Notices. Meeting announcement

68,847 words·~313 min read·/register/2008/05/14/08-1265

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

BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency Information Collection Request; 30-Day Public Comment Request, Grants.gov AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, e-mail your request, including your address, phone number, OMB number, and OS document identifier, to *Sherette.funncoleman@hhs.gov,* or call the Reports Clearance Office on

(202)690-6162. Written comments and recommendations for the proposed information collections must be received within 30 days of this notice directly to the OS OMB Desk Officer all comments must be faxed to OMB at 202-395-6974. *Proposed Project:* SF-424D (Assurances—Construction Programs) Form—Extension—OMB No. 4040-0009—Grants.Gov. *Abstract:* The SF-424D (Assurances—Construction Programs) form is utilized by up to 26 Federal grant making agencies. The SF-424D is used to provide information on required assurances when applying for construction projects under Federal grants. The Federal awarding agencies use information reported on the form for the evaluation of award and general management of Federal assistance program awards. The only information collected on the form is the applicant signature, title and date submitted. A 2-year clearance is requested. Frequency of data collection varies by Federal agency. Estimated Annualized Burden Table Agency Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours USDA 916 1 15/60 229 DOI 318 1.227 30/60 195 VA 141 1 15/60 35 DOC 505 1 15/60 126 Total 1,880 586 Terry Nicolosi, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E8-10793 Filed 5-13-08; 8:45 am] BILLING CODE 4151-AE-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency Information Collection Request; 30-Day Public Comment Request, Grants.gov AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(202)690-6162. Written comments and recommendations for the proposed information collections must be received within 30 days of this notice directly to the OS OMB Desk Officer all comments must be faxed to OMB at 202-395-6974. *Proposed Project:* SF-424B (Assurances—Non-Construction Programs) Form—Extension-OMB No. 4040-0007—Grants.Gov. *Abstract:* The SF-424B (Assurances—Non-Construction Programs) form is utilized by up to 26 Federal grant making agencies. The SF-424B is used to provide information on required assurances when applying for non-construction Federal grants. The Federal awarding agencies use information reported on the form for the evaluation of award and general management of Federal assistance program awards. The only information collected on the form is the applicant signature, title, and date submitted. A 2-year clearance is requested. Frequency of data collection varies by Federal agency. Estimated Annualized Burden Table Agency Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours USDA 6,172 1 15/60 1,543 NARA 145 1 15/60 36 CNCS 10 1 30/60 5 Treas 191 1 15/60 48 DOI 1,053 2.764 11/60 529 VA 184 1 15/60 46 DOC 1,880 1 15/60 1,220 EPA 3,816 1 4 15,264 Total 16,451 18,691 Terry Nicolosi, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E8-10795 Filed 5-13-08; 8:45 am] BILLING CODE 4151-AE-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency Information Collection Request; 30-Day Public Comment Request, Grants.gov AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(202)690-6162. Written comments and recommendations for the proposed information collections must be received within 30 days of this notice directly to the OS OMB Desk Officer all comments must be faxed to OMB at 202-395-6974. *Proposed Project:* SF-424 Mandatory—Revision-OMB No. 4040-0002-Grants.gov. *Abstract:* This collection is the government-wide form used for mandatory grant programs. Proposed revision to the form includes the addition of a data block that will collect the • I11“Descriptive Title of Applicant's Project.” The data field labeled “County” will be revised to read “County/Parish.” The instructions are also being revised to incorporate the new descriptive title block and also, revisions to the instructions for areas affected by funding and the congressional district. Changes to the instructions will increase data quality and clarity for the collection. Adding an additional data block is necessary to comply with the requirements of the Federal Funding Accountability and Transparency Act (FFATA). FFATA was signed into law on September 26, 2006 (Pub. L. 109-282). The legislation requires the Office of Management and Budget

(OMB)to establish a publicly available, online database containing information about entities that are awarded federal grants, loans, and contracts. The revised form will assist agencies in collecting the required data elements for the database through the SF-424 applications. This form will be utilized on occasion by up to 26 Federal grant making agencies with mandatory grant programs. We are requesting a 2-year clearance of this form. The affected public includes, Federal, State, Local or Tribal governments, business or other for profit, and not for profit institutions. Estimated Annualized Burden Table Agency Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours DOL 110 2.6 1 286 DOT 50 1.1 1 55 DoED 114 1 1 114 NEA 65 1 32/60 35 USDA 317 1 1 317 Total 807 Terry Nicolosi, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E8-10796 Filed 5-13-08; 8:45 am] BILLING CODE 4151-AE-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency Information Collection Request; 30-Day Public Comment Request, Grants.gov AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(SBIR)/ Small Business Technology Transfer

(STTR)Information form (OMB Number 0925-0001). The existing SBIR/STTR Information form (OMB No. 0925-0001) will be discontinued once this R&R collection is renewed. We are requesting a 3-year extension of the revised form. The affected public may include Federal, State, Local, or Tribal. Estimated Annualized Burden Table Agency Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours DOC 2,300 1 25/60 958 DOE 8,000 1 1.5 12,000 ED 1,200 1 40 48,000 HHS 60,000 1 60 3,600,000 DOD 2,500 5 1.0676 13,345 NASA 10,000 1 1.5 15,000 USDA 6,000 1 1.25 7,500 NSF 40,000 1 120 4,800,000 DHS 350 1 120 42,000 Total 8,538,803 Terry Nicolosi, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E8-10797 Filed 5-13-08; 8:45 am] BILLING CODE 4151-AE-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency Information Collection Request; 30-Day Public Comment Request, Grants.gov AGENCY: Office of the Secretary, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(202)690-6162. Written comments and recommendations for the proposed information collections must be received within 30 days of this notice directly to the OS OMB Desk Officer. All comments must be faxed to OMB at 202-395-6974. *Proposed Project:* SF-424A (Budget Information—Non-Construction Programs) Form—Extension—OMB No. 4040-0006—Grants.Gov. *Abstract:* The SF-424A (Budget Information—Non-Construction Programs) form is utilized by up to 26 Federal grant making agencies. The SF-424A provides budget information when applying for non-construction Federal grants. The Federal awarding agencies use information reported on the form for the evaluation of award and general management of Federal assistance program awards. A 2-year clearance is requested. Frequency of the data collection varies by Federal agency. Estimated Annualized Burden Table Agency Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours CNCS 10 1 4 40 DOI 258 1.28 30/60 165 DOS 150 1 5/60 13 EPA 3,816 1 4 15,264 SSA 700 2 30/60 700 Treas 191 1.445 1 276 VA 184 1 15/60 46 USDA 6,951 1 3 20,853 DOC 4,880 1 20/60 1,627 DOT 50 1 1.6 80 Total 17,190 39,063 Terry Nicolosi, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E8-10798 Filed 5-13-08; 8:45 am] BILLING CODE 4151-AE-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Meeting ACTION: Meeting announcement. SUMMARY: This notice announces the meeting date for the 22nd meeting of the American Health Information Community in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.) The American Health Information Community will advise the Secretary and recommend specific actions to achieve a common interoperability framework for health information technology (IT). *Meeting Date:* June 3, 2008, from 8:30 a.m. to 2 p.m. (Eastern). ADDRESSES: Hubert H. Humphrey building (200 Independence Avenue, SW., Washington, DC 20201), Conference Room 800. SUPPLEMENTARY INFORMATION: The meeting will include Workgroup presentations on Recommendations to the Community; a discussion on Priorities and Use Case Options; updates on the Healthcare Information Technology Standards Panel and the Certification Commission for Healthcare Information Technology; and a discussion with the State Alliance for eHealth. FOR FURTHER INFORMATION CONTACT: Visit *http://www.hhs.gov/healthit/ahic.html.* A Web cast of the Community meeting will be available on the NIH Web site at: *http://www.videocast.nih.gov/.* If you have special needs for the meeting, please contact

(202)690-7151. Dated: May 1, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-10660 Filed 5-13-08; 8:45 am] BILLING CODE 4150-45-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Notice of Meetings In accordance with section 10(d) of the Federal Advisory Committee Act as amended (5 U.S.C., Appendix 2), the Agency for Healthcare Research and Quality

(AHRQ)announces meetings of scientific peer review groups. The subcommittees listed below are part of the Agency's Health Services Research Initial Review Group Committee. The subcommittee meetings will be closed to the public in accordance with the Federal Advisory Committee Act, section 10(d) of 5 U.S.C., Appendix 2 and 5 U.S.C. 552b(c)(6). Grant applications are to be reviewed and discussed at these meetings. These discussions are likely to involve information concerning individuals associated with the applications, including assessments of their personal qualifications to conduct their proposed projects. This information is exempt from mandatory disclosure under the above-cited statutes. 1. *Name of Subcommittee:* Health Care Quality and Effectiveness Research. *Date:* June 17-18, 2008 (Open from 8:30 a.m. to 8:45 a.m. on June 17 and closed for remainder of the meeting). *Place:* Crowne Plaza, Conference Room TBD 3, Research Blvd., Rockville, Maryland 20850. 2. *Name of Subcommittee:* Health Care Technology and Decision Sciences. *Date:* June 18, 2008 (Open from 8:00 a.m. to 8:15 a.m. on June 18 and closed for remainder of the meeting). *Place:* Crowne Plaza, Conference Room TBD, 3 Research Blvd., Rockville, Maryland 20850. 3. *Name of Subcommittee:* Health Systems Research. *Date:* June 26, 2008 (Open from 8 a.m. to 8:15 a.m. on June 26 and closed for remainder of the meeting). *Place:* Marriott RIO, Conference Room TBD, 9751 Washingtonian Blvd., Gaithersburg, MD 20878. 4. *Name of Subcommittee:* Health Care Research Training. *Date:* June 26-27, 2008 (Open from 9:00 a.m. to 9:15 a.m. on June 26 and closed for remainder of the meeting). *Place:* Marriott RIO, Conference Room TBD, 9751 Washingtonian Blvd., Gaithersburg, MD 20878. *Contact Person:* Anyone wishing to obtain a roster of members, agenda or minutes of the nonconfidential portions of the meetings should contact Mrs. Bonnie Campbell, Committee Management Officer, Office of Extramural Research, Education and Priority Populations, AHRQ, 540 Gaither Road, Suite 2000, Rockville, Maryland 20850, Telephone

(301)427-1554. Agenda items for these meetings are subject to change as priorities dictate. Dated: May 5, 2008. Carolyn M. Clancy, Director. [FR Doc. E8-10564 Filed 5-13-08; 8:45 am] BILLING CODE 4160-90-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-8AZ] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention

(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Maryam I. Daneshvar, CDC Acting Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov.* *Comments are invited on:*

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project Health Marketing—New—National Center for Health Marketing (NCHM), Coordinating Center for Health Information and Service (CCHIS), Centers for Disease Control and Prevention (CDC). Background and Brief Description CDC is globally recognized for conducting research and investigations and for its action oriented approach. CDC applies research and findings to improve people's daily lives and responds to health emergencies—something that distinguishes CDC from its peer agencies. CDC is committed to achieving true improvements in people's health. To do this, the agency is defining specific health protection goals to prioritize and focus its work and investments and measure progress. It is imperative that CDC provide high-quality timely information and programs in the most effective ways to help people, families, and communities protect their health and safety. Through continuous consumer feedback, prevention research, and public health information technology, we identify and evaluate health needs and interests, translate science into actions to meet those needs, and engage the public in the excitement of discovery and the progress being made to improve the health of the Nation. In our outreach to partners, we build relationships that model shared learning, mutual trust, and diversity in points of view and sectors of society. The National Center for Health Marketing

