments@fws.gov* . To obtain further information, contact Scott Sobiech at the Carlsbad Fish and Wildlife Office at
(760)431-9440. For the Amargosa vole, arroyo (= arroyo southwestern) toad, Mount Hermon june beetle, Mohave tui chub, Owens pupfish, Owens tui chub, Santa Cruz long-toed salamander, unarmored three-spine stickleback, Zayante band-winged grasshopper, coastal dunes milk-vetch, Conejo dudleya, Hickman's potentilla, marcescent dudleya, Santa Monica Mountains dudleya, and Verity's dudleya, send information to Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003. Information may also be submitted electronically at *fw1vfwo5year@fws.gov* . To obtain further information on the animal species, contact Mike McCrary at the Ventura Fish and Wildlife Office at
(805)644-1766. To obtain further information on the plant species, contact Connie Rutherford at the Ventura Fish and Wildlife Office at
(805)644-1766. For bay checkerspot butterfly, callippe silverspot butterfly, mission blue butterfly, Myrtle's silverspot butterfly, San Bruno elfin butterfly, salt marsh harvest mouse, Shasta crayfish, Calistoga allocarya, Clara Hunt's milk-vetch, clover lupine, fleshy owl's-clover, Ione buckwheat (including Irish Hill), Ione manzanita, Kenwood Marsh checkermallow, large-flowered fiddleneck, Napa bluegrass, Pitkin Marsh lily, Tiburon jewelflower, Tiburon mariposa lily, Tiburon paintbrush and white sedge, send information to Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825. Information may also be submitted electronically at *fw1sfo5year@fws.gov* . To obtain further information, contact Kirsten Tarp at the Sacramento Fish and Wildlife Office at
(916)414-6600. For Ash Meadows naucorid, Big Spring spinedace, Carson wandering skipper, desert tortoise (Mohave population), Pahranagat roundtail chub, and Ash Meadows milk-vetch, send information to Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Nevada Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno, NV 89502. Information may also be submitted electronically at *fw1nfwo_5yr@fws.gov* . To obtain further information on Ash Meadows naucorid, Big Spring spinedace, Pahranagat roundtail chub and Ash Meadows milk-vetch, contact Janet Bair at the Southern Nevada Field at
(702)515-5230. To obtain further information on Carson wandering skipper, contact Selena Werdon at the Nevada Fish and Wildlife Office at
(775)861-6300. To obtain further information on desert tortoise, contact Roy Averill-Murray at the Nevada Fish and Wildlife Office at
(775)861-6300. For Point Arena Mountain beaver and western lily, send information to Field Supervisor, Attention: 5-Year Review, U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office, 11655 Heindon Road, Arcata, CA 95521. Information may also be submitted electronically at *fw8pamb@fws.gov* for Point Arena Mountain beaver and *fw8wlily@fws.gov* for western lily. To obtain further information on Point Arena Mountain beaver, contact Robin Hamlin at the Arcata Fish and Wildlife Office at
(707)822-7201. To obtain further information on western lily, contact Dave Imper at the Arcata Fish and Wildlife Office at
(707)822-7201. All electronic information must be submitted in Text format or Rich Text format. Include the following identifier in the subject line of the e-mail: Information on 5-year review for [NAME OF SPECIES], and include your name and return address in the body of your message. How Are These Species Currently Listed? The current listing status of species for which 5-year reviews are being initiated by this notice is identified in Table 1 above. The current status may also be found on the List, which covers all listed species, and which is available on our Internet site at *http://endangered.fws.gov/wildlife.html#Species* . Definitions Related to This Notice To help you submit information about the species we are reviewing, we provide the following definitions: *Species* includes any species or subspecies of fish, wildlife, or plant, and any distinct population segment of any species of vertebrate, which interbreeds when mature; *Endangered species* means any species that is in danger of extinction throughout all or a significant portion of its range; and *Threatened species* means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. How Do We Determine Whether a Species Is Endangered or Threatened? Section 4(a)(1) of the Act requires that we determine whether a species is endangered or threatened based on one or more of the five following factors:
(A)The present or threatened destruction, modification, or curtailment of its habitat or range;
(B)Overutilization for commercial, recreational, scientific, or educational purposes;
(C)Disease or predation;
(D)The inadequacy of existing regulatory mechanisms; or (E)Other natural or manmade factors affecting its continued existence. Section 4(b)(1)(A) of the Act requires that our determination be made on the basis of the best scientific and commercial data available. What Could Happen as a Result of Our Review? For each species under review, if we find new information that indicates a change in classification may be warranted, we may propose a new rule that could do one of the following:
(a)Reclassify the species from threatened to endangered (uplist);
(b)reclassify the species from endangered to threatened (downlist); or
(c)remove the species from the List (delist). If we determine that a change in classification is not warranted, then the species will remain on the List under its current status. Completed 5-Year Reviews We also take this opportunity to inform the public of 39 5-year reviews that we completed in FY 2007 and early FY 2008 for species in California, Nevada, and southern Oregon. These 39 reviews can be found at *http://www.fws.gov/cno/es/5yr.html* . Any recommended change in listing status will require a separate rulemaking process. The table below summarizes the results of these reviews: Table 2.—Summary of Species in California, Nevada, and Southern Oregon for Which 5-Year Reviews Were Completed in FY 2007 and Early FY 2008 Common name Scientific name Recommendation Lead Fish and Wildlife Office Contact ANIMALS Brown pelican *Pelecanus occidentalis* Delist Region 2 Steve Chambers at
(505)248-6658 California freshwater shrimp *Syncaris pacifica* No status change Sacramento Al Donner at
(916)414-6600 Conservancy fairy shrimp *Branchinecta conservatio* No status change Sacramento Al Donner at
(916)414-6600 Kern primrose sphinx moth *Euproserpinus euterpe* No status change Sacramento Al Donner at
(916)414-6600 Laguna Mountains skipper *Pyrgus ruralis lagunae* No status change Carlsbad Jane Hendron at
(760)431-9440 Longhorn fairy shrimp *Branchinecta longiantenna* No status change Sacramento Al Donner at
(916)414-6600 Lost River sucker *Deltistes luxatus* Downlist Klamath Falls Curt Mullis at
(541)885-8481 Lotis blue butterfly *Lycaeides argyrognomon lotis* No status change Arcata Shortnose sucker *Chasmistes brevirostris* No status change Klamath Falls Curt Mullis at
(541)885-8481 Tidewater goby *Eucyclogobius newberryi* Downlist Ventura Lois Grunwald at
(805)644-1766 Vernal pool fairy shrimp *Branchinecta lynchi* No status change Sacramento Al Donner at
(916)414-6600 Vernal pool tadpole shrimp *Lepidurus packardi* No status change Sacramento Al Donner at
(916)414-6600 PLANTS Amargosa niterwort *Nitrophila mohavensis* No status change Nevada Jeannie Stafford at
(775)861-6300 Ash Meadows gumplant *Grindelia fraxino-pratensis* No status change Nevada Jeannie Stafford at
(775)861-6300 Ben Lomond spineflower *Chorizanthe pungens* var. *hartwegiana* No status change Ventura Lois Grunwald at
(805)644-1766 Catalina Island mountain mahogany *Cercocarpus traskiae* No status change Carlsbad Jane Hendron at
(760)431-9440 Chinese Camp brodiaea *Brodiaea pallida* No status change Sacramento Al Donner at
(916)414-6600 Chorro Creek bog thistle *Cirsium fontinale* var. *obispoense* No status change Ventura Lois Grunwald at
(805)644-1766 Eureka Valley dunegrass *Swallenia alexandrae* Delist Ventura Lois Grunwald at
(805)644-1766 Eureka Valley evening primrose *Oenothera avita* ssp. *eurekensis* Delist Ventura Lois Grunwald at
(805)644-1766 Greene's tuctoria *Tuctoria greenei* No status change Sacramento Al Donner at
(916)414-6600 Hartweg's golden sunburst *Pseudobahia bahiifolia* No status change Sacramento Al Donner at
(916)414-6600 Hoffman's rockcress *Arabis hoffmannii* No status change Ventura Lois Grunwald at
(805)644-1766 Howell's spineflower *Chorizanthe howellii* No status change Arcata Randy Brown at
(707)822-7201 Keck's checkermallow *Sidalcea keckii* No status change Sacramento Al Donner at
(916)414-6600 Mariposa pussypaws *Calyptridium pulchellum* No status change Sacramento Al Donner at
(916)414-6600 Orcutt's spineflower *Chorizanthe orcuttiana* No status change Carlsbad Jane Hendron at
(760)431-9440 Red Hills vervain *Verbena californica* No status change Sacramento Al Donner at
(916)414-6600 San Clemente Island broom *Lotus dendroideus* ssp. *traskiae* Downlist Carlsbad Jane Hendron at
(760)431-9440 San Clemente Island bushmallow *Malacothamnus clementinus* Downlist Carlsbad Jane Hendron at
(760)431-9440 San Clemente Island paintbrush *Castilleja grisea* Downlist Carlsbad Jane Hendron at
(760)431-9440 San Clemente Island woodland star *Lithophragma maximum* No status change Carlsbad Jane Hendron at
(760)431-9440 San Joaquin adobe sunburst *Pseudobahia peirsonii* No status change Sacramento Al Donner at
(916)414-6600 Santa Barbara Island live-forever *Dudleya traskiae* No status change Ventura Lois Grunwald at
(805)644-1766 Santa Cruz Island bushmallow *Malacothamnus fasciculatus* var. *nesioticus* No status change Ventura Lois Grunwald at
(805)644-1766 Santa Rosa Island manzanita *Arctostaphylos confertiflora* No status change Ventura Lois Grunwald at
(805)644-1766 Showy Indian clover *Trifolium amoenum* No status change Sacramento Al Donner at
(916)414-6600 Soft-leaved paintbrush *Castilleja mollis* No status change Ventura Lois Grunwald at
(805)644-1766 Yreka phlox *Phlox hirsuta* No status change Yreka Matt Baun or Nadine Kanim at
(530)842-5763 Authority: This document is published under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Dated: February 27, 2008. Ken McDermond, Regional Director, Region 8, U.S. Fish and Wildlife Service. [FR Doc. E8-4258 Filed 3-4-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-056-5853-EU; N-79534 et al.; 8-08807; TAS: 14X5232] Notice of Realty Action: Competitive Sealed Bid Sale of Public Lands in Clark County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The Bureau of Land Management
(BLM)proposes to offer 15 parcels of public land of approximately 143.24 acres in the Las Vegas Valley by competitive sealed bid sale procedures at not less than the fair market value (FMV). The sale will be conducted pursuant to the Southern Nevada Public Land Management Act of 1998 (SNPLMA), Public Law 105-263, 112 Stat. 2343, as amended. The SNPLMA sale will be subject to the applicable provisions of Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1713 and 1719, respectively, and BLM land sale and mineral conveyance regulations at 43 CFR 2710 and 2720. DATES: Interested parties may submit written comments regarding the proposed sale of public lands and the environmental assessment
(EA)until April 21, 2008. BLM will accept sealed bids for the offered parcels from qualified bidders until June 12, 2008, at 4:30 p.m., Pacific Time, at the address of the Las Vegas Field Office listed below. Sealed bids will be opened at a scheduled bid opening at the Las Vegas Field Office on June 17, 2008, at 10 a.m., Pacific Time. ADDRESSES: Mail written comments to the BLM Field Manager, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130. FOR FURTHER INFORMATION CONTACT: Brenda Wilhight, by e-mail at *Brenda_Wilhight@nv.blm.gov* or at
(702)515-5172. For general information on BLM public land sale procedures, refer to the following Web address: *http://www.blm.gov/nv/st/en/fo/lvfo/snplma/Land_Auctions.html* . SUPPLEMENTARY INFORMATION: This public sale is in conformance with the Las Vegas Resource Management Plan (RMP), approved on October 5, 1998. BLM has determined that the proposed action conforms to the RMP decision LD-1 under the authority of FLPMA. The public lands will be offered for competitive sale by sealed bid process at not less than the appraised FMV for each parcel and offered under the terms and conditions of this notice. Mount Diablo Meridian, Nevada T. 22 S. R. 60 E. Sec. 19, Lot 69, N 1/2 SW 1/4 SE 1/4 NE 1/4 , S 1/2 SW 1/4 NE 1/4 NW 1/4 . Sec. 22, S 1/2 NW 1/4 SE 1/4 SW 1/4 NE 1/4 , S 1/2 NE 1/4 SW 1/4 SW 1/4 NE 1/4 . T. 22 S., R. 61 E. Sec. 30, SW 1/4 NE 1/4 SW 1/4 NE 1/4 , SE 1/4 NW 1/4 SW 1/4 NE 1/4 , W 1/2 NW 1/4 SE 1/4 SW 1/4 NE 1/4 , NE 1/4 SW 1/4 SW 1/4 NE 1/4 , E 1/2 NW 1/4 SW 1/4 SW 1/4 NE 1/4 , E 1/2 SW 1/4 SW 1/4 SW 1/4 NE 1/4 , E 1/2 SE 1/4 SW 1/4 SW 1/4 NE 1/4 , E 1/2 NE 1/4 NE 1/4 NE 1/4 NE 1/4 . Containing approximately 27.50 acres, more or less. The total acreage for this sale is 143.24 acres. Of that acreage 115.74 acres were offered in previous sales. Their legal descriptions are not included in this notice of realty action. Parcels N-79534, N-79544, N-79545, N-79546, N-79548, N-79550, N-79551, N-81979, and N-84196, consisting of a total of 103.24 acres, more or less, are being offered as an assemblage. Prospective bidders who wish to bid on these parcels as one, may do so by sealed bid. The bidding process for the entire 103.24 acres begins at the consolidated FMV of the nine
(9)parcels. If there are no sealed bids received by the close of business on June 12, 2008, these parcels will be offered as individual parcels at the bid opening on June 17, 2008 by supplemental sealed bid process. Maps delineating the individual proposed sale parcels and the current appraised values for each parcel are available for public review at the Las Vegas Field Office, and at *https://www.propertydisposal.gsa.gov* . The land is being offered for sale using the competitive sealed bid procedures conducted pursuant to 43 CFR 2711.3-1. Interested bidders must submit sealed bids to the Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130, not later than June 12, 2008, 4:30 p.m., Pacific Time. Sealed bids must contain 20 percent of the total amount of the bid. Each bid must be accompanied by a certified check, postal money order, bank draft, or cashier's check made payable to the Bureau of Land Management for an amount not less than 20 percent of the total amount of the bid. Personal checks will not be accepted. Sealed bid envelopes must be clearly marked on the front lower left corner with “SEALED BID BLM LAND SALE, JUNE 17, 2008”, and “BLM SERIAL NUMBER N-__” for each sale parcel. Bids must be for not less than the FMV and a separate bid must be submitted for each parcel. The bid envelope must contain the completed BLM Form, Certificate of Eligibility, stating the name, mailing address, and phone number of the entity/person making the bid. Sealed bids will be opened and recorded to determine the high bidders on June 17, 2008, 10 a.m., Pacific Time at the Las Vegas Field Office. The highest qualifying bidder for each parcel will be declared the high bidder and the high bidder will receive written notice. Bidders submitting matching high bid amounts for the parcels will be provided an opportunity to submit a supplemental sealed bid. Following the sealed bid opening, all funds submitted with sealed bids will be returned to the unsuccessful bidders upon presentation of photo identification at the designated area. The FMV will be made available 60 days prior to the sealed bid closing date at the Las Vegas Field Office. The successful high bidder will be allowed 180 days from the date of the sale, December 15, 2008, to submit the remainder of the full bid price in the form of a certified check, money order, bank draft, or cashier's check made payable to the Bureau of Land Management. Personal checks will not be accepted. Failure to submit the full bid price prior to the expiration of the 180th day following the sale date will result in the forfeiture of the bid deposit to the BLM, and the parcel will be offered to the second highest qualifying bidder at their original bid. If there are no acceptable bids, the parcel may remain available for sale on a continuing basis in accordance with the competitive sale procedures described in 43 CFR 2711.3-1 without further legal notice. *Terms and Conditions:* Certain minerals will be reserved in accordance with the BLM approved Mineral Potential Report, dated January 22, 1999. An offer to purchase these parcels will constitute an application for mineral conveyance of the “no known value” mineral interests. In conjunction with the final payment, an applicant for “no known value” mineral interests will be required to pay a $50 non-refundable filing fee for processing the conveyance of the “no known value” mineral interests which will be sold simultaneously with the surface interests. The following numbered terms and conditions would appear on the conveyance documents for these parcels, as follows: 1. Discretionary leasable and saleable mineral deposits on the lands in Clark County, if any, reserved to the United States, in accordance with the above referenced Mineral Potential Report. Permittees, licensees, and lessees of the United States retain the right to prospect for, mine, and remove such leasable and saleable minerals owned by the United States under applicable law and any regulations that the Secretary of the Interior may prescribe, together with all necessary access and exit rights; 2. A right-of-way is reserved for ditches and canals constructed by authority of the United States under the Act of August 30, 1890 (43 U.S.C. 945); 3. A right-of-way for federal aid highway (Blue Diamond Road) purposes reserved to the Federal Highway Administration, its successors and assigns, by right-of-way No. Nev-012728, pursuant to the Act of August 27, 1958 (23 U.S.C. 107(D)) within sale parcels N-84290 and N-84292; 4. All parcels are subject to valid existing rights; 5. All parcels are subject to reservations for roads, public utilities and flood control purposes in accordance with the local governing entities' transportation plans; 6. By accepting this patent, the patentee agrees to indemnify, defend and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind or nature arising from the past, present, and future acts or omissions of the patentees, its employees, agents, contractors, or lessees, or any third-party, arising out of, or in connection with, the patentees use, occupancy, or operations on the patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the patentees, its employees, agents, contractors, or lessees, or third party arising out of or in connection with the use and/or occupancy of the patented real property resulting in:
(1)Violations of Federal, state, and local laws and regulations applicable to the real property;
(2)Judgments, claims or demands of any kind assessed against the United States;
(3)Costs, expenses, damages of any kind incurred by the United States;
(4)Other releases or threatened releases on, into or under land, property and other interests of the United States by solid or hazardous waste(s) and/or hazardous substances(s), as defined by Federal or state environmental laws;
(5)Other activities by which solid or hazardous substances or wastes, as defined by Federal and state environmental laws were generated, released, stored, used or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to said solid or hazardous substances or wastes;
(6)Or natural resource damages as defined by Federal and state law. This covenant shall be construed as running with the patented real property, and may be enforced by the United States in a court of competent jurisdiction; and 7. Pursuant to the requirements established by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9620(h) (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given that the above-described lands have been examined and no evidence was found to indicate that any hazardous substances have been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property. No warranty of any kind, express or implied, is given by the United States as to title, whether or to what extent the land may be developed, its physical condition, future uses, or any other circumstance or condition. The conveyance of any parcel will not be on a contingency basis. However, to the extent required by law, all parcels are subject to the requirements of section 120(h) of the CERCLA. Federal law requires that bidders must be
(1)United States citizens 18 years of age or older;
(2)a corporation subject to the laws of any State or of the United States;
(3)an entity including, but not limited to associations or partnerships capable of acquiring and owning real property, or interests therein, under the laws of the State of Nevada; or
