Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2008-03-13 · SECURITIES AND EXCHANGE COMMISSION · Notices

Notices. Notice of Extension and Modification of the Youth Transition Demonstration

28,350 words·~129 min read·/register/2008/03/13/08-1030

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

BILLING CODE 3110-01-M SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57451; File No. SR-Amex-2007-131] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto Relating to Generic Listing Standards for Index Multiple Fund Shares and Index Inverse Fund Shares March 7, 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 20, 2007, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange.
On February 29, 2008, the Exchange filed Amendment No. 1 to 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 Amex proposes to revise Rule 1000A-AEMI and add new Commentary .01 to Rule 1002A to include generic listing standards for series of Index Multiple Exchange Traded Fund Shares (“Multiple Fund Shares”) and Index Inverse Exchange Traded Fund Shares (“Inverse Fund Shares”) (collectively, the “Fund Shares”).
The text of the rule proposal is available at Amex, the Commission's Public Reference Room, and *http://www.amex.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 amend the definition of “Index Fund Share” set forth in Amex Rule 1000A-AEMI(b)(2) for the purpose of properly reflecting the fact that domestic equity, international or global equity, or fixed income securities indexes or a combination thereof may be used as the underlying performance benchmark for Multiple Fund Shares and Inverse Fund Shares.
In addition, the Exchange proposes to revise Commentaries .02, .03 and .04 to Amex Rule 1000A-AEMI and add new Commentary .01 to Amex Rule 1002A to permit the listing and trading of Multiple Fund Shares and certain Inverse Fund Shares pursuant to the Exchange's generic listing standards for Index Fund Shares (“IFSs”). 3 Specifically, the investment objective associated with the Fund Shares must be expected to achieve investment results, before fees and expenses, by a specified multiple (Multiple Fund Shares) or inversely up to −200% (Inverse Fund Shares) of the underlying performance benchmark domestic equity, international or global equity and/or fixed income indexes, as applicable. 3 Accordingly, this proposal will enable the Exchange to list and trade Multiple Fund Shares and Inverse Fund Shares pursuant to Rule 19b-4(e) of the Act, 17 CFR 240.19b-4(e), if each of the conditions set forth in Commentaries .02, .03, .04 and .05 to Amex Rule 1000A-AEMI, as applicable, are satisfied. *See* Commentaries .02(a)(A) to Amex Rule 1000A-AEMI (Domestic Equity); .02(a)(B) to Amex Rule 1000A-AEMI (International Equity); .02(a)(C) to Amex Rule 1000A-AEMI (Prior Approved Indexes); .03 to Amex Rule 1000A-AEMI (Fixed Income); and .04 to Amex Rule 1000A-AEMI (Combination Indexes of Domestic Equity, International Equity and/or Fixed Income).
Background Multiple Fund Shares seek to provide investment results, before fees and expenses, that correspond to a specified multiple of the percentage performance on a given day of a particular foreign, domestic or fixed income securities index. Inverse Fund Shares seek to provide investment results, before fees and expenses, that correspond to the inverse (opposite) of the percentage performance on a given day of a particular foreign, domestic or fixed income securities index by a specified multiple.
Multiple Fund Shares and Index Fund Shares differ from traditional exchange-traded fund (“ETF”) shares in that they do not merely correspond to the performance of a given securities index, but rather attempt to match a multiple or inverse of such underlying index performance. Current Multiple Fund Shares trading on the Exchange include the ProShares Ultra Funds and Rydex Leveraged Funds while the Inverse Fund Shares include the ProShares Short Funds, ProShares UltraShort Funds, Rydex Inverse Funds and Rydex Leveraged Inverse Funds. 4 4 *See* Securities Exchange Act Release Nos. 56713 (October 29, 2007), 72 FR 61915 (November 1, 2007) (SR-Amex-2007-74) (approving the listing and trading of Rydex Leveraged Funds, Inverse Funds and Leveraged Inverse Funds); 52553 (October 3, 2005), 70 FR 59100 (October 11, 2005) (SR-Amex-2004-62) (approving the listing and trading of the ProShares Ultra Funds and Short Funds); 54040 (June 23, 2006), 71 FR 37629 (June 30, 2006) (SR-Amex-2006-41) (approving the listing and trading of the ProShares UltraShort Funds); 55117 (January 17, 2007), 72 FR 3442 (January 25, 2007) (SR-Amex-2006-101) (approving the listing and trading of Ultra, Short and UltraShort Funds based on various indexes); 56592 (October 1, 2007), 72 FR 57364 (October 9, 2007) (SR-Amex-2007-60) (approving the listing and trading of ProShares Ultra, Short and UltraShort Funds based on various international indexes); and 56998 (December 19, 2007), 72 FR 73404 (December 27, 2007) (SR-Amex-2007-104) (approving the listing and trading of ProShares Ultra, Short and UltraShort Funds based on several fixed income indexes, among others).
The ProShares Ultra Funds and Rydex Leveraged Funds are expected to gain, on a percentage basis, approximately twice (200%) as much as the underlying benchmark index and should lose approximately twice (200%) as much as the underlying benchmark index when such prices decline. The ProShares Short Funds and Rydex Inverse Funds are expected to achieve investment results, before fees and expenses, that correspond to the inverse or opposite of the daily performance (−100%) of an underlying benchmark index.
Lastly, the ProShares UltraShort Funds and Rydex Leveraged Inverse Funds are expected to achieve investment results, before fees and expenses that correspond to twice the inverse or opposite of the daily performance (−200%) of the underlying benchmark index. In order to achieve investment results that provide either a positive multiple or inverse of the benchmark index, Multiple Fund Shares or Inverse Fund Shares may hold a combination of financial instruments, including, but not limited to: stock index futures contracts; options on futures; options on securities and indices; equity caps, collars and floors; swap agreements; forward contracts; repurchase agreements; and reverse repurchase agreements (the “Financial Instruments”).
Normally, 100% of the value of the underlying portfolios for the Inverse Fund Shares will be devoted to Financial Instruments and money market instruments, including U.S. government securities and repurchase agreements (the “Money Market Instruments”). The underlying portfolios for Multiple Fund Shares may consist of a combination of securities, Financial Instruments and Money Market Instruments. Generic Listing Standards Amex Rules 1000A-AEMI and Rules 1001A through 1005A provide standards for listing IFSs which are securities issued by an open-end management investment company (open-end mutual fund) based on a portfolio of securities that seeks to provide investment results that correspond generally to the price and yield performance or total return performance of a specified foreign or domestic securities index or fixed income index.
Pursuant to Amex Rule 1000A-AEMI and Amex Rules 1001A through 1005A, IFSs must be issued in a specified aggregate minimum number in return for a deposit of specified securities and/or a cash amount, with a value equal to the next determined net asset value (“NAV”). When aggregated in the same specified minimum number, IFSs must be redeemed by the issuer for the securities and/or cash, with a value equal to the next determined NAV. Consistent with Amex Rule 1002A, the NAV is calculated once a day after the close of the regular trading day.
Recent amendments adopting Amex Rule 1000A-AEMI(b)(2) contemplate the listing and trading of Multiple Fund Shares and Inverse Fund Shares, subject to Commission approval. 5 The proposed revisions to Commentaries .02, .03 and .04 to Amex Rule 1000A-AEMI would allow the listing and trading of Multiple Fund Shares and Inverse Fund Shares that sought to provide investment results, before fees and expenses, in an amount not exceeding −200% of the underlying benchmark index pursuant to Rule 19b-4(e) under the Act, 6 where the other applicable generic listing standards for IFSs are satisfied.
In connection with Inverse Funds that seek to provide investment results, before fees and expenses, in an amount that exceeds −200% of the underlying benchmark index, the Exchange's proposal would continue to require specific Commission approval pursuant to Section 19(b)(2) of the Act. 7 In particular, Amex Rule 1000A-AEMI(b)(2)(iii) would expressly prohibit Inverse Funds that seek to provide investment results, before fees and expenses, in an amount that exceeds -200% of the underlying benchmark index, from being approved by the Exchange for listing and trading pursuant to Rule 19b-4(e) under the Act. 8 5 Commentaries .02, .03 and .04 to Amex Rule 1000A-AEMI, as applicable, specifically require the Exchange to obtain Commission approval to list and trade Multiple Funds and Inverse Funds based on domestic equity, international or global equity and fixed income securities indexes. 6 17 CFR 240.19b-4(e). 7 15 U.S.C. 78s(b)(2). 8 17 CFR 240.19b-4(e).
Current Amex Rule 1000A-AEMI(b)(2)(i), in pertinent part, defines the term “Index Fund Share” as based on a specified *foreign or domestic stock index* . In conjunction with the current proposal, the Exchange proposes to amend this definition to include domestic equity, international or global equity, or fixed income securities indexes and combinations thereof as permissible underlying performance benchmarks. The Exchange states that the proposed revision is consistent with Commentary .04 to Amex Rule 1000A-AEMI reflecting the fact that domestic equity, international or global equity, or fixed income securities indexes or a combination thereof may be used as the underlying performance benchmark for IFSs, including Multiple Fund Shares and Inverse Fund Shares.
The Exchange believes that adopting generic listing and trading standards for Multiple Fund Shares and Inverse Fund Shares based on domestic equity, international or global equity and/or fixed income securities indexes and applying Rule 19b-4(e) should fulfill the intended objective of that Rule by allowing those IFSs that satisfy the proposed standards to commence trading, without the need for individualized Commission approval. The proposed rules have the potential to reduce the time frame for bringing Multiple Fund Shares and Inverse Fund Shares to market, thereby reducing the burdens on issuers and other market participants. 9 9 The Exchange submits that the failure of a particular Multiple Fund Share or Inverse Fund Share portfolio to comply with the proposed generic listing and trading standards under Rule 19b-4(e) would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) requesting Commission approval to list and trade a particular Multiple Fund Share or Inverse Fund Share.
The Commission has approved generic standards providing for the listing and trading of derivative products pursuant to Rule 19b-4(e) based on indexes previously approved by the Commission under Section 19(b)(2) of the Act. 10 The Exchange notes that the generic listing standards in Commentaries .02, .03 and .04 to Amex Rule 1000A-AEMI, provide for indexes that have been approved by the Commission in connection with the listing of options, Portfolio Depository Receipts, Index Fund Shares, Index-Linked Exchangeable Notes or Index-Linked Securities.
The Exchange believes that the application of that standard to Multiple Fund Shares and Inverse Fund Shares is appropriate because the underlying securities index will have been subject to detailed and specific Commission review in the context of the approval of listing of other derivatives. 11 10 15 U.S.C. 78s(b)(2). *See* Securities Exchange Act Release Nos. 51563 (April 15, 2005), 70 FR 21257 (April 25, 2005) (SR-Amex-2005-001) (Index-Linked Securities) and 55794 (May 22, 2007), 72 FR 29558 (May 29, 2007) (SR-Amex-2007-45) (Commodity-Linked and Currency-Linked Securities). 11 *See* Securities Exchange Act Release Nos. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-Amex-2006-78) (International Generic Listing Standards); 42787 (May 15, 2000), 65 FR 33598 (May 24, 2000) (SR-Amex-2000-14) (US Generic Listing Standards) and 55437 (March 9, 2007), 72 FR 12233 (March 15, 2007) (SR-Amex-2006-118) (Fixed Income Generic Listing Standards).
The Exchange notes that existing Amex Rule 1002A provides continued listing standards for all IFSs. For example, where the value of the underlying index or portfolio of securities on which the IFS is based is no longer calculated or available, or in the event that the IFS chooses to substitute a new index or portfolio for the existing index or portfolio, the Exchange would commence delisting proceedings if the new index or portfolio does not meet the requirements of and listing standards set forth in Rule 1000A-AEMI.
If an IFS chose to substitute an index that did not meet any of the generic listing standards for listing of IFSs pursuant to Rule 19b-4(e) of the Act, 12 then for continued listing and trading, approval by the Commission of a separate filing pursuant to Section 19(b)(2) of the Act 13 to list and trade that IFS is required. In addition, the Exchange further notes that existing Amex Rule 1002A(a)(ii) provides that, prior to approving an IFS for listing, the Exchange will obtain a representation from the issuer that the NAV per share will be calculated daily and made available to all market participants at the same time. 12 17 CFR 240.19b-4(e). 13 15 U.S.C. 78s(b)(2).
The Exchange proposes to add new Commentary .01 to Amex Rule 1002A to provide for the halt of trading for Multiple Fund Shares and Inverse Fund Shares if the Exchange becomes aware that the open-end investment company fails to properly disseminate the appropriate NAV to market participants at the same time. In addition, the proposed Commentary would also require a halt to trading if the open-end investment company issuing the Fund Shares failed to provide daily public Web site disclosure of its portfolio holdings.
In particular, proposed Commentary .01 to Amex Rule 1002A provides that the Exchange will halt trading in a series of Multiple Fund Shares and/or Inverse Fund Shares if the Exchange becomes aware that the open-end investment company issuing the Fund Shares fails to disseminate the appropriate NAV to all market participants at the same time and/or fails to provide daily public Web site disclosure of its portfolio holdings. Limitation on Leverage Proposed Commentary .01 to Amex Rule 1002A provides that Multiple Fund Shares and Inverse Fund Shares may be listed pursuant to the generic listing standards set forth in Amex Rule 1000A-AEMI and the related Commentaries with the limitation that for Inverse Fund Shares, the underlying registered management investment company or fund must seek to provide investment results, before fees and expenses, that correspond inversely up to −200% of the percentage performance on given day of a particular domestic equity, international equity or global or fixed income securities indexes or a combination thereof.
In connection with Multiple Fund Shares, proposed Commentary .01 to Amex Rule 1002A does not provide a similar limitation on leverage. Instead, the proposal would permit the underlying registered management investment company or fund to seek to provide investment results, before fees and expenses, that correspond to any multiple, without limitation, of the percentage performance on given day of a particular domestic equity, international or global equity, or fixed income securities indexes or a combination thereof.
Availability of Information about Fund Shares and Underlying Indexes Proposed new Commentary .01 to Amex Rule 1002A provides that the portfolio composition of a Fund will be disclosed on a public Web site. Web site disclosure of portfolio holdings that will form the basis for the calculation of the net asset value by the issuer of a series of Multiple Fund Shares or Inverse Fund Shares will be made daily and will include, as applicable, the identity and number of shares held of each specific equity security, the identity and amount held of each fixed income security, the specific types of Financial Instruments and characteristics of such instruments, cash equivalents and amount of cash held in the portfolio of a Fund.
This public Web site disclosure of the portfolio composition of a Fund, that will form the basis for the calculation of the net asset value, will coincide with the disclosure of the “IIV File” 14 and the “PCF File.” 15 Therefore, the same portfolio information (including accrued expenses and dividends) will be provided on the public Web site as well as in the IIV File and PCF File provided to “Authorized Participants.” 16 The format of the public Web site disclosure and the IIV File and PCF File may differ because the public Web site will list all portfolio holdings that will form the basis for the calculation of the net asset value while the IIV File and PCF File will similarly provide the portfolio holdings but in a format appropriate for Authorized Participants, *i.e.* , the exact components of a Creation Unit.
Accordingly, investors will have access to the current portfolio composition of a Fund through the Fund's Web site and/or at the Exchange's Web site at *http://www.amex.com.* 14 Because the NSCC's system for the receipt and dissemination to its participants of the portfolio composition file “PCF” is not currently capable of processing information with respect to Financial Instruments, an “IIV File” has been developed which is used to disclose a Funds' holdings of Financial Instruments.
The IIV File is posted to a password-protected Web site before the opening of business on each business day, and all NSCC participants and the Exchange have access to a password and the Web site containing the IIV File. 15 The portfolio composition file or “PCF” for a Fund includes the list of names and the required number of shares of each deposit security as well as any cash information to be included in the next trading day's Creation Unit. The information in the PCF will be available to all participants in the NSCC system. 16 Authorized Participants are the only persons that may place orders to create and redeem Creation Units.
Authorized Participants must be registered broker-dealers or other securities market participants, such as banks and other financial institutions that are exempt from registration as broker-dealers to engage in securities transactions, who are participants in DTC. Trading Halts Existing trading halt requirements for IFSs will apply to Multiple Fund Shares and Inverse Fund Shares. In particular, Amex Rule 1002A(b)(ii) provides if the Intraday Indicative Value or the index value applicable to that series of IFSs is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the Intraday Indicative Value or the index value occurs.