(NCHM)of the Coordinating Center for Health Information and Service (CCHIS) was established to help ensure that health information, interventions, and programs at CDC are based on sound science, objectivity, and continuous customer input. NCHM is requesting a 3-year approval for the generic concept of health marketing to provide feedback on the development, implementation and satisfaction regarding public health services, products, communication campaigns and information. The information will be collected using standard qualitative and quantitative methods such as interviews, focus groups, and panels, as well as questionnaires administered in person, by telephone, by mail, by e-mail, and online. More specific types of studies may include: user experience and user-testing; concept/product/package development testing; brand positioning/identity research; customer satisfaction surveying; ethnography/observational studies; and mystery shopping. The data will be used to provide input to the development, delivery and communication of public health services and information at CDC and to address emerging programmatic needs. Every National Center and Office at CDC will have the opportunity to utilize this generic clearance. There is no cost to the respondents other than their time. Estimated Annualized Burden Table Type of respondents Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours Total burden hours CDC Partners 1,000 4 45/60 3,000 Public Health Professionals 5,000 2 30/60 5,000 Health Care Professionals 5,000 2 30/60 5,000 General Public 75,000 1 20/60 25,000 Total 86,000 38,000 Dated: April 30, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-10791 Filed 5-13-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-08-07BL] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention

(CDC)publishes a list of information collection requests under review by the Office of Management and Budget

(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at

(404)639-5960 or send an e-mail to *omb@cdc.gov.* Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to

(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project Personal Flotation Devices

(PFDs)and Commercial Fishermen: Preconceptions and Evaluation in Actual Use—New—National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC). Background and Brief Description NIOSH has the responsibility under Public Law 91-596 section 20 (Occupational Safety and Health Act of 1970) to conduct research relating to innovative methods, techniques, and approaches for dealing with occupational safety and health problems. Commercial fishing is one of the most dangerous occupations in the United States, with a fatality rate 30 times higher than the national average. Most fishermen who die on the job drown subsequent to a vessel sinking (51%) or fall overboard (29%). Because drowning is the leading cause of death for commercial fishermen, its prevention is one of the highest priorities for those who work to make the industry safer. The risk of drowning for commercial fisherman is high, yet most fishermen do not wear Personal Flotation Devices

(PFDs)while on deck. From 1990 to 2005, 71 commercial fishermen drowned subsequent to a fall overboard in Alaska. None of the victims were wearing a PFD, and many were within minutes of being rescued when they lost their strength and disappeared under the surface of the water. Although there are many new styles of PFDs on the market, it is unknown how many commercial fishermen are aware of them, or if they are more comfortable and wearable than the older styles. There have not been any published studies testing PFDs on commercial fisherman to measure product attributes and satisfaction. The purpose of this study is to first, identify fishermen's perceptions of risk, safety attitudes, and beliefs about PFDs; and second, to evaluate a variety of modern PFDs with commercial fishermen to discover the features and qualities that they like and dislike. This study addresses the repeated recommendation by NIOSH that all commercial fishermen wear PFDs while on deck. NIOSH is requesting OMB approval for 24 months to administer a survey to collect data on fishermen's perceptions, attitudes, and beliefs. Additionally, NIOSH is requesting approval to involve fishermen directly with an evaluation of the wearability of several different styles of PFDs during fishing operations. This study has the potential to greatly benefit the fishing industry. One of the first steps to increasing PFD use among commercial fishermen is gaining an understanding of fishermen's reasons for not wearing PFDs. With the empirical data at hand, safety professionals may be better equipped to address fishermen's concerns and remove the barriers that are currently in place. Findings from the PFD evaluations will provide manufacturers valuable information about commercial fishermen's needs and expectations of PFDs. Because the PFD wearability ratings will be completed by fishermen during fishing operations, the results may have more credibility when they are disseminated to the industry. The PFD evaluation will also supply information to fishermen about which types of PFDs worked best for different types of fishing operations. There are no costs to respondents other than their time. The total estimated annualized burden hours are 200. Estimated Annualized Burden Hours Type of respondent Number of respondents Number of responses per respondent Average burden per response (in hours) Total burden hours Fishermen (Survey) 400 1 20/60 133 Fishermen (Evaluation) 200 2 10/60 67 Total 200 Dated: May 8, 2008. Maryam I. Daneshvar, Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8-10792 Filed 5-13-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Center for Injury Prevention and Control In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the following meeting of the aforementioned review group: *Name:* National Center for Injury Prevention and Control Initial Review Group (NCIPC/IRG). *Time and Date:* 1 p.m.—3 p.m., May 16, 2008 (closed). *Place:* Teleconference. *Status:* Portions of the meetings will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5, U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Section 10(d) of Public Law 92-463. *Purpose:* This group is charged with providing advice and guidance to the Secretary, Department of Health and Human Services, and the Director, CDC, concerning the scientific and technical merit of grant and cooperative agreement applications received from academic institutions and other public and private profit and nonprofit organizations, including State and local government agencies, to conduct specific injury research that focuses on prevention and control. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of cooperative agreement applications submitted in response to Fiscal Year 2008 Requests for Applications related to the following individual research announcement: CE08-004, Translation Research to Prevent Motor Vehicle-Related Crashes and Injuries to Teen Drivers and Their Passengers (R01). Agenda items are subject to change as priorities dictate. National Center for Injury Prevention and Control determines that agency business requires its consideration of this matter on less than 15 days notice to the public and that no earlier notice of this meeting was possible. *Contact Person for More Information:* J. Felix Rogers, PhD, M.P.H., Telephone

(770)488-4334, NCIPC/ERPO, CDC, 4770 Buford Highway, NE., M/S F62, Atlanta, Georgia 30341-3724. The Director, Management Analysis and Services Office has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: May 8, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-10747 Filed 5-13-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Center for Injury Prevention and Control/ Initial Review Group, (NCIPC/IRG) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention

(CDC)announces the following meeting of the aforementioned review group: *Time and Date:* 1 p.m.-3 p.m., May 19, 2008 (Closed). *Place:* Teleconference. *Status:* The meetings will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5, U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Section 10(d) of Public Law 92-463. *Purpose:* This group is charged with providing advice and guidance to the Secretary, Department of Health and Human Services, and the Director, CDC, concerning the scientific and technical merit of grant and cooperative agreement applications received from academic institutions and other public and private profit and nonprofit organizations, including State and local government agencies, to conduct research on exposures to volcanic emissions and environmental air pollutants. *Matters to be Discussed:* The meeting will include the review, discussion, and evaluation of cooperative agreement applications submitted in response to Fiscal Year 2008 Requests for Applications related to the following individual research announcement: E08-001, Program to assess health effects associated with exposures to volcanic emissions and environmental air pollutants. Agenda items are subject to change as priorities dictate. NCIPC determines that agency business requires its consideration of this matter on less than 15 days notice to the public and that no earlier notice of this meeting was possible. *Contact Person for More Information:* J. Felix Rogers, Ph.D., M.P.H., Telephone (770)488-4334, NCIPC/ERPO, CDC, 4770 Buford Highway, NE., M/S F62, Atlanta, GA 30341-3724. The Director, Management Analysis and Services Office has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: May 8, 2008. Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E8-10751 Filed 5-13-08; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Notice of Meeting AGENCY: The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice of Public Meeting. SUMMARY: The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention

(CDC)announces the following public meeting: “Partnerships to Advance the National Occupational Research Agenda (NORA)”. *Public Meeting Time and Date:* 9 a.m.-3 p.m. EDT, June 19, 2008. *Place:* Patriots Plaza, 395 E Street, SW., Conference Room 9000, Washington, DC 20201. *Purpose of Meeting:* The National Occupational Research Agenda

(NORA)has been structured to engage partners with each other and/or with NIOSH to advance NORA priorities. The NORA Liaison Committee continues to be an opportunity for representatives from organizations with national scope to learn about NORA progress and to suggest possible partnerships based on their organization's mission and contacts. This opportunity is now structured as a public meeting via the Internet to attract participation by a larger number of organizations and to further enhance the success of NORA. Some of the types of organizations of national scope that are especially encouraged to participate are employers, unions, trade associations, labor associations, professional associations, and foundations. Others are welcome. This meeting will include updates from NIOSH leadership on NORA as well as updates from approximately half of the Sector Councils on their progress, priorities, and implementation plans to date, including the Construction Sector, Manufacturing Sector, Services Sector, Public Safety Sub-Sector, and Wholesale and Retail Trade Sector. After each update, there will be time to discuss partnership opportunities. *Status:* The meeting is open to the public, limited only by the capacities of the conference call and conference room facilities. There is limited space available in the meeting room (capacity 34). Therefore, information to allow participation in the meeting through the Internet (to see the slides) and a teleconference call (capacity 50) will be provided to registered participants. Participants are encouraged to consider attending by this method. Each participant is requested to register for the free meeting by sending an e-mail to *noracoordinator@cdc.gov* containing the participant's name, organization name, contact phone number on the day of the meeting, and preference for participation by Web meeting (requirements include: computer, Internet connection, and phone, preferably with “mute” capability) or in person. An e-mail confirming registration will include the details needed to participate in the web meeting. Non-US citizens are encouraged to participate in the web meeting. Non-US citizens registering to attend in person after June 2 will not have time to comply with security procedures. *Background:* NORA is a partnership program to stimulate innovative research in occupational safety and health leading to improved workplace practices. Unveiled in 1996, NORA has become a research framework for the nation. Diverse parties collaborate to identify the most critical issues in workplace safety and health. Partners then work together to develop goals and objectives for addressing those needs and to move the research results into practice. The NIOSH role is facilitator of the process. For more information about NORA, see *http://www.cdc.gov/niosh/nora/about.html* . Since 2006, NORA has been structured by industrial sectors. Eight sector groups have been defined using the North American Industrial Classification System (NAICS). After receiving public input through the web and town hall meetings, NORA Sector Councils have been working to define sector-specific strategic plans for conducting research and moving the results into widespread practice. During 2008, most of these Councils will post draft strategic plans for public comment. For more information, see the link above and choose “Sector-based Approach,” “NORA Sector Councils” and “Comment on Draft Sector Agendas” from the right-side menu. *Contact Person for Technical Information:* Sidney C. Soderholm, PhD, NORA Coordinator, e-mail *noracoordinator@cdc.gov* , telephone

(202)245-0665. Dated: May 5, 2008. James D. Seligman, Chief Information Officer, Centers for Disease Control and Prevention. [FR Doc. E8-10753 Filed 5-13-08; 8:45 am] BILLING CODE 4163-19-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Delegation of Authority Notice is hereby given that I have redelegated to Charles N.W. Keckler, Esq., Senior Advisor, Immediate Office of the Assistant Secretary, Administration for Children and Families (ACF), the following authority vested in the Assistant Secretary for Children and Families.

(a)Authority Delegated. Authority to review and make decisions to approve or disapprove requests for testimony by ACF employees or former ACF employees concerning information acquired in the course of performing official duties or because of such persons' official capacity with the Department of Health and Human Services in proceedings where the United States is not a party.

(b)Limitations and Conditions. This redelegation may not be further redelegated.

(c)Effect on Existing Delegations. None.