(4)a State, State instrumentality, or political subdivision authorized to hold real property. U.S. citizenship is evidenced by presenting a birth certificate, passport, or naturalization papers. Failure to submit the above requested documents by July 17, 2008 shall result in the cancellation of the sale and forfeiture of the bid deposit. Furthermore, the parcels may be subject to land use applications received prior to publication of this Notice if processing the application would have no adverse effect on the marketability of title, or the FMV of a parcel. Encumbrances of records, appearing in the BLM public files for the parcels proposed for sale, are available for review during business hours, 7:30 a.m. to 4:30 p.m., Pacific Time, Monday through Friday, at the Las Vegas Field Office, except during federally recognized holidays. Subject to limitations prescribed by law and regulation, and prior to patent issuance, a holder of any right-of-way within the parcels may be given the opportunity to amend the right-of-way for conversion to a new term, including perpetuity, if applicable, or to an easement. BLM will notify valid existing right-of-way holders of their ability to convert their compliant rights-of-way to perpetual rights-of-way or easements. Each valid holder will be notified in writing of their rights and then must apply for the conversion of their current authorization. Unless other satisfactory arrangements are approved in advance by a BLM authorized officer, conveyance of title shall be through the use of escrow. Designation of the escrow agent shall be through mutual agreement between the BLM and the prospective patentee, and costs of escrow shall be borne by the prospective patentee. Requests for all escrow instructions must be received by the Las Vegas Field Office prior to 30 days before the bidder's scheduled closing date. There are no exceptions. Within 30 days of the sale, BLM will in writing, either accept or reject all bids received. Pursuant to 43 CFR 2711.3-1, a bid is the bidder's offer to BLM to purchase the parcel. No contractual or other rights against the United States may accrue until BLM officially accepts the offer to purchase, and the full bid price is submitted by the 180th day following the sale. All name changes and supporting documentation must be received at the Las Vegas Field Office by July 17, 2008, 4:30 p.m., Pacific Time. Otherwise, the patent will be issued to the name(s) on the bidder statement that's completed and submitted on June 17, 2008. No name changes will be accepted after July 17, 2008, 4:30 p.m., Pacific Time. To change the name on the bidder statement, high bidders must notify the Las Vegas Field Office in writing, and submit a new bidder statement, which is available at the Las Vegas Field Office or in the sale brochure, and be completed by the intended patentee(s). The remainder of the full bid price for each parcel must be paid prior to the expiration of the 180th day following the competitive sale date, which is December 15, 2008, in the form of a certified check, postal money order, bank draft, or cashier's check made payable in U.S. dollars to the order of the Department of Interior—Bureau of Land Management. Personal checks will not be accepted. Arrangements for electronic fund transfer to BLM for the payment balance due on or before December 15, 2008, shall be made a minimum of two weeks prior to the date you wish to make payment. Failure to pay the full bid price prior to the expiration of the 180th day following the sale date will disqualify the apparent high bidder and cause the entire 20 percent deposit to be forfeited to the BLM. Forfeiture of the 20 percent deposit is by operation of 43 CFR 2711.3-1(d). No exceptions will be made. BLM cannot accept the full bid price after the 180th day of the sale date. BLM will not sign any documents related to 1031 Exchange transactions. The timing for completion of the exchange is the bidder's responsibility in accordance with Internal Revenue Services regulations. BLM is not a party to any 1031 Exchange. All sales are made in accordance with and subject to the governing provisions of law and applicable regulations. In accordance with 43 CFR 2711.3-1(f), the BLM may accept or reject any or all offers to purchase, or withdraw any parcel of land or interest therein from sale, if, in the opinion of a BLM authorized officer, consummation of the sale would be inconsistent with any law, or for other reasons. If not sold, any parcels described above in this notice may be identified for sale at a later date without further legal notice. Unsold parcels may be offered for sale in a future Internet auction. Internet auction procedures will be available at *http://www.auctionrp.com.* If unsold on the Internet, parcels may be offered for sale at future oral and Internet auctions without additional legal notice. Upon publication of this notice and until completion of the sale, the BLM is no longer accepting land use applications affecting the parcels identified for sale. However, land use applications may be considered after completion of the sale for parcels that are not sold. In order to determine the FWV certain assumptions may have been made of the attributes and limitations of the lands and potential effects of local regulations and policies on potential future land uses. Through publication of this notice the BLM advises that these assumptions may not be endorsed or approved by units of local government. It is the buyer's responsibility to be aware of all applicable Federal, state, and local government laws, regulations and policies that may affect the subject lands, including any required dedication of lands for public uses. It is the buyer's responsibility to be aware of existing or projected use of nearby properties. When conveyed out of Federal ownership, the lands will be subject to any applicable laws, regulations, and policies of the applicable local government for proposed future uses. It will be the responsibility of the purchaser to be aware through due diligence of those laws, regulations, and policies, and to seek any required local approvals for future uses. Buyers should also make themselves aware of any Federal or state law or regulation that may impact the future use of the property. Any land lacking access from a public road or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. SNPLMA parcels proposed for sale were analyzed in the “Las Vegas Land Disposal Boundary Environmental Impact Statement,” approved December 23, 2004 (EIS), which is available for public review at the Las Vegas Field Office. Ten parcels being offered in this sale were previously analyzed through EAs and approved for sale. Copies of the applicable EAs for N-79534, N-79544 through N-79546, N-79548, N-79550 through N-79551, N-81979, N-81988 and N-84196 are available for review upon request at the Las Vegas Field Office. The remaining five parcels identified in this notice are analyzed in an EA for this sale which tiers to the EIS. Upon publication of this notice, this EA is available for public review and comment at the Las Vegas Field Office. BLM will be accepting public comments on the EA for the five parcels for 45 days after publication in the **Federal Register** . Information concerning the sale, appraisals, reservations, procedures and conditions, CERCLA and other environmental documents will be available for review at the Las Vegas Field Office, or by calling
(702)515-5000 and asking to speak to a member of the sales team. Most of this information will also be available on the Internet at *https://www.propertydisposal.gsa.gov.* Only written comments submitted by postal service or overnight mail will be considered properly filed. Electronic mail, facsimile or telephone comments will not be considered as properly filed. Before including your address, phone number, e-mail address, or other personal identifying information in your comment—you should be aware that your entire comment, including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Any adverse comments regarding the proposed sale will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. (Authority: 43 CFR part 2711) Mark R. Chatterton, Associate Field Manager. [FR Doc. E8-4208 Filed 3-4-08; 8:45 am] BILLING CODE 4310-HC-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-633] In the Matter of Certain Acetic Acid; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 28, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Celanese International Corporation of Dallas, Texas. A supplement was filed on February 19, 2008. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain acetic acid by reason of infringement of certain claims of U.S. Patent No. 6,303,813. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Erin D. E. Joffre, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone
(202)205-2550. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on February 22, 2008, *ordered that* —
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain acetic acid by reason of infringement of claims 1-4, 6, 9, and 14-17 of U.S. Patent No. 6,303,813, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainant is— Celanese International Corporation, 1601 West LBJ Freeway, Dallas, Texas 75234.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Jiangsu Sopo Corporation (Group) Ltd., a/k/a Jiangsu Sopo (Group) Corp., a/k/a Jiangsu Sopo (Group) Co. Ltd., Changgang, Dantu County, Zhenjiang, Jiangsu Province, Shanghai, China 201203. Jiangsu Sopo Group, Shanghai Limited Company, Room 2005 Hua Xia Bank Tower, No. 256 Pu Dong Road (S), Shanghai, China 200120.
(c)The Commission investigative attorney, party to this investigation, is Erin D. E. Joffre, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401Q, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Carl C. Charneski is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or cease and desist orders or both directed against the respondent. By order of the Commission. Issued: February 22, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-4170 Filed 3-4-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Notice is hereby given that on February 26, 2008, a proposed consent decree (“decree”) in *United States and State of Colorado* v. *Home Depot USA, Inc.* , Civil Action No. 1:08-cv-00115 was lodged with the United States District Court for the District of Delaware. In this action the United States alleged violations of the construction storm water requirements of the Clean Water Act, its regulations, and applicable permits at numerous Home Depot construction sites in numerous states across the country. The consent decree requires Home Depot to implement a comprehensive, corporate-wide program to prevent storm water pollution at each new store it builds nationwide. Among other things, Home Depot must develop improved storm water pollution prevention plans for each site, perform increased inspections with its construction contractors and promptly correct any problems at its sites, and develop a training program for its construction managers and contractors on the federal storm water requirements. The company is also required to appoint a high-level company official to oversee compliance at all Home Depot construction sites and to implement a management and internal reporting system to improve oversight of on-the-ground operations. Home Depot must also pay a $1.3 million civil penalty, $35,000 of which is to be paid to Colorado. The Department of Justice will receive for a period of thirty
(30)days from the date of this publication comments relating to the decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to *pubcomment-ees.enrd@usdoj.gov* or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States and State of Colorado* v. *Home Depot USA, Inc.* , D.J. Ref. 90-5-1-1-08058. The decree may be examined at the Office of the United States Attorney, The Nemours Building, 1007 Orange Street, Suite 700, P.O. Box 2046, Wilmington, DE 19899-2046, and at the U.S. EPA Docket Center, 1301 Constitution Ave., NW, Washington, DC 20460. During the public comment period, the decree may also be examined on the following Department of Justice Web site: *http://www.usdoj.gov/enrd/Consent_Decrees.html* . A copy of the decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.
(202)514-0097, phone confirmation number
(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $25.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Karen S. Dworkin, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-4125 Filed 3-4-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF LABOR Employment and Training Administration Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration
(ETA)announces administrative changes in the locations where future non-electronic applications must be filed under the permanent foreign labor certification program and temporary foreign labor certification programs administered by the ETA's Office of Foreign Labor Certification (OFLC). DATES: This Notice is effective on June 1, 2008. Beginning June 16, 2008, applications and attestations filed non-electronically with the incorrect National Processing Center or the National OFLC will be returned to the filer for proper submission. ADDRESSES: *Atlanta NPC:* U.S. Department of Labor, Employment and Training Administration, Atlanta National Processing Center, Harris Tower, 233 Peachtree Street, NE., Suite 410, Atlanta, Georgia 30303, telephone:
(404)893-0101, facsimile:
(404)893-4642, help desk e-mail: *plc.atlanta@dol.gov.* *Chicago NPC:* U.S. Department of Labor, Employment and Training Administration, Chicago National Processing Center, 844 North Rush Street, 12th Floor, Chicago, Illinois 60611, telephone:
(312)886-8000, facsimile:
(312)353-3352, help desk e-mail: *plc.chicago@dol.gov.* *OFLC National Office:* Temporary Programs Manager, Office of Foreign Labor Certification, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210, telephone:
(202)693-3010. The above telephone and facsimile numbers are not toll-free. FOR FURTHER INFORMATION CONTACT: William L. Carlson, PhD., Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210, telephone:
(202)693-3010 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: I. Background The OFLC provides national leadership and policy guidance, and develops regulations and administrative procedures to carry out the responsibilities of the Secretary of Labor under the Immigration and Nationality Act
(INA)concerning foreign workers seeking admission to the United States in order to work under the labor certification programs authorized by the INA. In December 2004, OFLC opened two National Processing Centers (NPCs), one each located in Atlanta and Chicago, as part of a long-term strategy to streamline, re-engineer, and centralize labor certification processes that historically were fragmented, duplicative, lengthy, and unduly burdensome. These Centers currently process labor certification applications filed by, or on behalf of, employers seeking to employ foreign workers in the U.S. under the permanent labor certification program and temporary nonimmigrant H-2A and H-2B programs, including certain applications which have required special handling. In addition, the National OFLC receives and processes labor certification applications for certain other classes of temporary nonimmigrant programs, such as those for D-1 crewmembers performing longshore work, emergency boilermakers, professional athletes, and H-1C nurses in health professional shortage areas. Employers file many of the forms and applications under such programs with the Department of Labor electronically, but some forms and applications continue to be filed non-electronically. The purpose of this Notice is to update the filing instructions for labor certification applications in the permanent and temporary labor certification programs, in light of the Department's continuing efforts to make its processing of applications as efficient and effective as is appropriate. Further, this Notice announces the Department's decision to centralize the processing of permanent applications in the Atlanta NPC and the processing of temporary program applications in the Chicago NPC. Labor certification applications filed by, or on behalf of, employers in the following programs will be affected by this Notice: A. Immigrant Program • *Permanent Labor Certification Program* Certain employment-based immigrant programs provide a means for employers to employ foreign nationals to work permanently in the United States. Before filing an immigrant petition with the Department of Homeland Security
(DHS)to sponsor a foreign worker for employment in certain employment-based immigrant visa categories, employers must first apply with the Secretary of Labor for a certification that:
(1)There are not sufficient U.S. workers who are able, willing, qualified, and available to perform the work and
(2)employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. 8 U.S.C. 1182(a)(5)(A); 20 CFR part 656. B. Nonimmigrant Programs • *D-1 Temporary Program* The D-1 nonimmigrant program provides a means for U.S. employers to import foreign nationals on a temporary basis as crewmembers to perform longshore activities at U.S. ports, including locations in the State of Alaska. Before filing a D-1 petition for nonimmigrant work with the DHS, an employer must first file with the Secretary of Labor an attestation as to certain criteria required of the employer and the job opportunity. 8 U.S.C. 1101(a)(15)(D)(i) and 1288; 20 CFR part 655, subparts F and G. • *H-1B Temporary Program* The H-1B nonimmigrant program provides a means for U.S. employers to import foreign nationals on a temporary basis to perform services in a specialty occupation or as a fashion model. Before filing an H-1B petition for a nonimmigrant worker with the DHS, an employer must first file with the Secretary of Labor a labor condition application as to certain criteria required of the employer and the job opportunity. 8 U.S.C. 1101(a)(15)(H)(i)(b) and 1182(n); 20 CFR part 655, subparts H and I. • *H-1B1 Temporary Program* The H-1B1 nonimmigrant program provides a means for U.S. employers to import nationals of Chile and Singapore to perform services in a specialty occupation. Before filing an H-1B1 petition for a nonimmigrant worker with DHS, an employer must first file with the Secretary of Labor an attestation as to certain criteria required of the employer and the job opportunity. 8 U.S.C. 1101(a)(15)(H)(i)(b1) and 1182(t); 20 CFR part 655, subparts H and I. • *E-3 Temporary Program* The E-3 nonimmigrant program provides a means for U.S. employers to import foreign nationals of Australia to perform services in a specialty occupation. Before filing an E-3 petition for a nonimmigrant worker with DHS, an employer must first file with the Secretary of Labor an attestation as to certain criteria required of the employer and the job opportunity. 8 U.S.C. 1101(a)(15)(E)(iii) and 1182(t); 20 CFR part 655, subparts H and I. • *H-1C Temporary Program* The H-1C nonimmigrant program provides a means for certain facilities to import foreign workers on a temporary basis to perform services as registered nurses in health professional shortage areas. Before filing an H-1C petition for a nonimmigrant worker with DHS, an employer must first file with the Secretary of Labor an attestation as to certain criteria required of the facility and the job opportunity. 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); 20 CFR part 655, subparts L and M. • *H-2A Temporary Labor Certification Program* The H-2A nonimmigrant program provides a means for U.S. employers to employ foreign workers on a temporary or seasonal basis to perform agricultural labor or services of a temporary or seasonal nature. Before filing an H-2A petition for a nonimmigrant worker with DHS, an employer must first apply with the Secretary of Labor for a certification that:
(1)There are not sufficient U.S. workers who are able, willing, qualified, and available to perform the labor or services; and
(2)employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. 8 U.S.C. 1101(a)(15)(H)(ii)(a) and 1188; 20 CFR part 655, subpart B; see also 29 CFR part 501. • *H-2B Temporary Labor Certification Program* The H-2B nonimmigrant program provides a means for U.S. employers to employ foreign workers on a temporary basis to perform non-agricultural services or labor, if unemployed U.S. workers are unavailable. Before filing an H-2B petition for nonimmigrant worker with DHS, an employer (other than in Guam) must first apply with the Secretary of Labor or the Governor of Guam for a certification that:
(1)U.S. workers capable of performing the temporary labor or services are not available; and
(2)employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 1184(c)(1); and 20 CFR part 655, subparts A and C; see also 8 CFR 214.2(h)(6). II. Administrative Changes to Filing Locations The Department is announcing administrative changes in the locations where future applications must be filed under the permanent labor certification program and certain temporary foreign labor certification programs administered by the OFLC. The Atlanta NPC will receive all applications for permanent labor certification under the Program Electronic Review Management
(PERM)System, and the Chicago NPC will receive all applications for temporary labor certification under the programs as identified below. Beginning on the effective date of this Notice, the National OFLC will no longer receive any foreign labor certification applications. Centralizing the filing of labor certification applications and specializing each NPC will increase operational efficiencies in each program, improve customer service that reduces confusion with respect to where permanent and temporary labor certification applications should be filed, enhance efforts to combat fraud and abuse within and across each program, and promote greater consistency and uniformity in the adjudication of labor certification applications. For the first 15 calendar days after the effective date of this Notice, applications and attestations filed with the incorrect NPC or OFLC National Office will be forwarded to the correct NPC. However, beginning Monday, June 16, 2008, applications and attestations filed with the incorrect NPC or OFLC National Office will be returned to the filer for proper filing. A. Application Filings With the Atlanta NPC Permanent Labor Certification Program *General:* The Department strongly encourages employers to file PERM applications using the Permanent Online System at *http://www.plc.doleta.gov* . Effective June 1, 2008, employers who do not wish to file online must mail their PERM applications directly to the Atlanta NPC. *Professional Athletes:* There are special procedures for the permanent employment of immigrant professional athletes. Effective June 1, 2008, employers must file PERM applications under the special procedures for professional athletes directly with the Atlanta NPC. B. Application Filings With the Chicago NPC 1. D-1 Temporary Program *General:* Effective June 1, 2008, employers must file Attestations for D-1 Nonimmigrant Crewmembers performing longshore activities directly with the Chicago NPC. 2. H-1B, H-1B1, and E-3 Temporary Nonimmigrant Programs *General:* Except as authorized below, employers must continue to file H-1B, H-1B1, and E-3 Labor Condition Applications
(LCAs)using the LCA Online System at *http://www.lca.doleta.gov* . Effective June 1, 2008, employers with physical disabilities authorized by the OFLC National Office to file LCAs using U.S. mail must file directly with the Chicago NPC. 3. H-1C Temporary Program *General:* Effective June 1, 2008, employers must file Attestations for H-1C Nonimmigrant Nurses directly with the Chicago NPC. 4. H-2A Temporary Labor Certification Program *General:* Effective June 1, 2008, employers must file applications for H-2A temporary labor certification concurrently with the Chicago NPC and the State Workforce Agency
(SWA)serving the area of intended employment. If a fixed-site employer has one or more worksites in the same area of intended employment, and the area of intended employment lies in the jurisdiction of more than one SWA, the employer must file a single application concurrently with the Chicago NPC and the SWA in the State where the work will begin. 5. H-2B Temporary Labor Certification Program *General:* Employers must continue to file applications for H-2B temporary labor certification (including those filed for tree planting and related reforestation activities) with the SWA serving the area of intended employment. If an employer has one or more worksites in the same area of intended employment (i.e., Metropolitan Statistical Area), and the area of intended employment lies in the jurisdiction of more than one SWA, the employer may file a single application with the SWA in the State where the work will begin. However, for all applications filed with the SWA on or after June 1, 2008, the SWA must send completed applications to the Chicago NPC. i. *Logging:* Employers must continue to file applications with their respective SWAs for temporary labor certification for the logging industry, i.e., Maine, New Hampshire, New York, or Vermont SWA. However, for all applications filed with the SWA on or after June 1, 2008, the SWA must send the completed applications directly to the Chicago NPC. ii. *Entertainers:* Employers must continue to file applications for H-2B temporary labor certification with the SWA Offices Specializing in Entertainment