If the interruption to the dissemination of the Intraday Indicative Value or the index value 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. 17 17 If an IFS is traded on the Exchange pursuant to unlisted trading privileges, the Exchange will halt trading if the primary listing market halts trading in such IFS because the Intraday Indicative Value and/or the index value is not being disseminated. *See* Securities Exchange Act Release No. 55018 (December 28, 2006), 72 FR 1040 (January 9, 2007) (SR-Amex-2006-109).
As set forth above, the Exchange is also proposing to adopt Commentary .01 to Amex Rule 1002A to provide additional circumstances for a halt in trading of the Fund Shares. Proposed Commentary .01 to Amex Rule 1002A would require the Exchange to halt trading in a series of Multiple Fund Shares and/or Inverse Fund Shares if the Exchange becomes aware that the open-end investment company issuing the Fund Shares fails to disseminate the NAV to all market participants at the same time.
Similarly, the proposed Commentary also provides for the halt of trading in the Fund Shares if the Exchange becomes aware that daily public Web site disclosure of portfolio holdings by the open-end investment company issuing the Fund Shares does not occur. Pursuant to the proposed Commentary, the Exchange may resume trading in the Fund Shares only when the NAV is disseminated to all market participants at the same time or daily public Web site disclosure of portfolio holding is properly resumed, as appropriate.
In addition to other factors that may be relevant, the Exchange may consider factors such as those set forth in Amex Rule 918C(b) in exercising its discretion to halt or suspend trading in Multiple and/or Inverse Fund Shares. These factors would include, but are not limited to,
(1)the extent to which trading is not occurring in securities comprising an Underlying Index and/or the Financial Instruments of a Multiple or Inverse Fund, or
(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In the case of the Financial Instruments held by a Multiple or Inverse Fund, the Exchange represents that a notification procedure will be implemented so that timely notice from the investment adviser of such Multiple or Inverse Fund is received by the Exchange when a particular Financial Instrument is in default or shortly to be in default. Notification from the investment adviser will be made by phone, facsimile or e-mail. The Exchange would then determine on a case-by-case basis whether a default of a particular Financial Instrument justifies a trading halt of the Multiple and/or Inverse Fund Shares. Trading in Multiple and/or Inverse Fund Shares will also be halted if the circuit breaker parameters under Amex Rule 117 have been reached. Suitability Prior to commencement of trading, the Exchange will issue an Information Circular to its members and member organizations providing guidance with regard to member firm compliance responsibilities (including suitability obligations) when effecting transactions in the Fund Shares and highlighting the special risks and characteristics of Multiple and Inverse Funds Shares as well as applicable Exchange rules. This Information Circular will set forth the requirements relating to Commentary .05 to Amex Rule 411 (Duty to Know and Approve Customers). Specifically, the Information Circular will remind members of their obligations in recommending transactions in the Shares so that members have a reasonable basis to believe that
(1)the recommendation is suitable for a customer given reasonable inquiry concerning the customer's investment objectives, financial situation, needs, and any other information known by such member, and
(2)the customer can evaluate the special characteristics, and is able to bear the financial risks, of such investment. In connection with the suitability obligation, the Information Circular will also provide that members make reasonable efforts to obtain the following information:
(1)The customer's financial status;
(2)the customer's tax status;
(3)the customer's investment objectives; and
(4)such other information used or considered to be reasonable by such member or registered representative in making recommendations to the customer. 2. Statutory Basis The Exchange believes the rule proposal is consistent with the Act and the rules and regulations thereunder applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act. 18 Specifically, the Exchange believes that the proposed rule change is consistent with the requirements under Section 6(b)(5) of the Act 19 that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transaction in securities, and, in general to protect investors and the public interest. The Exchange believes that the ability to list and trade Multiple and Inverse Fund Shares pursuant to the existing generic listing standards applicable to IFSs that do not have a multiple or inverse component would promote and facilitate transactions in these securities, while at the same time protecting investors and the public interest. In addition, the Exchange submits that the proposal further seeks to facilitate transactions in securities by easing unnecessary administrative and regulatory burdens that do not exist for ETFs based on the same underlying indexes or portfolios. 18 15 U.S.C. 78f(b). 19 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which Amex 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-Amex-2007-131 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-Amex-2007-131. 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-Amex-2007-131 and should be submitted on or before April 3, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 20 20 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4983 Filed 3-12-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57447; File No. SR-NASDAQ-2007-096] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Approving Proposed Rule Change To Modify the Allocation of the Maximum Time an Adjudicatory Body May Grant a Company To Regain Compliance with the Listing Requirements without Modifying the Maximum Time Available Under Nasdaq Rule 4802 March 6, 2008. I. Introduction On December 4, 2007, The NASDAQ Stock Market LLC (“Nasdaq” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to modify the allocation of the maximum time an adjudicatory body may grant an issuer to regain compliance with the listing requirements. The proposed rule change was published for comment in the **Federal Register** on February 1, 2008. 3 The Commission received no comments on the proposal. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57214 (January 28, 2008), 73 FR 6228. II. Description of the Proposal Nasdaq Rule 4800 Series sets forth the procedures for review of a Nasdaq listing determination. Rule 4802(b) provides that an issuer may file a written request for an exception to any of the standards set forth in the Rule 4000 Series at any time during the pendency of a proceeding under the Rule 4800 Series and sets forth the time periods that an adjudicatory body may grant an issuer to regain compliance with the listing requirements (“Exception Period”) before they are delisted. Under the current rules, the Listing Qualifications Panel (“Panel”) can grant a maximum Exception Period that is the lesser of 180 days from the date that Nasdaq staff sends a delisting letter (“Staff Determination”) or 90 days from the date of the Panel's decision in the matter. Similarly, the Nasdaq Listing and Hearing Review Council (“Listing Council”), when reviewing a Panel decision, can grant a maximum Exception Period that is the lesser of 180 days from the date of the Panel decision on review or 60 days from the date of the Listing Council's decision in the matter. As a result, while the maximum cumulative exception these bodies can grant under these provisions is 360 days from the date of the Staff Determination, Nasdaq notes in its filing that the actual amount of time can vary from issuer to issuer based on how quickly the issuer is scheduled for a hearing and the speed with which the Panel and Listing Council decisions are prepared. The Exchange believes that this variability may create uncertainty for Nasdaq-listed companies and their investors regarding the maximum amount of time available under an exception. Nasdaq therefore proposes to modify the computation of the maximum Exception Period permitted under Rule 4802(b). The proposed rule change would not, however, increase the maximum time available under the process. The Exchange proposes that the maximum Exception Period that a Panel could provide would be 180 days from the date of the Staff Determination, and the maximum Exception Period that the Listing Council could provide would be 360 days from the date of the Staff Determination. As under the current rules, these adjudicatory bodies would continue to be able to grant an issuer a shorter Exception Period, or no Exception Period at all, based on their analysis of the applicable facts and circumstances. III. Discussion After careful review, 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, with Section 6(b)(5) of the Act, 4 which requires, among other things, that the rules of a national securities exchange be 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 a national market system and, in general, to protect investors and the public interest. 5 The Commission also finds that the proposal is consistent with Section 6(b)(7) of the Act, 6 in that it provides a fair procedure for the prohibition or limitation by the Exchange of any person with respect to access to services offered by the Exchange. 4 15 U.S.C. 78f(b)(5). 5 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). 6 15 U.S.C. 78f(b)(7). The Commission believes that it is essential for a national securities exchange to have an efficient and fair delisting process for issuers that are not in compliance with Exchange rules and/or the Act. The Commission believes that the proposed rule change has the effect of providing for a maximum Exception Period that is consistent for all issuers and not dependent on the timing of the adjudicatory decision, while at the same time does not extend the overall maximum time allotted for a non-compliant issuer to go through the Nasdaq's current delisting process. Specifically, under the proposal, rather than being dependent on variable events, such as how quickly an issuer is scheduled for a hearing and how promptly the Panel and Listing Counsel issue their decisions, the maximum allowable Exception Period will, in all cases, be based on the date of the Staff Determination. The Commission recognizes that certain individual issuers that have already gone through the Exchange delisting process might have been granted a longer Exception Period had they gone through the process under the proposed new rules. Nevertheless, the Commission emphasizes that the proposed rules do not in any way increase the maximum time that could potentially be available to issuers under Nasdaq's existing delisting process. Further, the Commission believes the proposed rule change should help to ensure fair application of the rule to all issuers, consistent with Section 6(b)(7) of the Act, 7 and should eliminate some uncertainty for issuers regarding the maximum time that may be available under an Exception Period. 7 15 U.S.C. 78f(b)(7). Finally, the Commission notes that the new rules provide that the Panel and Listing Counsel can allow an Exception Period not to exceed 180 days or 360 days from the Staff Determination, respectively. Thus, there may still be variation in the Exception Periods that are granted to issuers, because the Panel and Listing Counsel retain the authority to grant an issuer a shorter Exception Period than the maximum allowable period or no Exception Period at all. In this regard, the Commission expects the Panel and Listing Counsel to only grant an Exception Period to those issuers who are likely to regain compliance within the time frame allotted and notes that there is no particular right under Nasdaq rules for issuers to be allotted any particular Exception Period. The Commission expects Nasdaq to continue to delist issuers, who are not meeting Nasdaq continued listing standards, or complying with Nasdaq rules and/or the Act, in a prompt, efficient and fair manner in furtherance of Sections 6(b)(5) and 6(b)(7) of the Act. 8 8 15 U.S.C. 78f(b)(5), 78f(b)(7). IV. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 9 that the proposed rule change (SR-NASDAQ-2007-096) be, and hereby is, approved. 9 15 U.S.C. 78s(b)(2). 10 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 10 Florence E. Harmon, Deputy Secretary. [FR Doc. E8-4966 Filed 3-12-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57452; File No. SR-NASDAQ-2008-004] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Granting Approval of Proposed Rule Change Related to Supplemental Market Participant Identifiers March 7, 2008. I. Introduction On January 9, 2008, The NASDAQ Stock Market LLC (“Nasdaq” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to make permanent the pilot program that allows market makers and Electronic Communication Networks (“ECNs”) to obtain supplemental market participant identifiers (“MPIDs”). In addition, Nasdaq proposes to remove any restrictions on the number of MPIDs a market participant may request for displaying attributable quotes or orders. The proposed rule change was published for comment in the **Federal Register** on February 1, 2008. 3 The Commission received no comments on the proposed rule change. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57212 (January 28, 2008), 73 FR 6229 (“Notice”). II. Description of Proposal Nasdaq proposes to make permanent the pilot program incorporated in Nasdaq Rule 4613(a)(2) that allows market makers and ECNs to obtain supplemental MPIDs. The rule has operated as a temporary pilot since it was first adopted in June 2003 and since that time, Nasdaq continued to apply the procedures set forth in the rule and the related interpretive material. 4 In accordance with the pilot program, market makers and ECNs can be issued a maximum of nine supplemental MPIDs. Nasdaq proposes to remove the current restriction that limits the number of supplemental MPIDs that market makers and ECNs can request for displaying attributable quotes or orders. In addition, Nasdaq proposes to remove IM-4613, which sets forth the procedures for allocating supplemental MPIDs. 4 *See* Securities Exchange Act Release No. 47954 (May 30, 2003), 68 FR 34017 (June 6, 2003). *See also* IM-4613—Procedures for Allocation of Second Displayable MPIDs. According to Nasdaq, the pilot inadvertently was permitted to lapse on November 30, 2006. Nasdaq's proposal will prohibit market makers and ECNs from using a supplemental MPID to violate Exchange or Commission rules. 5 If it is determined that a supplemental MPID is being used improperly, Nasdaq will withdraw its grant of the supplemental MPID for all purposes for all securities. In addition, if a market maker or ECN fails to fulfill the conditions appurtenant to its primary MPID ( *e.g.* , by being placed into an unexcused withdrawal), it will not be permitted to use any supplemental MPID for any purpose in that security. 5 Members will be prohibited from using a supplemental MPID to avoid their Manning obligations under IM-2110-2, best execution obligations under Nasdaq Rule 2320, or their obligations under the Commission's Order Handling Rules. Members will be required to continue to comply with the firm quote rule, the OATS rules, and the Commission's order routing and execution quality disclosure rules. *See* Notice, *supra* note 3, at 6229-30. III. Discussion and Commission Findings The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange. 6 In particular, the Commission believes that the proposed rule change is consistent with Section 6(b)(5) of the Act, 7 in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 6 In approving this rule, 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). 7 15 U.S.C. 78f(b)(5). The Commission believes that the proposal to make permanent the pilot program that allows market makers and ECNs to obtain supplemental MPIDs is consistent with the Act. The proposal should provide market participants with flexibility to organize diverse order flows from customers and to route orders from different trading desks and units within their organizations. The Exchange also proposes to remove any restrictions on the number of MPIDs a market participant may request for displaying attributable quotes or orders. According to Nasdaq, this restriction was adopted due to technological limitations. The Exchange has represented that this technological limitation no longer exists. 8 In addition, Nasdaq proposes to remove IM-4613, which sets forth the procedures for allocating supplemental MPIDs. This method of allocating supplemental MPIDs was necessary due to the limited number of available MPIDs. The removal of Nasdaq's technological limitation on the number of MPIDs for a given security makes the procedures unnecessary. 8 *See* Notice, *supra* note 3, at 6229. The Commission notes that Nasdaq represents that a supplemental MPID would be withdrawn for all purposes and for all securities if it were to be determined that such supplemental MPID was being used improperly. 9 In addition, Nasdaq represents that a market maker or ECN will be prohibited from using any supplemental MPID for any purpose in a security, if it fails to fulfill the conditions appurtenant to its primary MPID for such security. 10 In the Commission's view, these procedures should ensure that market makers and ECNs utilize MPIDs in accordance with Exchange rules. 9 *See* Notice, *supra* note 3, at 6230. 10 *Id.* IV. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 11 that the proposed rule change (SR-NASDAQ-2008-004) be, and it hereby is, approved. 11 15 U.S.C. 78s(b)(2). 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. E8-4984 Filed 3-12-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57448; File No. SR-NSX-2008-05] Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Consolidating into a Single Rule Certain Requirements for Products Traded on the Exchange Pursuant to Unlisted Trading Privileges March 6, 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 March 6, 2008, the National Stock Exchange, Inc. (“Exchange” or “NSX”) 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 March 6, 2008, the Exchange filed Amendment No. 1 to the proposed rule change. 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. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its rules to 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. The text of the proposed rule change is available at the Exchange's principal office, on the Exchange's Web site ( *http://www.nsx.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 to amend its rules to 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. The Exchange proposes to amend NSX Rule 15.9 to set forth rules regarding the extension of UTP to a security that is listed on another national securities exchange. Any such security will be subject to all Exchange trading rules applicable to equity securities, unless otherwise noted. The Exchange will file with the Commission a Form 19b-4(e) with respect to any such security that is a “new derivative securities product” as defined in Rule 19b-4(e) under the Act. 3 In addition, any new derivative securities product traded on the Exchange pursuant to proposed NSX Rule 15.9 will be subject to the following criteria. 3 17 CFR 240.19b-4(e). Proposed NSX Rule 15.9B(2) provides that the Exchange will distribute an information circular prior to the commencement of trading in such new derivative securities product which 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, including NSX Rule 3.7; 4