(d)Effective date. This redelegation is effective on the date of signature. I hereby affirm and ratify any actions taken by Mr. Charles Keckler which, in effect, involved the exercise of this authority prior to the effective date of this redelegation. Dated: May 2, 2008. Daniel C. Schneider, Acting Assistant Secretary for Children and Families. [FR Doc. E8-10766 Filed 5-13-08; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2007-E-0102] (formerly Docket No. 2007E-0184) Determination of Regulatory Review Period for Purposes of Patent Extension; AVASTIN AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)has determined the regulatory review period for AVASTIN and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human biological product. ADDRESSES: Submit written or electronic comments and petitions to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993-0002, 301-796-3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human biological products, the testing phase begins when the exemption to permit the clinical investigations of the biological becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human biological product and continues until FDA grants permission to market the biological product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human biological product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B). FDA approved for marketing the human biologic product AVASTIN (bevacizumab). AVASTIN, used in combination with intravenous 5-fluorouracil-based chemotherapy, is indicated for first-line treatment of patients with metastatic carcinoma of the colon or rectum. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for AVASTIN (U.S. Patent No. 6,639,055) from Genentech, Inc., and the Patent and Trademark Office requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated July 24, 2007, FDA advised the Patent and Trademark Office that this human biological product had undergone a regulatory review period and that the approval of AVASTIN represented the first permitted commercial marketing or use of the product. Thereafter, the Patent and Trademark Office requested that FDA determine the product's regulatory review period. FDA has determined that the applicable regulatory review period for AVASTIN is 2,551 days. Of this time, 2,401 days occurred during the testing phase of the regulatory review period, while 150 days occurred during the approval phase. These periods of time were derived from the following dates: 1. *The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) became effective* : March 5, 1997. The applicant claims February 3, 1997, as the date the investigational new drug application

(IND)became effective. However, FDA records indicate that the IND effective date was March 5, 1997, which was 30 days after FDA receipt of the IND. 2. *The date the application was initially submitted with respect to the human biological product under section 351 of the Public Health Service Act (42 U.S.C. 262)* : September 30, 2003. The applicant claims August 29, 2003, as the date the biologics license application

(BLA)for AVASTIN (BLA 125085/0) was initially submitted. The applicant claims this is the date it submitted the first unit of BLA 125085/0, which was submitted in several units as part of a rolling application procedure. It is FDA's position that the approval phase begins when the marketing application is complete. A review of FDA records reveals that the final module of the BLA 125085/0 was submitted on September 30, 2003, which is considered to be the date the complete marketing application was initially submitted. 3. *The date the application was approved* : February 26, 2004. FDA has verified the applicant's claim that BLA 125085/0 was approved on February 26, 2004. This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 121 days of patent term extension. Anyone with knowledge that any of the dates as published are incorrect may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments and ask for a redetermination by July 14, 2008. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by November 10, 2008. To meet its burden, the petition must contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30. Comments and petitions should be submitted to the Division of Dockets Management. Three copies of any mailed information are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Comments and petitions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic submissions will be accepted by FDA through FDMS only. Dated: April 28, 2008. Jane A. Axelrad, Associate Director for Policy, Center for Drug Evaluation and Research. [FR Doc. E8-10726 Filed 5-13-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2007-E-0399] (formerly Docket No. 2007E-0145) Determination of Regulatory Review Period for Purposes of Patent Extension; INVEGA AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)has determined the regulatory review period for INVEGA and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product. ADDRESSES: Submit written comments and petitions to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993-0002, 301-796-3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the human drug product becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B). FDA recently approved for marketing the human drug product INVEGA (paliperidone). INVEGA is indicated for the treatment of schizophrenia. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for INVEGA (U.S. Patent No. 5,158,952) from Janssen, L.P., and the Patent and Trademark Office requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated July 23, 2007, FDA advised the Patent and Trademark Office that this human drug product had undergone a regulatory review period and that the approval of INVEGA represented the first permitted commercial marketing or use of the product. Thereafter, the Patent and Trademark Office requested that FDA determine the product's regulatory review period. FDA has determined that the applicable regulatory review period for INVEGA is 1,406 days. Of this time, 1,021 days occurred during the testing phase of the regulatory review period, while 385 days occurred during the approval phase. These periods of time were derived from the following dates: 1. *The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 355(i)) became effective* : February 14, 2003. The applicant claims February 13, 2003, as the date the investigational new drug application

(IND)became effective. However, FDA records indicate that the original IND was withdrawn within 30 days of the submission date. The IND effective date was February 14, 2003, which was 30 days after FDA receipt of the request to reinstate the IND. 2. *The date the application was initially submitted with respect to the human drug product under section 505(b) of the act* : November 30, 2005. FDA has verified the applicant's claim that the new drug application

(NDA)for INVEGA (NDA 21-999) was initially submitted on November 30, 2005. 3. *The date the application was approved* : December 19, 2006. FDA has verified the applicant's claim that NDA 21-999 was approved on December 19, 2006. This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 896 days of patent term extension. Anyone with knowledge that any of the dates as published are incorrect may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments and ask for a redetermination by July 14, 2008. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by November 10, 2008. To meet its burden, the petition must contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30. Comments and petitions should be submitted to the Division of Dockets Management. Three copies of any mailed information are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Comments and petitions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA through FDMS only. Dated: April 28, 2008. Jane A. Axelrad, Associate Director for Policy, Center for Drug Evaluation and Research. [FR Doc. E8-10685 Filed 5-13-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2007-E-0278] (formerly Docket No. 2007E-0143) Determination of Regulatory Review Period for Purposes of Patent Extension; ZOLINZA AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)has determined the regulatory review period for ZOLINZA and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product. ADDRESSES: Submit written comments and petitions to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993-0002, 301-796-3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the human drug product becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B). FDA recently approved for marketing the human drug product ZOLINZA (vorinostat). ZOLINZA is indicated for the treatment of cutaneous manifestations in patients with cutaneous T-cell lymphoma who have progressive, persistent or recurrent disease on or following two systemic therapies. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for ZOLINZA (U.S. Patent No. RE38506 E) from Sloan-Kettering Institute for Cancer Research, and the Patent and Trademark Office requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated May 16, 2007, FDA advised the Patent and Trademark Office that this human drug product had undergone a regulatory review period and that the approval of ZOLINZA represented the first permitted commercial marketing or use of the product. Thereafter, the Patent and Trademark Office requested that FDA determine the product's regulatory review period. FDA has determined that the applicable regulatory review period for ZOLINZA is 2,449 days. Of this time, 2,266 days occurred during the testing phase of the regulatory review period, while 183 days occurred during the approval phase. These periods of time were derived from the following dates: 1. *The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 355(i)) became effective* : January 24, 2000. The applicant claims October 2, 1999, as the date the investigational new drug application

(IND)became effective. However, FDA records indicate that the IND effective date was January 24, 2000, which was the date the IND was removed from clinical hold. 2. *The date the application was initially submitted with respect to the human drug product under section 505(b) of the act* : April 7, 2006. The applicant claims December 6, 2005, as the date the new drug application

(NDA)for ZOLINZA (NDA 21-991) was initially submitted. However, FDA records indicate that NDA 21-991 was submitted in several modules under the fast track drug development program. It is FDA's position that the approval phase begins when the marketing application is complete for review. The final module of the NDA making it complete for review was submitted on April 7, 2006. 3. *The date the application was approved* : October 6, 2006. FDA has verified the applicant's claim that NDA 21-991 was approved on October 6, 2006. This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 1,433 days of patent term extension. Anyone with knowledge that any of the dates as published are incorrect may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments and ask for a redetermination by July 14, 2008. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by November 10, 2008. To meet its burden, the petition must contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30. Comments and petitions should be submitted to the Division of Dockets Management. Three copies of any mailed information are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Comments and petitions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS). FDMS is a Government-wide, electronic docket management system. Electronic comments or submissions will be accepted by FDA through FDMS only. Dated: April 28, 2008. Jane A. Axelrad, Associate Director for Policy, Center for Drug Evaluation and Research. [FR Doc. E8-10689 Filed 5-13-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Preference for Healthy Start Grantees AGENCY: Health Resources and Services Administration (HRSA), HHS. ACTION: General notice. BACKGROUND: This notice supplements the 2007 HRSA announcement (HRSA 08-023/08-031) of the availability of fiscal year

(FY)2008 funding for new and competing continuation applications for Healthy Start. Healthy Start strengthens communities to effectively address the causes of infant mortality, low birth weight and other poor perinatal outcomes for women and infants. Recently, new guidance became available with regards to funding FY 2008 Healthy Start programs. SUMMARY: The Conference Report (H.R. Rep. No. 110-107) accompanying the Consolidated Appropriations Act 2008 (Pub. L. 110-161), Division G—Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008, indicates concurrence with the Senate report language regarding the recompetition of Healthy Start programs. Following the Senate Committee's recommendation, the Health Resources and Services Administration

(HRSA)will give funding preference during the FY 2008 competition to current Healthy Start grantees. Senate Report 110-107 urges “HRSA to give preference to current and former grantees with expiring or recently expired project periods.” FOR FURTHER INFORMATION CONTACT: Maribeth Badura, Director, Division of Healthy Start and Perinatal Services, Maternal and Child Health Bureau, HRSA, Room 18-12, Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 20857; telephone

(301)443-0543; e-mail *MBadura@hrsa.gov.* Dated: May 2, 2008. Dennis Williams, Acting Administrator. [FR Doc. E8-10684 Filed 5-13-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Fogarty International Center; Notice of Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the Fogarty International Center Advisory Board. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(9)(B), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* Fogarty International Center Advisory Board. *Date:* May 19-20, 2008. *Closed:* May 19, 2008, 1 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications and/or proposals. *Place:* National Institutes of Health, Lawton Chiles International House, Bethesda, MD 20892. *Closed:* May 20, 2008, 8:30 a.m. to 10:30 a.m. *Agenda:* To review and evaluate grant applications and/or proposals. *Place:* National Institutes of Health, Lawton Chiles International House, Bethesda, MD 20892. *Open:* May 20, 2008, 10:30 a.m.to 12:30 p.m. *Agenda:* A report of the FIC Director on updates and overviews of new FIC initiatives. Topics to be discussed include the Global Programs and Strategies of the NCI and NHLBI. *Place:* National Institutes of Health, Lawton Chiles International House, Bethesda, MD 20892. *Closed:* May 20, 2008, 1:30 p.m. to 3:15 p.m. *Agenda:* To review and evaluate a report and discussion on the Global Health Leaders Consultation. *Place:* National Institutes of Health, Lawton Chiles International House, Bethesda, MD 20892. *Contact Person:* Robert Eiss, Public Health Advisor, Fogarty International Center, National Institutes of Health, 31 Center Drive, Room B2C02, Bethesda, MD 20892,

(301)496-1415, *eissr@mail.nih.gov.* This meeting is being published less than 15 days prior to the meeting due to timing limitations imposed by administrative matters. Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Centers home page: *http://www.nih.gov/fic/about,* where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.106, Minority International Research Training Grant in the Biomedical and Behavioral Sciences; 93.154, Special International Postdoctoral Research Program in Acquired Immunodeficiency Syndrome; 93.168, International Cooperative Biodiversity Groups Program; 93.934, Fogarty International Research Collaboration Award; 93.989, Senior International Fellowship Awards Program, National Institutes of Health, HHS) Dated: May 6, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10550 Filed 5-13-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Child Health and Human Development; Notice of Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Advisory Child Health and Human Development Council. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Advisory Child Health and Human Development Council. *Date:* June 12, 2008. *Open:* 8 a.m. to 1:30 p.m. *Agenda:*

(1)A report by the Director, NICHD;

(2)A report of the Subcommittee on Planning and Policy;

(3)A Contraception and Reproductive Health Branch Presentation; and other business of the Council. *Place:* National Institutes of Health, Building 31, 31 Center Drive, C-Wing, Conference Room 6, Bethesda, MD 20892. *Closed:* 1:30 p.m. to 5 p.m. *Agenda:* To review and evaluate grant applications and/or proposals. *Place:* National Institutes of Health, Building 31, 31 Center Drive, C-Wing, Conference Room 6, Bethesda, MD 20892. *Contact Person:* Yvonne T. Maddox, PhD, Deputy Director, National Institute of Child Health and Human Development, NIH, 9000 Rockville Pike, MSC 7510, Building 31, Room 2A03, Bethesda, MD 20892,