(OSEs)in Austin, New York, or Sacramento. After processing, the SWA OSE must continue to send all completed applications to the Chicago NPC. iii. *Emergency boilermaker applications and professional athletes:* Effective June 1, 2008, employers must file applications for H-2B temporary labor certification for emergency boilermakers and professional athletes directly with the Chicago NPC. III. Administrative Changes in Requesting Withdrawals Beginning June 1, 2008, all requests for withdrawals of PERM applications must be submitted to the Atlanta NPC. All requests for withdrawals of LCAs, labor certifications for H-2A or H-2B, or H-1C attestations that cannot be made electronically must be submitted to the Chicago NPC. Authority: Employment and Training Order No. 2-05, June 22, 2005; 70 FR 39386 (July 7, 2005). Signed in Washington, DC, this 25th day of February, 2008. Douglas F. Small, Deputy Assistant Secretary, Employment and Training Administration. [FR Doc. E8-4119 Filed 3-4-08; 8:45 am] BILLING CODE 4510-FP-P DEPARTMENT OF LABOR Veterans' Employment & Training Service Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Veterans' Employment & Training Service is soliciting comments concerning the proposed collection: Veteran Employment Services Survey. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before Friday, April 4, 2008. ADDRESSES: Ms. Ruth M. Samardick, Office of the Assistant Secretary for Veterans' Employment and Training, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-1325, Washington, DC 20210, telephone
(202)693-4706, fax
(202)693-4754, e-mail *samardick.ruth@dol.gov* . Please use only one method of transmission for comments (mail, fax, or e-mail). SUPPLEMENTARY INFORMATION: I. Background The purpose of this information collection is to learn more about veteran users of One-Stop Career Centers who do not appear to have had successful employment outcomes. The survey data collected will help determine to what extent the apparent lack of successful outcomes for veteran job seekers, as measured by the participating state's reported entered employment rate (EER), corresponds to an actual lack of success or to measurement methods. If current measurement methods are inaccurate, the collection will provide information about the nature of the problem. The survey results will be used to estimate the size of the measurement gap—the difference between the reported EER and the true EER. In estimating the true EER, we will estimate the number and percentage of veterans who are unsuccessful finding jobs. Further, this collection will allow DOL to learn key characteristics and reasons why some veterans have difficulty or fail to find jobs, learn what services were received and what veterans thought of them, and learn what services were not received and whether they were needed. II. Review Focus The Department of Labor is particularly interested in comments which: Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; enhance the quality, utility and clarity of the information to be collected; and minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions The Department of Labor seeks a new approval of this information collection in order to learn more about veteran users of One-Stop Career Centers who do not appear to have had successful employment outcomes. *Type of Review:* New. *Agency:* Veterans' Employment & Training Service. *Title:* Veteran Employment Services. *OMB Number:* N/A. *Agency Number:* CA-1032. *Affected Public:* Individuals or households. *Total Respondents:* 1,068. *Total Annual Responses:* 1,068. *Average Time per Response:* 15 minutes. *Estimated Total Burden Hours:* 267. *Frequency:* One Time. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* Contractor cost of $299,955. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Signed in Washington, DC, this 27th day of February 2008. John M. McWilliam, Deputy Assistant Secretary, Veterans Employment and Training. [FR Doc. E8-4091 Filed 3-4-08; 8:45 am] BILLING CODE 4510-79-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-293-LR;] [ASLBP No. 06-848-02-LR] Atomic Safety and Licensing Board; Before Administrative Judges: Ann Marshall Young, Chair, Dr. Paul B. Abramson, Dr. Richard F. Cole, In the Matter of: Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station); Notice of Hearing and of Opportunity To Make Limited Appearance Statements February 27, 2008. This proceeding involves Entergy Nuclear Operations, Inc.'s Application to renew its operating license for the Pilgrim Nuclear Power Station for an additional 20-year period, and Intervenor Pilgrim Watch's challenge of certain aspects of the Application. 1 This Atomic Safety and Licensing Board hereby gives notice that the oral hearing in the proceeding will be held on Thursday, April 10, 2008. The hearing will commence at 9 a.m., at the Radisson Hotel, 180 Water Street in Plymouth, Massachusetts. 1 The Town of Plymouth, Massachusetts, where the Pilgrim plant is located, is also participating in this proceeding as an interested local governmental body, pursuant to 10 CFR 2.315(c). In addition, the Board further hereby gives notice that, in accordance with 10 CFR. 2.315(a), it will entertain oral limited appearance statements from members of the public in connection with this proceeding on the evening of April 9, 2008, as specified below. Limited Appearance Statement Session a. Date, Time, and Location of Oral Limited Appearance Statement Session The session will be held on the following date at the specified location and time: *Date:* April 9, 2008. *Time:* 6:30-8:30 p.m. EDT. *Location:* Radisson Hotel, 180 Water Street, Plymouth, Massachusetts 02360. b. Participation Guidelines for Oral Limited Appearance Statements Members of the public will be permitted in this session to make short oral statements of five
(5)minutes or less on their positions on matters of concern relating to this proceeding. Although these statements do not constitute testimony or evidence in the proceeding, they nonetheless may assist the Board and/or the parties in their consideration of the issues. Oral limited appearance statements will be entertained during the hours specified above, or such lesser time as necessary to accommodate all speakers who are present. 2 If all scheduled and unscheduled speakers present at the session have spoken prior to the scheduled time to end the session, the Board may conclude the session before that time. In addition, if there is an unusually large group of persons wishing to speak, the time permitted for each speaker may be limited to a period of less than five
(5)minutes, in order to allow all interested persons an opportunity to speak. 2 Members of the public who plan to attend the limited appearance session are advised that security measures may be employed at the entrance to the facility, including searches of hand-carried items such as briefcases, backpacks, packages, etc. In addition, although signs no larger than 18” by 18” will be permitted, they may not be waved, attached to sticks, held up, or moved about in the room. See Procedures for Providing Security Support for NRC Public Meetings/Hearings, 66 FR 31,719 (June 12, 2001). c. Submitting a Request to Make an Oral Limited Appearance Statement Persons wishing to make an oral statement who have submitted a timely written request as specified below and who are present when their names are called will be given priority over those who have not filed such a request. To be considered timely, a written request to make an oral statement must be mailed, faxed, or sent by e-mail so as to be received by 5 p.m. EDT on Friday, April 4, 2008. Written requests to make an oral statement should be submitted to: *Mail:* Office of the Secretary, Rulemakings and Adjudications Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. *Fax:*
(301)415-1101 (verification
(301)415-1966). *E-mail:* *hearingdocket@nrc.gov* . In addition, using the same method of service, a copy of the written request to make an oral statement must be sent to the Chair of this Licensing Board as follows: *Mail:* Administrative Judge Ann Marshall Young, c/o: Johanna Thibault, Esq., Law Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T-3 A2A, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. *Fax:*
(301)415-5599 (verification
(301)415-6094). *E-mail: Johanna.Thibault@nrc.gov.* d. Submitted Written Limited Appearance Statements A written limited appearance statement may be submitted to the Board regarding this proceeding at any time, either in lieu of or in addition to any oral statement. Such statements should be sent to the Office of the Secretary using the methods prescribed above, with a copy to the Licensing Board Chair. Dated: February 27, 2008, at Rockville, Maryland. For the Atomic Safety and Licensing Board. Ann Marshall Young, Chair, Administrative Judge. [FR Doc. E8-4226 Filed 3-4-08; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213. Extension: Rule 17d-1; SEC File No. 270-505; OMB Control No. 3235-0562. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) the Securities and Exchange Commission (the “Commission”) is soliciting comments on the collections of information summarized below. The Commission plans to submit these existing collections of information to the Office of Management and Budget for extension and approval. Section 17(d) (15 U.S.C. 80a-17(d)) of the Investment Company Act of 1940 (15 U.S.C. 80a *et seq.* ) (the “Act”) prohibits first- and second-tier affiliates of a fund, the fund's principal underwriters, and affiliated persons of the fund's principal underwriters, acting as principal, to effect any transaction in which the fund or a company controlled by the fund is a joint or a joint and several participant in contravention of the Commission's rules. Rule 17d-1 (17 CFR 270.17d-1) prohibits an affiliated person of or principal underwriter for any fund (a “first-tier affiliate”), or any affiliated person of such person or underwriter (a “second-tier affiliate”), acting as principal, from participating in or effecting any transaction in connection with a joint enterprise or other joint arrangement in which the fund is a participant, unless prior to entering into the enterprise or arrangement “an application regarding (the transaction) has been filed with the Commission and has been granted by an order.” In reviewing the proposed affiliated transaction, the rule provides that the Commission will consider whether the proposal is
(i)consistent with the provisions, policies, and purposes of the Act, and
(ii)on a basis different from or less advantageous than that of other participants in determining whether to grant an exemptive application for a proposed joint enterprise, joint arrangement, or profit-sharing plan. Rule 17d-1 also contains a number of exceptions to the requirement that a fund must obtain Commission approval prior to entering into joint transactions or arrangements with affiliates. For example, funds do not have to obtain Commission approval for certain employee compensation plans, certain tax-deferred employee benefit plans, certain transactions involving small business investment companies, the receipt of securities or cash by certain affiliates pursuant to a plan of reorganization, and arrangements regarding liability insurance policies. The Commission amended rule 17d-1 most recently in 2003 to expand the current exemptions from the Commission approval process to permit funds to engage in transactions with “portfolio affiliates”—companies that are affiliated with the fund solely as a result of the fund (or an affiliated fund) controlling them or owning more than five percent of their voting securities. This amendment was designed to permit funds' transactions with portfolio affiliates without seeking Commission approval, as long as certain other affiliated persons of the fund ( *e.g.* , the fund's adviser, persons controlling the fund, and persons under common control with the fund) (“prohibited participants”) are not parties to the transaction and do not have a “financial interest” in a party to the transaction. The rule excludes from the definition of “financial interest” any interest that the fund's board of directors (including a majority of the directors who are not interested persons of the fund) finds to be not material, as long as the board records the basis for its finding in their meeting minutes. Thus, the rule contains two filing and recordkeeping requirements that constitute collections of information. First, rule 17d-1 requires funds that wish to engage in a joint transaction or arrangement with affiliates to meet the procedural requirements for obtaining exemptive relief from the rule's prohibition on joint transactions or arrangements involving first- or second-tier affiliates. Second, rule 17d-1 permits a portfolio affiliate to enter into a joint transaction or arrangement with the fund if a prohibited participant has a financial interest that the fund's board determines is not material and records the basis for this finding in their meeting minutes. These requirements of rule 17d-1 are designed to prevent fund insiders from managing funds for their own benefit, rather than for the benefit of the funds' shareholders. Based on an analysis of past filings, Commission staff estimates that 4 funds file applications under section 17(d) and rule 17d-1 per year. Based on a limited survey of persons in the mutual fund industry, the Commission staff estimates that each applicant will spend an average of 154 hours to comply with the Commission's applications process. The Commission staff therefore estimates the annual burden hours per year for all funds under rule 17d-1's application process to be 616 hours. Based on analysis of past filings, the Commission's staff estimates that 148 funds are affiliated persons of 668 issuers as a result of the fund's ownership or control of the issuer's voting securities, and that there are approximately 1,000 such affiliate relationships. Staff discussions with mutual fund representatives have suggested that no funds are currently relying on rule 17d-1 exemptions. We do not know definitively the reasons for this transactional behavior, but differing market conditions from year to year may offer some explanation for the current lack of fund interest in the exemptions under rule 17d-1. Accordingly, we estimate that annually there will be no joint transactions under rule 17d-1 that will result in a collection of information. The Commission, therefore, requests authorization to maintain an inventory of total burden hours per year for all funds under rule 17d-1 of 616 hours. The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act. The estimate is not derived from a comprehensive or even a representative survey or study of the costs of Commission rules. Complying with these collections of information requirement is necessary to obtain the benefit of relying on rule 17d-1. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. Written comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: *PRA_Mailbox@sec.gov* . Dated: February 27, 2008. Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4206 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213. Extension: Rule 18f-1 and Form N-18f-1; SEC File No. 270-187; OMB Control No. 3235-0211. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 350l-3520), the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 18f-1 (17 CFR 270.18f-1) enables a registered open-end management investment company (“fund”) that may redeem its securities in-kind, by making a one-time election, to commit to make cash redemptions pursuant to certain requirements without violating section 18(f) of the Investment Company Act of 1940 (15 U.S.C. 80a-18(f)). A fund relying on the rule must file Form N-18F-1 (17 CFR 274.51) to notify the Commission of this election. The Commission staff estimates that approximately 39 funds file Form N-18F-1 annually, and that each response takes approximately one hour. Based on these estimates, the total annual burden hours associated with the rule is estimated to be 39 hours. The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act, and is not derived from a comprehensive or even a representative survey or study of the costs of Commission rules. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Written comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information has practical utility;
(b)the accuracy of the Commission's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: *PRA_Mailbox@sec.gov* . Dated: February 27, 2008. Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4207 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 28176; 812-13348] Patriot Capital Funding, Inc.; Notice of Application February 28, 2008. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of an application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from sections 23(a), 23(b) and 63 of the Act, and under sections 57(a)(4) and 57(i) of the Act and rule 17d-1 under the Act permitting certain joint transactions otherwise prohibited by section 57(a)(4) of the Act. Summary of the Application: Patriot Capital Funding, Inc. (“Applicant”) requests an order to permit Applicant to issue restricted shares of its common stock under the terms of its employee compensation plan. Filing Dates: The application was filed on November 29, 2006, and amended on February 15, 2008. Applicant has agreed to file an amendment during the notice period, the substance of which is reflected in the notice. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving Applicant with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on March 24, 2008, and should be accompanied by proof of service on applicant, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. Applicant, c/o Richard P. Buckanavage, President and Chief Executive Officer, Patriot Capital Funding, Inc., 274 Riverside Avenue, Westport, CT 06880. FOR FURTHER INFORMATION CONTACT: Shannon Conaty, Senior Counsel, at
(202)551-6827, or Janet M. Grossnickle, Branch Chief, at
(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Commission's Public Reference Desk, 100 F Street, NE., Washington, DC 20549-1520 (tel. 202-551-5850). Applicant's Representations 1. Applicant, a Delaware corporation, is an internally managed, non-diversified, closed-end investment company that has elected to be regulated as a business development company (“BDC”) under the Act. 1 Applicant is a specialty finance company that provides customized financing solutions to small- and medium-sized companies. Applicant's investments are primarily senior secured commercial loans, subordinated debt instruments and junior secured term loans. Shares of Applicant's common stock are traded on The NASDAQ Stock Market, Inc. Global Select Market under the symbol “PCAP.” As of December 31, 2007, there were 20,650,455 shares of Applicant's common stock issued and outstanding. As of that date, Applicant had 14 employees, including the employees of its one wholly-owned consolidated subsidiary, Patriot Capital Funding LLC I. 1 Applicant was organized on November 4, 2002. When Applicant commenced business operations in 2003, its business was conducted through two separate entities, Patriot Capital Funding, Inc. and Wilton Funding, LLC. On July 27, 2005, Wilton Funding, LLC merged with and into Patriot Capital Funding, Inc. and the surviving entity, Applicant, elected to be regulated as a BDC. Section 2(a)(48) defines a BDC to be any closed-end investment company that operates for the purpose of making investments in securities described in sections 55(a)(1) through 55(a)(3) of the Act and makes available significant managerial assistance with respect to the issuers of such securities. On August 2, 2005, Applicant completed its initial public offering. 2. Applicant currently has a six-member board of directors (the “Board”) of whom two are “interested persons” of Applicant within the meaning of section 2(a)(19) of the Act and four are not interested persons (the “non-interested directors”). The four non-interested directors are neither employees nor officers of Applicant (the “non-employee directors”). 3. Applicant currently intends, upon receipt of the order, to discontinue its stock option plan and offer all employees holding outstanding options the opportunity to cancel those options in exchange for shares of restricted stock ( *i.e.* , stock that, at the time of issuance, is subject to certain forfeiture restrictions, and thus is restricted as to its transferability until such forfeiture restrictions have lapsed) (the “Restricted Stock”). Conversion of options into shares of Restricted Stock will not be mandatory and each employee will have the ability to choose to cancel and convert or to keep his or her outstanding options. As of December 31, 2007, total outstanding stock options represent 11.8% of Applicant's total outstanding shares of common stock. 2 The number of shares of Restricted Stock that will be issued in connection with this cancellation and conversion is intended to replicate the value of interests the individual has in the stock option plan and such valuation will be based on assumptions approved by the Board and an appropriate option pricing model ( *e.g.* , Black Scholes), which will be selected by the Board. 3 2 As a result of allowing each individual employee to make the choice whether to convert his or her options, Applicant anticipates that options will remain outstanding once the cancellation and conversion are completed. 3 The opportunity to convert options into shares of Restricted Stock will be offered to employees through a tender offer process and employees will be provided with the disclosure that is required by Schedule TO under the Securities Exchange Act of 1934 (the “Exchange Act”). The same pricing model will be used for all of Applicant's employees and officers. 4. Applicant believes that its successful operation depends on its ability to offer compensation packages to its professionals that are competitive with those offered by its competitors and other investment management businesses. Applicant believes its ability to offer a compensation plan providing for the periodic issuance of shares of Restricted Stock is vital to its future growth and success. Applicant wishes to adopt an equity-based compensation plan (the “Plan”) for its employees as well as employees of its wholly-owned subsidiaries (the “Participants”). 5. The Plan will authorize the issuance of shares of Restricted Stock subject to certain forfeiture restrictions. These restrictions may relate to continued employment (lapsing either on an annual or other periodic basis or on a “cliff” basis, *i.e.