(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 irregular trading hours due to the lack of calculation or dissemination of the intraday indicative value (“Intraday Indicative Value”) or a similar value. 5 4 NSX Rule 3.7 requires the ETP Holder to have reasonable grounds to believe that a recommendation made by the ETP Holder is suitable for the customer. 5 NSX's pre-market session is from 8 a.m. until 9:29:59 a.m. Eastern Time and NSX's post-market session is from 4:00:01 p.m. to 6:30 p.m. Eastern Time. Proposed NSX Rule 15.9(B)(3) reminds ETP Holders 6 that they are subject to the prospectus delivery requirements under the Securities Act of 1933, as amended (“Securities Act”), 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 (“1940 Act”) and the product is not otherwise subject to prospectus delivery requirements under the Securities Act. The Exchange will inform its ETP Holders regarding the application of the provisions of this subparagraph to a particular series of exchange-traded funds governed by the 1940 Act by means of an information circular. This section also includes a definition of the term exchange-traded fund. 6 An ETP Holder is a registered broker or dealer that has been issued an Equity Trading Permit (“ETP”) by NSX. Proposed NSX Rule 15.9B(4) addresses trading halts in the new derivative securities products traded on the Exchange pursuant to UTP. Proposed NSX Rule 15.9B(4) provides that the Exchange, 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 (or a similar value) or the value of the underlying index or instrument, will immediately halt trading in that product on the Exchange. If the Intraday Indicative Value (or a similar value) or the value of the underlying index or instrument continues not to be calculated or widely available as of trading on the Exchange on the next business day, the Exchange shall not commence trading of the product that day. If an interruption in the calculation or wide dissemination of the Intraday Indicative Value (or a similar value) or the value of the underlying index or instrument continues, the Exchange may resume trading in the product only if calculation and wide dissemination of the Intraday Indicative Value (or a similar value) or the value of the underlying index or instrument resumes or trading in such series resumes in the listing market. 7 7 The Exchange also has authority to suspend or halt trading under NSX Rules 11.20, 12.11, and 15.7. Additionally, pursuant to NSX Rule 15.9B(4)(b), the Exchange will immediately halt trading in any new derivative securities product if the listing exchange notifies the Exchange that the net asset value is not being disseminated to all market participants at the same time. The Exchange will resume trading in the new derivative securities product only when the net asset value is disseminated to all market participants at the same time or trading in the new derivative securities product resumes on the listing market. Lastly, NSX represents that the Exchange's surveillance procedures for new derivative securities products traded on the Exchange pursuant to UTP will be similar to the procedures used for equity securities traded on the Exchange and will incorporate and rely upon existing Exchange surveillance systems. The Exchange will closely monitor activity in new derivative securities products traded on the Exchange pursuant to UTP and deter any potential improper trading activity. The proposed rule change also provides that the Exchange will enter into a comprehensive surveillance sharing agreement (“CSSA”) with a market 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 market. 8 8 Although NSX's rules have provisions that relate to the activities of market makers, the Exchange currently has no market makers and is not approving any ETP Holder's registration as a market maker in any security. If NSX decides to provide for market makers, it will seek to amend NSX Rule 15.9 to provide for certain restrictions on the activities of such market makers to facilitate surveillance. 2. Statutory Basis The basis under the Act for this proposed rule change is found in Section 6(b)(5), 9 in that the proposed rule change is designed to promote just and equitable principles of trade, to 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. 9 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-NSX-2008-05 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-NSX-2008-05. 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 NSX. 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-NSX-2008-05 and should be submitted on or before April 3, 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. In particular, the Commission finds that the proposal is consistent with Section 6(b)(5) of the Act 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. This proposal would consolidate into a single rule various provisions related to UTP that have been established in other new products proposals previously approved by the Commission. In addition, proposed NSX Rule 15.9 is closely modeled on a similar rule of another exchange, changes to which were recently approved by the Commission. 10 The Commission finds good cause for approving the proposed rule change prior to the 30th day after the date of publication of the notice of filing thereof in the **Federal Register** . NSX's proposal does not raise any novel issues, and accelerated approval thereof will expedite the 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, to approve the proposed rule change on an accelerated basis. 10 *See* Securities Exchange Act Release No. 57387 (February 27, 2008), 73 FR 11965 (March 5, 2008) (SR-ISE-2007-99). V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 11 that the proposed rule change, as amended (SR-NSX-2008-05) is hereby approved on an accelerated basis. 11 15 U.S.C. 78s(b)(2). 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. E8-4969 Filed 3-12-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57456; File No. SR-NYSEArca-2007-91] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating to the Listing and Trading of Six iShares® S&P GSCI TM Commodity-Indexed Trusts March 7, 2008. On August 30, 2007, 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”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to list and trade shares (“Shares”) of the following trusts pursuant to NYSE Arca Equities Rule 8.203: iShares® S&P GSCI TM Energy Commodity-Indexed Trust; iShares® S&P GSCI TM Natural Gas Commodity-Indexed Trust; iShares® S&P GSCI TM Industrial Metals Commodity-Indexed Trust; iShares® S&P GSCI TM Light Energy Commodity-Indexed Trust; iShares® S&P GSCI TM Livestock Commodity-Indexed Trust; and iShares® S&P GSCI TM Non-Energy Commodity-Indexed Trust (collectively, the “Trusts”). 3 On February 11, 2008, the Exchange filed Amendment No. 1 to the proposed rule change. The proposed rule change, as amended, was published for comment in the **Federal Register** on February 20, 2008, for a 15-day comment period. 4 The Commission received no comments on the proposed rule change. This order approves the proposed rule change, as modified by Amendment No. 1, on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 iShares® is a registered trademark of Barclays Global Investors, N.A. “S&P GSCI” is a trademark of Standard & Poor's (“S&P”), a division of The McGraw-Hill Companies, Inc. 4 *See* Securities Exchange Act Release No. 57318 (February 12, 2008), 73 FR 9381 (“Notice”). I. Description of the Proposal NYSE Arca proposes to list and trade Shares, which are units of beneficial interest representing fractional undivided beneficial interests in the net assets of the Trusts. 5 The objective of each Trust is for the performance of the Shares to correspond generally to the performance of the Total Return Indexes. 6 To achieve this goal, the Trusts will hold interests in certain commodity pools, which in turn will hold long positions in futures contracts on the Excess Return Indexes. 5 The Commission approved for listing on the New York Stock Exchange LLC (“NYSE”) shares of the iShares GS Commodity Light Energy Indexed Trust, shares of the iShares GS Commodity Industrial Metals Indexed Trust, shares of the iShares GS Commodity Livestock Indexed Trust, and shares of the iShares GS Commodity Non-Energy Indexed Trust. *See* Securities Exchange Act Release No. 55585 (April 5, 2007), 72 FR 18500 (April 12, 2007) (SR-NYSE-2006-75). Subsequently, S&P acquired the S&P GSCI (formerly known as the “Goldman Sachs Commodity Index”), the S&P GSCI-ER and the Total Return Indexes from Goldman Sachs & Co., the prior Index Sponsor, effective May 2007. According to the Registration Statements, S&P has represented that it will not modify the determination methodology for the S&P GSCI Total Return Indexes from that existing on the date of transfer (May 9, 2007) for at least one year. Thereafter, there can be no assurance as to whether the methodology will be changed. To date, the Registration Statements for iShares GS Commodity Light Energy Indexed Trust and iShares GS Commodity Livestock Indexed Trust have not been updated to reflect S&P's index acquisitions from Goldman Sachs. The Sponsor of the Trusts, Barclays Global Investors International, Inc., has represented that the Registration Statements for iShares GS Commodity Light Energy Indexed Trust and iShares GS Commodity Livestock Indexed Trust will be updated to reflect S&P's acquisitions prior to commencement of secondary market trading of Shares of such Trusts. None of the Trusts commenced trading on the NYSE. Pursuant to this proposed rule change, the Shares will be listed on NYSE Arca rather than on NYSE, and will not trade on NYSE. 6 Terms not otherwise defined herein have the same meaning as the meaning given in the Notice, *supra* at note 4. The Notice contains a more detailed description of the Trusts (including information about their management and operation, holdings, fees, and expenses), the Total Return Indexes, the Excess Return Indexes, procedures and payment requirements for creating and redeeming Shares, and reports to be distributed to beneficial owners of the Shares. II. 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 that the Exchange have rules that are 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. As noted above, the Commission previously approved the listing and trading of shares of four of the Trusts on NYSE. 9 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). 9 *See supra* at note 5. The Commission further believes that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 10 which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. For each Trust, one or more major market data vendors will disseminate between 9:30 a.m. and 4:15 p.m. New York Time (“NYT”) an IIV on a per Share basis, which will be updated at least every 15 seconds. 11 Additionally, the Trusts' Web site ( *http://www.ishares.com* ), which will be publicly accessible at no charge, will contain the following information for each Trust:
(a)The prior Business Day's NAV on a per Share basis and the reported closing price;
(b)the Bid-Ask Price;
(c)calculation of the premium or discount of such price against such NAV;
(d)data in chart form displaying the frequency distribution of discounts and premiums of the Bid-Ask Price against the NAV, within appropriate ranges for each of the four previous calendar quarters;
(e)the prospectus;
(f)the holdings of the Trusts;
(g)the Basket Amount; and
(h)other applicable quantitative information. The Exchange's Web site ( *http://www.nyse.com* ) will include a hyperlink to the Trusts' Web site at *http://www.ishares.com* . Further, NYSE Arca represented that:
(1)Futures quotes and last-sale information for the commodities underlying the applicable indexes are widely disseminated through a variety of market data vendors worldwide, including Bloomberg and Reuters;
(2)complete real-time data for such futures is available by subscription from Reuters and Bloomberg;
(3)the futures exchanges on which the underlying commodities and CERFs trade also provide delayed futures information on current and past trading sessions and market news, generally free of charge, on their respective Web sites; and
(4)the specific contract specifications for the futures contracts are also available from the futures exchanges on their Web sites as well as other financial informational sources. 10 15 U.S.C. 78k-1(a)(1)(C)(iii). 11 During the NYSE Arca Core Trading Session (9:30 a.m. to 4:15 p.m., NYT) for the Trusts, one or more major market data vendors will also disseminate information with respect to recent NAV and Shares outstanding on a daily basis. The Commission believes that the proposal to list and trade the Shares is reasonably designed to promote fair disclosure of information that may be necessary to price the Shares appropriately and to prevent trading when a reasonable degree of transparency cannot be assured. The Commission also believes that the Exchange's trading halt rules are reasonably designed to prevent trading in the Shares when transparency is impaired. Trading on the Exchange in the Shares may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. The Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares. These may include:
(1)The extent to which trading is not occurring in CERFs or the futures contracts included in the applicable Index or Indexes; or
(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In addition, trading may be halted because of extraordinary market volatility pursuant to the Exchange's “circuit breaker” rule. 12 If the value of the Total Return Index associated with a Trust's Shares or the applicable IIV is not being disseminated on at least a 15 second basis during the hours the Shares trade on the Exchange, the Exchange may halt trading during the day in which the interruption to the dissemination of the IIV or the Index value occurs. If the interruption to the dissemination of the IIV or the Index value 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. Additionally, if the Exchange becomes aware that the NAV is not disseminated to all market participants at the same time, it will halt trading in the Shares until such time as the NAV is available to all market participants. 12 *See* NYSE ARCA Equities Rule 7.12. The Commission further believes that the trading rules and procedures to which the Shares will be subject pursuant to this proposal are consistent with the Act. The Exchange has represented that the Shares will be traded on the Exchange similar to other equity securities. 13 13 The Commission notes that NYSE Arca Equities Rules 8.203(g)—(i) set forth certain restrictions on ETP Holders acting as registered Market Makers in Commodity Index Trust Shares to facilitate surveillance. NYSE Arca Equities Rule 8.203(h) requires that the ETP Holder acting as a registered Market Maker in the Shares provide the Exchange with information relating to its trading in the applicable physical commodities included in, or options, futures or options on futures on, the applicable Index or any other derivatives based on the Index. NYSE Arca Equities Rule 8.203(i) prohibits the ETP Holder acting as a registered Market Maker in the Shares from using any material nonpublic information received from any person associated with an ETP Holder or employee of such person regarding trading by such person or employee in the applicable physical commodities included in, or options, futures or options on futures on, the Index or any other derivatives based on the Index (including the Shares). In addition, as stated above, NYSE Arca Equities Rule 8.203(g) prohibits the ETP Holder acting as a registered Market Maker in the Shares from being affiliated with a market maker in the applicable physical commodities included in, or options, futures or options on futures on, the Index or any other derivatives based on the Index unless adequate information barriers are in place, as provided in NYSE Arca Equities Rule 7.26. In support of this proposal, the Exchange has made the following representations:
(1)It has obtained from the Sponsor a representation that the Trustee will make the NAV per Share available to all market participants at the same time.
(2)The Exchange will utilize its existing surveillance procedures applicable to derivative products 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 is able to obtain information regarding trading in the Shares, the physical commodities included in, or options, futures or options on futures on, an index underlying an issue of Commodity Index Trust Shares or any other derivatives based on such index, through ETP Holders, in connection with such ETP Holders' proprietary or customer trades which they effect on any relevant market. With regard to the Index components, the Exchange can obtain market surveillance information, including customer identity information, with respect to transactions occurring on the NYM, the Kansas City Board of Trade, ICE and the LME, pursuant to its comprehensive information sharing agreements with each of those exchanges. All of the other trading venues on which current Index components are traded are members of the ISG, and the Exchange therefore has access to all relevant trading information with respect to those contracts without any additional action being required on the part of the Exchange.