(301)496-1848. Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuffles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: *http://www.nichd.nih.gov/about/nachhd.htm* , where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS) Dated: May 5, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10469 Filed 5-13-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Research Resources; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Center for Research Resources, Special Emphasis Panel R24 Applications Review. *Date:* June 17, 2008. *Time:* 1 p.m. to 3 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health/NCRR/OR, Democracy 1, 6701 Democracy Blvd., Room 1064, Bethesda, MD. (Telephone Conference Call). *Contact Person:* Guo Zhang, PhD., Scientific Review Officer, Office of Review, National Center for Research Resources, National Institutes of Health, 6701 Democracy Boulevard, 1 Democracy Plaza, Room 1064, Bethesda, MD 20814-9692,

(301)435-0812, *zhanggumail.nih.gov* . *Name of Committee:* National Center for Research Resources, Special Emphasis Panel BIRN SEP (Teleconference). *Date:* July 22, 2008. *Time:* 12 p.m. to 2 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. (Telephone Conference Call) *Contact Person:* Bonnie Dunn, PhD, Scientific Review Officer, Office Of Review, National Center for Research Resources, National Institutes of Health, 6701 Democracy Blvd., Dem. 1, Room 1074, MSC 4874, Bethesda, MD 20892-4874,

(301)435-0824, *dunnbo@mail.nih.gov.* (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical Technology; 93.389, Research Infrastructure, 93.306, 93.333, National Institutes of Health, HHS) Dated: May 6, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10549 Filed 5-13-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Dental & Craniofacial Research; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Dental and Craniofacial Research Special Emphasis Panel. *Date:* May 16, 2008. *Time:* 9 p.m. to 11 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892. (Virtual Meeting) *Contact Person:* Sooyoun (Sonia) Kim, MS, Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NIDCR/NIH, 6701 Democracy Blvd, Rm. 675, Bethesda, MD 20892-4878,

(301)594-4827, *kims@email.nidr.nih.gov* . This notice is being published less than 15 days prior to the meeting due to the urgent need to meet timing limitations imposed by the intramural research review cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Health, HHS) Dated: May 6, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10548 Filed 5-13-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Environmental Health Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Environmental Health Sciences, Special Emphasis Panel, Natural Disaster-Related Exposures. *Date:* May 22, 2008. *Time:* 11:30 a.m. to 1 p.m. *Agenda:* To review and evaluate grant applications. *Place:* NIEHS/National Institutes of Health, Building 4401, East Campus, 79 T.W. Alexander Drive, Research Triangle Park, NC 27709. (Telephone Conference Call) *Contact Person:* Sally Eckert-Tilotta, PhD., Scientific Review Administrator, Nat. Institute of Environmental Health Sciences, Office of Program Operations, Scientific Review Branch, P.O. Box 12233, Research Triangle Park, NC 27709,

(919)541-1446, *eckertt1@niehs.nih.gov.* This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institutes of Health, HHS) Dated: May 5, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10551 Filed 5-13-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of General Medical Sciences Special Emphasis Panel; 2008 NIH Director's New Innovator Awards. *Date:* June 2, 2008. *Time:* 7 a.m. to 11:59 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Natcher Building, 45 Center Drive, Bethesda, MD 20892, (Virtual Meeting). *Contact Person:* Judith H. Greenberg, PhD, Director, Division of Genetics and Developmental Biology, National Institute of General Medical Sciences, National Institutes of Health, Natcher Building, Room 2AN-12B, Bethesda, MD 20892 301-594-2755, *greenbej@nigms.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and Biophysics Research; 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.862, Genetics and Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National Institutes of Health, HHS) Dated: May 6, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10552 Filed 5-13-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Environmental Health Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. *Name of Committee:* National Institute of Environmental Health Sciences Special Emphasis Panel; Literature Search and Summary Report for the National Toxicology Program. *Date:* June 5, 2008. *Time:* 9 a.m. to 2 p.m. *Agenda:* To review and evaluate contract proposals. *Place:* NIEHS/National Institutes of Health, Building 4401, East Campus, 79 T.W. Alexander Drive, Research Triangle Park, NC 27709. *Contact Person:* RoseAnne M. McGee, Associate Scientific Review Administrator, Scientific Review Branch, Division of Extramural Research and Training, Nat. Institute of Environmental Health Sciences, P.O. Box 12233, MD EC-30, Research Triangle Park, NC 27709,

(919)541-0752, *mcgee1@niehs.nih.gov* . (Catalogue of Federal Domestic Assistance Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institutes of Health, HHS) Dated: May 5, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-10553 Filed 5-13-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Proposed Collection; Comment Request; Guam Visa Waiver Agreement AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 60-Day Notice and request for comments; Extension of an existing collection of information: 1651-0126. SUMMARY: As part of its continuing effort to reduce paperwork and respondent burden, U.S. Customs and Border Protection

(CBP)invites the general public and other Federal agencies to comment on an information collection requirement concerning the Guam Visa Waiver Agreement (Form I-760). This request for comment is being made pursuant to the Paperwork Reduction Act (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)). DATES: Written comments should be received on or before July 14, 2008, to be assured of consideration. ADDRESSES: Direct all written comments to U.S. Customs and Border Protection, Attn.: Tracey Denning, 1300 Pennsylvania Avenue, NW., Room 3.2C, Washington, DC 20229. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the U.S. Customs and Border Protection, Attn.: Tracey Denning, 1300 Pennsylvania Avenue, NW., Room 3.2C, Washington, DC 20229, Tel.

(202)344-1429. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)). The comments should address:

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimates of the burden of the collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected;

(d)ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operations, maintenance, and purchase of services to provide information. The comments that are submitted will be summarized and included in the CBP request for Office of Management and Budget

(OMB)approval. All comments will become a matter of public record. In this document CBP is soliciting comments concerning the following information collection: *Title:* Guam Visa Waiver Agreement. *OMB Number:* 1651-0126. *Form Number:* I-760. *Abstract:* This Agreement is intended to ensure that every alien transported to Guam pursuant to Public Law 99-396 meets all of the stipulated eligibility criteria prior to departure to Guam. It also outlines the requirements to be satisfied by the carrier. *Current Actions:* There are no changes to the information collection. This submission is being submitted to extend the expiration date. *Type of Review:* Extension (without change). *Affected Public:* Individuals. *Estimated Number of Respondents:* 5. *Estimated Number of Responses:* 5. *Estimated Time per Response:* 12 minutes. *Estimated Total Annual Burden Hours:* 1. Dated: May 8, 2008. Tracey Denning, Agency Clearance Officer, Customs and Border Protection. [FR Doc. E8-10805 Filed 5-13-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF THE INTERIOR U.S. Fish and Wildlife Service Innoko National Wildlife Refuge, McGrath, AK AGENCY: U.S. Fish and Wildlife Service, Interior. ACTION: Notice of Availability of the Draft Revised Comprehensive Conservation Plan and Environmental Assessment for Innoko National Wildlife Refuge; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service, we), announce that the Draft Revised Comprehensive Conservation Plan (Draft CCP) and Environmental Assessment

(EA)for the southern unit of the Innoko National Wildlife Refuge is available for public comment. The Draft CCP/EA was prepared pursuant to the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), the National Wildlife Refuge System Administration Act of 1966 (Refuge Administration Act) as amended by the National Wildlife Refuge System Improvement Act of 1997 (Refuge Improvement Act), and the National Environmental Policy Act of 1969 (NEPA). It describes two alternatives for managing the southern unit of the Innoko Refuge for the next 15 years, including continuing current management. We will use special mailings to inform the public of opportunities to provide input on the CCP/EA and will hold public meetings in communities near the Refuge (Grayling, Anvik, Shageluk, Holly Cross, Kaltag, McGrath, and Takotna). DATES: Comments on the Draft CCP/EA must be received on or before July 22, 2008. ADDRESSES: To provide written comments or to request a paper copy or a compact disk of the Draft CCP/EA, contact Rob Campellone, Planning Team Leader, U.S. Fish and Wildlife Service, 1011 East Tudor Rd., MS-231, Anchorage, Alaska 99503; telephone:

(907)786-3982; fax:

(907)786-3965; e-mail: *fw7_innoko_planning@fws.gov* . You may also view or download a copy of the Draft CCP/EA at the following Web site: *http://alaska.fws.gov/nwr/planning/innpol.htm* . Copies of the Draft CCP/EA may be viewed at the Innoko Refuge Office in McGrath, Alaska, and the U.S. Fish and Wildlife Service Regional Office in Anchorage, Alaska. FOR FURTHER INFORMATION CONTACT: Rob Campellone at the address or phone number provided above. SUPPLEMENTARY INFORMATION: The ANILCA (16 U.S.C. 410hh *et seq.* , 43 U.S.C. 1602 *et seq.* ) requires development of a CCP for all national wildlife refuges in Alaska. The Draft CCP/EA for the southern unit of the Innoko Refuge was developed consistent with Section 304(g) of ANILCA and the Refuge Administration Act as amended by the Refuge Improvement Act (16 U.S.C. 668dd *et seq.* ). The purpose of developing CCPs is to provide refuge managers with a 15-year management strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish, wildlife, and habitat management and conservation; legal mandates; and Service policies. Plans define long-term goals and objectives toward which refuge management activities are directed and identify which uses may be compatible with the purposes of the refuge. They identify wildlife-dependent recreation opportunities available to the public, including hunting, fishing, wildlife observation and photography, and environmental education and interpretation. Comprehensive conservation plans are updated in accordance with planning direction in Section 304(g) of ANILCA and with NEPA (42 U.S.C. 4321 *et seq.* ). *Background:* In 1980, ANILCA designated the Innoko National Wildlife Refuge. Refuge boundaries encompass approximately 3.8 million acres of which approximately 3.5 million acres (92 percent) are under Service jurisdiction. Section 302(3)(B) of ANILCA states that the purposes for which Innoko Refuge was established include:

(i)To conserve fish and wildlife populations and habitats in their natural diversity;

(ii)to fulfill international treaty obligations of the United States with respect to fish and wildlife and their habitats;

(iii)to provide the opportunity for continued subsistence use by local residents; and

(iv)to ensure water quality and necessary water quantity within the refuge. A CCP and Environmental Impact Statement were completed for the Innoko Refuge in 1987 following direction in Section 304(g) of ANILCA. The ANILCA requires us to designate areas according to their respective resources and values and to specify programs and uses within the areas designated. To meet this requirement, the Alaska Region established management categories (wilderness, minimal, moderate, intensive, and wild river). Appropriate activities, public uses, commercial uses, and facilities are identified for each management category. Two management categories (wilderness and minimal) apply to the southern unit of the Innoko Refuge. The 1997 Refuge Improvement Act includes additional direction for conservation planning throughout the National Wildlife Refuge System. This direction has been incorporated into national planning policy for the National Wildlife Refuge System, including refuges in Alaska. This draft revision of the Innoko CCP/EA meets the requirements of both ANILCA and the Refuge Administration Act as amended by the Refuge Improvement Act. Issues raised during scoping and addressed in the Draft CCP/EA are

(1)Competition for moose harvesting;

(2)management of air taxis to balance demand for visitor access with user experience and resource protection;

(3)threats to water quality from off-refuge mining;

(4)refuge enhancement of its relationship with local communities;

(5)monitoring and addressing the effects of climate change;

(6)the proposed reintroduction of wood bison by the Alaska Department of Fish and Game; and