* , at the end of a stated period of time), the performance of Applicant, or other restrictions deemed by the Board to be appropriate. The Restricted Stock will be subject to restrictions on transferability and other restrictions as required by the Board. The Restricted Stock will not be transferable except for disposition by gift, will or intestacy. Except to the extent restricted under the terms of the Plan, a Participant granted Restricted Stock will have all the rights of any other shareholder, including the right to vote the Restricted Stock and the right to receive dividends. During the restriction period, the Restricted Stock generally may not be sold, transferred, pledged, hypothecated, margined, or otherwise encumbered by the Participant. Except as the Board otherwise determines, upon termination of a Participant's employment during the applicable restriction period, Restricted Stock for which forfeiture restrictions have not lapsed at the time of such termination shall be forfeited. 6. The maximum amount of Restricted Stock that may be issued under the Plan will be 10% of the outstanding shares of common stock of Applicant on the effective date of the Plan plus 10% of the number of shares of Applicant's common stock issued or delivered by Applicant (other than pursuant to compensation plans) during the term of the Plan. 4 The Plan limits the total number of shares that may be awarded to any single Participant in a single year to 300,000 shares. In addition, no Participant may be granted more than 25% of the shares reserved for issuance under the Plan. Upon the recommendation of the compensation committee of the Board (the “Committee”) which is comprised solely of non-interested directors, the Board will award shares of Restricted Stock to the Participants from time to time as part of the Participants' compensation based on a Participant's actual or expected performance and value to Applicant. 4 For purposes of calculating compliance with this limit, Applicant will count as Restricted Stock all shares of Applicant's common stock that are issued pursuant to the Plan (including any shares issued in connection with the termination of its stock option plan) less any shares that are forfeited back to Applicant and cancelled as a result of forfeiture restrictions not lapsing. 7. Each issuance of Restricted Stock under the Plan will be approved by the required majority, as defined in section 57(o) of the Act, 5 of Applicant's directors on the basis that the issuance is in the best interests of Applicant and its shareholders. The date on which the required majority approves an issuance of Restricted Stock will be deemed the date on which the subject Restricted Stock is granted. The Plan will be submitted for approval to Applicant's shareholders and will become effective upon such approval, subject to issuance of the order. 5 The term “required majority,” when used with respect to the approval of a proposed transaction, plan, or arrangement, means both a majority of a BDC's directors or general partners who have no financial interest in such transaction, plan, or arrangement and a majority of such directors or general partners who are not interested persons of such company. Applicant's Legal Analysis Sections 23(a) and (b), Section 63 1. Under section 63 of the Act, the provisions of section 23(a) of the Act generally prohibiting a registered closed-end investment company from issuing securities for services or for property other than cash or securities are made applicable to BDCs. This provision would prohibit the issuance of Restricted Stock as a part of the Plan. 2. Section 23(b) generally prohibits a closed-end management investment company from selling its common stock at a price below its current net asset value (“NAV”). Section 63(2) makes section 23(b) applicable to BDCs unless certain conditions are met. Because Restricted Stock that would be granted under the Plan would not meet the terms of section 63(2), sections 23(b) and 63 would prevent the issuance of the Restricted Stock. 3. Section 6(c) provides that the Commission may, by order upon application, conditionally or unconditionally exempt any person, security, or transaction, or any class or classes of persons, securities or transactions, from any provision of the Act, if and to the extent that the exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. 4. Applicant requests an order pursuant to section 6(c) of the Act granting an exemption from the provisions of sections 23(a) and
(b)and section 63 of the Act. Applicant states that the concerns underlying those sections include:
(i)preferential treatment of investment company insiders and the use of options and other rights by insiders to obtain control of the investment company;
(ii)complication of the investment company's structure that makes it difficult to determine the value of the company's shares; and
(iii)dilution of shareholders' equity in the investment company. Applicant states that the Plan does not raise the concern about preferential treatment of Applicant's insiders because the Plan is a bona fide employee compensation plan of the type that is common among corporations generally. In addition, section 61(a)(3) of the Act permits a BDC to issue to its officers, directors and employees, pursuant to an executive compensation plan, warrants, options and rights to purchase the BDC's voting securities, subject to certain requirements. Applicant states that, for reasons that are unclear, section 61 and its legislative history do not address the issuance by a BDC of restricted stock as incentive compensation. Applicant states, however, that the issuance of Restricted Stock is substantially similar, for purposes of investor protection under the Act, to the issuance of warrants, options, and rights as contemplated by section 61. Applicant also asserts that the Plan would not become a means for insiders to obtain control of Applicant because the number of shares of Applicant issuable under the Plan would be limited as set forth in the application. Moreover, no individual Participant could be issued more than 25% of the shares reserved for issuance under the Plan. Applicant's current intention, subject to the receipt of the order, is to discontinue its stock option plan and offer all employees holding outstanding options the opportunity to cancel those options in exchange for shares of Restricted Stock. If, however, Applicant chooses to reinstate the stock option plan (or adopt another such plan) and issues stock options in the future, it will do so pursuant to section 61 and in compliance with the terms and conditions of the application. 5. Applicant further states that the Plan will not unduly complicate Applicant's structure because equity-based employee compensation arrangements are widely used among corporations and commonly known to investors. Applicant notes that the Plan will be submitted to Applicant's shareholders for their approval. Applicant represents that a concise, “plain English” description of the Plan, including its potential dilutive effect, will be provided in the proxy materials that will be submitted to Applicant's shareholders. Applicant also states that it will comply with the proxy disclosure requirements in Item 10 of Schedule 14A under the Exchange Act. Applicant further notes that the Plan will be disclosed to investors in accordance with the requirements of the Form N-2 registration statement for closed-end investment companies, and pursuant to the standards and guidelines adopted by the Financial Accounting Standards Board for operating companies. In addition, Applicant will comply with the disclosure requirements for executive compensation plans under the Exchange Act. 6 Applicant thus concludes that the Plan will be adequately disclosed to investors and appropriately reflected in the market value of Applicant's shares. 6 Applicant will comply with the amendments to the disclosure requirements for executive and director compensation, related party transactions, director independence and other corporate governance matters, and security ownership of officers and directors to the extent adopted and applicable to BDCs. *See* Executive Compensation and Related Party Disclosure, Securities Act Release No. 8655 (Jan. 27, 2006) (proposed rule); Executive Compensation and Related Party Disclosure, Securities Act Release No. 8732A (Aug. 29, 2006) (final rule and proposed rule), as amended by Executive Compensation Disclosure, Securities Act Release No. 8765 (Dec. 22, 2006) (adopted as interim final rules with request for comments). 6. Applicant acknowledges that, while awards granted under the Plan would have a dilutive effect on the shareholders' equity in Applicant, that effect would be outweighed by the anticipated benefits of the Plan to Applicant and its shareholders. Applicant asserts that it needs the flexibility to provide the requested equity-based employee compensation in order to be able to compete effectively with other financial services firms for talented professionals. These professionals, Applicant suggests, in turn are likely to increase Applicant's performance and shareholder value. Applicant also asserts that equity-based compensation would more closely align the interests of Applicant's employees with those of Applicant's shareholders. In addition, Applicant states that Applicant's shareholders will be further protected by the conditions to the requested order that assure continuing oversight of the operation of the Plan by Applicant's Board. Section 57(a)(4), Rule 17d-1 7. Section 57(a) proscribes certain transactions between a BDC and persons related to the BDC in the manner described in section 57(b) (“57(b) persons”), absent a Commission order. Section 57(a)(4) generally prohibits a 57(b) person from effecting a transaction in which the BDC is a joint participant absent such an order. Rule 17d-1, made applicable to BDCs by section 57(i), proscribes participation in a “joint enterprise or other joint arrangement or profit-sharing plan,” which includes a stock option or purchase plan. Employees and directors of a BDC are 57(b) persons. Thus, the issuance of shares of Restricted Stock could be deemed to involve a joint transaction involving a BDC and a 57(b) person in contravention of section 57(a)(4). Rule 17d-1(b) provides that, in considering relief pursuant to the rule, the Commission will consider
(i)whether the participation of the company in a joint enterprise is consistent with the Act's policies and purposes and
(ii)the extent to which that participation is on a basis different from or less advantageous than that of other participants. 8. Applicant requests an order pursuant to section 57(a)(4) and rule 17d-1 to permit the Plan. Applicant states that the Plan, although benefiting the Participants and Applicant in different ways, are in the interests of Applicant's shareholders because the Plan will help Applicant attract and retain talented professionals, help align the interests of Applicant's employees with those of its shareholders, and in turn help produce a better return to Applicant's shareholders. Applicant's Conditions Applicant agrees that the order granting the requested relief will be subject to the following conditions: 1. The Plan will be approved by Applicant's shareholders in accordance with section 61(a)(3)(A)(iv) of the Act. 2. Each issuance of Restricted Stock to officers and employees will be approved by the required majority, as defined in section 57(o) of the Act, of Applicant's directors on the basis that such issuance is in the best interests of Applicant and its shareholders. 3. The amount of voting securities that would result from the exercise of all of Applicant's outstanding warrants, options, and rights, together with any Restricted Stock issued pursuant to the Plan, at the time of issuance shall not exceed 25% of the outstanding voting securities of Applicant, except that if the amount of voting securities that would result from the exercise of all of Applicant's outstanding warrants, options, and rights issued to Applicant's directors, officers, and employees, together with any Restricted Stock issued pursuant to the Plan, would exceed 15% of the outstanding voting securities of Applicant, then the total amount of voting securities that would result from the exercise of all outstanding warrants, options, and rights, together with any Restricted Stock issued pursuant to the Plan, at the time of issuance shall not exceed 20% of the outstanding voting securities of Applicant. 4. The maximum amount of Restricted Stock that may be issued under the Plan will be 10% of the outstanding shares of common stock of Applicant on the effective date of the Plan plus 10% of the number of shares of Applicant's common stock issued or delivered by Applicant (other than pursuant to compensation plans) during the term of the Plan. 5. The Board will review periodically the potential impact that the issuance of Restricted Stock under the Plan could have on Applicant's earnings and NAV per share, such review to take place prior to any decisions to grant Restricted Stock under the Plan, but in no event less frequently than annually. Adequate procedures and records will be maintained to permit such review. The Board will be authorized to take appropriate steps to ensure that the grant of Restricted Stock under the Plan would not have an effect contrary to the interests of Applicant's shareholders. This authority will include the authority to prevent or limit the granting of additional Restricted Stock under the Plan. All records maintained pursuant to this condition will be subject to examination by the Commission and its staff. For the Commission, by the Division of Investment Management, under delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4178 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Federal Register Citation of Previous Announcement: [73 FR 10828, February 28, 2008]. Status: Closed Meeting. Place: 100 F Street, NE., Washington, DC. Date and Time of Previously Announced Meeting: March 3, 2008 at 2 p.m. Change in the Meeting: Additional Item. The following matter will also be considered during the 2 p.m. Closed Meeting scheduled for Monday, March 3, 2008: An adjudicatory matter. Commissioner Casey, as duty officer, determined that no earlier notice thereof was possible. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at
(202)551-5400. Dated: February 29, 2008. Nancy M. Morris, Secretary. [FR Doc. E8-4228 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57393; File No. SR-Amex-2007-79] Self-Regulatory Organizations; American Stock Exchange LLC; Order Granting Approval of Proposed Rule Change as Modified by Amendments No. 1, 2, and 3 Relating to Independent Directors and Audit Committee Members February 27, 2008. On September 18, 2007, the American Stock Exchange LLC (“Amex” 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 relating to independent directors and audit committee members. On November 8, 2007 and November 16, 2007, Amex submitted Amendments No. 1 and 2, respectively, to the proposed rule change. The proposed rule change as modified by Amendments No. 1 and 2 was published for comment in the **Federal Register** on December 27, 2007. 3 The Commission received no comments on the proposal. On February 14, 2008, Amex submitted Amendment No. 3 to the proposed rule change. 4 1 15 U.S.C. 78s(b)(l). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 56982 (December 18, 2007), 72 FR 73386 (December 27, 2007). 4 Amendment No. 3 was a technical amendment not subject to notice and comment. 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 and, in particular, the requirements of Section 6(b)(5) of the Act, 5 because it allows an issuer a reasonable period of time (“cure period”) to fill a vacancy on its audit committee when the number of members on such committee has fallen below the minimum required by the Exchange's rules; and to restore the proportion of independent directors on its board to the level required by the Exchange's rules in a situation when a vacancy arises or an independent director ceases to be independent due to circumstances beyond his or her reasonable control. 6 5 15 U.S.C. 78f(b)(5). 6 The Commission notes that the proposed rule change does not affect the cure period afforded to an issuer for purposes of compliance with the Exchange's independence standards for audit committee members, including those required by Rule 10A-3 under the Act, 17 CFR 240.10A-3. The proposal rather relates to situations in which a vacancy arises on an issuer's audit committee, as, for example, in a case where a resignation or death causes the number of independent directors on the committee to fall below the minimum required by Amex's rules (two in the case of Small Business Issuers as defined in the Amex's rules and three for all other issuers). The proposal further relates to situations in which a vacancy arises on an issuer's board or an independent director on an issuer's board ceases to be independent due to circumstances beyond his or her reasonable control such that the issuer no longer meets the Amex standard requiring that a majority of directors on an issuer's board be independent (or 50% of the directors, in the case of Small Business Issuers). The Commission notes that the cure period established by the proposed rule change for issuers generally is consistent with the period provided in the rule of another exchange previously approved by the Commission. 7 Further, the Commission believes that the proposal appropriately adjusts the cure period for Small Business Issuers (as defined in Amex's rules) in view of the modified standards that Amex imposes on such issuers. 8 7 *See* NASDAQ Manual, Rule 4350(c) and (d). *See* Securities Exchange Act Release No. 54421 (September 11, 2006), 71 FR 54698 (September 18, 2006). 8 The Commission notes that on January 25, 2008, Amex submitted File Number SR-Amex-2008-05 to further amend Amex corporate governance listing standards to conform to recent Commission amendments and forms relating to smaller reporting companies. IV. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 9 that the proposed rule change (SR-Amex-2007-79), as amended, be, and hereby is, approved. 10 9 15 U.S.C. 78s(b)(2). 10 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 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. E8-4176 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57388; File No. SR-FINRA-2007-039] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of a Proposed Rule Change and Amendment No. 1 Thereto To Establish an Exemption for Certain Regulation NMS-Compliant Intermarket Sweep Orders From the Requirements in IM-2110-2 (Trading Ahead of Customer Limit Order) and Rule 2111 (Trading Ahead of Customer Market Orders) February 27, 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 21, 2007, Financial Industry Regulatory Authority, Inc. (“FINRA”) (f/k/a National Association of Securities Dealers, Inc. (“NASD”)), filed with the Securities and Exchange Commission (“Commission” or “SEC”) the proposed rule change as described in Items I, II and III below, which Items have been prepared substantially by FINRA. On February 11, 2008, FINRA filed Amendment No. 1 to make certain clarifying changes to the description of the purpose of the proposed rule change. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing to amend NASD Interpretive Material
(IM)2110-2 (Trading Ahead of Customer Limit Order) and NASD Rule 2111 (Trading Ahead of Customer Market Orders) to establish an exemption for certain proprietary trades that are a result of intermarket sweep orders (“ISOs”). The text of the proposed rule change is available at *http://www.finra.org,* the principal offices of FINRA, and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA 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. FINRA 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 IM-2110-2 (also referred to as the “Manning Rule”) generally prohibits a member from trading for its own account in an exchange-listed security at a price that is equal to or better than an unexecuted customer limit order in that security, unless the member immediately thereafter executes the customer limit order at the price at which it traded for its own account or better. 3 The legal underpinnings for the Manning Rule are a member's basic fiduciary obligations and the requirement that a member must, in the conduct of its business, “observe high standards of commercial honor and just and equitable principles of trade.” 4 The same principles on which the Manning Rule is based apply to the treatment of customer market orders pursuant to Rule 2111, which generally prohibits a member that accepts and holds a customer market order from trading for its own account at prices that would satisfy the customer market order, unless the firm immediately thereafter executes the customer market order. The NYSE has similar customer order protections in NYSE Rule 92 (Limitations on Members' Trading Because of Customers' Orders), which generally prohibits members or member organizations from entering proprietary orders ahead of, or along with, customer orders that are executable at the same price as the proprietary order. 5 3 The SEC approved changes to IM-2110-2 that, among other things, expand the scope to OTC equity securities. *See* Securities Exchange Act Release No. 55351 (February 26, 2007), 72 FR 9810 (March 5, 2007) (SR-NASD-2005-146). *See also* NASD *Notice to Members* 07-19 (April 2007). *See also* Securities Exchange Act Release Nos. 57133 (January 11, 2008), 73 FR 3500 (January 18, 2008) (SR-FINRA-2007-038); 56822 (November 20, 2007), 72 FR 67326 (November 28, 2007) (SR-FINRA-2007-023); 56297 (August 21, 2007), 72 FR 49337 (August 28, 2007) (SR-NASD-2007-041); 56103 (July 19, 2007), 72 FR 40918 (July 25, 2007) (SR-NASD-2007-039). 4 *See* NASD Rule 2110. 5 NYSE Rule 92 applies to customer orders and does not distinguish between customer limit orders and customer market orders. On July 5, 2007, the SEC approved amendments to NYSE Rule 92 that, among other things, added an exemption relating to ISOs. 6 Specifically, as amended, NYSE Rule 92 provides that when routing ISOs, the member organization is required to yield its principal executions to those open customer orders that are required to be protected by NYSE Rule 92 and capable of accepting the fill. 7 In addition, if a firm executes an ISO to facilitate a customer order at a price that is inferior to one or more protected quotations, that customer must consent to not receiving the better price obtained by the ISO(s) or the firm must yield its principal execution to that customer. 6 *See* Securities Exchange Release No. 56017 (July 5, 2007), 72 FR 38110 (July 12, 2007) (SR-NYSE-2007-21). 7 Pursuant to NYSE Rule 92, customer orders that are required to be protected are those open customer orders that are known to the member organization before the entry of the ISO. *See* NYSE Information Memo 07-68 (July 6, 2007). FINRA is proposing to establish a similar exemption from the requirements in IM-2110-2 and Rule 2111 for certain Regulation NMS-compliant ISOs. Specifically, FINRA is proposing to amend IM-2110-2 and Rule 2111 to provide an exemption relating to trading for a member's own account that is the result of an ISO routed in compliance with Rules 600(b)(30)(ii) 8 and 611(b)(6) 9 of Regulation NMS where the customer order is received after the member routed the ISO. Additionally, the proposed amendments to IM-2110-2 and Rule 2111 would provide an exemption relating to trading for a member's own account that is the result of an ISO where the member executes the ISO to facilitate a customer order and that customer has consented to not receiving the better prices obtained by the ISO. 8 The term “intermarket sweep order” is defined in Rule 600(b)(30) of Regulation NMS as a limit order for an NMS stock that meets the following requirements:
(i)When routed to a trading center, the limit order is identified as an intermarket sweep order; and
(ii)simultaneously with the routing of the limit order identified as an intermarket sweep order, one or more additional limit orders, as necessary, are routed to execute against the full displayed size of any protected bid, in the case of a limit order to sell, or the full displayed size of any protected offer, in the case of a limit order to buy, for the NMS stock with a price that is superior to the limit price of the limit order identified as an intermarket sweep order. These additional routed orders also must be marked as intermarket sweep orders. *See* 17 CFR 242.600(b)(30). 9 Rule 611(b)(6) of Regulation NMS provides an exception for a trade-through transaction effected by a trading center that simultaneously routes an ISO to execute against the full displayed size of any protected quotation in the NMS stock that was traded through. *See* 17 CFR 242.611(b)(6). FINRA believes the proposed rule change appropriately balances important limit and market order protection requirements while facilitating member compliance with Rule 611 of Regulation NMS, and will more closely align IM-2110-2 and Rule 2111 with NYSE Rule 92. FINRA understands that the turnaround time from when an ISO is sent out and the response time to the sender is extremely short. Given this short time period, FINRA believes that the proposed exemption is appropriate. FINRA also believes that the proposed rule change will facilitate and clarify the ISO process for members. The proposed rule change will be effective upon the Commission's approval. 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act, 10 which requires, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. FINRA believes that the proposed rule change will facilitate members' compliance with their ISO routing obligations under Rule 611 of Regulation NMS and provide an exemption from IM-2110-2 and Rule 2111, substantially consistent with the changes in SR-NYSE-2007-21. 11 10 15 U.S.C. 78o-3(b)(6). 11 *See* Securities Exchange Release No. 56017 (July 5, 2007), 72 FR 38110 (July 12, 2007). B. Self-Regulatory Organization's Statement on Burden on Competition FINRA does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or
(ii)as to which Nasdaq 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. FINRA has requested accelerated approval of this proposed rule change prior to the 30th day after the date of publication of the notice of the filing thereof. The Commission is considering granting accelerated approval of the proposed rule change at the end of a 15-day comment period. 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-FINRA-2007-039 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-FINRA-2007-039. 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 FINRA. 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 publicly available. All submissions should refer to File Number SR-FINRA-2007-039 and should be submitted on or before March 20, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4173 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57387; File No. SR-ISE-2007-99] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Allow for the Listing and Trading of Index-Linked Exchangeable Notes February 27, 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 October 12, 2007, the International Securities Exchange, LLC (“Exchange” or “ISE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. On February 26, 2008, the Exchange filed Amendment No. 1 to the proposed rule change. 3 This order provides notice of the proposed rule change, as amended, and approves the proposal on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Amendment No. 1, the Exchange proposed changes to ISE Rule 2101 that consolidate into a single rule certain requirements for products traded on the Exchange pursuant to unlisted trading privileges (“UTP”) that have been established in various new products proposals previously approved by the Commission. ISE will trade index-linked exchangeable notes pursuant to UTP, so the provisions of proposed ISE Rule 2101 would apply to this type of product. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its rules to provide for the listing and trading of index-linked exchangeable notes. The text of the proposed rule change is available at the Exchange's principal office, on the Exchange's Web site ( *http://www.ise.com* ), and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes rules that would allow it to list and trade, or trade pursuant to UTP, index-linked exchangeable notes. Index-linked exchangeable notes allow investors to hold a single, exchange-listed note exchangeable for the cash value of the underlying stocks (“Underlying Stocks”) of an index (“Underlying Index,” “Index,” “Underlying Indices,” or “Indices”), and thereby acquire—in a single security and single trade—exposure to a specific index of equity securities. Each Underlying Index or Underlying Stock (as applicable) must be: • An index that has been created by a third party and:
(1)Has been described in an exchange rule for the trading of options, Portfolio Depositary Receipts, Investment Company Units, index-linked exchangeable notes, or index-linked securities which has been approved by the Commission under section 19(b)(2) of the Act, 4 and the standards set forth in the Commission approval order are satisfied; or
(2)is an index that meets the requirements of the exchange rules adopted pursuant to Rule 19b-4(e) under the Act 5 (each, a “Third-Party Index”); or 4 15 U.S.C. 78s(b)(2). 5 17 CFR 240.19b-4(e). • An index that has been created by the issuer and:
(1)Has been described in an exchange rule for the trading of options, Portfolio Depositary Receipts, Investment Company Units, index-linked exchangeable notes, or index-linked securities that has been approved by the Commission pursuant to section 19(b)(2) of the Act, and the standards set forth in the Commission approval order are satisfied; or
(2)is an index which meets the requirements of the exchange rules adopted pursuant to Rule 19b-4(e) of the Act (each, an “Issuer Index”). • Each issuer of an Underlying Stock shall be a reporting company under the Act that is listed on a national securities exchange and is subject to last-sale reporting; and • An Issuer Index will meet the procedures and criteria in ISE Rule 2002(d) 6 or the criteria set forth in proposed Rule 2133(d)(ii) and the index concentration limits in Rule 2002(d). 6 ISE Rule 2002(d) sets forth the criteria for trading options on a broad-based index. a. Description of Index-Linked Exchangeable Notes Index-linked exchangeable notes are debt securities that are exchangeable at the option of the holder (subject to the requirement that the holder in most circumstances exchange a specified minimum amount of notes), on call by the issuer, or at maturity for a cash amount (the “Cash Value Amount”) based on the reported market prices of the Underlying Stocks of an Underlying Index. Each index-linked exchangeable note is intended to provide investors with an instrument that closely tracks the Underlying Index. Despite being linked to an Index, they will trade as individual securities. The linkage is on a one-to-one basis so that a holder of notes is fully exposed to depreciation and appreciation of the Underlying Stocks. Index-linked exchangeable notes are expected to trade at a cost lower than the cost of trading each of the Underlying Stocks separately (because of reduced commission and custody costs) and also give investors the ability to maintain index exposure without any management or administrative fees and ongoing expenses. The initial offering price for an index-linked exchangeable note will be established on the date the note is priced for sale to the public. In addition, index-linked exchangeable notes will not include embedded options or leverage. Because index-linked exchangeable notes are debt securities, a holder will not be recognized by issuers of the Underlying Stocks as the owner of those stocks and will have no rights as a stockholder with respect to those stocks. Additional issuances of a series of index-linked exchangeable notes may be made subsequent to the initial issuance of that series (and prior to the maturity of that series) for purposes of providing market liquidity. Each series of index-linked exchangeable notes may or may not provide for quarterly interest coupons based on dividends or other cash distributions paid on the Underlying Stocks during a prescribed period and an annual supplemental coupon based on the value of the Underlying Index during a prescribed period. Index-linked exchangeable notes will generally be acquired, held, or transferred only in round-lot amounts (or round-lot multiples) of 100 notes. Beginning on a specified date and up to a specified date prior to the maturity date or any call date, the holder of index-linked exchangeable notes may exchange some or all of its notes for their Cash Value Amount, plus any accrued but unpaid quarterly interest coupons. A holder will generally be required to exchange a certain specified minimum amount of notes, although this minimum requirement may be waived following a downgrade in the issuer's credit rating below specified thresholds or the occurrence of other specified events. Index-linked exchangeable notes may be subject to call by the issuer on specified dates or during specified periods, upon at least 30, but not more than 60, days notice to holders. The call price would be equal to the Cash Value Amount, plus any accrued but unpaid quarterly interest coupons. At maturity, the holder of an index-linked exchangeable note will receive a cash amount equal to the Cash Value Amount, plus any accumulated but unpaid quarterly and annual supplemental interest coupons. Although a specific maturity date will not be established until the time of the initial offering of a series of notes, the notes will provide for maturity within a period of not less than one or more than 30 years from the date of issue. In connection with the initial listing of each series of index-linked exchangeable notes, the Exchange has established that a minimum of 150,000 notes held by at least 400 holders be required to be outstanding when trading begins (except if traded in thousand dollar denominations, then no minimum number of holders is necessary). Beginning 12 months after the initial issuance of a series of index-linked exchangeable notes, the Exchange will consider the suspension of trading in or removal from listing of that series of notes under any of the following circumstances:
(1)The series has fewer than 50,000 notes issued and outstanding;
(2)the market value of all notes of that series issued and outstanding is less than $1 million; or
(3)such other event shall occur or such other condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable. b. Eligibility Standards for Issuers The following standards would apply to issuers of index-linked exchangeable notes: • *Assets/Equity.* The issuer shall have assets in excess of $100 million and net worth of at least $10 million. If the issuer does not have pre-tax income from continuing operations of at least $750,000 in the last fiscal year or two of the last three fiscal years, the Exchange will require the issuer to have the following:
(1)Total assets of at least $200 million and net worth of at least $10 million; or
(2)total assets of at least $100 million and net worth of at least $20 million. 7 7 *See* proposed ISE Rule 2133(a)(2). • *Distribution.* Minimum public distribution of 150,000 notes with a minimum of 400 public note-holders. This minimum public note-holder requirement will not be applicable to an issue traded in thousand dollar denominations or if the securities are redeemable at the option of the holders on at least a weekly basis. 8 8 *See* proposed ISE Rule 2133(a)(1). • *Principal Amount/Aggregate Market Value.* Not less than $4 million. 9 9 *See* proposed Rule 2133(a)(3). • *Tangible Net Worth.* The issuer will be expected to have a minimum tangible net worth in excess of $250 million, and to have a pre-tax income from continuing operations that substantially exceeds $750,000 in the last fiscal year or two of the last three fiscal years. In the alternative, the issuer will be expected:
(1)To have a minimum tangible net worth of $150 million, and to otherwise substantially exceed the earnings requirements set forth above (in the first bullet point); and
(2)not to have issued index-linked exchangeable notes where the original issue price of all the issuer's other index-linked exchangeable note offerings (combined with other index-linked exchangeable note offerings of the issuer's affiliates) listed on a national securities exchange exceeds 25% of the issuer's net worth. 10 10 *See* proposed Rule 2133(c). c. Description of the Underlying Indices An Underlying Index will either be a Third-Party Index or an Issuer Index. All changes to an Underlying Index, including the deletion and addition of Underlying Stocks, index rebalancing, and changes to the calculation of the index, will be made in accordance with the Commission's order under section 19(b)(2) of the Act 11 or the Exchange rules under which that index was approved, as the case may be. 11 15 U.S.C. 78s(b)(2). If the index is maintained by a broker-dealer or fund advisor, the broker-dealer or fund advisor must erect and maintain a “firewall” around personnel who have access to information concerning changes and adjustments to the index and the index must be calculated by a third party who is not a broker-dealer or fund advisor. 12 12 *See* proposed ISE Rule 2133(g). d. Eligibility Standards for Issuer Indices and Their Underlying Stocks Pursuant to proposed ISE Rule 2133(d), Issuer Indices and their Underlying Stocks must either meet the procedures and criteria set forth in ISE Rule 2002(d) or satisfy the following minimum standards: • Each Underlying Stock of an Issuer Index must:
(1)Have a minimum market capitalization of $3 billion and, during the 12 months preceding listing of the index-linked exchangeable note, traded at least 2.5 million shares;
(2)have a minimum market capitalization of $1.5 billion and, during the 12 months preceding listing of the index-linked exchangeable note, traded at least 10 million shares; or
(3)have a minimum market capitalization of $500 million and, during the 12 months preceding listing of the index-linked exchangeable note, traded at least 15 million shares; • Each issuer of an Underlying Stock must be a reporting company under the Act that is listed on a national securities exchange and is subject to last-sale reporting; in addition, if any Underlying Stock is the stock of a non-U.S. company that is traded in the U.S. market as a sponsored American Depositary Share (“ADS”), ordinary share or otherwise, then for each such security the Exchange shall either:
(1)Have in place a comprehensive surveillance sharing agreement with the primary exchange on which each non-U.S. security is traded (in the case of an ADS, the primary exchange on which the security underlying the ADS is traded);
(2)the combined trading volume of each non-U.S. security and other related non-U.S. securities occurring in the U.S. market or in markets with which the Exchange has in place a comprehensive surveillance sharing agreement represents (on a share equivalent basis for any ADS) at least 50% of the combined worldwide trading volume in such securities ( *i.e.* , each non-U.S. security, other related non-U.S. securities, and other classes of common stock related to each non-U.S. security) over the six-month period preceding the date of listing; or
(a)the combined trading volume of each non-U.S. security and other related non-U.S. securities occurring in the U.S. market represents (on a share equivalent basis) at least 20% of the combined world-wide trading volume in such securities ( *i.e.* , each non-U.S. security and in other related non-U.S. securities) over the six-month period preceding the date of selection of the non-U.S. security for an index-linked exchangeable note listing;
(b)the average daily trading volume for each non-U.S. security in the U.S. markets over the six months preceding the selection of each non-U.S. security for an index-linked exchangeable note listing is 100,000 or more shares; and
(c)the trading volume is at least 60,000 shares per day in the U.S. markets on a majority of the trading days for the six months preceding the date of selection of each non-U.S. security for an index-linked exchangeable note listing; and • If any underlying security to which the instrument is to be linked is the stock of a non-U.S. company which is traded in the U.S. market as a sponsored ADS, ordinary share, or otherwise, then the minimum number of holders of such underlying linked security shall be 2,000; and • The index concentration limits set forth in ISE Rule 2002(d) are met. 13 13 *See* ISE Rule 2002(d). e. Exchange Rules Applicable to Index-Linked Exchangeable Notes Index-linked exchangeable notes will be subject to all Exchange rules governing the trading of equity securities. In addition, pursuant to Rule 10A-3 under the Act 14 and section 3 of the Sarbanes-Oxley Act of 2002, 15 the Exchange will prohibit the initial or continued listing of any security of an issuer that is not in compliance with the requirements set forth therein. 14 17 CFR 240.10A-3. 15 *Section* 3 of Pub. L. 107-204, 116 Stat. 745 (2002). Pursuant to proposed ISE Rule 2101, new derivative securities products traded on the Exchange pursuant to UTP, including index-linked exchangeable notes, will be subject to a number of requirements previously made as representations. For example, pursuant to proposed ISE Rule 2101(a)(2)(i), the Exchange will distribute a Regulatory Information Circular prior to the commencement of trading in such new derivative securities product that generally will include the same information as the information circular provided by the listing exchange, including:
(1)The special risks of trading the new derivative securities product;
(2)the Exchange's rules that will apply to the new derivative securities product, including the suitability rule;
(3)information about the dissemination of value of the underlying assets or indexes; and
(4)the risk of trading during the Pre-Market Session due to the lack of calculation or dissemination of information about the underlying assets and/or index value. Proposed ISE Rule 2101(a)(2)(ii) reminds Equity EAMs that they are subject to the prospectus delivery requirements under the Securities Act of 1933, unless the new derivative securities product is the subject of an order by the Commission exempting the product from certain prospectus delivery requirements under section 24(d) of the Investment Company Act of 1940 and the product is not otherwise subject to prospectus delivery requirements under the Securities Act of 1933. The Exchange will inform its Equity EAMs regarding the application of the provisions of this subparagraph to a new derivative securities product by means of a Regulatory Information Circular. Additionally, the proposed rule change sets forth procedures for halting trading in certain circumstances. When the Exchange is the listing market for index-linked exchangeable notes, if the official index value applicable to that index-linked exchangeable note is interrupted, the Exchange may halt trading during the day in which the interruption occurs; if the interruption persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. 16 The Exchange also will immediately halt trading in a new derivative securities product trading on the Exchange pursuant to UTP upon notification by the listing market of a halt due to a temporary interruption in the calculation or wide dissemination of the Intraday Indicative Value (“IIV”) or the value of the underlying index. 17 If the interruption persists until the scheduled commencement of trading on the next business day, the Exchange will not commence trading of the product on that day. 18 The Exchange may resume trading in the product only if calculation and wide dissemination of the IIV or the value of the underlying index resumes or trading in such series resumes in the listing market. 19 Further, for new derivative securities products trading on the Exchange on a UTP basis where a net asset value (“NAV”) is disseminated, if the Exchange becomes aware that the NAV is not being disseminated to all market participants at the same time, the Exchange will immediately halt trading; the Exchange may resume trading in the product only when trading in the new derivative securities product resumes on the listing market. 20 16 *See* proposed ISE Rule 2133(h). 17 *See* proposed ISE Rule 2101(a)(2)(iii)(A). 18 *See id.* 19 *See id.* 20 *See* proposed ISE Rule 2101(a)(2)(iii)(B). 2. Statutory Basis The basis under the Act for this proposed rule change is found in section 6(b)(5), 21 in that the proposed rule change is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system, and, in general, to protect investors and the public interest. 21 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-ISE-2007-99 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. All submissions should refer to File Number SR-ISE-2007-99. 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 ISE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2007-99 and should be submitted on or before March 26, 2008. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change After careful review, the Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 22 In particular, the Commission finds that the proposal is consistent with section 6(b)(5) of the Act 23 in that it 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 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. 