(3)Prior to the commencement of trading, the Exchange will inform its ETP Holders in an Information Bulletin of the special characteristics and risks associated with trading the Shares, including risks inherent with trading the Shares during the Opening and Late Trading Sessions when the updated IIV is not calculated and disseminated, and suitability recommendation requirements. 14 14 The Notice describes in greater detail the information that will be included in the Information Bulletin. This approval order is based on the Exchange's representations. 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 it has previously approved the listing on NYSE of four of the proposed products and that no comments were received during the 15-day comment period. The Commission believes that the proposed rule change, as modified by Amendment No. 1, does not raise any novel regulatory issues. Consequently, the Commission believes that it is appropriate to permit investors to benefit from these additional investment choices without delay. III. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 15 that the proposed rule change (SR-NYSEArca-2007-91), as modified by Amendment No. 1 thereto, be, and it hereby is, approved on an accelerated basis. 15 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 16 16 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-5034 Filed 3-12-08; 8:45 am] BILLING CODE 8011-01-P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2007-0016] Supplemental Security Income, Youth Transition Demonstration AGENCY: Social Security Administration (SSA). ACTION: Notice of Extension and Modification of the Youth Transition Demonstration. SUMMARY: On October 7, 2003, the Commissioner of Social Security published a Notice in the **Federal Register** (68 FR 57950) announcing the beginning of a demonstration project designed primarily to test the effectiveness of altering certain Supplemental Security Income
(SSI)and other program rules as an incentive to encourage individuals with disabilities or blindness to work or increase their work activity and earnings. In order to complete a more thorough evaluation of this project, we are extending the duration of the altered program rules in three of the seven original project locations and adding three new project locations that will also offer the alternative program rules. The Commissioner of Social Security is publishing this notice in accordance with 20 CFR 416.250(e) and conducting the project pursuant to authority in sections 234 and 1110 of the Social Security Act. Background In October 2003, at the start of the Youth Transition Demonstration (we have slightly altered the project name from the original Notice), we announced the award of seven cooperative agreements in six states for the development and implementation of demonstration programs intended to help youth with disabilities maximize their economic self-sufficiency as they transition from school to work. These seven programs (one each in California, Colorado, Iowa, Maryland, and Mississippi, and two in New York) worked with transition-aged youth (mostly between the ages of 14 and 25) who either receive SSI, Social Security Disability Insurance (SSDI), or Childhood Disability Benefits
(CDB)or are at risk of receiving such benefits, including those who have a progressive disability, who have a prognosis for decreased functioning, or who have existing disabling conditions prior to age 18 that would render them eligible except for deemed parental income. The projects were designed to help Federal, State, and local agencies develop and implement sustainable improvements in the delivery of transition services and supports. They also tested ways to remove other barriers to employment and economic self-sufficiency. The October 2003 Notice stated that SSA would fund the projects on a yearly basis for up to five years, through September 2008, subject to the continued availability of funds and satisfactory progress. Currently, five of the original seven YTD projects remain fully operational. Two ended because of difficulty they had reaching the goals stated in their cooperative agreements. Two more will end in September 2008, when their original cooperative agreements expire, because they have not agreed to the type of methodology, random assignment (RA), that we are now requiring in the demonstration. The three remaining original projects (two in New York and one in Colorado) will continue with the YTD beyond 2008. However, all seven of the original projects will be included in our overall evaluation, specifically the process and implementation portion of the analysis. In the fall of 2006, in an effort to identify three additional programs for the YTD, we awarded funding to five candidate programs. In the five candidate programs, individuals were provided with additional services, but no SSI program rules were altered. Ultimately, we chose the three programs located in Florida, Maryland and West Virginia to take part in the YTD beginning in 2008. Each of the newly selected programs will receive funding for up to four years, ending in 2012, and will participate in all aspects of the YTD. Going forward, therefore, we will conduct the YTD with six programs: the three remaining original programs (one in Colorado and two in New York) and three new ones (Florida, Maryland and West Virginia). Evaluation Status As noted above, three of the seven original programs and three new programs will be participating in the extended YTD and using RA methodology. Once the YTD is explained to potential participants and written consent is obtained stating that they want to participate in the study, the youth are placed either into a control group or a treatment group through a random process. Youth placed in the treatment group receive the enhanced YTD services and are subject to the alternative program rules, while youth in the control group receive only those rules and services that would have been available in the absence of the YTD project. Each treatment and control group will include at least 400 participants. The three original programs are already in the process of enrollment using RA and are scheduled to complete enrollment no later than January 2009. The three new programs are scheduled to begin enrollment using RA in spring 2008 and to end enrollment in spring 2010. We will fund the six programs using RA on a yearly basis for up to four years, ending in 2012, subject to the continued availability of funding. The Extended YTD Evaluation Includes Four Data Collection and Research Activities 1. The collection of administrative data and survey data on treatment and control group members at the time of RA and for four years after RA; 2. A study of the implementation of all the YTD projects; 3. A study of the impacts of the projects on youth outcomes, such as employment and earnings, receipt of disability benefits, and educational attainment; 4. An analysis of the benefits and costs of the YTD projects. The YTD will end no later than September 30, 2013. An extended evaluation is being conducted over eight years. The evaluation began in September 2005 and will end in September 2013, with an additional year to prepare reports and findings. The first year of the evaluation was devoted to developing program models, providing technical assistance to existing YTD programs, and visiting locations to choose additional sites for the YTD. During the second year, the prospective locations operated pilot projects so that we could choose three new programs to fully participate in the YTD. We, and the evaluation contractor, will provide technical assistance to the project locations and will monitor them through repeated visits, as well as through the evaluation's web-based case-management system. The evaluation contractor will collect and analyze administrative and survey data. Ultimately, the contractor will prepare reports on the evaluation findings. Dates Because participants enroll in the programs at different times and at different ages, the alternative rules could be available to participants for lengths of time that vary by up to two years. To avoid this variation and thus to strengthen the YTD evaluation, the alternative program rules will apply as follows: • Individuals participating in the YTD at the two original programs that are still operational, but are not continuing with the YTD after their original cooperative agreements end (California and Mississippi) will continue to receive alternative program rules as provided for in 68 FR 57950 until September 2008. • For participants randomly assigned to a treatment group in one of the six YTD programs using RA, the alternative program rules will apply for a fixed period of four years or until the participant attains age 22, whichever occurs later. (In no instance will the alternative rules apply after September 30, 2013.) FOR FURTHER INFORMATION CONTACT: Leola Brooks, Social Security Administration, Office of Program Development and Research, 400 Virginia Avenue, SW., Suite 700, Washington, DC 20024; Phone
(202)358-6294 or through e-mail to *leola.brooks@ssa.gov.* SUPPLEMENTARY INFORMATION: Alternative SSI Program Rules That Apply to Participants in the YTD The alternative program rules that we are testing under the demonstration project consist of the following five elements. Element 1 applies to SSI, SSDI and CDB beneficiaries. Elements 2 through 5 apply to SSI-only recipients. 1. Despite the finding of a continuing disability review conducted in accordance with section 221(i) or section 1614(a)(3)(H) of the Social Security Act (the Act) or an age-18 medical redetermination conducted in accordance with section 1614(a)(3)(I) of the Act that an individual is no longer eligible for benefits, SSA will continue paying benefits for as long as the individual continues to be a YTD participant. 2. The student earned-income exclusion (section 1612(b)(1) of the Act), which normally applies only to students who are age 21 or younger, will apply to all participants who meet school attendance requirements, without regard to their age. 3. The general earned-income exclusion (section 1612(b)(4) of the Act) normally permits the exclusion of $65 plus half of what an individual earns in excess of $65. For the YTD, SSA will exclude the first $65 plus three-fourths of any additional earnings. 4. SSA will extend the SSI program's treatment of Federally supported Individual Development Accounts
(IDAs)(section 404(h) of the Act) to IDAs that do not involve Federal funds. An IDA is a trust-like savings account. Except for certain emergencies, funds in a Federally-supported IDA can be used only for going to college, buying a first home, or starting a business. The individual makes deposits from his or her earned income. The individual's contributions are matched, at rates that can vary from 1:1 to 8:1, usually depending on the availability of funding. Social Security excludes Federally-supported IDAs when it determines whether someone's resources exceed the SSI limit. It also excludes matching contributions when it determines countable income. Further, Social Security deducts the beneficiary's own deposits from countable income, so that SSI benefits replace the amount deposited. As a result, an SSI beneficiary does not have to divert scarce resources from living expenses in order to save. Non-federally-supported IDA or “IDA-like” programs have emerged in a number of States. These programs usually permit an individual to save for one or more purposes in addition to the three mentioned above, such as transportation and/or assistive technology. The exclusions that apply to Federally-supported IDAs normally do not extend to these programs. 5. Ordinarily, a plan for achieving self-support
(PASS)must specify an employment goal (section 1633(d) of the Act), which refers to getting a particular kind of job or starting a particular business. For the YTD, SSA will approve an otherwise satisfactory PASS that has either career exploration or postsecondary education as its goal. If the goal is postsecondary education, the PASS must provide for developing a work goal at least one year prior to completion of the degree requirements. Income that an individual uses for PASS expenses does not count when SSA determines SSI eligibility and payment amount. Assets that an individual uses for PASS expenses do not count as resources when SSA determines SSI eligibility. Extended Impact Evaluation Locations Colorado *Title:* Colorado Youth Work Incentive Network of Supports (WINS). *Lead Organization:* University of Colorado Health Sciences Center. *Summary:* Colorado's Youth WINS provides benefits counseling, consumer navigation, career counseling, and individualized job development and placement. Services are provided by a three-person team housed in local workforce centers. *Project Sites:* Boulder, Larimer, El Paso/Teller, Pikes Peak and Pueblo Counties. New York *Title:* Transition WORKS. *Lead Organization:* Erie 1 Board of Cooperative Educational Services (BOCES). *Summary:* New York's Transition WORKS emphasizes self-advocacy and person-centered planning for youth and families located in Erie County. Transition Works provides job placement, work experience, intensive case management, transition planning, career exploration, and benefits counseling. *Project Site:* Erie County. *Title:* CUNY's Youth Transition Demonstration Project. *Lead Organization:* City University of New York (CUNY). *Summary:* New York's CUNY Youth Transition Demonstration Project provides person-centered planning, benefits counseling, vocational skills development, recreational activities, self-determination sessions, and parent-peer mentoring in Saturday group workshops located on CUNY campuses, along with the opportunity to participate in summer work experiences. *Project Site:* Bronx County. Florida *Title:* Broadened Horizons Brighter Futures Program. *Lead Organization:* Abilities, Inc. *Summary:* Program services include paid work experience and customized job development and placement, self determination curriculum, and a focus on asset building and individual development accounts. *Project Site:* Miami-Dade County. Maryland *Title:* Career Transition Program (CTP). *Lead Organization:* St. Luke's House. *Summary:* CTP will forge links with school systems and other systems to support employment and effective mental health treatment. The program targets youth with emotional disabilities, and includes a population of SSI and those at risk of becoming SSI recipients. *Project Site:* Montgomery County, MD. West Virginia *Title:* West Virginia Youth Works—Youth Transition Project. *Lead Organization:* Human Resources Development Foundation (HRDF). *Summary:* In addition to paid and unpaid work experiences, youth will be provided benefits counseling, mentoring, counseling and guidance, case management, and service links. HRDF will partner with the West Virginia University Center for Excellence in Disabilities (WVU CED). *Project Sites:* Barbour, Harrison, Jackson, Lewis, Marion, Monongalia, Preston, Taylor, Upshur, Wood, Cabell, Fayette, Kanawha, Mason, Mercer, Putnam, Raleigh, and Wayne Counties. Dated: March 5, 2008. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E8-5036 Filed 3-12-08; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 6131] Bureau of Educational and Cultural Affairs
(ECA)Request for Grant Proposals: English Language Teaching
(ELT)Materials Development Project and English Language Educators Summer Institute *Announcement Type:* New Cooperative Agreement. *Funding Opportunity Number:* ECA/A/L-08-02. *Catalog of Federal Domestic Assistance Number:* 00.000. *Key Dates:* *Application Deadline:* May 13, 2008. *Executive Summary:* The Office of English Language Programs of the Bureau of Educational and Cultural Affairs announces an open competition for the English Language Teaching
(ELT)Materials Development Project and English Language Educators Summer Institute in July 2009. U.S. public and private universities, colleges, community colleges and other organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3) may submit proposals to provide the following:
(1)The development of English language materials suitable to Office of English Language Programs' goals and
(2)the design and administration of a three-week professional development program for assessing English language teaching materials for possible adoption into English language teaching programs overseas. For the ELT Materials Development Project, the recipient will develop English Language Teaching materials (print, audio, and online) to become part of the collection of the Office of English Language Programs for use overseas. These should reflect current academic best practices and educational priorities. More detailed information about the ELT materials to be developed under this cooperative agreement is detailed in the Project Objectives, Goals, and Implementation (POGI). For the English Language Educators Summer Institute to take place in 2009, the recipient will design and administer a three-week professional development program for experienced secondary school and university English language teachers drawn from countries served by U.S. Department of State Regional English Language Officers based overseas. The focus of the English Language Educators Summer Institute is to familiarize participants with the newly authored materials (created as part of this cooperative agreement), selected Office of English Language Program publications, U.S. student-centered teaching methods, various materials illustrating U.S. society, culture and diversity, and the role of materials in the language classroom. The exchange experience should also give participants an in-depth experience of American life and culture and contribute to mutual understanding between participants' countries and the United States. The program should include both a theoretical component, provided through professional development seminars in an academic setting, and a practical component, provided through hands on experience assessing and working with selected titles from the Office of English Language Programs. Participants should also create or adapt English language teaching materials suitable for their local context. Applicant organizations should have a demonstrated ability to conduct a substantive academic program, develop English language materials, and manage logistical and administrative aspects of the program. I. Funding Opportunity Description Authority Overall grant making authority for this program is contained in the Mutual Educational and Cultural Exchange Act of 1961, as amended, Public Law 87-256, also known as the Fulbright-Hays Act. The purpose of the Act is “to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries * * *; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations * * * and thus to assist in the development of friendly, sympathetic, and peaceful relations between the United States and the other countries of the world.” The funding authority for the program above is provided through legislation. Purpose The purpose of this cooperative agreement is two-fold: 1) development of English language materials appropriate to the Office of English Language Programs' goals and 2) design and administration of a three-week English Language Educators Summer Institute with a focus on materials assessment and techniques for participants on how to incorporate Office of English Language Programs' materials into English language teaching programs in their home countries. The English Language Teaching Materials Development Project for the Office of English Language Programs will allow U.S. missions and programs overseas to provide low-cost, high-quality English language teaching
(ELT)materials that demonstrate current best practices in the field appropriate for global audiences. The follow-on English Language Educators Summer Institute in 2009 will bring approximately twenty-six in-service teachers of English from public institutions (secondary schools and universities) from regions overseas to the U.S. to learn about the role of materials in the language learning classroom—specifically: selecting, assessing, using, and supplementing materials with available resources (internet, realia, articles etc.), as well as incorporating these materials into U.S.-style student-centered teaching methods. Following their program, the participants will return to their home institutions. This program is designed to assist educators in their classroom pedagogy and to provide these educators with an in-depth exchange experience in the United States. It is intended that this experience will provide a basis for participants' continuing contact with American counterparts in order to promote mutual understanding. Guidelines The English Language Teaching Materials Development Project component of the cooperative agreement will focus on publications relevant and appropriate to ECA/A/L's ongoing English language programming efforts around the world. The effort should focus on updating existing materials and creating supplemental materials (print, audio, and online use) for our current titles. Selection of titles to expand will be made by the Office of English Language Programs in consultation with the recipient. The Department of State will retain full foreign ownership to the text that is prepared including the right to print, publish, repurpose, and distribute the text in all media including electronic media, and in all languages and editions. The follow-on English Language Educators Summer Institute should provide participants with thorough exposure to the new materials, their use in the classroom, and student-centered teaching approaches as well as a substantive cultural/educational exchange experience in the United States. The participants will be selected by the Office of English Language Programs in consultation with Regional English Language Offers (RELOs) and Public Affairs Officers
(PAOs)at U.S. embassies. The recipient should provide substantive information for the pre-departure briefing materials about the program, the program's goals, and expectations of participants. This information should be conveyed electronically via email or fax for optimum efficiency. The recipient should also design a framework for integrating the professional development component and its objectives to reflect the participants' previous education and experience, and promote strategies for participants to share their knowledge with professional counterparts and with students in their classrooms. To help in the design of this framework, organizers should seek participants' input about the needs of local educators in pre- and in-service positions with regards to materials, curricula, and teaching practices. It is anticipated that the cooperative agreement will begin on or about July 1, 2008, and the recipient should complete all exchange activities by December 31, 2009. The exchange program will take place in July 2009. Please refer to additional program specific guidelines in the Project Objectives, Goals, and Implementation