(7)ensuring resource protection while providing for subsistence and other public uses. The Draft CCP/EA describes and evaluates two alternatives for managing the southern unit of the Innoko Refuge for the next 15 years. These alternatives follow much of the same general management direction. Alternative A (the No-Action Alternative) is required under NEPA and describes continuation of current management activities. Alternative A serves as a baseline against which to compare the other alternative. Under Alternative A, management of the southern unit of the Innoko Refuge would continue to follow direction described in the 1987 CCP and record of decision as modified by subsequent program-specific plans (e.g., fisheries, cultural resources, fire management plans). Currently 61 percent of the refuge is in minimal management, 34.5 percent is designated as Wilderness, and 4.5 percent is in private ownership. Alternative A would continue to protect and maintain the existing wildlife values, natural diversity, and ecological integrity of the refuge. Human disturbances to fish and wildlife habitats and populations would be minimal. Private and commercial uses of the refuge would not change, and public uses employing existing access methods would continue to be allowed. Opportunities to pursue traditional subsistence activities, and recreational hunting, fishing, and other wildlife dependent activities, would be maintained. Opportunities to pursue research would be maintained. Alternative B (the Proposed Action) would generally continue to follow management direction described in the 1987 CCP and record of decision as modified by subsequent program-specific plans, but some of that management direction has been updated by changes in policy since the 1987 Innoko Refuge CCP was approved. Alternative B identifies these specific changes in management direction as well as goals and objectives for refuge management. *Public Availability of Comments:* Before including your name, address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will make all comments from individual persons part of the official public record. We will handle requests for such comments in accordance with the Freedom of Information Act, NEPA, and Departmental policies and procedures. Dated: May 8, 2008. Thomas O. Melius, Regional Director, U.S. Fish and Wildlife Service, Anchorage, Alaska. [FR Doc. E8-10810 Filed 5-13-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-200-07-5320-PH-1000-241A] Notice of Temporary Route Closure, Sonoran Desert National Monument, AZ AGENCY: Bureau of Land Management, Interior. SUMMARY: Notice is hereby given that the Bureau of Land Management

(BLM)intends to temporarily close 88 miles of un-maintained, dirt-surfaced vehicle routes in the Sonoran Desert National Monument (SDNM), and one mile on the adjacent public lands managed by the Lower Sonoran Field Office to all travel by motor vehicles. A map of this closure area, documentation of categorical exclusion of this action from further review under provisions of the National Environmental Policy Act (NEPA), and the administrative decision can be viewed online at *http://www.blm.gov/az/sonoran/sondes_main.htm* . DATES: The closure will be in effect beginning thirty

(30)calendar days from publication of this notice and will remain in effect until off-highway-vehicle

(OHV)damage to the natural and cultural resources of SDNM has been restored to the extent possible and when adequate measures have been implemented to prevent recurrence of such damage. A staged re-opening of the vehicle routes is expected to begin with in two to three years from the time that the temporary route closure goes into effect, depending on the availability of resources to complete the restoration and management actions. FOR FURTHER INFORMATION CONTACT: Manager, Sonoran Desert National Monument, Bureau of Land Management, Phoenix District, 21065 North 7th Avenue, Phoenix, Arizona 85027; 623-580-5500. SUPPLEMENTARY INFORMATION: Since its establishment, certain parts of SDNM have experienced increased visitation from growing adjacent communities, which in turn has increased the public awareness and popularity of these areas for OHV use. Motorized vehicle use off-road has led to visible and persistent damage to the soils and vegetation of lands adjacent to primary access routes, to degradation of the natural and cultural resource objects for which the monument was designated—including a portion of the Juan Bautista de Anza National Historic Trail—and to degradation of the scenic values of the monument. The temporary route closure will prevent further damage to the natural resources of SDNM by unauthorized and illegal OHV use. The BLM is currently in the process of developing a management plan for restoring damaged areas and managing future use of this area. Development of the plan will include public involvement and will be completed in summer 2008. The restoration and management plan could identify specific actions to include visitor entry/information points, site, road, and information signing, camping and staging site delineation, and road repair. During the period of closure, primary access routes will be restored and adjacent areas of OHV damage—including vehicle tracks, barren cores areas, and other areas of human disturbance—will be reclaimed to the extent possible by hand raking, vertical mulching, harrowing, and seeding (native plants only). Further, the temporary closure of these routes will assure that the reclamation work will not be damaged or outpaced by ongoing improper OHV use and will provide for the health and safety of BLM staff and volunteers engaged in this work by reducing exposure to the high volumes of dust generated by the passage of vehicles. In evaluating when to re-open areas or routes within the temporary closure area, we will consider the following factors:

(a)Physical rehabilitation of the damaged areas is substantially completed (rehabilitation is the physical obliteration of vehicle damage, and includes vertical mulching, such that vehicle tracks are not visible to be driven on and the area is prepared for natural re-vegetation. Physical rehabilitation does not include vegetation restoration and recovery, which will occur over a much longer time period);

(b)The major components of the management plan for that area or route have been implemented to effect a change in user behavior and ensure the resource damage does not re-occur;

(c)The practicality of re-opening an area or route(s) while maintaining the temporary closure where the rehabilitation and management actions are not yet completed. Prior to and during the closure, primary vehicle access points will be blocked to use by vehicles with wire fencing and will be posted with signs and public information displays advising of the purpose of the closure and of the reclamation project. All other vehicle access points will be prominently posted with a closure order and map. The closure will restrict public access to portions of T. 3 S., R. 1 W., section 30; T. 3 S., R. 2 W., sections 9-11, 13-15, 24-26, 35, and 36; T. 4 S., R. 1 W., sections 2, 3, 10-12, 13-15, 19-24, 26-28, 34, and 35; T. 4 S., R. 2 W., sections 2, 10, 11, 15, 16, 22-24, 25-29, 31-33, and 35; T. 4 S., R. 3 W., section 34; T. 5 S., R. 2 W., sections 2, 3, 6, 7, 11, and 12; and T. 5 S., R. 3 W., sections 1-4, 9-15, and 23 (Gila and Salt River Meridian). A map of this closure area, documentation of categorical exclusion of this action from further review under provisions of the National Environmental Policy Act (NEPA), and the administrative decision can be viewed online at *http://www.blm.gov/az/sonoran/sondes_main.htm* . These materials are also available at the BLM Phoenix District Office. The following persons, operating within the scope of their official duties, are exempt from the provisions of this closure: employees of BLM, Arizona Game and Fish Department, and local and Federal law enforcement and fire protection personnel. Access by additional parties may be allowed, but must be approved in advance in writing by the authorized manager. This closure is in accordance with the provisions of Presidential Proclamation 7397, 66 FR 7354 (Jan. 22, 2001); 43 CFR 8341.2(a); and 43 CFR 8364.1. On all public lands, under section 303(a) of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1733(a), 43 CFR 8360.0-7, any person who violates any closures or restrictions on public lands as announced in this order may be tried before a United States Magistrate and fined no more than $1000.00 or imprisoned for not more than 12 months, or both. Such violations may also be subject to enhanced fines provided for by 18 U.S.C. 3571 (not to exceed $100,000.00 and/or imprisonment not to exceed 12 months). Authority: 43 CFR 8364.1. Karen Kelleher, Lower Sonoran Field Office Manager. [FR Doc. E8-10814 Filed 5-13-08; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before May 3, 2008. Pursuant to section 60.13 of 36 CFR Part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by May 29, 2008. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program. CALIFORNIA Sacramento County Southern Pacific Railroad Section Superintendent House, 815 Oakdale St., Folsom, 08000501 FLORIDA Gadsden County Gretna School, 722 Church St., Gretna, 08000502 ILLINOIS Cook County Epworth Methodist Episcopal Church, 5253 N. Kenmore Ave., Chicago, 08000503 Ogle County Village of Davis Junction Town Hall, 202 Pacific Ave., Davis Junction, 08000504 MASSACHUSETTS Hampden County Westfield Center Commercial Historic District, 91-115, 100-174 Elm St., Westfield, 08000506 Middlesex County St. George Antiochian Orthodox Church, 61 Bowers St., Lowell, 08000507 MISSOURI St. Louis Independent City Oakview Place Apartments, 1014-1038 Oakview Pl., St. Louis (Independent City), 08000508 NEVADA Churchill County Cottage Schools, The, 255 E. Stillwater Ave., Fallon, 08000509 Lincoln County Smith Hotel—Cornelius Hotel, 100 Spring St., Caliente, 08000510 Washoe County Veterans of Foreign Wars Building, 301 Burris Ln., Reno, 08000511 NEW HAMPSHIRE Merrimack County Hersey Farms Historic District, 1057 & 1088 Franklin Hwy., Andover, 08000512 NEW YORK Dutchess County St. Luke's Episcopal Church Complex, Wolcott Ave. & Rector St., Beacon, 08000517 Orange County St. Andrew's Episcopal Church & Rectory, 13 & 15 Walnut St., Walden, 08000513 Suffolk County Hawkins, Jedediah, House, 400 S. Jamesport Ave., Jamesport, 08000514 Woodhull, Benjamin King, House, 126 Sound Rd., Wading River, 08000515 Washington County Town—Hollister Farm, NY 22, North Granville, 08000516 PENNSYLVANIA Bucks County Langhorne Manor School, (Educational Resources of Pennsylvania MPS) 618 Hulmeville Rd., Langhorne Manor, 08000518 Elk County Lake City School, 27586 Lake City Rd., Lake City, 08000519 Lancaster County Mylin, Martin and Barbara, House and Barns, (Historic Farming Resources of Lancaster County MPS) 211 Willow Valley Sq. (West Lampeter Township), Willow Street, 08000520 Lehigh County Knauss, Heinrich, House, 152 E. Main St., Emmaus, 08000521 Philadelphia County Gomery—Schwartz Autocar Building, 130-140 N. Broad St., Philadelphia, 08000522 York County York Casket Company, 700-710 Linden Ave., York, 08000523 VIRGINIA Suffolk Independent City Knotts Creek—Belleville Archeological Site, Address Restricted, Suffolk (Independent City), 08000524 Surry County Mount Pleasant Architectural and Archeological Complex, Address Restricted, Spring Grove, 08000525 In the interest of preservation the comment period for the following resource has been shortened to Three

(3)days. IOWA Montgomery County Murphy, Thos. D. Co. Factory And Power Plant, 110 S. 2nd St., Red Oak, 08000505 A request for REMOVAL has been made for the following resources: MINNESOTA Blue Earth County Kennedy Bridge, Twp. Rd. 167 over Le Sueur R. Mankato, 89001832 VIRGINIA Charles City County Rowe, The, 3 mi. SW. of Rustic, Rustic, 800004442 Virginia Beach Independent City Bayville Farm, VA 650, Virginia Beach (Independent City), 80004317 [FR Doc. E8-10712 Filed 5-13-08; 8:45 am] BILLING CODE 4312-51-P INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO United States Section; Notice of Availability of the Final Programmatic Environmental Impact Statement, Improvements to the USIBWC Tijuana River Flood Control Project AGENCY: United States Section, International Boundary and Water Commission (USIBWC). ACTION: Notice of availability of Final Programmatic Environmental Impact Statement. SUMMARY: Pursuant to section 102(2)(c) of the National Environmental Policy Act