22 In approving this rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 23 15 U.S.C. 78f(b)(5). Currently, the Exchange would have to file a proposed rule change with the Commission pursuant to section 19(b)(1) of the Act 24 and Rule 19b-4 thereunder 25 to list or trade any index-linked exchangeable notes. Rule 19b-4(e), however, provides that the listing and trading of a new derivative securities product by a self-regulatory organization (“SRO”) will not be deemed a proposed rule change pursuant to Rule 19b-4(c)(1) if the Commission has approved, pursuant to section 19(b) of the Act, the SRO's trading rules, procedures, and listing standards for the product class that would include the new derivative securities product, and the SRO has a surveillance program for the product class. The Exchange's proposed rules fulfill these requirements. Use of Rule 19b-4(e) by ISE to list or trade equity securities such as index-linked exchangeable notes should promote competition, reduce burdens on issuers and other market participants, and make offerings available to investors more quickly. 24 15 U.S.C. 78s(b)(1). 25 17 CFR 240.19b-4. The Commission has approved generic listing standards for index-linked exchangeable notes on other national securities exchanges similar to those being proposed by ISE. 26 ISE's proposal does not appear to raise any novel regulatory issues, and the Commission is approving it on the same basis as those earlier proposals. 26 *See* Securities Exchange Act Release No. 49532 (April 7, 2004), 69 FR 19593 (April 13, 2004) (SR-PCX-2004-01); Securities Exchange Act Release No. 46370 (August 16, 2002), 67 FR 54509 (August 22, 2002) (SR-CBOE-2002-29); Securities Exchange Act Release No. 45082 (November 19, 2001), 66 FR 59282 (November 27, 2001) (SR-Phlx-2001-92); Securities Exchange Act Release No. 44621 (July 30, 2001), 66 FR 41064 (August 6, 2001) (SR-Amex-2001-29). Additionally, the Commission believes that the proposed rules are reasonably designed to promote fair disclosure of information that may be necessary to price index-linked exchangeable notes appropriately. If a broker-dealer or fund advisor is responsible for maintaining (or has a role in maintaining) the underlying index, such broker-dealer or fund advisor would be required to erect and maintain a “firewall” to prevent the flow of non-public information regarding the underlying index from the personnel involved in the development and maintenance of such index to others such as sales and trading personnel. 27 The Commission also believes that the Exchange's proposed trading halt rules, discussed above, are reasonably designed to prevent trading when transparency is impaired. 27 *See* proposed ISE Rule 2133(h). Further, the Commission believes that the trading rules and procedures to which products will be subject pursuant to this proposal are consistent with the Act. Products traded pursuant to the proposed rule change would be subject to ISE's previously approved rules governing the trading of Equity Securities. The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of new derivative securities products, including index-linked exchangeable notes. The proposed rule change also requires that the Exchange enter into a comprehensive surveillance sharing agreement (“CSSA”) with markets trading components of the index or portfolio on which the new derivative securities product is based to the same extent as the listing exchange's rules require the listing market to enter into a CSSA with such markets. This approval is based on that recommendation. Acceleration The Commission finds good cause for approving the proposed rule change, as amended, prior to the 30th day after the date of publication of the notice of filing thereof in the **Federal Register** . ISE's proposal is similar to other proposals that have been approved by the Commission. 28 The Commission believes that ISE's proposal does not raise any novel issues, and accelerated approval of the proposal will expedite the listing and trading of additional products by the Exchange, subject to consistent and reasonable standards. Therefore, the Commission finds good cause, consistent with section 19(b)(2) of the Act, 29 to approve the proposed rule change, as modified by Amendment No. 1, on an accelerated basis. 28 *See supra* at note 26. 29 15 U.S.C. 78s(b)(2). V. Conclusion *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, 30 that the proposed rule change (SR-ISE-2007-99), as modified by Amendment No. 1 thereto, is hereby approved on an accelerated basis. 30 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 31 Florence E. Harmon, Deputy Secretary. 31 17 CFR 200.30-3(a)(12). [FR Doc. E8-4172 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57394; File No. SR-ISE-2008-18] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Accommodation Liquidations February 28, 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 February 26, 2008, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. ISE filed the proposal pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 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 Exchange proposes to amend ISE Rule 718(d) regarding accommodation liquidations (also referred to as “cabinet trades”). The text of the proposed rule change is available on the Exchange's Web site ( *http://www.ise.com* ), at the Exchange, 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 An “accommodation” or “cabinet” trade refers to trades in listed options on the Exchange that are worthless or not actively traded, often times conducted to establish tax losses. ISE Rule 718, Accommodation Liquidations (Cabinet Trades), sets forth specific procedures for engaging in cabinet trades. Currently, the rule provides for cabinet transactions to occur at a cabinet price of $1 per options contract. Further, ISE Rule 718(d) states that orders for cabinet trades may only be placed for public customer accounts. The Exchange now proposes to amend Rule 718(d) so that cabinet trades also can be placed on behalf of broker-dealer and market maker accounts. Under the proposed rule, priority will be continue to be based upon the sequence in which cabinet orders are placed on the Exchange. This proposed rule change will bring ISE's rules into conformance with those of the other national securities exchanges who already permit these account types to initiate cabinet trades. 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 prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and 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. The Exchange believes that the proposed rule change will strengthen the Exchange's competitive position while allowing a greater number of market participants to initiate cabinet trades on the Exchange. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange states it has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change:
(1)Does not significantly affect the protection of investors or the public interest;
(2)does not impose any significant burden on competition; and
(3)by its terms does not become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 7 and Rule 19b-4(f)(6) thereunder. 8 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with 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 Exchange fulfilled this requirement. A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative for 30 days after the date of filing. However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay. Since the proposal allows additional account types to initiate cabinet trades, similar to practices on other exchanges, the Exchange believes that there will be no detrimental effect on other market participants. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. 9 This proposal is substantively identical to the rules of at least one other national securities exchange, 10 and raises no novel issues. 9 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 10 *See* Chicago Board Options Exchange Rule 6.54(a)(iii). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-ISE-2008-18 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. All submissions should refer to File Number SR-ISE-2008-18. 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 the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2008-18 and should be submitted on or before March 26, 2008. 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. E8-4177 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57385; File No. SR-NSCC-2007-17] Self-Regulatory Organizations; the National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Fee Schedule February 27, 2008. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on December 31, 2007, the National Securities Clearing Corporation (“NSCC”) 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 primarily by NSCC. 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). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change modifies NSCC's fee schedule. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections (A), (B), and
(C)below, of the most significant aspects of such statements. 2 2 The Commission has modified parts of these statements.
(A)Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of the proposed rule change is to revise fees for certain services provided by NSCC. These revisions include the following fee changes to align fees with costs of delivering services: 1. Implementation of a restructured clearing fee model, changing from the current solely transaction-based pricing structure to a methodology that combines the number of transactions processed with the value of those transactions; 2. reductions in Automated Customer Account Transfer Services (ACATS) fee; 3. reductions in Fund/SERV and Networking fees; 4. elimination of Insurance and Retirement Processing Services file fees; and 5. introduction of new fees for a new Funds Transfers service to be introduced in 2008 under NSCC's Insurance and Retirement Processing Services product line. NSCC's fee schedule as it is being modified by this proposed rule change is attached as Exhibit 5 to NSCC's filing. 3 Unless otherwise noted in Exhibit 5, the proposed fee changes became effective on January 2, 2008. 3 File No. SR-NSCC-2007-17, including Exhibit 5, can be viewed at *http://www.dtcc.com/downloads/legal/rule_filings/2007/nscc/2007-17.pdf.* The proposed rule change is consistent with the requirements of Section 17A of the Act and the rules and regulations thereunder, because it provides for the equitable allocation of fees among its participants.
(B)Self-Regulatory Organization's Statement on Burden on Competition NSCC does not believe that the proposed rule change will have any impact, or impose any burden, on competition.
(C)Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments relating to the proposed rule change have not yet been solicited or received. NSCC will notify the Commission of any written comments received by NSCC. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change changes fees charged by NSCC, it has become effective pursuant to section 19(b)(3)(A)(ii) of the Act 4 and Rule 19b-4(f)(2) 5 thereunder. At any time within sixty 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. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NSCC-2007-17 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NSCC-2007-17. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 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 NSCC. 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-NSCC-2007-17 and should be submitted on or before March 26, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 6 6 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4171 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57390; File No. SR-NSX-2008-02] Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change and Amendment No. 1 Thereto Relating to the Pass-Through of Certain Costs to ETP Holders February 27, 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 February 5, 2008, the National Stock Exchange, Inc. (“NSX” or the “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 Exchange. On February 27, 2008, NSX filed Amendment No. 1 to the proposed rule change to make certain clarifying changes to the description of its proposal. NSX has designated this proposal as one establishing or changing a member due, fee, or other charge imposed by NSX under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NSX proposes to amend the NSX BLADE SM Fee and Rebate Schedule to give the Exchange the explicit authority to pass through to a specific ETP Holder costs that are assessed to the Exchange by a third party that are attributable to that particular ETP Holder for its use of the facilities of the Exchange. The text of the proposed rule change is available at *www.nsx.com* , the principal offices of the Exchange, and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. NSX 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 With this rule change, the Exchange is proposing that the NSX BLADE Fee Schedule be amended to give the Exchange the explicit authority to pass through to a specific ETP Holder 5 costs that are assessed to the Exchange by a third party vendor that are attributable to that particular ETP Holder for its use of the facilities of the Exchange. These costs include line connectivity and other technological charges and/or upgrades assessed for the ETP Holder's communications with the Exchange, in connection with the Cross Connect service defined below. 5 An ETP Holder is a registered broker or dealer that has been issued an Equity Trading Permit (“ETP”) by NSX. An ETP Holder will have the status of a “member” of the Exchange as that term is defined in Section 3(a)(3) of the Act (15 U.S.C. 78c(a)(3)). The Exchange currently offers ETP Holders the option of connecting to the Exchange through a direct connection, a service provider or through an extranet provider. ETP Holders electing a direct connection to the Exchange that do not utilize a circuit/line obtained from the third party vendor that houses the Exchange's data center must be connected to the Exchange through a line or circuit provided by that vendor (hereinafter the “Cross Connect” service). The third party vendor charges fees associated with this Cross Connect service (the “Cross Connect Fee Schedule”). It should be noted that the third party vendor does not charge a Cross Connect fee for any ETP Holder that utilizes the vendor's circuits. The Cross Connect Fee Schedule includes a one-time installation charge per circuit or line, and monthly fees which vary depending on the different circuit levels selected. These circuit options include a T-1, T-3 and Ethernet circuit lines. The vendor also offers this service to connect to the Exchange's primary and back-up data centers. Thus, to establish connectivity, the ETP Holder must select the preferred circuit/line size, number of lines desired and location preferences. In all cases, the ETP Holder selects the service that it desires, and thus, is apprised of and in fact exercises control over the fees associated with this connectivity to the Exchange. The current Cross Connect Fee Schedule provides for a one-time installation charge for a router of $150 and a one-time installation charge ranging between $100 and $275 per circuit depending on the circuit selected. In addition, the current Cross Connect Fee Schedule provides for monthly fees ranging between $50 and $375 per circuit per location. While these costs are determined between the ETP Holder and vendor, the Exchange represents that it will maintain a current schedule of fees from the third-party vendor, and will provide this Cross Connect Fee Schedule to ETP Holders upon request and/or otherwise make it available on the Exchange's Web site. It should be noted that these costs could be directly billed to the ETP Holder by the third party vendor, but for administrative ease, the Exchange has agreed to act as an intermediary. Because the Exchange has an existing contractual relationship with the third party vendor, the latter prefers to charge the Exchange rather than the ETP Holder directly. These charges are limited to those that are incurred by the Exchange from a third party on behalf of a particular ETP Holder for that ETP Holder's benefit and use of the facilities of the Exchange. In addition, as stated, the ETP Holder would be notified of any charges which would be subject to this pass through provision prior to the charge being incurred. This provision is intended to capture those costs relating to services that directly benefit and are requested by ETP Holders for certain services and do not include the general operating expenses of the Exchange. Moreover, the Exchange proposes to pass through such costs without any markup or premium imposed by the Exchange. The Exchange has determined that this change is necessary for competitive reasons. The cumulative amount of such costs, without the ability to pass them through to the ETP Holders who benefit from and in fact request the services giving rise to such costs, puts the Exchange at a competitive disadvantage. The Exchange believes that the proposed rule change is consistent with the protection of investors and the public interest. The Exchange intends to pass through costs to ETP Holders in accordance with the proposed rule change immediately upon filing of this proposed rule change with the Commission for the time period covered by the February invoice. Pursuant to Exchange Rule 16.1(c), the Exchange will “provide ETP Holders with notice of all relevant dues, fees, assessments and charges of the Exchange”. The Exchange will issue a Regulatory Circular of the changes to the NSX BLADE Fee Schedule and will provide a copy of the rule filing on the Exchange's Web site ( *http://www.nsx.com* ). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6(b) of the Act, 6 in general, and with Section 6(b)(4) of the Act, 7 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges. 6 15 U.S.C. 78f. 7 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any inappropriate burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as a fee change pursuant to Section 19(b)(3)(A)(ii) of the Act 8 and Rule 19b-4(f)(2) 9 thereunder, because it establishes or changes a due, fee, or other charge imposed on members by the Exchange. Accordingly, the proposal is effective upon filing with the Commission. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 10 8 15 U.S.C. 78s(b)(3)(A)(ii). 9 17 CFR 240.19b-4(f)(2). 10 For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on February 27, 2008, the date on which NSX filed Amendment No. 1. 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-NSX-2008-02 on the subject line. Paper comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NSX-2008-02. 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 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 publicly available. All submissions should refer to File Number SR-NSX-2008-02 and should be submitted on or before March 26, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 11 Florence E. Harmon, Deputy Secretary. 11 17 CFR 200.30-3(a)(12). [FR Doc. E8-4175 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57389; File No. SR-NYSEArca-2008-06] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Accelerated Approval of Proposed Rule Change Relating to the Dissemination of the Index Value for Equity Index-Linked Securities February 27, 2008. I. Introduction On January 11, 2008, 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 relating to the dissemination of the index value for Equity Index-Linked Securities. 3 The proposed rule change was published for comment in the **Federal Register** on February 11, 2008 for a 15-day comment period. 4 The Commission received no comments on the proposal. This order approves the proposed rule change on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Equity Index-Linked Securities are securities that provide for the payment at maturity of a cash amount based on the performance of an underlying index or indexes of equity securities. *See* NYSE Arca Equities Rule 5.2(j)(6). 4 *See* Securities Exchange Act Release No. 57273 (February 5, 2008), 73 FR 7774. II. Description of the Proposal NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(2)(c)(ii) currently provides that the Exchange will commence delisting or removal proceedings of an issue of Equity Index-Linked Securities (unless the Commission has approved continued trading of such Securities) if, among other circumstances, the value of the index or composite value of the indexes underlying such issue is no longer calculated or widely disseminated on at least a 15-second basis. The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(2)(c)(ii) to distinguish between indexes consisting solely of U.S. equity securities and those consisting of foreign securities or a combination of U.S. and foreign equity securities. The proposed amendment provides that the Exchange will commence delisting or removal proceedings if the underlying index value or composite index value is no longer calculated or widely disseminated:
(1)On at least a 15-second basis with respect to an index or indexes containing only securities listed on a national securities exchange; 5 or