(POGI)document. II. Award Information: *Type of Award:* Cooperative Agreement. ECA's level of involvement in this program is listed under number I above. *Fiscal Year Funds:* 2008. *Approximate Total Funding:* $500,000. *Approximate Number of Awards:* 1. *Approximate Average Award:* $500,000. *Anticipated Award Date:* July 1, 2008. *Anticipated Project Completion Date:* December 31, 2009. *Additional Information:* Pending successful implementation of this program and the availability of funds in subsequent fiscal years, it is ECA's intent to renew this cooperative agreement for two additional fiscal years, before openly competing it again. Pending availability of funds in future fiscal years, the size of the award may increase. III. Eligibility Information III.1. Eligible applicants: Applications may be submitted by U.S. public and private universities, colleges, community colleges and other organizations meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3). III.2. Cost Sharing or Matching Funds: There is no minimum or maximum percentage required for this competition. However, the Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. When cost sharing is offered, it is understood and agreed that the applicant must provide the amount of cost sharing as stipulated in its proposal and later included in an approved cooperative agreement. Cost sharing may be in the form of allowable direct or indirect costs. For accountability, you must maintain written records to support all costs which are claimed as your contribution, as well as costs to be paid by the Federal government. Such records are subject to audit. The basis for determining the value of cash and in-kind contributions must be in accordance with OMB Circular A-110, (Revised), Subpart C.23—Cost Sharing and Matching. In the event you do not provide the minimum amount of cost sharing as stipulated in the approved budget, ECA's contribution will be reduced in like proportion. III.3. Other Eligibility Requirements: Bureau grant guidelines require that organizations with less than four years experience in conducting international exchanges be limited to $60,000 in Bureau funding. ECA anticipates awarding one cooperative agreement, in an amount up to $500,000 to support program and administrative costs required to implement the ELT Materials Development Project and English Language Educators Summer Institute. Amount available for program and administration of English Language Educators Summer Institute estimated at $200,000. Therefore, organizations with less than four years experience in conducting international exchanges are ineligible to apply under this competition. The Bureau encourages applicants to provide maximum levels of cost sharing and funding in support of its programs. IV. Application and Submission Information: Note: Please read the complete **Federal Register** announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. IV.1. Contact Information to Request an Application Package: Please contact Maria Snarski of the Office of English Language Programs, ECA/A/L, Room 304, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, telephone:
(202)453-8841, fax:
(202)453-8858, e-mail: *SnarskiME@state.gov* to request a Solicitation Package. Please refer to the Funding Opportunity Number ECA/A/L-08-02 located at the top of this announcement when making your request. Alternatively, an electronic application package may be obtained from grants.gov. Please see section IV.3f for further information. The Solicitation Package contains the Proposal Submission Instruction
(PSI)document which consists of required application forms, and standard guidelines for proposal preparation. It also contains the Project Objectives, Goals and Implementation
(POGI)document, which provides specific information, award criteria and budget instructions tailored to this competition. Please specify Maria Snarski, telephone:
(202)453-8841, and refer to the Funding Opportunity Number ECA/A/l-08-02 located at the top of this announcement on all other inquiries and correspondence. IV.2. To Download a Solicitation Package Via Internet: The entire Solicitation Package may be downloaded from the Bureau's Web site at *http://exchanges.state.gov/education/rfgps/menu.htm,* or from the Grants.gov Web site at *http://www.grants.gov.* Please read all information before downloading. IV.3. Content and Form of Submission: Applicants must follow all instructions in the Solicitation Package. The original and seven copies of the application should be submitted per the instructions under IV.3f. “Application Deadline and Methods of Submission” section below. IV.3a. You are required to have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number to apply for a grant or cooperative agreement from the U.S. Government. This number is a nine-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access *http://www.dunandbradstreet.com* or call 1-866-705-5711. Please ensure that your DUNS number is included in the appropriate box of the SF-424 which is part of the formal application package. IV.3b. All proposals must contain an executive summary, proposal narrative and budget. Please Refer to the Solicitation Package. It contains the mandatory Proposal Submission Instructions
(PSI)document and the Project Objectives, Goals and Implementation
(POGI)document for additional formatting and technical requirements. IV.3c. You must have nonprofit status with the IRS at the time of application. If your organization is a private nonprofit which has not received a grant or cooperative agreement from ECA in the past three years, or if your organization received nonprofit status from the IRS within the past four years, you must submit the necessary documentation to verify nonprofit status as directed in the PSI document. Failure to do so will cause your proposal to be declared technically ineligible. IV.3d. Please take into consideration the following information when preparing your proposal narrative: IV.3d.1 Adherence to All Regulations Governing the J Visa. The Bureau of Educational and Cultural Affairs is placing renewed emphasis on the secure and proper administration of Exchange Visitor (J visa) Programs and adherence by grantees and sponsors to all regulations governing the J visa. Therefore, proposals should demonstrate the applicant's capacity to meet all requirements governing the administration of the Exchange Visitor Programs as set forth in 22 CFR 62, including the oversight of Responsible Officers and Alternate Responsible Officers, screening and selection of program participants, provision of pre-arrival information and orientation to participants, monitoring of participants, proper maintenance and security of forms, record-keeping, reporting and other requirements. The recipient will be responsible for issuing DS-2019 forms to participants in this program. A copy of the complete regulations governing the administration of Exchange Visitor
(J)programs is available at *http://exchanges.state.gov* or from: United States Department of State, Office of Exchange Coordination and Designation, ECA/EC/ECD—SA-44, Room 734, 301 4th Street, SW., Washington, DC 20547, Telephone:
(202)203-5029, FAX:
(202)453-8640. Please refer to the Solicitation Package for further information. IV.3d.2 Diversity, Freedom and Democracy Guidelines Pursuant to the Bureau's authorizing legislation, programs must maintain a non-political character and should be balanced and representative of the diversity of American political, social, and cultural life. “Diversity” should be interpreted in the broadest sense and encompass differences including, but not limited to ethnicity, race, gender, religion, geographic location, socio-economic status, and disabilities. Applicants are strongly encouraged to adhere to the advancement of this principle both in program administration and in program content. Please refer to the review criteria under the ‘Support for Diversity’ section for specific suggestions on incorporating diversity into your proposal. Public Law 104-319 provides that “in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy,” the Bureau “shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders of such countries.” Public Law 106—113 requires that the governments of the countries described above do not have inappropriate influence in the selection process. Proposals should reflect advancement of these goals in their program contents, to the full extent deemed feasible. IV.3d.3. Program Monitoring and Evaluation Proposals must include a plan to monitor and evaluate the project's success, both as the activities unfold and at the end of the program. The Bureau recommends that your proposal include a draft survey questionnaire or other technique plus a description of a methodology to use to link outcomes to original project objectives. The Bureau expects that the recipient will track participants or partners and be able to respond to key evaluation questions, including satisfaction with the program, learning as a result of the program, changes in behavior as a result of the program, and effects of the program on institutions (institutions in which participants work or partner institutions). The evaluation plan should include indicators that measure gains in mutual understanding as well as substantive knowledge. Successful monitoring and evaluation depend heavily on setting clear goals and outcomes at the outset of a program. Your evaluation plan should include a description of your project's objectives, your anticipated project outcomes, and how and when you intend to measure these outcomes (performance indicators). The more that outcomes are “smart” (specific, measurable, attainable, results-oriented, and placed in a reasonable time frame), the easier it will be to conduct the evaluation. You should also show how your project objectives link to the goals of the program described in this RFGP. Your monitoring and evaluation plan should clearly distinguish between program *outputs* and *outcomes.* *Outputs* are products and services delivered, often stated as an amount. Output information is important to show the scope or size of project activities, but it cannot substitute for information about progress towards outcomes or the results achieved. Examples of outputs include the number of people trained or the number of seminars conducted. *Outcomes,* in contrast, represent specific results a project is intended to achieve and is usually measured as an extent of change. Findings on outputs and outcomes should both be reported, but the focus should be on outcomes. We encourage you to assess the following four levels of outcomes, as they relate to the program goals set out in the RFGP (listed here in increasing order of importance): 1. Participant satisfaction with the program and exchange experience. 2. Participant learning, such as increased knowledge, aptitude, skills, and changed understanding and attitude. Learning includes both substantive (subject-specific) learning and mutual understanding. 3. Participant behavior, concrete actions to apply knowledge in work or community; greater participation and responsibility in civic organizations; interpretation and explanation of experiences and new knowledge gained; continued contacts between participants, community members, and others. 4. Institutional changes, such as increased collaboration and partnerships, policy reforms, new programming, and organizational improvements. Please note: Consideration should be given to the appropriate timing of data collection for each level of outcome. For example, satisfaction is usually captured as a short-term outcome, whereas behavior and institutional changes are normally considered longer-term outcomes. Overall, the quality of your monitoring and evaluation plan will be judged on how well it
(1)specifies intended outcomes;
(2)gives clear descriptions of how each outcome will be measured;
(3)identifies when particular outcomes will be measured; and
(4)provides a clear description of the data collection strategies for each outcome (i.e., surveys, interviews, or focus groups). (Please note that evaluation plans that deal only with the first level of outcomes [satisfaction] will be deemed less competitive under the present evaluation criteria.) The cooperative agreement recipient will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. IV.3.d.4. Describe your plans for staffing: Please provide a staffing plan which outlines the responsibilities of each staff person and explains which staff member will be accountable for each program responsibility. The Office of English Programs requests that at least one member of the staff should be well versed in current methodology of teaching English as a foreign language preferably holding an advanced degree in Teaching English as a Foreign Language (TEFL), applied linguistics or a related field. In depth knowledge of best practices in the English language teaching
(ELT)field is preferable. Wherever possible please streamline administrative processes. IV.3e. Please take the following information into consideration when preparing your budget: IV.3e.1. Applicants must submit a comprehensive budget for the entire program. The budget should not exceed $300,000 for both the ELT Materials Development Project and $200,000 for the English Language Educators Summer Institute program and administrative costs. There must be a summary budget as well as breakdowns reflecting both administrative and program budgets for host campus and foreign teacher involvement in the program. Applicants may provide separate sub-budgets for each program component, phase, location, or activity to provide clarification. The summary and detailed administrative and program budgets should be accompanied by a narrative which provides a brief rationale for each line item including a methodology for estimating appropriate average maintenance allowance levels and tuition costs (as applicable) for the participants, and the number that can be accommodated at the levels proposed. The total administrative costs funded by the Bureau must be reasonable and appropriate. IV.3e.2. Allowable costs for the program and additional budget guidance are outlined in detail in the POGI document. Please refer to the Solicitation Package for complete budget guidelines and formatting instructions. IV.3f. Application Deadline and Methods of Submission: *Application Deadline Date:* May 13, 2008. *Reference Number:* ECA/A/L-08-02. *Methods of Submission:* *Applications may be submitted in one of two ways:*
(1)In hard-copy, via a nationally recognized overnight delivery service (i.e., DHL, Federal Express, UPS, Airborne Express, or U.S. Postal Service Express Overnight Mail, etc.), or
(2)Electronically through *http://www.grants.gov* . Along with the Project Title, all applicants must enter the above Reference Number in Box 11 on the SF-424 contained in the mandatory Proposal Submission Instructions
(PSI)of the solicitation document. IV.3f.1 Submitting Printed Applications Applications must be shipped no later than the above deadline. Delivery services used by applicants must have in-place, centralized shipping identification and tracking systems that may be accessed via the Internet and delivery people who are identifiable by commonly recognized uniforms and delivery vehicles. Proposals shipped on or before the above deadline but received at ECA more than seven days after the deadline will be ineligible for further consideration under this competition. Proposals shipped after the established deadlines are ineligible for consideration under this competition. ECA will *not* notify you upon receipt of application. It is each applicant's responsibility to ensure that each package is marked with a legible tracking number and to monitor/confirm delivery to ECA via the Internet. Delivery of proposal packages *may not* be made via local courier service or in person for this competition. Faxed documents will not be accepted at any time. Only proposals submitted as stated above will be considered. Important note: When preparing your submission please make sure to include one extra copy of the completed SF-424 form and place it in an envelope addressed to “ECA/EX/PM”. The original and seven copies of the application should be sent to: U.S. Department of State, SA-44, Bureau of Educational and Cultural Affairs, Ref.: ECA/A/S/X-07-02, Program Management, ECA/EX/PM, Room 534, 301 4th Street, SW., Washington, DC 20547. Applicants submitting hard-copy applications must also submit the “Executive Summary” and “Proposal Narrative” sections of the proposal in text (.txt) format on a PC-formatted disk. The Bureau will provide these files electronically to the appropriate Public Affairs Section(s) at the U.S. embassy(ies) for its(their) review. IV.3f.2 Submitting Electronic Applications Applicants have the option of submitting proposals electronically through Grants.gov ( *http://www.grants.gov* ). Complete solicitation packages are available at Grants.gov in the “Find” portion of the system. Please follow the instructions available in the “Get Started” portion of the site ( *http://www.grants.gov/GetStarted* ). Several of the steps in the Grants.gov registration process could take several weeks. Therefore, applicants should check with appropriate staff within their organizations immediately after reviewing this RFGP to confirm or determine their registration status with Grants.gov. Once registered, the amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you not wait until the application deadline to begin the submission process through Grants.gov. Direct all questions regarding Grants.gov registration and submission to: Grants.gov Customer Support. *Contact Center Phone:* 800-518-4726. *Business Hours:* Monday-Friday, 7 a.m.-9 p.m. Eastern Time. *E-mail:* *support@grants.gov* . Applicants have until midnight (12 a.m.), Washington, DC time of the closing date to ensure that their entire application has been uploaded to the Grants.gov site. There are no exceptions to the above deadline. Applications uploaded to the site after midnight of the application deadline date will be automatically rejected by the grants.gov system, and will be technically ineligible. Applicants will receive a confirmation e-mail from grants.gov upon the successful submission of an application. ECA will *not* notify you upon receipt of electronic applications. It is the responsibility of all applicants submitting proposals via the Grants.gov web portal to ensure that proposals have been received by Grants.gov in their entirety, and ECA bears no responsibility for data errors resulting from transmission or conversion processes. IV.3g. Intergovernmental Review of Applications: Executive Order 12372 does not apply to this program. V. Application Review Information V.1. Review Process The Bureau will review all proposals for technical eligibility. Proposals will be deemed ineligible if they do not fully adhere to the guidelines stated herein and in the Solicitation Package. All eligible proposals will be reviewed by the program office, as well as the Public Diplomacy section and Fulbright Commission overseas. Eligible proposals will be subject to compliance with Federal and Bureau regulations and guidelines and forwarded to Bureau grant panels for advisory review. Proposals may also be reviewed by the Office of the Legal Adviser or by other Department elements. Final funding decisions are at the discretion of the Department of State's Assistant Secretary for Educational and Cultural Affairs. Final technical authority for assistance awards (cooperative agreements) resides with the Bureau's Grants Officer. Review Criteria Technically eligible applications will be competitively reviewed according to the criteria stated below. These criteria are not rank ordered and all carry equal weight in the proposal evaluation: 1. *Program Development and Management:* The proposal narrative should exhibit originality, substance, precision, and relevance to the Bureau's mission as well as the objectives of the ELT Materials Development Project and English Language Educators Summer Institute. It should include an effective, feasible plan and clearly demonstrate how the institution will meet the program's objectives. 2. *Multiplier effect/impact:* The proposed program should strengthen long-term mutual understanding, including maximum sharing of information and establishment of long-term institutional and individual linkages. 3. *Support of Diversity:* Proposals should demonstrate substantive support of the Bureau's policy on diversity. Achievable and relevant features should be cited in both program administration (selection of participants, program venue and program evaluation) and program content (orientation and wrap-up sessions, program meetings, resource materials and follow-up activities). 4. *Institutional Capacity and Record:* Proposals should demonstrate an institutional record of successful exchange programs, including responsible fiscal management and full compliance with all reporting requirements for past Bureau grants as determined by Bureau Grants Staff. The successful proposal will demonstrate the organization's experience in international educational exchange and intensive programs, and an understanding of international differences of culture, religion, and system of education. The Bureau will consider the past performance of prior recipients and the demonstrated potential of new applicants. 5. *Follow-on and Alumni Activities:* ECA's office of Alumni Affairs is the leading agency for alumni activities and as such, all suggested alumni activity for participants should dovetail with Alumni Affairs' initiatives. Proposals should provide a plan for continued follow-on activity ensuring that the English Language Educators Summer Institute is not an isolated event. Activities should include tracking and maintaining updated lists of all alumni. These lists should be available for the Office of Alumni Affairs. 6. *Project Evaluation:* Proposals should include a plan to evaluate the activity's success, both as the activities unfold and at the end of the program. A draft survey questionnaire or other technique plus description of a methodology to use to link outcomes to original project objectives is recommended. 7. *Cost-effectiveness and Cost Sharing:* The overhead and administrative components of the proposal, including salaries and honoraria, should be kept as low as possible. All other items should be necessary and appropriate. Proposals should maximize cost-sharing through other private sector support as well as institutional direct funding contributions. VI. Award Administration Information VI.1a. Award Notices: Final awards cannot be made until funds have been appropriated by Congress, allocated and committed through internal Bureau procedures. Successful applicants will receive an Federal Assistance Award