(NEPA)of 1969, as amended, the United States Section, International Boundary and Water Commission (USIBWC) has prepared a Final Programmatic Environmental Impact Statement (Final PEIS) for future improvements to the Tijuana River Flood Control Project in southern San Diego County. The Draft PEIS, prepared in cooperation with the Los Angeles District, United States Army Corps of Engineers, analyzes potential effects of the No Action Alternative and a Multi- purpose Project Management Alternative. Because improvement measures under consideration are at a conceptual level of development, the USIBWC has taken a broad programmatic look at the environmental implications of their implementation. The USIBWC will apply the programmatic evaluation as an overall guidance for environmental evaluations of future individual improvement projects developed for implementation. Once any given project is identified for implementation, site-specific environmental documentation will be developed based on project specifications and PEIS findings. DATES: The Final PEIS will be available to agencies, organizations and the general public on May 14, 2008. A copy of the Final PEIS will also be posted in the USIBWC Web site at *http://www.ibwc.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Daniel Borunda, Environmental Protection Specialist, Environmental Management Division, USIBWC, 4171 North Mesa Street, C-100, El Paso, Texas 79902 or e-mail: *danielborunda@ibwc.gov* . SUPPLEMENTARY INFORMATION: The Final PEIS analyzes potential effects of the No Action Alternative and a Multi-purpose Project Management

(MPM)Alternative for potential environmental improvements to the Tijuana River FCP. Potential improvements incorporated into the MPM Alternative took into consideration measures for modified management of the floodway, and environmental measures supporting initiatives by federal agencies, local governments, and other organizations conducted, largely, under cooperative agreements. The No Action and MPM alternatives were evaluated in terms of their potential effects on water, biological, cultural and socioeconomic resources, land use, and environmental health issues. Based on the impact analysis, the USIBWC selected the MPM Alternative as the preferred option for improvements to Tijuana River FCP. The MPM Alternative incorporates measures for habitat development and water quality, and is consistent with the core project mission of flood control. Public participation in the PEIS development included a 45-day review period of the Draft PEIS, and a Public Hearing held in the City of Imperial Beach, California on August 30, 2007. Copies of the Final PEIS have been filed with USEPA in accordance with 40 CFR parts 1500-1508 and USIBWC procedures. A Record of Decision on the PEIS alternative selection is anticipated 30 days following the Final PEIS publication date. Dated: May 7, 2008. Susan E. Daniel, Legal Counsel. [FR Doc. E8-10686 Filed 5-13-08; 8:45 am] BILLING CODE 7010-01-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-647] In the Matter of: Certain Hand-Held Meat Tenderizers; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 14, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Jaccard Corporation of Orchard Park, New York. A supplement to the complaint was filed on May 6, 2008. The complaint as supplemented alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain hand-held meat tenderizers by reason of infringement of U.S. Trademark Registration No. 1,172,879 and also by reason of infringement of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complaint further alleges that there exists an industry in the United States with respect to the asserted intellectual property rights. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint and the supplement, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov* . The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone

(202)205-2574. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on May 8, 2008, *ordered that* —

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine:

(a)Whether there is a violation of subsection (a)(1)(C) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain hand-held meat tenderizers by reason of infringement of U.S. Trademark Registration No. 1,172,879, and whether an industry in the United States exists as required by subsection (a)(2) of section 337, or

(b)Whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain hand-held meat tenderizers by reason of infringement of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States;

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainant is— Jaccard Corporation, 3421 North Benzing Road, Orchard Park, New York 14127.

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Keystone Manufacturing Co., Inc., 20 Norris Street, Buffalo, New York 14207. Chefmaster/Mr. Bar-B-Q Inc., 445 Winding Road, Old Bethpage, New York 11804.

(c)The Commission investigative attorney, party to this investigation, is Anne Goalwin, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401B, Washington, DC 20436; and

(4)For the investigation so instituted, the Honorable Paul J. Luckern is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 8, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-10687 Filed 5-13-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-745 (Second Review)] Steel Concrete Reinforcing Bar From Turkey AGENCY: United States International Trade Commission. ACTION: Notice of Commission determination to conduct a full five-year review concerning the antidumping duty order on steel concrete reinforcing bar from Turkey. SUMMARY: The Commission hereby gives notice that it will proceed with a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty order on steel concrete reinforcing bar from Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE: May 6, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this review may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: On May 6, 2008, the Commission determined that it should proceed to a full review in the subject five-year review pursuant to section 751(c)(5) of the Act. The Commission found that both the domestic and respondent interested party group responses to its notice of institution (73 FR 6206, February 1, 2008) were adequate. A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. By order of the Commission. Issued: May 9, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-10765 Filed 5-13-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Antitrust Division Federal Register Notice; Public Comment and Response on Proposed Final Judgment Pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h), the United States hereby publishes below the comment received on the proposed Final Judgment in *United States* v. *Multiple Listing Service of Hilton Head Island* , Inc., No. 9:07-CV-0343 5-SB, which was filed in the United States District Court for the District of South Carolina on March 4, 2008, together with the response of the United States to the comment. Copies of the comments and the response are available for inspection at the Department of Justice, Antitrust Division; 450 Fifth Street, NW.; Suite 1010; Washington, DC 20530 (telephone

(202)514-2481); and at the Office of the Clerk of the United States District Court for the District of South Carolina, Matthew J. Perry Jr. Courthouse, 901 Richland Street, Columbia, South Carolina 29201 (telephone

(803)765-5816). Copies of any of these materials may be obtained upon request and payment of a copying fee. J. Robert Kramer II, Director of Operations, Antitrust Division. United States District Court for the District of South Carolina, Beaufort Division United States of America, Plaintiff v. Multiple Listing Service of Hilton Head Island, Inc., Defendant Civil Action No. 9:07-C V-3435-Sb Response of the United States to Public Comment on the Proposed Final Judgment Pursuant to the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h) (“APPA” or “Tunney Act”), the United States hereby responds to the one public comment received during the public comment period regarding the proposed Final Judgment in this case. After careful consideration of the comment, the United States continues to believe that the proposed Final Judgment will provide an effective and appropriate remedy for the antitrust violation alleged in the Complaint. The United States will move the Court for entry of the proposed Final Judgment after the public comment and this Response have been published in the **Federal Register** , pursuant to 15 U.S.C. 16(d). I. Procedural History On October 18, 2007, the United States filed the Complaint in this matter alleging that the defendant, the Multiple Listing Service of Hilton Head, Inc. (“HHMLS”), enforced certain rules that restrained competition among real estate brokers in Hilton Head, South Carolina. The United States filed a proposed Final Judgment and a Stipulation signed by the United States and the defendant consenting to the entry of the proposed Final Judgement after compliance with the requirements of the APPA. Pursuant to those requirements, a Competitive Impact Statement (“CIS”) was filed in this Court on October 16, 2007; the Proposed Final Judgment and CIS were published in the **Federal Register** on November 27, 2007; and a summary of the terms of the proposed Final Judgment and CIS, together with directions for the submission of written comments relating to the proposed Final Judgment, were published for seven days on November 28, 2007 through December 4, 2007. HHMLS filed the statement required by 15 U.S.C. 16(g) on February 22, 2008. One comment, described below, was received during the 60-day period for public comments, which ended on February 2, 2008. II. Summary of the Complaint's Allegations HHMLS is a joint venture of over one hundred competing licensed residential real estate brokerages and other licensed real estate professionals in the Hilton Head, South Carolina area. HHMLS provides a variety of services to its members, including maintaining a database of current and past listings of properties for sale in the Hilton Head area. Brokers who seek to provide brokerage services in the Hilton Head area regard membership in the MLS as critical to their ability to compete. The Complaint alleges that HHMLS, through a variety of rules and practices:

(1)Denied membership to brokers who would likely compete aggressively on price or through innovative business models;

(2)stabilized prices and restricted consumer choice by prohibiting member brokers from allowing their customers to choose which brokerage services they wish to purchase; and

(3)authorized its Board of Trustees to adopt rules that would regulate commissions and impose discriminatory requirements on Internet-based brokers. By adopting and enforcing these rules and practices, the Complaint alleges that HHMLS restrained competition, reduced consumer choice and stabilized prices for real estate brokerage. III. Summary of Relief To Be Obtained Under the Proposed Final Judgment The proposed Final Judgment is designed to restore competition in the Hilton Head real estate brokerage market by eliminating rules that make it difficult for new brokers to enter the market and by eliminating rules that restrict competition among incumbent brokers. More specifically, the proposed Final Judgment will prevent HHMLS from adopting rules or engaging in practices that:

(1)Exclude active, licensed real estate professionals from participation in the MLS;

(2)deprive some members of services it furnishes to other members;

(3)discriminate against members based on factors such as office location or scope/method of service (such as a fee-for service model or an Internet-based brokerage model);

(4)require members to perform brokerage services in excess of those required by state law;

(5)prescribe the terms of agreements between members and their customers or clients;

(6)bar qualified listings from the MLS;

(7)set compensation standards or guidelines;

(8)charge fees for member changes in ownership;

(9)require members to maintain an office or reside in any particular location; and

(10)alter any of its three membership classes without prior approval of the United States. IV. Standard of Review Upon the publication of the public comment and this Response, the United States will have fully complied with the Tunney Act and will move the Court for entry of the proposed Final Judgment as being “in the public interest.” 15 U.S.C. 16(e), as amended. In making the “public interest” determination, the Court should apply a deferential standard and should withhold its approval only in very limited conditions. See, e.g., *Mass. Sch. of Law at Andover, Inc.* v. *United States* , 118 F.3d 776, 783 (D.C. Cir. 1997). Specifically, the Court should review the proposed Final Judgment in light of the violations charged in the complaint. Id. (quoting *United States* v. *Microsoft Corp.* , 56 F.3d 1448, 1462 (D.C. Cir. 1995)). In making the public interest determination, the Tunney act states that the Court shall consider:

(A)The competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and

(B)The impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. 15 U.S.C. 16(e). The United States described the court's application of the Tunney Act's public interests standard in the Competitive Impact statement filed with the Court on October 16, 2007. V. Summary of Public Comment and the Response of the United States During the sixty-day comment period, the United States received one comment from Richard B. Saunders. Mr. Saunders is the broker/owner of RE/MAX Island Realty of Hilton Head Island, South Carolina and a member of HHMLS. His comment is attached in the accompanying Appendix. After reviewing the comment, the United States continues to believe that the proposed Final Judgment is in the public interest. Mr. Saunders expresses support for the intent of the proposed Final Judgment, but he has a concern about an HHMLS practice relating to the electronic data feed of MLS listings that HHMLS provides its members to enable them to advertise listings on an Internet Web site. Brokers use an electronic data feed to provide information over the Internet in two ways:

(1)To advertise listings on a publically accessible Web site in order to attract prospective clients and