(2)on at least a 60-second basis with respect to an index or indexes containing foreign country securities. If the official index value does not change during some or all of the period when trading is occurring on the NYSE Arca Marketplace 6 (for example, for indexes of foreign country securities, there may be time zone differences or holidays in the countries where such indexes' component stocks trade), then the last calculated official index value must remain available throughout NYSE Arca Marketplace trading hours. The Exchange seeks to conform the index dissemination requirements for Equity Index-Linked Securities to those for Investment Company Units, which include exchange-traded funds or “ETFs,” under NYSE Arca Equities Rule 5.2(j)(3). 5 American Depositary Shares and common shares of foreign issuers listed on U.S. national securities exchanges included in an index or indexes would be subject to the 15-second dissemination requirement. 6 *See* NYSE Arca Equities Rule 1.1(e) (defining NYSE Arca Marketplace). III. Discussion and Commission's Findings After careful consideration, 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 In particular, the Commission finds that the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act, 8 which requires, among other things, that the Exchange's rules be designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 7 In approving this proposed rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 8 15 U.S.C. 78f(b)(5). The Commission notes that opportunities to invest in derivative securities products based not only on U.S. equity securities, but also on an international or global index of equity securities, provide additional choices to accommodate particular investment needs and objectives, to the benefit of investors. With respect to the dissemination of the value of an index that is comprised, at least in part, of non-U.S. equity component securities, the proposed 60-second standard reflects limitations, in some instances, on the frequency of intra-day trading information with respect to such foreign securities and that, in many cases, trading hours for overseas markets overlap only in part, or not at all, with NYSE Arca Marketplace trading hours. 9 In addition, if an index or portfolio value does not change for some of the time that the derivative securities product trades on the Exchange, the last official calculated value must remain available throughout Exchange trading hours. The Commission believes that such 60-second standard relating to the dissemination of the value of an index composed, at least in part, of foreign equity securities should apply to Equity Index-Linked Securities as well as ETFs and finds that NYSE Arca's proposal is consistent with the Exchange Act on the same basis that it approved the other exchanges' generic listing standards for ETFs based on international or global indexes. 10 9 *See* Securities Exchange Act Release No. 55621 (April 12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86) (approving generic listing standards for ETFs based on international or global indexes). 10 *See, e.g.* , Securities Exchange Act Release Nos. 55269 (February 9, 2007), 72 FR 7490 (February 15, 2007) (SR-NASDAQ-2006-050); 55113 (January 17, 2007), 72 FR 3179 (January 24, 2007) (SR-NYSE-2006-101); and 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-Amex-2006-78). The Commission finds good cause for approving the proposed rule change before the 30th day after the date of publication of notice of filing thereof in the **Federal Register** . The Commission notes that the proposal is substantially similar to previously approved listing standards for Investment Company Units under NYSE Arca Equities Rule 5.2(j)(3) 11 and for ETFs listed and traded pursuant to similar rules of other national securities exchanges. 12 The Commission believes that accelerated approval of the proposed rule change, which clarifies the dissemination of the value of the index underlying an issue of Equity Index-Linked Securities, should promote the continued listing and trading of Equity Index-Linked Securities to the benefit of investors. Therefore, the Commission finds good cause, consistent with Section 19(b)(2) of the Act, to approve the proposed rule change on an accelerated basis. 11 *See supra* note 9. *See also* Commentary .01(b)(2) to NYSE Arca Equities Rule 5.2(j)(3). 12 *See supra* note 10. IV. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 13 that the proposed rule change (SR-NYSEArca-2008-06) be, and it hereby is, approved on an accelerated basis. 13 15 U.S.C. 78s(b)(2). 14 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 14 Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4174 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57395; File No. SR-NYSEArca-2008-25] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to the Listing and Trading of Managed Fund Shares, Trading Hours and Halts, Listing Fees Applicable to Managed Fund Shares, and the Listing and Trading of Shares of the PowerShares Active AlphaQ Fund, PowerShares Active Alpha Multi-Cap Fund, PowerShares Active Mega-Cap Portfolio, and the PowerShares Active Low Duration Portfolio February 28, 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 February 27, 2008, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to:
(1)Add new NYSE Arca Equities Rule 8.600 to permit the listing and trading, or trading pursuant to unlisted trading privileges (“UTP”), of securities issued by an actively managed, open-end investment management company (“Managed Fund Shares”);
(2)list and trade the shares (“Shares”) of the PowerShares Active AlphaQ Fund, PowerShares Active Alpha Multi-Cap Fund, PowerShares Active Mega-Cap Portfolio, and the PowerShares Active Low Duration Portfolio (collectively, the “Funds”);
(3)amend NYSE Arca Equities Rule 7.34 (Trading Sessions) to reference Managed Fund Shares; and
(4)amend its listing fees to include Managed Fund Shares under the term “Derivative Securities Products.” The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com.* 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 add new NYSE Arca Equities Rule 8.600 to permit the listing and trading, or trading pursuant to UTP, of Managed Fund Shares, which are securities issued by an actively managed, open-end investment management company. The Exchange also proposes to amend NYSE Arca Equities Rule 7.34 (Trading Sessions) to reference Managed Fund Shares in paragraph (a)(3)(A), relating to hours of the Exchange's Core Trading Session, and paragraph (a)(4)(A), relating to trading halts when trading pursuant to UTP during the Exchange's Opening Session. In addition, the Exchange proposes to amend its listing fees by incorporating Managed Fund Shares in the term “Derivative Securities Products.” Finally, pursuant to new NYSE Arca Equities Rule 8.600, the Exchange proposes to list and trade the Shares of the Funds. Proposed Listing Rules for Managed Fund Shares Under proposed NYSE Arca Equities Rule 8.600(c)(1), a “Managed Fund Share” is a security that:
(1)Represents an interest in a registered investment company (“Investment Company”) organized as an open-end management investment company or similar entity, that invests in a portfolio of securities selected by the Investment Company's investment adviser consistent with the Investment Company's investment objectives and policies;
(2)is issued in a specified aggregate minimum number in return for a deposit of a specified portfolio of securities and/or a cash amount with a value equal to the next determined net asset value (“NAV”); and
(3)when aggregated in the same specified minimum number, may be redeemed at a holder's request, which holder will be paid a specified portfolio of securities and/or cash with a value equal to the next determined NAV. Proposed NYSE Arca Equities Rule 8.600(c)(2) defines “Disclosed Portfolio” as the identities and quantities of the securities and other assets held by the Investment Company that will form the basis for the Investment Company's calculation of the NAV at the end of the business day. Proposed NYSE Arca Equities Rule 8.600(c)(3) defines “Portfolio Indicative Value” as the estimated indicative value of a Managed Fund Share based on current information regarding the value of the securities and other assets in the Disclosed Portfolio. Finally, proposed NYSE Arca Equities Rule 8.600(c)(4) defines “Reporting Authority” as, in respect of a particular series of Managed Fund Shares, the Corporation, 3 an institution, or a reporting service designated by the Corporation or by the exchange that lists a particular series of Managed Fund Shares (if the Corporation is trading such series pursuant to UTP) as the official source for calculating and reporting information relating to such series, including, but not limited to, the
(i)Portfolio Indicative Value,
(ii)the Disclosed Portfolio,
(iii)the amount of any cash distribution to holders of Managed Fund Shares,
(iv)NAV, or
(v)other information relating to the issuance, redemption, or trading of Managed Fund Shares. A series of Managed Fund Shares may have more than one Reporting Authority, each having different functions. 3 The “Corporation” means NYSE Arca Equities. *See* NYSE Arca Equities Rule 1.1(k) (defining Corporation). Proposed NYSE Arca Equities Rule 8.600(d) sets forth the initial and continued listing criteria applicable to Managed Fund Shares. Proposed Rule 8.600(d)(1) provides that, for each series of Managed Fund Shares, the Corporation will establish a minimum number of Managed Fund Shares required to be outstanding at the time of commencement of trading. In addition, the Corporation will obtain a representation from the issuer of each series of Managed Fund Shares that the NAV per share for the series will be calculated daily and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time. Proposed NYSE Arca Equities Rule 8.600(d)(2) provides that each series of Managed Fund Shares will be listed and traded subject to application of the following continued listing criteria:
(1)The Portfolio Indicative Value for Managed Fund Shares will be widely disseminated by one or more major market data vendors at least every 15 seconds during the time when the Managed Fund Shares trade on the Corporation;
(2)the Disclosed Portfolio will be disseminated at least once daily and will be made available to all market participants at the same time; and
(3)the Reporting Authority that provides the Disclosed Portfolio must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the actual components of the portfolio. Proposed NYSE Arca Equities Rule 8.600(d)(2)(C) provides that the Corporation will consider the suspension of trading in, or removal from listing of, a series of Managed Fund Shares under any of the following circumstances:
(1)If, following the initial twelve-month period after commencement of trading on the Exchange of a series of Managed Fund Shares, there are fewer than 50 beneficial holders of the series of Management Fund Shares for 30 or more consecutive trading days;
(2)if the value of the Portfolio Indicative Value is no longer calculated or available or the Disclosed Portfolio is not made available to all market participants at the same time;
(3)if the Investment Company issuing the Managed Fund Shares has failed to file any filings required by the Commission or if the Corporation is aware that the Investment Company is not in compliance with the conditions of any exemptive order or no-action relief granted by the Commission to the Investment Company with respect to the series of Managed Fund Shares; or
(4)if such other event shall occur or condition exists which, in the opinion of the Corporation, makes further dealings on the Corporation inadvisable. Proposed NYSE Arca Equities Rule 8.600(d)(2)(D) provides that, if the Portfolio Indicative Value of a series of Managed Fund Shares is not being disseminated as required, the Corporation may halt trading during the day in which the interruption to the dissemination of the Portfolio Indicative Value occurs. If the interruption to the dissemination of the Portfolio Indicative Value persists past the trading day in which it occurred, the Corporation will halt trading no later than the beginning of the trading day following the interruption. If a series of Managed Fund Shares is trading on the Corporation pursuant to UTP, the Corporation will halt trading in that series as specified in NYSE Arca Equities Rule 7.34(a), as proposed to be amended. In addition, if the Exchange becomes aware that the NAV or the Disclosed Portfolio with respect to a series of Managed Fund Shares is not disseminated to all market participants at the same time, it will halt trading in such series until such time as the NAV or the Disclosed Portfolio is available to all market participants. Proposed NYSE Arca Equities Rule 8.600(d)(2)(E) provides that, upon termination of an Investment Company, the Corporation requires that Managed Fund Shares issued in connection with such entity be removed from Corporation listing. Proposed NYSE Arca Equities Rule 8.600(d)(2)(F) provides that voting rights shall be as set forth in the applicable Investment Company prospectus. Proposed NYSE Arca Equities Rule 8.600(e) relates to the limitation of Corporation liability. Proposed Commentary .01 to new NYSE Arca Equities Rule 8.600 provides that the Corporation will file separate proposals under section 19(b) of the Act before the listing and/or trading of Managed Fund Shares. Proposed Commentary .02 provides that transactions in Managed Fund Shares will occur during the trading hours specified in NYSE Arca Equities Rule 7.34(a), as proposed to be amended. Proposed Commentary .03 provides that the minimum price variation for quoting and entry of orders in Managed Fund Shares is $0.01. Proposed Commentary .04 provides that the Exchange will implement written surveillance procedures for Managed Fund Shares. Proposed Commentary .05 to new NYSE Arca Equities Rule 8.600, which is substantially similar to existing Commentary .01(i) to NYSE Arca Equities Rule 5.2(j)(3), provides that, for Managed Fund Shares based on an international or global portfolio, the statutory prospectus or the application for exemption from provisions of the Investment Company Act of 1940 (“1940 Act”) for the series of Managed Fund Shares must state that such series must comply with the federal securities laws in accepting securities for deposits and satisfying redemptions with redemption securities, including that the securities accepted for deposits and the securities used to satisfy redemption requests are sold in transactions that would be exempt from registration under the Securities Act of 1933 (“Securities Act”). Proposed Commentary .06 to new NYSE Arca Equities Rule 8.600, which is substantially similar to existing Commentary .01(h) to NYSE Arca Equities Rule 5.2(j)(3), sets forth certain obligations of ETP Holders 4 with respect to Managed Fund Shares that receive an exemption from certain prospectus delivery requirements under section 24(d) of the 1940 Act. 4 An “ETP Holder” is a sole proprietorship, partnership, corporation, limited liability company, or other organization in good standing that has been issued an Equity Trading Permit or “ETP.” An ETP Holder must be a registered broker or dealer pursuant to *section* 15 of the Act. *See* NYSE Arca Equities Rule 1.1(m) and
(n)(defining ETP and ETP Holder). Amendments to NYSE Arca Equities Rule 7.34 The Exchange proposes to amend NYSE Arca Equities Rule 7.34(a)(3)(A) to add Managed Fund Shares to the list of securities for which the Core Trading Session on the Exchange concludes at 4:15 p.m. Eastern Time or “ET.” In addition, the Exchange proposes to amend NYSE Arca Equities Rule 7.34(a)(4)(A) to include Managed Fund Shares under “Derivative Securities Products” in connection with trading halts for trading pursuant to UTP on the Exchange. Amendments to Listing Fees The Exchange proposes to add Managed Fund Shares to the securities included under the term “Derivative Securities Products,” as defined in the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services. Key Features of Managed Fund Shares *Registered Investment Company.* A Managed Fund Share means a security that represents an interest in an investment company registered under the 1940 Act organized as an open-end investment company or similar entity that invests in a portfolio of securities selected by its investment adviser consistent with its investment objectives and policies. In contrast, the open-end investment company that issues shares of an index-based exchange-traded fund (“Index ETF”) seeks to provide investment results that correspond generally to the price and yield performance of a specific foreign or domestic stock index, fixed income securities index, or combination thereof. *1940 Act Exemptive Relief.* The 1940 Act contemplates two categories of investment companies: Those which issue redeemable securities, *i.e.* , open-end investment companies; and those which do not, *i.e.* , closed-end investment companies. Index ETF shares are redeemable, but only in large blocks of shares (not individually), so it is not certain whether they are considered redeemable under the 1940 Act. Because Index ETFs do not fit neatly into either the open-end category or the closed-end category, Index ETFs have had to seek exemptive relief from the Commission to be registered as an open-end investment company. Managed Fund Shares share key structural features with Index ETFs, such as creation and redemption in large blocks of shares being the most important one, that result in the need for exemptive relief, and therefore, Managed Fund Shares will require relief from the same provisions of the 1940 Act. 5 5 The Exchange states that the PowerShares Actively Managed Exchange-Traded Fund Trust (“Trust”) is registered under the 1940 Act. On November 26, 2007 the Trust filed with the Commission a Registration Statement for the Funds on Form N-1A under the Securities Act and under the 1940 Act (File Nos. 333-147622 and 811-22148) (“Registration Statement”). On November 16, 2007 the Trust filed with the Commission on Form 40-6C/A an Amended and Restated Application (“Application”) for an Amended Order under sections 6(c) and 17(b) of the 1940 Act (File No. 812-13386-04). *See* Investment Company Act Release No. 28140 (February 1, 2008), 73 FR 7328 (February 7, 2008) (File No. 812-13386) (providing notice of application for an exemptive order under section 6 of the 1940 Act). *Intraday Trading.* Like Index ETFs, Managed Fund Shares will be listed and traded on a national securities exchange and, therefore, will be available for sale and purchase on an intraday-basis, like other listed securities. In contrast, shares of managed mutual funds may only be purchased and sold (issued and redeemed) in direct transactions with the fund, once each day. *Creation and Redemption of Shares.* Managed Fund Shares will be issued and redeemed on a daily basis at NAV, as with Index ETFs. And like Index ETFs, creations and redemptions for Managed Fund Shares must be in large specified blocks of shares called “Creation Units.” Purchases and sales of shares in amounts smaller than the number of shares required for a Creation Unit may be effected only in the secondary market and not directly with the fund. For most Index ETFs, the creation and redemption process is effected “in kind.” Creation “in kind” typically means that the investor—usually a brokerage house or large institutional investor—purchases the Creation Unit with a “Portfolio Deposit” equal in value to the aggregate NAV of the shares in the Creation Unit. The Portfolio Deposit generally consists of a basket of securities that reflects the composition of the Index ETF's portfolio. Similarly, an investor redeeming shares in the Index ETF receives in exchange for shares in the Index ETF the securities in the “Redemption Basket,” which is usually the same as the Portfolio Deposit and consists of securities that reflect the composition of the Index ETF's portfolio. The Portfolio Deposit often includes a small cash component to make the value of the deposit or basket exactly equal to the aggregate NAV. Most Index ETFs also permit cash creations and redemptions under specified, limited, circumstances. Managed Fund Shares may use one or more of the following three approaches to creation and redemption:
(1)“In kind” creation and redemption using a Portfolio Deposit that reflects the composition of the fund;
(2)cash creation and redemption; or
(3)“in kind” creation and redemption using a Portfolio Deposit consisting of securities that do not reflect the composition of the fund, but instead investments in other securities including, for example, specified Index ETFs. *Portfolio Disclosure.* One common feature of Index ETFs is disclosure of the contents of the Portfolio Deposit on a daily basis. Aside from providing the information required for daily creation and redemption, the Portfolio Deposit gives market participants a basis for estimating the intraday value of the fund, and thus, providing a basis for the arbitrage that keeps the market price of Index ETFs generally in line with the NAV of the Index ETF. While Managed Fund Shares may use an in-kind or cash creation and redemption mechanism, as noted above, each series of Managed Fund Shares will disclose daily the identities and quantities of the portfolio of securities and other assets ( *i.e.* , the Disclosed Portfolio) held by the applicable fund that will form the basis for the fund's calculation of NAV at the end of the business day. *Portfolio Indicative Value.* 6 For each series of Managed Fund Shares, an estimated value, defined in the proposed rules as the “Portfolio Indicative Value,” that reflects an estimated intraday value of the fund portfolio will be disseminated. The Portfolio Indicative Value will be based on the current value of the components of the Disclosed Portfolio and will be disseminated by the Exchange at least every 15 seconds during the Core Trading Session through the facilities of the Consolidated Tape Association (“CTA”). The dissemination of the Portfolio Indicative Value, together with the Disclosed Portfolio, will allow investors to determine the value of the underlying portfolio of a series of Managed Fund Shares on a daily basis and to provide a close estimate of that value throughout the trading day. 6 The Portfolio Indicative Value is comparable to the Intraday Indicative Value for Index ETFs. This value of the estimated NAV of a share of an Index ETF is for investors, professionals, and persons wishing to create or redeem shares in Index ETFs. Description of the Funds and the Trust The Shares will be offered by the Trust, a business trust organized under the laws of the State of Delaware and registered with the Commission as an open-end management investment company. 7 The Trust currently consists of the four Funds, each a separate, actively managed exchange-traded fund. The Funds will not purchase or sell securities in markets outside the United States. 7 *See supra* note 5. The Exchange represents that the Shares will conform to the initial and continued listing criteria under proposed NYSE Arca Equities Rule 8.600. 8 PowerShares Capital Management LLC is the investment adviser to the Funds and is registered as an investment adviser under the Investment Advisers Act of 1940 (the “Advisers Act”). AER Advisors, Inc. (“AER”) is the subadviser to the PowerShares Active AlphaQ Fund and the PowerShares Active Alpha Multi-Cap Fund (the “Initial AER Funds”) and is registered as an investment adviser under the Advisers Act. Invesco Institutional (N.A.) Inc. (“Invesco”) is the subadviser to the PowerShares Active Mega-Cap Portfolio and the PowerShares Active Low Duration Portfolio (the “Initial Invesco Funds”) and is also registered as an investment adviser under the Advisers Act. 9 AIM Distributors, Inc. serves as the principal underwriter and distributor for each of the Funds. 8 The Exchange further represents that, for initial and/or continued listing, Managed Fund Shares must also be in compliance with Rule 10A-3 under the Act, as provided by NYSE Arca Equities Rule 5.3. *See* 17 CFR 240.10A-3. 9 The Exchange states that the information provided herein is based on information included in the Application. While PowerShares Capital Management LLC will manage the Funds, the Funds' board of trustees will have overall responsibility for the Funds' operations. The Exchange represents that the composition of the board is, and will be, in compliance with the requirements of *Section* 10 of the 1940 Act. AER will employ its stock screening methodology in the management of the Initial AER Funds. In employing its methodology, AER will track and rate all U.S. stocks of companies with over a $400 million market capitalization and listed on a national securities exchange. It is anticipated by AER that less than 3% of all securities in the Master List (as defined in the Application) will be American Depositary Receipts (“ADRs”) and that ADRs will not represent more than 3% of any one Fund. Each Initial AER Fund's investment objective will be to provide long-term capital appreciation by investing, under normal conditions, at least 95% of its total assets in stocks represented in its appropriate universe as determined by AER. The balance of the Initial AER Fund's assets may be invested in cash and money market instruments. Each Initial AER Fund's benchmark index will be a broad-based index relevant to its investment objective, strategy, and market capitalization. AER anticipates that the benchmark indexes for the Initial AER Funds will be as follows:
(1)NASDAQ 100 Index for the PowerShares Active AlphaQ Fund; and
(2)S&P 500 Index for the PowerShares Active Alpha Multi-Cap Fund. The PowerShares Active Mega-Cap Portfolio's investment objective, which is long-term growth of capital, seeks to invest, normally, at least 80% of its assets in a diversified portfolio of equity securities of mega-capitalization companies. The principal type of equity securities purchased by the Fund is common stock. The PowerShares Active Mega-Cap Portfolio may also invest in derivative instruments such as futures contracts and equity linked derivatives. The PowerShares Active Low Duration Portfolio's investment objective, which is to provide total return, seeks to exceed the total return of the Lehman Brothers 1-3 Year U.S. Treasury Index by investing, normally, at least 80% of its assets in a diversified portfolio of U.S. government and corporate debt securities. The PowerShares Active Low Duration Portfolio may invest in structured securitized debt securities, such as asset-backed securities and both residential and commercial mortgage-backed securities, and the Fund's investments may include investments in derivative instruments. Derivative instruments that the Fund may invest in include, but are not limited to, swaps, including interest rate, total return, and credit default swaps, put options, call options, and futures contracts and options on futures contracts. The Fund may also utilize other strategies such as dollar rolls and reverse repurchase agreements. The Fund may also invest up to 25% of its total assets in non-investment grade securities (junk bonds). The Creation Unit size for each of the Funds will be 50,000 Shares. Availability of Information The Funds' Web site ( *http://www.powershares.com* ), which will be publicly available prior to the public offering of the Shares, will include a form of the prospectus for each Fund that may be downloaded. The Web site will include for each Fund additional quantitative information updated on a daily basis, including:
(1)Daily trading volume, the prior business day's reported closing price, NAV and mid-point of the bid/ask spread at the time of calculation of such NAV (the “Bid/Ask Price”), 10 and a calculation of the premium and discount of the Bid/Ask Price against the NAV; and
(2)data in chart format displaying the frequency distribution of discounts and premiums of the daily Bid/Ask Price against the NAV, within appropriate ranges, for each of the four previous calendar quarters. On each business day, before commencement of the Core Trading Session, each Fund will disclose on its Web site the Disclosed Portfolio that will form the basis for the Fund's calculation of NAV at the end of the business day. 11 10 The Bid/Ask Price of a Fund is determined using the highest bid and the lowest offer on the Exchange as of the time of calculation of such Fund's NAV. The records relating to Bid/Ask Prices will be retained by the Funds and their service providers. 11 Under accounting procedures followed by the Funds, trades made on the prior business day (“T”) will be booked and reflected in the NAV on the current business day (“T+1”). Accordingly, the Funds will be able to disclose at the beginning of the business day the portfolio that will form the basis for the NAV calculation at the end of the business day. Investors interested in a particular Fund can also obtain the Trust's Statement of Additional Information (“SAI”), each Fund's Shareholder Reports, and its Form N-CSR and Form N-SAR, filed twice a year. The Trust's SAI and Shareholder Reports are available free upon request from the Trust, and those documents and the Form N-CSR and Form N-SAR may be viewed on-screen or downloaded from the Commission's Web site ( *http://www.sec.gov* ). Information regarding market price and volume is and will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. The previous day's closing price and trading volume information will be published daily in the financial section of newspapers. Quotation and last sale information for the Shares will be available via the facilities of the CTA. In addition, the Portfolio Indicative Value will be disseminated by the Exchange at least every 15 seconds during the Core Trading Session through the facilities of CTA. The NAV of each Fund will normally be determined as of the close of the regular trading session on the New York Stock Exchange LLC (ordinarily 4:00 p.m. ET) on each business day. Trading Halts With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares of a Fund. 12 Trading in the Shares of the Funds will be halted if the circuit breaker parameters under NYSE Arca Equities Rule 7.12 are reached. Trading also may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include:
(1)The extent to which trading is not occurring in the securities comprising the Disclosed Portfolio and/or the financial instruments of a Fund; or
(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. Trading in the Shares will be subject to proposed NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth circumstances under which trading in the Shares of a Fund may be halted. 12 *See* Commentary .04 to NYSE Arca Equities Rule 7.12. Trading Rules The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. The Shares will trade on the NYSE Arca Marketplace from 4 a.m. to 8 p.m. ET, in accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late Trading Sessions). The Exchange states that it has appropriate rules to facilitate transactions in the Shares during all trading sessions. Surveillance The Exchange intends to utilize its existing surveillance procedures applicable to derivative products (which will include Managed Fund Shares) to monitor trading in the Shares. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules. The Exchange's current trading surveillance focuses on detecting securities trading outside their normal patterns. When such situations are detected, surveillance analysis follows and, where appropriate, investigations are opened to review the behavior of all relevant parties for all relevant trading violations. The Exchange may obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliate members of ISG. 13 In addition, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees. 13 A list of the current members and affiliate members of ISG can be found at *http://www.isgportal.com* . Information Bulletin Prior to the commencement of trading, the Exchange will inform its ETP Holders in an Information Bulletin (“Bulletin”) of the special characteristics and risks associated with trading the Shares. Specifically, the Bulletin will discuss the following:
(1)The procedures for purchases and redemptions of Shares in Creation Unit aggregations (and that Shares are not individually redeemable);
(2)NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares; 14
(3)the risks involved in trading the Shares during the Opening and Late Trading Sessions when an updated Portfolio Indicative Value will not be calculated or publicly disseminated;
(4)how information regarding the Portfolio Indicative Value is disseminated;
(5)the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and
(6)trading information. 14 NYSE Arca Equities Rule 9.2(a) provides that an ETP Holder, before recommending a transaction, must have reasonable grounds to believe that the recommendation is suitable for the customer based on any facts disclosed by the customer as to his other security holdings and as to his financial situation and needs. Further, the rule provides, with a limited exception, that prior to the execution of a transaction recommended to a non-institutional customer, the ETP Holder shall make reasonable efforts to obtain information concerning the customer's financial status, tax status, investment objectives, and any other information that the ETP Holder believes would be useful to make a recommendation. In addition, the Bulletin will reference that the Fund is subject to various fees and expenses described in the Registration Statement and will discuss any exemptive, no-action, and interpretive relief granted by the Commission from any rules under the Act. The Bulletin will also disclose that the NAV for the Shares will be calculated after 4 p.m. ET each trading day. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under section 6(b)(5) of the Act, 15 which states that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market, and, in general, to protect investors and the public interest. The Exchange believes that the proposed rule change will facilitate the listing and trading of additional types of exchange-traded products that will enhance competition among market participants, to the benefit of investors and the marketplace. In addition, the listing and trading criteria set forth in the proposal are intended to protect investors and the public interest. 15 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange states that it has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will: A. By order approve such proposed rule change, or B. institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSEArca-2008-25 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2008-25. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2008-25 and should be submitted on or before March 26, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 16 Florence E. Harmon, Deputy Secretary. 16 17 CFR 200.30-3(a)(12). [FR Doc. E8-4227 Filed 3-4-08; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11180 and #11181] Nevada Disaster #NV-00009 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of NEVADA dated 02/27/2008. *Incident:* Earthquake. *Incident Period:* 02/21/2008 and continuing. *Effective Date:* 02/27/2008. *Physical Loan Application Deadline Date:* 04/28/2008. *Economic Injury
(EIDL)Loan Application Deadline Date:* 11/28/2008. 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:* Elko. *Contiguous Counties:* Nevada: Eureka, Humboldt, Lander, White Pine Idaho: Cassia, Owyhee, Twin Falls Utah: Box Elder, Tooele *The Interest Rates are:* Percent Homeowners With Credit Available Elsewhere 5.500 Homeowners Without Credit Available Elsewhere 2.750 Businesses With Credit Available Elsewhere 8.000 Businesses and 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 11180 2 and for economic injury is 11181 0. The States which received an EIDL Declaration # are Nevada, Idaho, Utah. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: February 27, 2008. Steven C. Preston, Administrator. [FR Doc. E8-4214 Filed 3-4-08; 8:45 am] BILLING CODE 8025-01-P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA 2008-0010] Privacy Act of 1974 as Amended; Computer Matching Program; (SSA/Office of Personnel Management
(OPM)Match Numbers 1005, 1019, 1020, 1021) AGENCY: Social Security Administration (SSA). ACTION: Notice of the renewal of an existing computer matching program which is scheduled to expire on April 6, 2008. SUMMARY: In accordance with the provisions of the Privacy Act, as amended, this notice announces the renewal of an existing computer matching program that SSA is currently conducting with OPM. DATES: SSA will file a report of the subject matching program with the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; and the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). The renewal of the matching program will be effective as indicated below. ADDRESSES: Interested parties may comment on this notice by either telefax to
(410)965-0201 or writing to the Deputy Commissioner for Budget, Finance and Management, 800 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401. All comments received will be available for public inspection at this address. FOR FURTHER INFORMATION CONTACT: The Deputy Commissioner for Budget, Finance and Management as shown above. SUPPLEMENTARY INFORMATION: A. General The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) by describing the conditions under which computer matching involving the Federal government could be performed and adding certain protections for individuals applying for and receiving Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding protections for such individuals. The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State or local government records. It requires Federal agencies involved in computer matching programs to:
(1)Negotiate written agreements with the other agency or agencies participating in the matching programs;
(2)Obtain the approval of the matching agreement by the Data Integrity Boards
(DIB)of the participating Federal agencies;
(3)Publish notice of the computer matching program in the **Federal Register** ;
(4)Furnish detailed reports about matching programs to Congress and OMB;
(5)Notify applicants and beneficiaries that their records are subject to matching; and
(6)Verify match findings before reducing, suspending, terminating or denying an individual's benefits or payments. B. SSA Computer Matches Subject to the Privacy Act We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended. Dated: February 20, 2008. Mary Glenn-Croft, Deputy Commissioner for Budget, Finance and Management. Notice of Computer Matching Program, Social Security Administration
(SSA)With the Office of Personnel Management
(OPM)A. Participating Agencies SSA and OPM. B. Purpose of the Matching Program The purpose of this agreement is to establish the conditions, terms and safeguards under which OPM agrees to the disclosure of civil service benefit and payment data to SSA. The old-age, survivors, disability insurance (OASDI), supplemental security income (SSI), and special veterans' benefits
(SVB)programs administered by SSA will use the match results under this agreement. The OASDI programs are social insurance programs. The SSI program pays benefits to aged, blind and disabled recipients with incomes below levels established by law and regulations. The SVB program provides special benefits to certain World War II veterans. The results of the matching operations are used to determine SSI eligibility and to determine beneficiaries whose benefits should be reduced due to the Public Disability Benefit offset provision, the Windfall Elimination Provision, and the Government Pension Offset provision. C. Authority for Conducting the Matching Program The legal authority for SSA to conduct this matching activity for SSI purposes is contained in section 1631(e)(1)(B) and
(f)of the Social Security Act (42 U.S.C. 1383(e)(1)(B) and (f)) and for the SVB program as authorized by section 806 of the Social Security Act (42 U.S.C. 1006). Section 224 of the Social Security Act, 42 U.S.C. 424a, provides for the reduction of Social Security disability benefits when the disabled worker is also entitled to a Public Disability Benefit. Sections 215(a)(7) and 215(d)(3) of the Social Security Act (42 U.S.C. 415(a)(7) and 415(d)(3)) provide for a modified benefit computation to be used for certain beneficiaries who are concurrently entitled to both Social Security benefits and a monthly periodic payment based in whole or in part on employment not covered by Social Security, including a civil service benefit. This modified benefit computation is called the Windfall Elimination Provision. Section 202(k)(5)(A) of the Social Security Act (42 U.S.C. 402(k)(5)(A)) requires that SSA reduce the Social Security benefits of certain beneficiaries entitled to Social Security spouse's benefits who are also entitled to a government pension based on their own noncovered earnings. This reduction is referred to as Government Pension Offset. D. Categories of Records and Individuals Covered by the Matching Program Monthly, OPM will provide SSA with an electronic file containing civil service benefit and payment data from the annuity and survivor master file. The **Federal Register** designation for the OPM file is OPM/Central-1 Civil Service Retirement and Insurance Records. Pursuant to 5 U.S.C. 552a(b)(3), OPM has established routine uses to disclose the subject information to SSA. Each record on the OPM file will be matched for Social Security Number
(SSN)verification to SSA's Master Files of SSN Holders and SSN Applications. The **Federal Register** designation for the SSA file is Master Files of SSN Holders and SSN Applications, SSA/OSR, 60-0058. Those records verified will then be matched to SSA's SSI and SVB payment information maintained in the SSR and SVB. The **Federal Register** designation for the SSA file is SSR and SVB, SSA/OSR, 60-0103. The file will also contain information about each new disability annuitant and annuitants whose disability benefits have changed from previous reports. The **Federal Register** designation for the OPM file is also OPM/Central-1 Civil Service Retirement and Insurance Records. Pursuant to 5 U.S.C. 552a(b)(3), OPM has established routine uses to disclose the subject information to SSA. Each record on the OPM file will be matched for Social Security Number
(SSN)verification to SSA's Master Files of SSN Holders and SSN Applications. The **Federal Register** designation for the SSA file is Master Files of SSN Holders and SSN Applications, SSA/OSR, 60-0058. Those records verified will then be matched to DI records on the MBR to identify DI beneficiaries who may be subject to PDB offset. Those records verified will also be matched to SSA's MBR for WEP and GPO purposes. The **Federal Register** designation for the SSA file is MBR, SSA/OSR, 60-0090. This monthly file contains approximately 25,000 records. OPM will provide SSA with the entire master annuity file of approximately 2.7 million records once yearly for the month of the civil service cost-of-living allowance. E. Inclusive Dates of the Matching Program The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and the Office of Management and Budget, or 30 days after publication of this notice in the **Federal Register** , whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met. [FR Doc. E8-4202 Filed 3-4-08; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 6118] In the Matter of the Designation of HARAKAT UL-JIHAD-I-ISLAMI/BANGLADESH (HUJI-B) aka Islami Dawat-e-Kafela (IDEK), aka Harakat ul-Jihad e Islami Bangladesh, aka Harkatul Jihad al Islam, aka Harkatul Jihad, aka Harakat ul Jihad al Islami, aka Harkat ul Jihad al Islami, aka Harkat-ul-Jehad-al-Islami, aka Harakat ul Jihad Islami Bangladesh as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended Based upon a review of the Administrative Record assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that there is a sufficient factual basis to find that the relevant circumstances described in section 219 of the Immigration and Nationality Act, as amended (hereinafter “INA”) (8 U.S.C. 1189), exist with respect to Harakat ul-Jihad-i-Islami/Bangladesh (HUJI-B), aka Islami Dawat-e-Kafela (IDEK), aka Harakat ul-Jihad e Islami Bangladesh, aka Harkatul Jihad alIslam, aka Harkatul Jihad, aka Harakat ul Jihad al Islami, aka Harkat ul Jihad al Islami, aka Harkat-ul-Jehad-al-Islami, aka Harakat ul Jihad Islami Bangladesh. Therefore, I hereby designate that organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA. This designation shall be published in the **Federal Register** . Dated: February 15, 2008. Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E8-4254 Filed 3-4-08; 8:45 am] BILLING CODE 4710-10-P DEPARTMENT OF STATE [Public Notice 6117] In the Matter of the Designation of HARAKAT UL-JIHAD-I-ISLAMI/BANGLADESH (HUJI-B) aka Islami Dawat-e-Kafela (IDEK), aka Harakat ul Jihad e Islami Bangladesh, aka Harkatul Jihad al Islam, aka Harkatul Jihad, aka Harakat ul Jihad al Islami, aka Harkat ul Jihad al Islami, aka Harkat-ul-Jehad-al-Islami, aka Harakat ul Jihad Islami Bangladesh as a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as Amended 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 Harakat ul-Jihad-i-Islami/Bangladesh (HUJI-B), aka Islami Dawat-e-Kafela (IDEK), aka Harakat ul Jihad e Islami Bangladesh, aka Harkatul Jihad al Islam, aka Harkatul Jihad, aka Harakat ul Jihad al Islami, aka Harkat ul Jihad al Islami, aka Harkat-ul-Jehad-al-Islami, aka Harakat ul Jihad Islami Bangladesh 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** . Dated: February 15, 2008. Condoleezza Rice, Secretary of State, Department of State. [FR Doc. E8-4259 Filed 3-4-08; 8:45 am] BILLING CODE 4710-10-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration RTCA Government/Industry Air Traffic Management Advisory Committee AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Government/Industry Air Traffic Management Advisory Committee. SUMMARY: The FAA is issuing this notice to advise the public of a meeting of RTCA Government/Industry Air Traffic Management Advisory Committee. DATES: The meeting will be held March 26, 2008 from 1 p.m. to 4 p.m. ADDRESSES: The meeting will be held at the Holiday Inn on the Hill, 415 New Jersey Avenue, NW., Washington, DC, 20001. FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW., Suite 805, Washington, DC, 20036; telephone
(202)833-9339; fax
(202)833-9434; Web site *http://www.rtca.org.* SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice is hereby given for the Air Traffic Management Advisory Committee meeting. *NOTE: Non-Government attendees to the meeting must go through security and be escorted to and from the conference room. Attendees with laptops will be required to register them at the security desk upon arrival and departure. Agenda items will be posted on http://www.rtca.org Web site.* Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on February 29, 2008. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. 08-953 Filed 3-4-08; 8:45 am]
Connectionstraces to 41
Traces to 41 documents
U.S. Code
32 references not yet in our index
  • 37 CFR 404
  • Pub. L. 100-71
  • 19 CFR 122
  • 49 CFR 176.100
  • 46 CFR 8
  • Pub. L. 92-463
  • Pub. L. 104-155
  • 44 USC 35
  • 40 CFR 1506.6
  • 50 CFR 17.11
  • 50 CFR 424.21
  • Pub. L. 105-263
  • 112 Stat. 2343
  • 43 CFR 2710
  • 43 CFR 2711.3-1
  • 100 Stat. 1670
  • 43 CFR 2711.3-1(d)
  • 43 CFR 2711.3-1(f)
  • 43 CFR 2711
  • 20 CFR 656
  • 20 CFR 655
  • 29 CFR 501
  • 8 CFR 214.2(h)(6)
  • 15 USC 80a
  • 17 CFR 270.17
  • 44 USC 350l-3520
  • 17 CFR 270.18
  • 17 CFR 240.19
  • 17 CFR 240.10
  • Pub. L. 107-204
  • Pub. L. 100-503
  • Pub. L. 101-508
Citation graph
cites case law
Rules and Regulations
Notice
U.S.C.§ 207
U.S.C.§ 209
C.F.R.§ 404.7
U.S.C.§ 552
Fed. Reg.Notices
U.S.C.§ 3506
C.F.R.§ 126.17
U.S.C.§ 191
U.S.C.§ 3301
Cite37 CFR 404
Pub. L.Pub. L. 100-71
Cite19 CFR 122
Cites 73 · showing 12Cited by 0 across 0 sources
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