(FAA)from the Bureau's Grants Office. The FAA and the original cooperative agreement proposal with subsequent modifications (if applicable) shall be the only binding authorizing document between the recipient and the U.S. Government. The FAA will be signed by an authorized Grants Officer, and mailed to the recipient's responsible officer identified in the application. Unsuccessful applicants will receive notification of the results of the application review from the ECA program office coordinating this competition. VI.2 Administrative and National Policy Requirements Terms and Conditions for the Administration of ECA agreements include the following: Office of Management and Budget Circular A-122, “Cost Principles for Nonprofit Organizations.” Office of Management and Budget Circular A-21, “Cost Principles for Educational Institutions.” OMB Circular A-87, “Cost Principles for State, Local and Indian Governments”. OMB Circular No. A-110 (Revised), Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations. OMB Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments. OMB Circular No. A-133, Audits of States, Local Government, and Non-profit Organizations Please reference the following Web sites for additional information: *http://www.whitehouse.gov/omb/grants* . *http://exchanges.state.gov/education/grantsdiv/terms.htm#articleI* . VI.3. Reporting Requirements: You must provide ECA with a hard copy original plus one copy of the following reports:
(1)A final program and financial report no more than 90 days after the expiration of the award; and
(2)Quarterly program and financial reports. The recipient will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. (Please refer to IV. Application and Submission Instructions (IV.3.d.3) above for Program Monitoring and Evaluation information. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. All reports must be sent to the ECA Grants Officer and ECA Program Officer listed in the final Federal Assistance Award. VII. Agency Contacts For questions about this announcement, contact: Maria Snarski, Office of English Language Programs, ECA/A/L, Room 304, ECA/A/L-08-02, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, telephone: 202-453-8841, fax 202-453-8858, *SnarskiME@state.gov* . All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/A/L-08-02. Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. VIII. Other Information *Notice:* The terms and conditions published in this RFGP are binding and may not be modified by any Bureau representative. Explanatory information provided by the Bureau that contradicts published language will not be binding. Issuance of the RFGP does not constitute an award commitment on the part of the Government. The Bureau reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program and the availability of funds. Awards made will be subject to periodic reporting and evaluation requirements per section VI.3 above. Dated: March 4, 2008. C. Miller Crouch, Acting Assistant Secretary for Educational and Cultural Affairs, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E8-5040 Filed 3-12-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 6132] Bureau of Educational and Cultural Affairs
(ECA)*Request for Grant Proposals:* Teacher Exchange Program *Announcement Type:* New Cooperative Agreement *Funding Opportunity Number:* ECA/A/E-09-01 *Catalog of Federal Domestic Assistance Number:* 19.408 *Key Dates: * *Application Deadline:* May 23, 2008. *Executive Summary:* The Office of Global Educational Programs of the Bureau of Educational and Cultural Affairs (ECA), U.S. Department of State, announces an open competition for three assistance awards to administer components of the Office's Teacher Exchange Program in Fiscal Year 2009. Public and private non-profit organizations or consortia of eligible organizations meeting the provisions described in Internal Revenue Code section 501(c)(3) may submit proposals to cooperate with the Bureau in the administration of the teacher exchange programs as categorized below. To facilitate effective communication between ECA's Teacher Exchange Branch (ECA/A/S/X) and the organization(s) cooperating on these programs, applicant organizations should have offices and staffs located in Washington, DC at the time of application. In recent years, the Bureau has expanded and diversified its programming for teachers consistent with the Bureau's emphasis on younger and disadvantaged, non-elite populations and with the influence teachers can have on these populations in school classrooms in the U.S. and around the world. This Request for Grant Proposals is part of an effort to add synergies to the Bureau's engagement with primary and secondary school educators and to present a range of teacher program opportunities to potential applicant organizations, which may submit proposals to administer and implement one, two, or all three pairs of the following FY 2009 Teacher Exchange Programs as outlined below: Pair A: the Fulbright Classroom Teacher Exchanges and the Distinguished Fulbright Awards in Teaching; Pair B: the International Leaders in Education Program and the Teaching Excellence Awards Program; and/or Pair C: the Educational Seminars and the Teachers of Critical Languages Program. Details about these program components are provided under the Funding Opportunity Description section of this document and in the Project Objectives, Goals, and Implementation
(POGI)document associated with this solicitation. Proposals should reflect a vision for the program, interpreting the goals of the Fulbright-Hays Act and the Teacher Exchange Program with creativity, as well as providing innovative ideas and recommendations. The cooperating organization(s) will have responsibility for program administration, which includes the following broad categories: program planning and management; placement; orientation; enrichment activities; participant supervision and support services; fiscal management and budgeting; and program reporting and evaluation. Proposals should include schedules and timelines for notifying ECA, overseas partners, and grantees of placements, travel arrangements and cross-cultural and school information in a timely manner. Programs must comply with J-1 visa regulations. Teacher exchange participants in the U.S. and abroad should be identified through open, merit-based competitions. Although the amount that will be available to support these programs in FY 2009 has not yet been determined, for planning purposes the total amount of funding that may be available to cover administrative and program costs of these programs will be up to $13,875,000. The amounts listed for each program are provided to enable applicant organizations to prepare budgets for planning purposes, and are subject to change. More specific information for each program is provided below and in the Project Objectives, Goals, and Implementation
(POGI)document. All awards are pending availability of FY 2009 funds. I. Funding Opportunity Description Authority Overall grant making authority for this program is contained in the Mutual Educational and Cultural Exchange Act of 1961, Public Law 87-256, as amended, also known as the Fulbright-Hays Act. The purpose of the Act is “to enable the Government of the United States to increase mutual understanding between the people of the United States and the people of other countries * * *; to strengthen the ties which unite us with other nations by demonstrating the educational and cultural interests, developments, and achievements of the people of the United States and other nations...and thus to assist in the development of friendly, sympathetic and peaceful relations between the United States and the other countries of the world.” The funding authority for the program above is provided through legislation. Purpose To improve mutual understanding among teachers, school administrators, and their schools and communities in the U.S. and abroad through professional development and exchange. Teacher exchanges support the internationalization and increased quality of schools and classrooms, increase the knowledge of students and communities about global issues and cultures, and improve knowledge of foreign languages. Teacher exchanges also encourage the professional development of teachers by broadening their familiarity with and increasing their understanding of approaches to their subjects and pedagogical methods. The Presidentially appointed J. William Fulbright Foreign Scholarship Board is responsible for two of the programs described below (those in Pair A), and has issued overall policy guidelines and selection criteria which are available at the following Web site: *http://exchanges.state.gov/education/fulbright.* The Fulbright Foreign Scholarship Board is responsible for the final selection of Fulbright candidates. Organizations cooperating with the Bureau must ensure full and proper identification of the Fulbright Program with the U.S. government and the Department of State. Applicant organizations may propose to administer and implement one, two, or all three pairs of the following teacher exchange programs. Pair A 1. In Fulbright Classroom Teacher Exchanges, a teacher from the U.S. and a teacher from a participating foreign country exchange teaching positions and professional duties for a semester or a year. In FY 2009, approximately 60 exchanges are anticipated. Countries currently anticipated for participation are France, Hungary, India, Mexico, South Africa, Switzerland, Turkey, and the United Kingdom, although additional countries may be added, depending on Bureau priorities. Applicant organizations must demonstrate flexibility in working in countries which may not be identified at the present time. In this program model, U.S. teachers apply to participate in the program through the cooperating organization; international counterparts apply through a Fulbright Commission or U.S. Embassy overseas (in the case of Switzerland and the United Kingdom, the CH Youth Exchange and the British Council, respectively). Recruitment of U.S. participants for the FY 2009 program (academic year 2009-2010) is being conducted by the organization currently administering this program component with FY 2008 resources; FY 2009 proposals should include the costs of recruitment for grants to be funded with FY 2010 resources for academic year 2010-2011. In consultation with the Bureau, the U.S. cooperating organization and the nominating entity overseas will facilitate the matching of U.S. and international teacher applicants with one another for the consideration of relevant supervising school administrators. The cooperating U.S. organization will provide an orientation program for all participants and will monitor and support their programs in consultation with overseas counterparts. Amount available for program and administration estimated at up to approximately $2,950,000. 2. New for FY 2009, the Distinguished Fulbright Awards in Teaching will recognize and encourage excellence in teaching in the U.S. and selected countries abroad. Countries participating in the program in FY 2009 may include Argentina, the Czech Republic, Finland, Ghana, Greece, Japan, Mexico, Senegal, Singapore, and South Africa, although additional countries may be added, depending on Bureau priorities. Applicant organizations must demonstrate flexibility in working in countries which may not be identified at the present time. These awards will provide a rich professional growth opportunity to the Distinguished Fulbright Teachers while enhancing mutual understanding among international and U.S. teachers, administrators, their students, and host communities. U.S. teachers will apply to the U.S. cooperating organization to pursue individual projects for a semester or a summer in the participating countries, and teachers from participating countries will apply through the U.S. Embassy or Fulbright Commission to pursue projects in the U.S. The Distinguished Fulbright Teachers will conduct research, take courses for professional development, and lead master classes or seminars for teachers and students in the countries of exchange. Based on proposals submitted by U.S. teachers to conduct these activities in specific eligible countries, the U.S. Embassy, Fulbright Commission, or other organization as applicable in each participating country will facilitate a relevant academic or professional affiliation in consultation with each U.S. Distinguished Teacher. The U.S. cooperating organization will identify one U.S. university to provide the international Distinguished Teachers with broad-ranging access to faculty resources, schools, and other educational opportunities. In FY 2009, a pilot program for approximately twelve U.S. teachers and twelve international teachers is anticipated. Amount available for program and administration estimated at up to approximately $900,000. Pair B 3. The International Leaders in Education Program will bring approximately 86 international secondary school teachers to U.S. universities for a semester to develop their teaching skills, to increase their subject-matter expertise, and to pursue coursework and practical teaching experiences in American high schools. Fulbright Commissions and U.S. Embassies will be responsible for recruiting applicants and nominating candidates. The cooperating U.S. organization will be responsible for convening independent committees to select candidates for approval by ECA for participation in the program. This organization will also be responsible for identifying approximately five appropriate host universities through a national competition, for organizing a three-day orientation session and a three-day end-of-program review in Washington, DC, and for actively monitoring program implementation in the host universities and schools. In cohorts of approximately 15-20 participants at each host university, the participants will audit university-level courses relevant to their teaching field and expertise, attend professional development seminars, workshops, and conferences on education-related and pedagogical topics, and teach or team-teach for eight weeks in U.S. secondary schools in cooperation with experienced U.S. partner teachers. The universities and schools should also provide opportunities for participants to share information about their home countries with U.S. audiences, and to prepare training workshops for colleagues after returning to their home countries. A limited number of American host teachers will also be selected to travel to some of the international teachers' home schools for two- to three-week programs. Administrative and program costs are estimated at up to approximately $2,500,000. 4. Under the Teaching Excellence and Achievement program component, groups of educators from a variety of countries will participate in three six-week programs in FY 2009. Based in clusters of 20 participants at approximately five different U.S. universities, a total of approximately 180 international educators will participate in seminars, share pedagogical practices, and engage in classroom teaching, observation, and curriculum development in the fields of English, English as a Foreign Language, math, science, social studies and civics. Under this program, U.S. Embassies and Fulbright Commissions will recruit and select international participants. The U.S. cooperating organization will identify, through a national competition, U.S. universities with access to appropriate faculty and community resources to administer the three-week seminars and to arrange for participants to teach or job-shadow in U.S. secondary schools for approximately three weeks under the guidance of experienced mentor teachers or administrators. The universities and schools should also provide opportunities for participants to share information about their home countries with U.S. audiences and to prepare workshops for colleagues after returning to their countries. The U.S. cooperating organization will administer a three-day orientation session in Washington, DC and a three-day end-of-program review. The U.S. cooperating organization will also organize a competition to identify approximately 105 U.S. educators to make reciprocal visits in two groups (a summer cohort and a fall cohort) to the international teachers' home countries to gain a deeper understanding of the educational systems and cultures of these countries, and to establish or strengthen cooperation with schools in the participating countries. Amount available for program and administration estimated at up to approximately $3,750,000. Pair C 5. Educational Seminars
(a)We anticipate that approximately 100 teachers and other educators will travel to the U.S. in country-specific groups to learn about the U.S. educational system in seminars of two to three weeks, and through visits to U.S. secondary schools. Currently anticipated for participation in the seminars are Argentina, Brazil, Jordan, Mexico, Thailand and Uruguay, although additional countries may be added, depending on Bureau priorities. Applicant organizations must demonstrate flexibility in working in countries which may not be identified at the present time. These seminars will provide an introduction to the U.S. educational system and to U.S. society and culture. Fulbright Commissions, U.S. Embassies, or other educational organizations in these countries will recruit and select international educators for the seminars, while the U.S. cooperating agency will be responsible for recruiting and selecting U.S. candidates, for implementing a three-day orientation in Washington, DC, for arranging visits of participants in groups to geographically and socially diverse U.S. schools with an interest in hosting the international educators, and for overseeing an end-of-program review. Some seminars will require translation as noted in the POGI. Approximately 45 selected U.S. educators from the host schools will make reciprocal exchange visits to these countries in programs to be organized by Fulbright Commissions (except in Jordan, where there is not a reciprocal component). (b.) Approximately 20 U.S. secondary school teachers of Greek, Latin, and the classics will attend intensive summer courses lasting from six to eight weeks to be organized by the Fulbright Commissions and U.S. non-profit partner organizations in Greece and Italy. The U.S. cooperating organization will be responsible for notifying participants of their selection, helping arrange their transportation, and providing them with a maintenance allowance during the seminar. The non-profit organizations will arrange orientation meetings for the participants upon their arrival in Greece and Italy. (c.) Approximately 6 U.S. teachers will travel to India for a four-week summer program with Indian teachers and schoolchildren. The U.S. cooperating organization will be responsible for administering an open competition to select the participants, and for administering their awards. The Fulbright Commission in India will organize a program of visits to Indian schools for discussions and observation of best practices with Indian counterpart teachers. Recruitment of U.S. participants for the FY 2009 Educational Seminars is being undertaken by an incumbent organization with FY 2008 resources; under this competition, proposals should include the costs of recruitment for the 2010 seminars, for which grants to participants will be provided in FY 2010 (except Jordan which does not have a program for U.S. educators). Amount available for program and administration of the seminars estimated at up to approximately $1,550,000. 6. Approximately 38 Teachers of Critical Languages will come from China and the Middle East to teach Chinese and Arabic at U.S. elementary and secondary schools for an academic year. In FY 2009, we may also request applicants to administer pilot initiatives for two teachers from Russia and two from Japan to teach their native languages at K-12 schools for an academic year. Applicant organizations must demonstrate flexibility in working in countries which may not be identified at the present time. This activity is a component of the National Security Language Initiative announced by President George W. Bush in January 2006 to encourage the study and teaching of critical languages in the United States. The cooperating U.S. organization will recruit U.S. host schools, oversee the placement of Chinese and Arabic (and possibly Russian, Japanese, and other) teachers, provide an in-depth two-week orientation session on relevant U.S. pedagogical, educational, and social issues, and monitor and support the teachers and their engagement with the U.S. host schools throughout the program. International teachers will be recruited and selected by U.S. embassies or partner organizations in the participating countries. Amount available for program and administration estimated at up to approximately $2,225,000. Program Administration Bureau activities and responsibilities for all 6 teacher exchange program components (3 pairs) include:
(1)Participation in the design and direction of program activities;
(2)Approval of key personnel;
(3)Approval and input on program timelines, agendas and administrative procedures;
(4)Guidance in execution of all program components;
(5)Review and approval of all program publicity and recruitment materials;
(6)Approval of participating teachers and administrators, in cooperation with Fulbright commissions, U.S. embassies, and international non-governmental organizations, (Fulbright program candidates are also subject to final selection by the Fulbright Board);
(7)Approval of decisions related to special circumstances or problems throughout the duration of program;
(8)Assistance with non-immigration status and other SEVIS-related issues;
(9)Assistance with participant emergencies;
(10)Liaison with relevant U.S. embassies, Fulbright commissions and country desk officers at the State Department. Programs must conform with Bureau requirements and guidelines outlined in the Solicitation Package which includes the Request for Grant Proposals (RFGP), the Project Objectives, Goals and Implementation