(2)to provide brokerage services over the Internet to clients who have already entered into a “consumer-broker” relationship. As an example of the latter, a broker whose business model includes an Internet brokerage component may create a Web site, often referred to as a Virtual Office Web site or VOW, that is accessible only to customers who have registered on the Web site and agreed to terms of use. Such a broker uses the electronic data feed to provide customers with the same type and quality of listings information that a traditional broker would provide to a client in his office. According to Mr. Saunders, HHMLS provides its members with a lesser data feed for advertising purposes than it provides to non-member, non-brokers, such as Realtor.com (an advertising Web site sponsored by the National Association of Realtors), or to itself for populating its own Web site. In a follow-up conversation with Department of Justice staff, Mr. Saunders explained that HHMLS has excluded certain data fields—including property address—from the electronic feed it provides to members for advertising. He claims this exclusion reduces the functionality of HHMLS members' public advertising Web sites. For example, without electronic access to the address field, a member cannot efficiently provide a mapping function on its publicly-accessible marketing Web site. Under the Tunney Act, a Court's public interest determination is limited to whether the government's proposed Final Judgment remedies the violations alleged in its Complaint. The Government alleged, among other things, that HHMLS's rules deterred the emergence of Internet-based brokerage. As a consequence, the Proposed Final Judgment requires that HHMLS not discriminate against brokers based on the method by which they would provide listings data to their customers. Thus, HHMLS would have to provide to a broker whose business model contains an Internet brokerage component the same electronic data feed it provides to other brokers who service clients through traditional means. Mr. Saunders, however, is concerned about the availability of listings data for use in Internet advertising, not about restrictions on data used to provide brokerage services via a password-protected Internet site. Internet advertising was not a subject of the Government's investigation leading to the complaint in this matter and the Complaint contains no allegation that encompasses the practice about which Mr. Saunders complains. Accordingly, factoring Mr. Saunders' concern into the public interest assessment here would inappropriately construct a “hypothetical case and then evaluate the decree against that case,” something the Tunney Act does not authorize. *United States* v. *Microsoft Corp.* , 56 F.3d at I 459. In any event, the Proposed Final Judgment does not insulate the practice about which Mr. Saunders complains from antitrust scrutiny. The antitrust laws will continue to apply to HHMLS and would proscribe conduct by the Defendant that runs afoul of applicable legal standards. VI. Conclusion After careful consideration of the public comment, the United States concludes that the entry of the proposed Final Judgment will provide an effective and appropriate remedy for the antitrust violations alleged in the Complaint and is therefore in the public interest. Accordingly, after publication in the **Federal Register** pursuant to 15 U.S.C. 16(b) and (d), the United States will move this Court to enter the Final Judgment. Respectfully Submitted, KEVIN F. McDONALD, *Acting United States Attorney* . BY: /s/ Barbara M. Bowens. Barbara M. Bowens (I.D. 4004), Assistant United States Attorney, 1441 Main Street, Suite 500, Columbia, South Carolina 29201, ( 803) 929-3052. Lisa Scanlon, Attorney, Antitrust Division, 325 7th St., NW., Suite 300, Washington, DC 20530,

(202)616-5054. April 9, 2008. Certificate of Service I hereby certify that on April 9, 2008, 1 caused a copy of the foregoing Response to Public Comments to be served on counsel for Defendant via ECF in this matter in the manner set forth below: By: /s/ Barbara M. Bowens, BARBARA M. BOWENS. Jane W. Trinkley, McNair Law Firm, P.A., P.O. Box 11390, Columbia, SC 29211, (via e-mail and first-class mail from Owen Kendler, Esq.). Counsel for Defendant. United States District Court for the District of South Carolina, Beaufort Division United States of America, Plaintiff v. Multiple Listing Service of Hilton Head Island, Inc., Defendant Civil Action No. 9:07-C V-3435-SB Appendix: Public Comment on the Proposed Final Judgment Comment Submitted by Richard B. Saunders December 31, 2007. John Reed, Litigation III Section, Antitrust Division, US Department of Justice, Washington, DC 20530. Subject: United States Department of Justice vs Hilton Head Island Multiple Listing Service Dear Mr. Reed, Assuming that comments are stilt welcome by the Department of Justice regarding the Proposed Final Judgment with the Multiple Listing Service of Hilton Head Island, SC, it is apparent to me that the intent of the document is an attempt to treat all parties relative to our MLS in an equal and unbiased manner, an effort we at RE/MAX Island Realty fully support. In our opinion what the document does not address is that in our opinion every MLS Member should be treated equal regarding information on real properties ultimately supplied to the consumer regardless of whom is supplying the information. Specifically, we believe that our MLS should supply the identical data feeds to all members of the Hilton Head MLS as are currently submitted to third party providers such as realtor.com and even used by the MLS itself on their own Web site that is being marketed in and outside the state of South Carolina. That is not the case today and that glaring deficiency should be addressed and corrected. Our member firms are being discriminated against by their own MLS! This situation should be corrected for that would benefit all members as well as the ultimate consumer. Should you have any questions or comments, please do not hesitate to contact me at your convenience. Thank you very much. Sincerely, Richard B. Saunders, CRB, GRI, SRES Broker/Owner, RE/MAX Island Realty. Dick Saunders, Broker/Owner, RE/MAX Island Realty, 99 Main Street, Hilton Head Island, South Carolina 29926, Office

(843)785-5252 3044, Fax:

(843)785-7188, Toll Free:

(800)343-6821 x3044, *richardbsaunders@earthlink.net, http://www.remaxhiltonhead.com* . [FR Doc. E8-10417 Filed 5-13-08; 8:45 am] BILLING CODE 4410-11-M DEPARTMENT OF JUSTICE National Institute of Corrections Solicitation for a Cooperative Agreement: Identifying Characteristics of High Performing Correctional Organizations AGENCY: National Institute of Corrections, Department of Justice. ACTION: Solicitation for Cooperative Agreement. SUMMARY: The National Institute of Corrections

(NIC)is soliciting proposals from organizations, groups or individuals to enter into a cooperative agreement for a 12-month, developmental phase of a new initiative, “Identifying the Characteristics of High Performing Correctional Organizations.” This project will focus on developing a methodology to allow organizations to build from their strengths to identify and bridge gaps between current performance and optimal performance in terms of efficiency, effectiveness and accountability. *Project Goal:* The products from this cooperative agreement will be to establish a model, accompanying assessment methodology, and appropriate performance measures that define a high performance correctional agency or system. The model will synthesize the literature about building high-performance organizations into diagnostic tools that can be put to practical use by organizations to understand their business practices and overall performance. The intended user of the tools are local and state operated jails, prisons and community corrections agencies or systems. The intended outcome for this project is to establish a model, assessment methodology, performance indicators, and practical strategies to

(1)Develop ways to address agency inefficiencies that result from the lack of a “holistic” and integrated perspective;

(2)establish a core set of values or guiding principles that agencies can apply to correctional disciplines to enhance business practices;

(3)improve organizational performance by assessing strengths, weaknesses, opportunities, resources and threats;

(4)prioritize goals and objectives; and

(5)contain costs associated with operating correctional agencies and systems. This project will: Define the “hard side” of correctional organizations i.e. strategic plan, mission statement, capacity building, policy/procedure etc; their leadership and management philosophy; organizational structure; and other operational characteristics. Identify methods to improve the infrastructure, activities, and outputs of correctional organizations to be better aligned with operational practices, community partnerships, offender reentry and the best use of resources. Identify evidence based and/or best practices. Develop and test tools that can be put to practical use. Develop methods to measure the degree to which correctional organizations are functioning that comprises the actual output or result measured against its intended outputs or goals and objectives in determining performance. DATES: Applications must be received by 4 p.m. EST on Thursday, June 19, 2008. Selection of the successful applicant and notification of review results to all applicants no later than July 31, 2008 for projects to begin by September 1, 2008. ADDRESSES: Mailed applications must be sent to Director, National Institute of Corrections, 320 First Street, NW., Room 5007, Washington, DC 20534. Applicants are encouraged to use Federal Express, UPS, or similar service to ensure delivery by the due date. Hand delivered applications should be brought to 500 First Street, NW., Washington, DC 20534. At the front desk, call

(202)307-3106, extension 0 for pickup. Faxed applications will not be accepted. The only electronic applications (preferred) that will be accepted must be submitted through *http://www.grants.gov.* FOR FURTHER INFORMATION CONTACT: A copy of this announcement and the required application forms can be downloaded from the NIC Web site at *http://www.nicic.gov.* All technical or programmatic questions concerning this announcement should be directed to Sherry Carroll, Correctional Program Specialist, National Institute of Corrections. Ms. Carroll can be reached by calling 1-800-995-6423 ext 0378 or by e-mail at *scarroll@bop.gov.* SUPPLEMENTARY INFORMATION: *Background:* Correctional leaders receive a constant stream of advice on the essential elements and functions that constitute professional correctional management and practices. A large literature, much of it based on studies of private sector practices, exists on the best leadership, management, and organizational strategies to produce high performance organizations. At the same time, there are a number of recommended “best practices” being offered through training and technical assistance by NIC, other government agencies, and professional organizations or from researchers and academicians on how to best operate correctional agencies and systems. To date, however, there has been little progress in identifying which of these many recommendations are related to higher performance and, if related, how they can be measured. *Progress to date:* During 2006, NIC sponsored a workgroup of subject matter experts. The group identified nine categories or core guiding principles considered as important factors in determining criminal justice system performance on the State or local governance level for community corrections. Those principles are:

(1)Leadership and Management Development,

(2)Information and Knowledge Management;

(3)Comprehensive Criminal Justice Planning,

(4)Offender Management

(5)Collaborative Partnerships,

(6)Organizational Development,

(7)Accurate, Fair and Timely Processes,

(8)Stewardship of Public Resources, and

(9)Public Safety. The applicant awarded this cooperative agreement will continue to draw from the literature to further define or shape those principles at a macro level to span across, and determine their applicability to, jails, prisons, and community corrections agencies at the State and local levels. There are several NIC products that can be found on the Internet ( *http://www.nicic.gov* ) that relate to core guiding principles such as collaborative problem solving for criminal justice, implementing evidence based principles in community corrections, gender responsivity principles and leadership/core competencies. *Goals of Identifying Characteristics of a High Performing Correctional Organizations Cooperative Agreement:* The goal is to develop a model that will synthesize the literature about building high-performance organizations into diagnostic tools that can be put to practical use by practitioners and organizations to understand their business practices and overall performance. The project is multi-tiered to include a general set of core principles then tailored to organizational business practices/applications specific to correctional disciplines (jails, prisons and community corrections). If an organization is under-utilizing resources then it may be performing at a level below its potential. The model and assessment tools developed under this award will allow agencies to develop and improve their operational infrastructure and build their capacity in a number of areas. In building capacity agency-wide, it may include, but is not limited to, operational management, organizational development principles, business practices, program and offender management, financial processes, accountability and quality assurance. As this project continues, it will also incorporate the “soft side” or informal characteristics of an organization's culture often referred to as “the way things are really done” and test how and to what degree those cultural factors can, in conjunction with the “hard side” (or formal business practices) either enhance or obstruct efforts to improve performance. The practitioner will have the ability to understand the interaction between both the operational and cultural aspects of an organization. The practitioner can then understand how and why the system operates as it does, employ intervention strategies and improve performance. At selected points in the process, the NIC project manager will have sign off authority for the project to move forward and approval to release any information about the project. The selected sign-off points will be determined as the project plans are developed and approved by NIC. There are three

(3)tasks to be achieved under this cooperative agreement:

(1)Conduct Research, to identify, develop, and test assessment instruments, tools, and resources,

(2)Engage Stakeholders in High Performing Correctional Organization concepts, and