(POGI)and the Proposal Submission Instructions (PSI). Cooperating Agency Responsibilities The cooperating agency or agencies is/are responsible for various aspects of outreach, recruitment, and screening of applicants; SEVIS duties and preparation of form DS-2019 under a G Program Number under the Bureau's responsibility on behalf of the Teacher Exchange Branch; orientation programs, professional in-service meetings, and debriefings; placement and, as required for the classroom teacher exchanges, matching U.S. teachers with international counterparts; monitoring, supervision, and support of participants; administering sub-award competitions as necessary; and fiscal management, evaluation, and follow-on and alumni activities for the program components described above. Please see the POGI for details pertaining to these activities for each program component. The Bureau's program office and the cooperating agency or agencies will meet regularly regarding program implementation. The Bureau's program office and the cooperating agency or agencies will also maintain regular telephone, e-mail, and fax communications with each other. Additional Guidelines Applicant organizations should submit separate proposals with budgets and narratives outlining a comprehensive strategy for the administration and implementation of each pair of program components for which they are applying: (Pair A: Fulbright Classroom Teacher Exchanges/Distinguished Fulbright Awards in Teaching; Pair B: International Leaders in Education/Teaching Excellence and Achievement; Pair C: Educational Seminars/Teachers of Critical Languages). Organizations may apply for more than one pair of components, but may not apply to administer program components except in the combinations prescribed. Proposals should reflect a vision for the programs, interpreting the goals of the Fulbright-Hays Act and the Teacher Exchange Program with creativity, as well as providing innovative ideas and recommendations. The Bureau places a priority on ensuring that the positive impact of the Teacher Exchange Program is visible to the public in U.S. and host school communities. Applicant organizations should outline a plan to work with the media and other organizations, in close consultation with the Bureau, to ensure that the program and its awards and achievements receive appropriate publicity. The narrative portion of the proposal for each *pair* of program components should not exceed 20 pages. Proposals may utilize appendices to illustrate elements of the narrative. Applicants must also provide a separate administrative and program budget for each program pair. Where possible, proposals should reflect economies of scale and should demonstrate administrative efficiencies. Please refer to the Solicitation Package for further information. II. Award Information *Type of Award:* Cooperative Agreement(s). ECA's level of involvement in this program is listed under number I above. *Fiscal Year Funds:* 2009. *Approximate Total Funding:* $13,875,000 pending availability of funds. *Approximate Number of Awards:* 3 awards. *Anticipated Award Date:* Pending availability of funds, October 1, 2008. *Anticipated Project Completion Date:* September 30, 2011. *Additional Information:* Pending successful implementation of this program and the availability of funds in subsequent fiscal years, it is ECA's intent to renew the grants for a period of two additional fiscal years, before openly competing the programs again. III. Eligibility Information *III.1. Eligible applicants:* Applications may be submitted by public and private non-profit organizations or consortia of institutions meeting the provisions described in Internal Revenue Code section 26 U.S.C. 501(c)(3). Consortia of eligible organizations applying for grants should designate one organization to be the recipient of the cooperative agreement award. Proposals from consortia should provide a detailed description of the responsibilities of each partner organization. Organizations with primary responsibility for any of the six program components must have a staff based in Washington, DC at the time of application. *III.2. Cost Sharing or Matching Funds:* The Bureau anticipates that proposals will include significant amounts of cost-sharing in support of the Teacher Exchange Program, and encourages applicants to provide maximum levels of funding in support of this initiative. When cost sharing is offered, it is understood and agreed that the applicant must provide the amount of cost sharing as stipulated in its proposal and later included in an approved grant agreement. Cost sharing may be in the form of allowable direct or indirect costs. For accountability, you must maintain written records to support all costs which are claimed as your contribution, as well as costs to be paid by the Federal government. Such records are subject to audit. The basis for determining the value of cash and in-kind contributions must be in accordance with OMB Circular A-110, (Revised), Subpart C.23—Cost Sharing and Matching. In the event you do not provide the minimum amount of cost sharing as stipulated in the approved budget, ECA's contribution will be reduced in like proportion. *III.3. Other Eligibility Requirements:* Bureau grant guidelines require that organizations with less than four years experience in conducting international exchanges be limited to $60,000 in Bureau funding. ECA anticipates awarding one or more cooperative agreement awards in
(an)amount(s) over $60,000 to support program and administrative costs required to implement this exchange program. Therefore, organizations with less than four years experience in conducting international exchanges are ineligible to apply under this competition. IV. Application and Submission Information Note: Please read the complete announcement before sending inquiries or submitting proposals. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. *IV.1. Contact Information to Request an Application Package:* Please contact Ms. Pat Mosley in the Teacher Exchange Branch, ECA/A/S/X, Room 349, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, e-mail: *mosleypm@state.gov* , telephone:
(202)453-8897 and fax number:
(202)453-8890, to request a Solicitation Package. Please refer to the Funding Opportunity Number ECA/A/S/X-09-01 when making your request. Alternatively, an electronic application package may be obtained from *http://www.grants.gov* . Please see section IV.3f. for further information. The Solicitation Package contains the Proposal Submission Instruction
(PSI)document which consists of required application forms, and standard guidelines for proposal preparation. It also contains the Project Objectives, Goals and Implementation
(POGI)document, which provides specific information, award criteria and budget instructions tailored to this competition. *IV.2. To Download a Solicitation Package Via the Internet:* The entire Solicitation Package may be downloaded from the Bureau's Web site at *http://exchanges.state.gov/education/rfgps/menu.htm* , or from the Grants.gov Web site at *http://www.grants.gov* . Please read all information before downloading. *IV.3. Content and Form of Submission:* Applicants must follow all instructions in the Solicitation Package. The application should be submitted per the instructions under IV.3f. “Application Deadline and Methods of Submission” section below. IV.3a. You are required to have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number to apply for a grant or cooperative agreement from the U.S. Government. This number is a nine-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access *http://www.dunandbradstreet.com* or call (1-866) 705-5711. Please ensure that your DUNS number is included in the appropriate box of the SF—424 which is part of the formal application package. IV.3b. All proposals must contain an executive summary, a proposal narrative, and a budget for each program within the program pair(s) for which the applicant applies. The proposal narrative for each program pair should not exceed twenty
(20)pages in length. Please Refer to the Solicitation Package. The mandatory Proposal Submission Instructions
(PSI)document and the Project Objectives, Goals and Implementation
(POGI)document contain additional formatting and technical requirements. IV.3c. You must have nonprofit status with the IRS at the time of application. If your organization is a private nonprofit which has not received a grant or cooperative agreement from ECA in the past three years, or if your organization received nonprofit status from the IRS within the past four years, you must submit the necessary documentation to verify nonprofit status as directed in the PSI document. Failure to do so will cause your proposal to be declared technically ineligible. IV.3d. Please take into consideration the following information when preparing your proposal narrative: IV.3d.1. Adherence to All Regulations Governing the J Visa: The Bureau of Educational and Cultural Affairs places critically important emphases on the secure and proper administration of Exchange Visitor (J visa) Programs and adherence by grantees and sponsors to all regulations governing the J visa. Therefore, proposals should demonstrate the applicant's capacity to meet all requirements governing the administration of the Exchange Visitor Programs as set forth in 22 CFR 62, including the oversight of Responsible Officers and Alternate Responsible Officers, screening and selection of program participants, provision of pre-arrival information and orientation to participants, monitoring of participants, proper maintenance and security of forms, record-keeping, reporting and other requirements. The Grantee will be responsible for issuing DS-2019 forms to participants in this program. A copy of the complete regulations governing the administration of Exchange Visitor
(J)programs is available at *http://exchanges.state.gov* or from: United States Department of State, Office of Exchange Coordination and Designation, ECA/EC/ECD—SA-44, Room 734, 301 4th Street, SW., Washington, DC 20547, Telephone:
(202)203-5029, *Fax:*
(202)453-8640. Please refer to Solicitation Package for further information. IV.3d.2. Diversity, Freedom and Democracy Guidelines: Pursuant to the Bureau's authorizing legislation, programs must maintain a non-political character and should be balanced and representative of the diversity of American political, social, and cultural life. “Diversity” should be interpreted in the broadest sense and encompass differences including, but not limited to ethnicity, race, gender, religion, geographic location, socio-economic status, and disabilities. Applicants are strongly encouraged to adhere to the advancement of this principle both in program administration and in program content. Please refer to the review criteria under the 'Support for Diversity' section for specific suggestions on incorporating diversity into your proposal. Public Law 104-319 provides that “in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy,” the Bureau “shall take appropriate steps to provide opportunities for participation in such programs to human rights and democracy leaders of such countries.” Public Law 106-113 requires that the governments of the countries described above do not have inappropriate influence in the selection process. Proposals should reflect advancement of these goals in their program contents, to the full extent deemed feasible. IV.3d.3. Program Monitoring and Evaluation: Proposals must include a plan to monitor and evaluate the project's success, both as the activities unfold and at the end of the program. The Bureau recommends that your proposal include a draft survey questionnaire or other instrument plus a description of a methodology to use to link outcomes to original project objectives. The Bureau expects that the grantee will be able to respond to key evaluation questions, including participant satisfaction with the program, learning as a result of the program, and anticipated changes in behavior as a result of the program. The evaluation plan should include indicators that measure gains in mutual understanding as well as substantive knowledge. Successful monitoring and evaluation depend heavily on setting clear goals and outcomes at the outset of a program. Your evaluation plan should include a description of your project's objectives, your anticipated project outcomes, and how and when you intend to measure these outcomes (performance indicators). The more that outcomes are “smart” (specific, measurable, attainable, results-oriented, and placed in a reasonable time frame), the easier it will be to conduct the evaluation. You should also show how your project objectives link to the goals of the program described in this RFGP. We encourage you to assess the following three levels of outcomes, as they relate to the program goals set out in the RFGP (listed here in increasing order of importance): 1. Participant satisfaction with the program and exchange experience. 2. Participant learning, such as increased knowledge, aptitude, skills, and changed understanding and attitude. Learning includes both substantive (subject-specific) learning and mutual understanding. 3. Anticipated Participant behavior, anticipated actions to apply knowledge in work or community; greater participation and responsibility in civic organizations; interpretation and explanation of experiences and new knowledge gained; continued contacts between participants, community members, and others. Grantees will be required to provide reports analyzing their evaluation findings to the Bureau in their regular program reports. Grantees will be required to submit “success stories” for Bureau reporting purposes as well as outreach. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. IV.3d.4. Describe your plans for: overall program management, staffing, coordination with ECA and with U.S. and international educational institutions, Fulbright commissions and PAS of U.S. embassies. Provide a staffing plan which outlines the responsibilities of each staff person and explains which staff members will be accountable for each program responsibility. Whenever possible, streamline administrative processes. IV.3e. Please take the following information into consideration when preparing your budget: IV.3e.1. Applicants must submit a comprehensive line item administrative budget for each program within the program pairs which they are applying to administer. It is anticipated that funding for the cooperative agreement awards for program administration of the three pairs of teacher exchange programs described here will be approximately $13,875,000. IV.3e.2. Allowable costs and additional budget guidance are outlined in detail in the POGI document. Please refer to the Solicitation Package for complete budget guidelines and formatting instructions. IV.3f. Application Deadline and Methods of Submission: *Application Deadline Date:* May 23, 2008. *Reference Number:* ECA/A/S/X-09-01. *Methods of Submission:* Applications may be submitted in one of two ways: 1. In hard-copy, via a nationally recognized overnight delivery service (i.e., DHL, Federal Express, UPS, Airborne Express, or U.S. Postal Service Express Overnight Mail, etc.), or 2. Electronically through *http://www.grants.gov.* Along with the Project Title, all applicants must enter the above Reference Number in Box 11 on the SF-424 contained in the mandatory Proposal Submission Instructions
(PSI)of the solicitation document. IV.3f.1. Submitting Printed Applications: Applications must be shipped no later than the above deadline. Delivery services used by applicants must have in-place, centralized shipping identification and tracking systems that may be accessed via the Internet and delivery people who are identifiable by commonly recognized uniforms and delivery vehicles. Proposals shipped on or before the above deadline but received at ECA more than seven days after the deadline will be ineligible for further consideration under this competition. Proposals shipped after the established deadlines are ineligible for consideration under this competition. ECA will *not* notify you upon receipt of application. It is each applicant's responsibility to ensure that each package is marked with a legible tracking number and to monitor/confirm delivery to ECA via the Internet. Delivery of proposal packages *may not* be made via local courier service or in person for this competition. Faxed documents will not be accepted at any time. Only proposals submitted as stated above will be considered. Important note: When preparing your submission please make sure to include one extra copy of the completed SF-424 form and place it in an envelope addressed to “ECA/EX/PM”. The original and 10 copies of the application should be sent to: U.S. Department of State, SA-44, Bureau of Educational and Cultural Affairs, Ref.: ECA/A/S/X-09-01, Program Management, ECA/EX/PM, Room 534, 301 4th Street, SW., Washington, DC 20547. IV.3f.2. Submitting Electronic Applications: Applicants have the option of submitting proposals electronically through Grants.gov ( *http://www.grants.gov* ). Complete solicitation packages are available at Grants.gov in the “Find” portion of the system. Please follow the instructions available in the ‘Get Started' portion of the site ( *http://www.grants.gov/GetStarted* ). Several of the steps in the Grants.gov registration process could take several weeks. Therefore, applicants should check with appropriate staff within their organizations immediately after reviewing this RFGP to confirm or determine their registration status with Grants.gov. Once registered, the amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you not wait until the application deadline to begin the submission process through Grants.gov. Direct all questions regarding Grants.gov registration and submission to: Grants.gov Customer Support. *Contact Center Phone:*
(800)518-4726. *Business Hours:* Monday-Friday, 7 a.m.-9 p.m. Eastern Time. *E-mail: support@grants.gov.* Applicants have until midnight (12 a.m.), Washington, DC time of the closing date to ensure that their entire application has been uploaded to the Grants.gov site. There are no exceptions to the above deadline. Applications uploaded to the site after midnight of the application deadline date will be automatically rejected by the grants.gov system, and will be technically ineligible. Applicants will receive a confirmation e-mail from grants.gov upon the successful submission of an application. ECA will *not* notify you upon receipt of electronic applications. It is the responsibility of all applicants submitting proposals via the Grants.gov web portal to ensure that proposals have been received by Grants.gov in their entirety, and ECA bears no responsibility for data errors resulting from transmission or conversion processes. IV.3g. Intergovernmental Review of Applications: Executive Order 12372 does not apply to this program. V. Application Review Information V.1. Review Process The Bureau will review all proposals for technical eligibility. Proposals will be deemed ineligible if they do not fully adhere to the guidelines stated herein and in the Solicitation Package. All eligible proposals will be reviewed by the program office, as well as Public Affairs Sections overseas, where appropriate. Eligible proposals will be subject to compliance with Federal and Bureau regulations and guidelines and forwarded to Bureau grant panels for advisory review. Proposals may also be reviewed by the Office of the Legal Adviser or by other Department elements. Final funding decisions are at the discretion of the Department of State's Assistant Secretary for Educational and Cultural Affairs. Final technical authority for cooperative agreements resides with the Bureau's Grants Officer. V.2. Review Criteria Technically eligible applications will be competitively reviewed according to the criteria stated below. These criteria are not rank ordered and all carry equal weight in the proposal evaluation: 1. *Quality of the program idea:* Proposals should exhibit originality, substance, precision, and relevance to the Bureau's mission. Proposals should demonstrate a commitment to excellence and creativity in the implementation and management of this program in its various formats, including the recruitment, matching, and placement of U.S. and international teachers and administrators, quality of professional and pre-academic workshops, and effectiveness of program design. 2. *Program planning:* Proposals should respond precisely to the planning requirements outlined in the RFGP and POGI. Planning should demonstrate substantive rigor. Detailed agendas and relevant work plans, including timelines, should demonstrate feasibility and the applicant's logistical capacity to implement the programs. 3. *Ability to achieve program objectives:* Proposals should demonstrate clearly how the applicant will fulfill the programs' objectives and implement plans, while demonstrating innovation and a commitment to academic excellence and programmatic impact. Proposals should demonstrate a capacity for flexibility in the management of the programs. 4. *Institutional Capacity:* Proposed personnel and institutional resources should be adequate and appropriate to achieve program goals. Applicants should demonstrate established links to secondary schools and institutions of higher education in the U.S. and knowledge of the overseas educational environment, particularly an awareness of conditions in societies and educational institutions outside the United States as they apply to academic exchange programs. Applicants should demonstrate prior experience or the capacity to negotiate significant cost savings for international teachers from American institutions. Applicants should also demonstrate their capacity to provide an information management/database system that meets program requirements, is compatible with the Bureau's systems, and provides for electronic applications, electronic data storage, and electronic payment of maintenance allowances. In its review of proposals, the Bureau will consider the past performance of prior recipients and the demonstrated potential of new applicants. 5. *Support of Diversity:* Proposals should demonstrate substantive support of the Bureau's policy on diversity. Achievable and relevant features should be cited in both program administration (recruitment and selection of participants, placements, and program evaluation) and program content (orientation programs, professional meetings, debriefings). Proposals should articulate a diversity plan, not just a statement of compliance. 6. *Project Evaluation:* Proposals should include a plan to evaluate the programs' success, both as the activities unfold and at the end of the programs. The Bureau recommends that proposals include a draft survey questionnaire or other instrument plus description of a methodology to use to link outcomes to original objectives. 7. *Cost-effectiveness/Cost-sharing:* The overhead and administrative components of the proposal, including salaries, should be kept as low as possible while adequate and appropriate to provide the required services. Proposals should document plans to realize innovative cost-sharing, cost-savings and other efficiencies through use of technology, administrative streamlining, and other management techniques. VI. Award Administration Information VI.1a. Award Notices Final awards cannot be made until funds have been appropriated by Congress, allocated and committed through internal Bureau procedures. Successful applicants will receive an Assistance Award Document
(AAD)from the Bureau's Grants Office. The AAD and the original grant proposal with subsequent modifications (if applicable) shall be the only binding authorizing document between the recipient and the U.S. Government. The AAD will be signed by an authorized Grants Officer, and mailed to the recipient's responsible officer identified in the application. Unsuccessful applicants will receive notification of the results of the application review from the ECA program office coordinating this competition. VI.2. Administrative and National Policy Requirements Terms and Conditions for the Administration of ECA agreements include the following: Office of Management and Budget Circular A-122, “Cost Principles for Nonprofit Organizations.” Office of Management and Budget Circular A-21, “Cost Principles for Educational Institutions.” OMB Circular A-87, “Cost Principles for State, Local and Indian Governments.” OMB Circular No. A-110 (Revised), Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations. OMB Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments. OMB Circular No. A-133, Audits of States, Local Government, and Non-profit Organizations. Please reference the following Web sites for additional information: *http://www.whitehouse.gov/omb/grants* ; *http://exchanges.state.gov/education/grantsdiv/terms.htm#articleI* . VI.3. Reporting Requirements: You must provide ECA with a hard copy original plus two copies of the following reports: A final program and financial report no more than 90 days after the expiration of the award; quarterly financial reports, and ad hoc program and financial reports as requested by the Teacher Exchange Branch. All data collected, including survey responses and contact information, must be maintained for a minimum of three years and provided to the Bureau upon request. All reports must be sent to the ECA Grants Officer and ECA Program Officer listed in the final assistance award document. VII. Agency Contacts For questions about this announcement, contact: Mr. Michael Kuban, Fulbright Teacher Exchange Branch, ECA/A/S/X, Room 349, ECA/A/S/X-09-01, U.S. Department of State, SA-44, 301 4th Street, SW., Washington, DC 20547, e-mail: *Kubanmm@state.gov* , phone:
(202)453-8897, and fax:
(202)453-8890. All correspondence with the Bureau concerning this RFGP should reference the above title and number ECA/A/S/X-09-01. Please read the complete announcement before sending inquiries or submitting proposals. All inquiries about the RFGP or any aspect of the Teacher Exchange Program should be submitted in writing via e-mail to Mr. Kuban. Any questions or requests for information from overseas Fulbright commissions or Public Affairs Sections of U.S. embassies should be submitted in writing via e-mail to Ms. Mosley for transmission to those overseas offices. Once the RFGP deadline has passed, Bureau staff may not discuss this competition with applicants until the proposal review process has been completed. VIII. Other Information Notice The terms and conditions published in this RFGP are binding and may not be modified by any Bureau representative. Explanatory information provided by the Bureau that contradicts published language will not be binding. Issuance of the RFGP does not constitute an award commitment on the part of the Government. The Bureau reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the program and the availability of funds. Awards made will be subject to periodic reporting and evaluation requirements per section VI.3 above. Dated: March 4, 2008. C. Miller Crouch, Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E8-5041 Filed 3-12-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: San Joaquin County, CA AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Revised Notice of Intent. SUMMARY: The FHWA is issuing this notice to advise the public that the Notice of Intent, to prepare an Environmental Impact Statement
(EIS)for the proposed South Stockton Six-Lane Project, on State Route 99, in San Joaquin County, California will be withdrawn; and an Environmental Assessment
(EA)in lieu of an EIS is being prepared for this proposed highway project. FOR FURTHER INFORMATION CONTACT: Dominic Hoang, Highway Engineer, FHWA, California Division, 650 Capitol Mall, Suite 4-100, Sacramento, CA 95814-4708; weekdays 7 a.m.-4 p.m. (Pacific time); telephone:
(916)498-5002; e-mail: *dominic.hoang@fhwa.dot.gov.* Gail Miller, Senior Environmental Planner, Caltrans, 2015 E. Shields Avenue, #100, Fresno, CA 93726; weekdays 8 a.m.-5 p.m. (Pacific time); telephone:
(916)243-8274; e-mail: *gail_miller@dot.ca.gov* . SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with Caltrans, conducted studies of the potential environmental impacts associated with the proposed highway project to widen a three-mile stretch of State Route 99 from four lanes to six lanes, from 0.4 mile north of the Arch Road Interchange to 0.1 mile south of State Route 4 West in Stockton, San Joaquin County, California. During the course of conducting these studies, it was identified that many of the potential costly environmental impacts that led to issuing the Notice of Intent could be avoided by adding the additional lanes to the existing median, instead of to the outside of the existing freeway where residents and businesses are built up close to the roadway. Additional design changes were identified to avoid or minimize potential impacts by further reducing the amount of right-of-way needed to construct the project. Therefore, the FHWA has determined that an EA would be the appropriate environmental document for the project, and that the Notice of Intent previously issued on January 29, 2002 on the **Federal Register** , should be withdrawn. The EA will be available for public inspection prior to a public hearing, anticipated to be held in the Spring of 2008. Comments or questions concerning this proposed action and the determination that an EA is the proper environmental document should be directed to the FHWA or Caltrans at the addresses provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on federal programs and activities apply to this program.) Issued on: March 6, 2008. Nancy Bobb, Director, State Programs, Federal Highway Administration, Sacramento, California. [FR Doc. E8-5010 Filed 3-12-08; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on a Proposed U.S. Highway Project in California AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA and other Federal agencies. SUMMARY: This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). These actions relate to the proposed highway project which would widen Highway 101 for approximately 12.3 km (7.6 mi) from its current four lanes to six lanes by adding one HOV lane in each direction from just north of Steele Lane in Santa Rosa to Windsor River Road-Old Redwood Highway in the Town Windsor in Sonoma County in the State of California. The project also would provide auxiliary lanes, interchange modifications and ramp improvements. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the project will be barred unless the claim is filed on or before September 9, 2008. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such a claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Melanie Brent, Chief, Office of Environmental Analysis, 510-286-5231, *melanie.brent@dot.ca.gov.* SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway Administration
(FHWA)assigned, and the California Department of Transportation (Caltrans) assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Caltrans prepared an Environmental Assessment on a proposal for a highway high occupancy vehicle
(HOV)lanes and improvements project in Sonoma County, California. The Sonoma 101 HOV Lanes Widening (North) Improvements Project would alleviate traffic congestion and delays and improve safety and operations in Sonoma County, California. This would be accomplished by providing an HOV lane in both the north and south directions. *The anticipated permits include:* Section 7 Incidental Take Statement for the California tiger salamander (from the U.S. Fish and Wildlife Service) under the Federal Endangered Species Act) 401 Water Quality Certification (from the Regional Water Quality Control Board) under Section 401 of the Clean Water Act) and a 404 Individual Permit (from the U.S. Army Corps of Engineers) under Section 404 of the Clean Water Act). A public meeting was held at the Town of Windsor Council of Chambers on January 9, 2007. The Environmental Assessment, Finding of No Significant Impact, which was approved on October 24, 2007 and other documents are available for public and agency review at the Caltrans address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: *General:* National Environmental Policy Act
(NEPA)[42 U.S.C. 4321-4351]; Federal Aid-Highway Act [23 U.S.C. 109]. *Land:* Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 219]. *Air:* Clean Air Act 42 U.S.C. 7401-7671(q). *Wildlife:* Endangered Species Act [16 U.S.C. 1531-1544 and section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712]. Section 4(f) of the U.S. Department of Transportation Act of 1966 [49 U.S.C. 303]. *Historic and Cultural Resources:* Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa)-11]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013]. *Social and Economic:* Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act
(FPPA)[7 U.S.C. 4201-4209]; The Uniform Relocation Assistance Act and Real Property Acquisition Policies Act of 1970, as amended. *Hazardous Materials:* Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k). *Executive Orders:* E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. [Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.] Authority: 23 U.S.C. 139(l)(1). Issued on: March 6, 2008. Nancy E. Bobb, Director, State Programs. [FR Doc. E8-5012 Filed 3-12-08; 8:45 am] BILLING CODE 4910-RY-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on a Proposed U.S. Highway Project in California AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA and other Federal agencies. SUMMARY: This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). These actions relate to the proposed highway project to its current four lanes to six lanes by adding one HOV lane in each direction from the Old Redwood Highway Interchange, KP 12.1 (postmile 7.5), to the Rohnert Park Expressway Interchange at KP 22.4 (postmile 13.9) on the Sonoma 101 Highway in Sonoma County in the State of California. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139 (l)(1). A claim seeking judicial review of the Federal agency actions on the project will be barred unless the claim is filed on or before September 9, 2008. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such a claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Melanie Brent, Chief, Office of Environmental Analysis, 510-286-5231, *melanie.brent@dot.ca.gov.* SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway Administration
(FHWA)assigned, and the California Department of Transportation (Caltrans) assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Caltrans prepared an Environmental Assessment on a proposal for a highway high occupancy vehicle
(HOV)lanes and improvements project in Sonoma County, California. The Sonoma 101 HOV Lanes Widening (Central) Improvements Project would alleviate traffic congestion and delays and improve safety and operations in Sonoma County, California. This would be accomplished by providing an HOV lane in both the north and south directions. The anticipated permits include: Section 7 Incidental Take Statement for the California tiger salamander (from the U.S. Fish and Wildlife Service) under the Federal Endangered Species Act) 401 Water Quality Certification (from the Regional Water Quality Control Board) under Section 401 of the Clean Water Act) and a 404 Individual Permit (from the U.S. Army Corps of Engineers) under Section 404 of the Clean Water Act). A public meeting was held at Cotati City Hall on August 8, 2006. The Environmental Assessment, Finding of No Significant Impact, which was approved on August 30, 2007 and other documents are available for public and agency review at the Caltrans address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: *General:* National Environmental Policy Act
(NEPA)[42 U.S.C. 4321-4351]; Federal Aid-Highway Act [23 U.S.C. 109]. *Land:* Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 219]. *Air:* Clean Air Act 42 U.S.C. 7401-7671(q). *Wildlife:* Endangered Species Act [16 U.S.C. 1531-1544 and section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712]. Section 4(f) of the U.S. Department of Transportation Act of 1966 [49 U.S.C. 303]. *Historic and Cultural Resources:* Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa)-11]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013]. *Social and Economic:* Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act
(FPPA)[7 U.S.C. 4201-4209]; The Uniform Relocation Assistance Act and Real Property Acquisition Policies Act of 1970, as amended. *Hazardous Materials:* Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k). *Executive Orders:* E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. [Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.] Authority: 23 U.S.C. 139(l)(1). Issued on: March 6, 2008 Nancy E. Bobb, Director, State Programs. [FR Doc. E8-5020 Filed 3-12-08; 8:45 am] BILLING CODE 4910-RY-P DEPARTMENT OF THE TREASURY Office of the Secretary List of Countries Requiring Cooperation With an International Boycott In order to comply with the mandate of section 999(a)(3) of the Internal Revenue Code of 1986, the Department of the Treasury is publishing a current list of countries which require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best information currently available to the Department of the Treasury, the following countries require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986): Kuwait Lebanon Libya Qatar Saudi Arabia Syria United Arab Emirates Yemen, Republic of Iraq is not included in this list, but its status with respect to future lists remains under review by the Department of the Treasury. Date: March 5, 2008. John L. Harrington, International Tax Counsel (Tax Policy). [FR Doc. E8-4900 Filed 3-12-08; 8:45 am] BILLING CODE 4810-25-UM DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on Cemeteries and Memorials; Notice of Meeting The Department of Veterans Affairs
(VA)gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the Advisory Committee on Cemeteries and Memorials will be held April 29-30, 2008, at the Hilton Palm Beach Airport, 150 Australian Avenue, West Palm Beach, Florida. The meeting is open to the public. The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of national cemeteries, soldiers' lots and plots, the selection of new national cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. On April 29, the meeting will begin at 8 a.m. and conclude at 4 p.m. The Committee will receive briefings and updates on National Cemetery Administration issues. On April 30, the Committee will tour the South Florida VA National Cemetery and then reconvene at the hotel for a business session (beginning at 1 p.m.) which will include discussions of Committee recommendations, future meeting sites, and potential agenda topics at future meetings. That session will be adjourned at 4 p.m. Time will not be allocated for receiving oral presentations from the public. Any member of the public wishing to attend the meeting should contact Mr. Michael Nacincik, Designated Federal Officer at
(202)461-6240. The Committee will accept written comments. Comments may be transmitted electronically to the Committee at *Michael.n@va.gov* or mailed to the National Cemetery Administration (41C2), 810 Vermont Avenue, NW., Washington, DC 20420. In the public's communications with the Committee, the writers must identify themselves and state the organizations, associations, or persons they represent. Dated: March 5, 2008. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. E8-4764 Filed 3-12-08; 8:45 am] BILLING CODE 8320-01-M DEPARTMENT OF VETERANS AFFAIRS Geriatrics and Gerontology Advisory Committee; Notice of Meeting The Department of Veterans Affairs
(VA)gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the Geriatrics and Gerontology Advisory Committee will be held on April 9-10, 2008, in Room 430, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC. On April 9, the session will begin at 8:30 a.m. and end at 5 p.m. On April 10, the session will begin at 8 a.m. and end at noon. This meeting is open to the public. The purpose of the Committee is to provide advice to the Secretary of Veterans Affairs and the Under Secretary for Health on all matters pertaining to geriatrics and gerontology by assessing the capability of VA health care facilities and programs to meet the medical, psychological, and social needs of older veterans and by evaluating VA programs designated as Geriatric Research, Education, and Clinical Centers. The meeting will feature presentations and discussion on VA's aging research activities, update on VA's geriatric workforce (to include training, recruitment and retention approaches, Veterans Health Administration
(VHA)Primary Care and Geriatric Primary Care) recent VHA efforts regarding dementia and delirium, and performance oversight of the VA Geriatric Research, Education, and Clinical Centers. No time will be allocated at this meeting for receiving oral presentations from the public. Interested parties should provide written comments for review by the Committee not less than ten days in advance of the meeting to Mrs. Marcia Holt-Delaney, Office of Geriatrics and Extended Care (114), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Individuals who wish to attend the meeting should contact Mrs. Holt-Delaney, Program Analyst, at
(202)461-6769. Dated: March 6, 2008. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. E8-4875 Filed 3-12-08; 8:45 am] BILLING CODE 8320-01-M DEPARTMENT OF VETERANS AFFAIRS Veterans Rural Health Advisory Committee; Notice of Establishment As required by Section 9(a)(2) of the Federal Advisory Committee Act, the Department of Veterans Affairs hereby gives notice of the establishment of the Veterans Rural Health Advisory Committee. The Secretary of Veterans Affairs had determined that establishing the Committee is both necessary and in the public interest. The Veterans Rural Health Advisory Committee will advise the Secretary of Veterans Affairs on healthcare issues affecting veterans residing in rural areas. The Committee will evaluate current VA rural health program activities and identify existing barriers to rural health services. It will also recommend strategies to improve those services for veterans. Committee members will be selected by the Secretary. The Committee's membership is expected to include academic experts in rural health care delivery, state and federal government professionals who focus on rural health issues, veterans affairs officials at the state level, and veterans service organization members. Dated: March 5, 2008. By Direction of the Secretary. E. Phillip Riggin, Committee Management Officer. [FR Doc. E8-4876 Filed 3-12-08; 8:45 am] BILLING CODE 8320-01-M 73 50 Thursday, March 13, 2008 Presidential Documents Title 3— The President Proclamation 8225 of March 10, 2008 Women's History Month, 2008 By the President of the United States of America A Proclamation During Women's History Month, we celebrate the courage, foresight, and resolve of women who have strengthened our democracy. America has been transformed by strong women whose contributions shaped the history of our country. Amelia Earhart became the first woman to fly solo across the Atlantic, and she inspired generations of women to follow their dreams. Physicist Chien-Shiung Wu helped advance our knowledge and understanding of the world through her achievements in atomic research. Harriet Tubman fought racial injustice and opened doors for more Americans to participate fully in our society. Today, women are continuing this legacy of leadership as entrepreneurs, doctors, teachers, scientists, lawyers, artists, and public officials. They are also providing guidance and care to their loved ones and strengthening America's families and communities. We also remember the women of the United States Armed Forces who are serving our country with honor and distinction across the world. This month, we honor the extraordinary women of our Nation's past and recognize the countless women who are demonstrating leadership in every aspect of American life. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim March 2008 as Women's History Month. I call upon all our citizens to observe this month with appropriate programs, ceremonies, and activities that honor the history, accomplishments, and contributions of American women. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of March, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second. GWBOLD.EPS [FR Doc. 08-1030 Filed 3-12-08; 8:45 am]
Connectionstraces to 16
Traces to 16 documents
U.S. Code
17 references not yet in our index
  • 17 CFR 240.19
  • Pub. L. 87-256
  • 22 CFR 62
  • Pub. L. 104-319
  • Pub. L. 106-113
  • 42 USC 4321-4351
  • 42 USC 7401-7671(q)
  • 16 USC 1531-1544
  • 16 USC 661-667(d)
  • 16 USC 703-712
  • 16 USC 469-469(c)
  • 25 USC 3001-3013
  • 42 USC 2000(d)
  • 7 USC 4201-4209
  • 42 USC 9601-9675
  • 42 USC 6901-6992(k)
  • Pub. L. 92-463
Citation graph
cites case law
Notices
Notice of Extension and Modification of the Youth Transition Demonstration
U.S.C.§ 78s
U.S.C.§ 78f
U.S.C.§ 552
C.F.R.§ 200.30-3
U.S.C.§ 78c
U.S.C.§ 78k–1
C.F.R.§ 416.250
U.S.C.§ 501
Fed. Reg.Notices
Cite17 CFR 240.19
Pub. L.Pub. L. 87-256
Cite22 CFR 62
Cites 33 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.