(3)Produce Deliverable Products. Under Task 1, Conduct Research, the project will develop an operational definition of a high performing correctional organization and what business practices/processes they should perform. The definition will be based on a review and synthesis of existing literature from both the public and private sectors on business practices and change strategies that can be tested in correctional agencies or systems. In addition, the project will synthesize previous work on performance measurements for jails, prisons, and community corrections agencies and identify new performance indicators that could be used for each. Subtasks under Task 1 will include: Subtask 1.1: Conduct site visits to organizations considered high performing. Subtask 1.2: Conduct research to validate characteristics and needs of the correctional agencies or systems. Subtask 1.3: Conduct research and analysis of correctional resources for building the framework. Subtask 1.4: Conduct research on strength based, evidence based and best practices. Subtask 1.5: Review current and relevant research on private and public sector business practices. Subtask 1.6: Research literature review on organizational structures (hierarchy, matrix, etc). Under Task 2, Engage stakeholders in High Performing Correctional Organization concepts, the project will engage the field to review and refine the results of Task 1. Subtasks under Task 2 will include: Subtask 2.1: Convene experts and thought leaders (from the corrections field, academia, consultant firms, NIC, and criminal justice system related organizations) to hold meetings and focus groups in contributing to the building of the framework, methodology, and assessment tool. Subtask 2.2: Assist NIC in creating partnership opportunities to inform and advance work. Under Task 3, Produce Deliverable Products, a number of deliverables will be produced as a result of the project's activities. The format of the deliverable products (reports, presentations, and activities) will be defined through the course of the work, but their content is listed below. Subtasks under Task 3 will include: Subtask 3.1: A definition of high performing correctional organizations. Subtask 3.2: A description of the principles, requirements, and measurements of a “high performing” organization for correctional systems (jails, prisons, and community corrections) and “hard-side” business practices. Subtask 3.3: A methodology for engaging agencies in using the framework, assessment processes, tools and resources. Subtask 3.4: A comparison of exiting tools and resources. Subtask 3.5: A set of tools and resources that correctional agencies can use to assess performance, prepare for performance improvements, and implement change efforts. Subtask 3.6: A methodology to test, analyze and modify tools. Subtask 3.7: A basic set of performance indicators appropriate for use in prisons, jails, and community corrections agencies. Subtask 3.8: A protocol for implementing a self-assessment tool. Subtask 3.9: A report suitable for publication on the Initiative's intent, concepts, and application. Subtask 3.10: A written strategy for marketing and increasing receptivity to high performing correctional organizations. *Proposal Preparation:* The successful applicant must demonstrate a logic model for building initially and sustaining over time the capacity required at state and local governance levels. The proposal must include a strategic plan detailing how the work will be organized and completed, project goals and objectives, methodologies, a list of involved persons and their roles, a budget, and experience working with organizational performance and business practices. The proposal and experience should address previously stated goals and objectives in this solicitation. *Required Expertise:* It is highly desirable for the successful applicant to demonstrate experience in: Facilitation of meetings and planning sessions of advisory committee, work groups and other stakeholders. Experience collecting documentation and communicating multi-level strategies, information pieces, progress, time lines, budgets, meetings records and surveys. Management of overall project organization and business processes. Assessing, interpreting and summarizing research in relevant fields. Acting as liaison and manager with research experts connected to the project. Conceptualization of content and process and the ability to translate concepts into appropriate documents and other forms of communication. Experience in guiding multiple organizations/agencies through a significant change process and case studies must be identified in the application. Knowledge of public administration concepts and correctional organization business practices. Display technical writing skills and can provide professional editing services. *Application Requirements:* The application should be concisely written, typed double spaced and reference the “NIC Application Number” and Title provided in this announcement. The application package must include: OMB Standard Form 424, Application for Federal Assistance, a cover letter that identifies the audit agency responsible for the applicant's financial accounts as well as the audit period or fiscal year that the applicant operates under (e.g., July 1 through June 30), a program narrative responding to the requirements in this announcement, a description of the qualifications of the applicant(s), an outline of projected costs, and the following forms: OMB Standard Form 424A, Budget Information—Non-Construction Programs, OMB Standard Form 424B, Assurances—Non-Construction Programs (these forms are available in *http://www.grants.gov* ), DOJ/NIC Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (available at *http://www.nicic.gov/Downloads/PDF/certif-frm.pdf.* ) The program narrative text should be limited to 15 double spaced pages, exclusive of resumes and summaries of experience. Please do not submit full curriculum vitae. A telephone conference will be conducted for persons receiving this solicitation and having a serious intent to respond on Wednesday, June 5, 2008, at 2 p.m. EDST. Please notify Sherry Carroll electronically at *scarroll@bop.gov* by close of business on June 3, 2008, regarding your interest in participating in the conference. You will be provided a call-in number and instructions. Any other questions regarding this solicitation should also be addressed to Sherry Carroll at *scarroll@bop.gov* . *Authority:* Pub. L. 93-415. *Funds Available:* NIC is seeking the applicants' best ideas regarding accomplishment of the scope of work and the related costs for achieving the goals of this solicitation. The final budget and award amount will be negotiated between NIC and the successful applicant. Funds may only be used for the activities that are linked to the desired outcome of the project. No funds are transferred to state or local governments. This project will be a collaborative venture with the NIC Research and Evaluation Division. *Eligibility of Applicants:* An eligible applicant is any public or private agency, educational institution, organization, individual or team with expertise in the described areas. *Review Considerations:* Applications received under this announcement will be subjected to a 3 to 7 person NIC Review Process. *Number of Awards:* One. *NIC Application Number:* 08PEI19. This number should appear as a reference line in the cover letter, and in box 4a of Standard Form 424 and outside of the envelope in which the application is sent. *Catalog of Federal Domestic Assistance Number:* 16.602. *Executive Order 12372:* This program is not subject to the provisions of Executive Order 12372. Morris L. Thigpen, Director, National Institute of Corrections. [FR Doc. E8-10728 Filed 5-13-08; 8:45 am] BILLING CODE 4410-36-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Availability of Funds and Solicitation for Grant Applications

(SGA)for Mentoring, Educational, and Employment Strategies To Improve Academic, Social, and Career Pathway Outcomes AGENCY: Employment and Training Administration, U.S. Department of Labor. *Announcement Type:* Notice of Solicitation for Grant Applications. *Funding Opportunity Number:* SGA/DFA PY 07-09. Catalog Federal Assistance Number: 17.261. SUMMARY: The Employment and Training Administration announces the availability of $49.5 million for grants to serve high schools that have been designated as persistently dangerous by State Educational Agencies for the 2007-2008 school year under section 9532 of the Elementary and Secondary Education Act. The goal of these grants is to reduce violence within these schools through a combination of mentoring, educational, employment, case management, and violence prevention strategies. These grants will be awarded through a competitive process open both to school districts which include persistently dangerous high schools and to community-based organizations

(CBOs)in partnership with these school districts. High schools which have been designated as persistently dangerous this school year are located in the school districts of Baltimore City, New York City, Berkshire Farms (New York), Salem-Keiser (Oregon), Philadelphia, and Puerto Rico. These schools are listed in Section VIIIA below. School districts and CBOs must submit a separate application for each high school that they propose serving, but may submit as many applications as they have eligible schools. Applications submitted by school districts must include plans to have one or more CBOs as sub-grantees/contractors to operate at a minimum the mentoring component. These proposed CBO sub-grantees/contractors do not need to be listed in the application, as the Department strongly encourages the use of competition in selecting sub-grantees and contractors either before or after grant award. Applications submitted by CBOs must have a school district identified as a partner, with a signed memorandum of understanding with the school district included in the application. To be eligible to apply for these grants as a CBO, organizations must be not-for-profit entities and can operate either nationally or locally. This solicitation provides background information and describes the application submission requirements, outlines the process that eligible entities must use to apply for funds covered by this solicitation, and outlines the evaluation criteria used as a basis for selecting the grantees. *Key Dates:* The closing date for receipt of applications under this announcement is June 11, 2008. Application and submission information is explained in detail in Part IV of this SGA. ADDRESSES: Applications that do not meet the conditions set forth in this notice will not be considered. No exceptions to the submission requirements set forth in this notice will be granted. For detailed guidance, please refer to Section IV.C. SUPPLEMENTARY INFORMATION: This solicitation consists of eight parts: Part I provides a description of this funding opportunity. Part II describes the size and nature of the anticipated awards. Part III describes eligibility information. Part IV provides information on the application and submission process. Part V describes the criteria against which applications will be reviewed and explains the proposal review process. Part VI provides award administration information. Part VII contains DOL agency contact information. Part VIII lists additional resources of interest to applicants and other information. I. Funding Opportunity Description The Employment and Training Administration announces the availability of $49.5 million for grants to serve high schools that have been designated as persistently dangerous by State Educational Agencies for the 2007-2008 school year under section 9532 of the Elementary and Secondary Education Act. The goal of these grants is to reduce violence within these schools through a combination of mentoring, educational, employment, case management, and violence prevention strategies. The high schools that have identified this year as persistently dangerous have the following characteristics: • These high schools are quite large—many of them have enrollments of over 1,200, and a couple have enrollments of over 2,000. • In particular, these high schools tend to have very large numbers of ninth graders. Many have over 600 ninth graders, and some have over 700 ninth graders. • The high schools lose great numbers of students between the 9th and 12th grades. Almost all of the schools lose over half of their 9th graders before they reach the 12th grade, and many lose over 60 percent of their 9th graders before they reach the 12th grade. • These schools serve a predominantly poor population, with many of the schools having 70 percent or more of their students eligible for a free or reduced lunch. • Several of the schools are located in census tracts with a poverty rate of 20 percent or more. • The persistently dangerous special education schools that are ungraded but that serve primarily students ages 14 and above also have between 52 percent and 68 percent of their students eligible for a free lunch. These statistics suggest that the problems of violence, crime, low educational achievement, poverty, and joblessness that characterize persistently dangerous schools and the neighborhoods they serve are all interrelated. These various problems can be overwhelming to both individual students and schools, making it very difficult to create a school climate that is safe and in which academic success is the norm. Research by the Center for Social Organization of Schools at Johns Hopkins University suggests that a fundamental problem of troubled high schools is that they have large numbers of incoming ninth graders not prepared academically for high school. 1 A study by the Consortium on Chicago School Research indicates that ninth graders who fail courses are a diverse group, with some who fail almost all of their courses and need sustained interventions, while others fail only one or two courses and could be helped by the school moving towards Ninth Grade Academies. 2 Finally, the Turnaround Challenge report by Mass Insight notes that schools in poor communities need to “proactively address the challenges accompanying their students as they walk in the school house door: from something as basic as finding an impoverished child socks or a coat, to assisting where possible with transportation or health services, and attacking the significant cognitive, social, cultural, and psychological barriers to learning that many children of poverty tend to experience.” 3 1 Robert Balfanz and Nettie Legters, “The Graduation Rate Crisis We Know and What Can Be Done About It”, *Education Week* , July 12, 2006, available at *http://web.jhu.edu/CSOS/graduation-gap/edweek/Crisis_Commentary.pdf.* 2 Melissa Roderick, *Closing the Aspirations-Attainment Gap: Implications for High School Reform, MDRC* , April 2006, available at *http://www.mdrc.org/publications/427/full.pdf* . 3 *The Turnarund Challenge* , Mass Insight Educational Research Institute, 2007, available at *http://www.massinsight.org/resourcefiles/TheTurnaroundChallenge_2007.pdf.* The Department of Labor's intent is to provide sufficient funding through these grants to allow schools to reconfigure in ways that both significantly expand the level of services provided to students and enhance coordination of these services within the school and with the community. Consistent with the research described above, the Department expects that each grant will include three levels of interventions—(1) reforms that affect the whole school;

(2)interventions aimed at particular target groups of at-risk youth, such as entering ninth graders and repeating ninth graders; and

(3)intensive interventions for individual youth who present the greatest challenges relating to misconduct, truancy, and poor school performance. All three levels of interventions should be aimed at improving student attendance, behavior, effort, and course performance. Because persistently dangerous schools tend to have so many ninth graders, the Department sees that an emphasis of these grants will be improving services to entering and repeating ninth graders. The required components for each grant are listed below. In discussing the components we provide various examples of program models, but applicants are free to include in their proposed design program models other than those provided here. To design and carry out these components, each grant must be led by a Turnaround Team that includes the school principal, the principal's immediate supervisor in the school district, and the CBO sub-grantees. The Turnaround Team can also include outside educational and youth development experts and representatives of other partners such as the juvenile justice system, police and school security, foundations, parents, the private sector, and the local Workforce Investment Board. The Turnaround Team is responsible for guiding both the planning and the implementation of the initiative and is to continue this role throughout the term of the grant. The Department expects that in carrying out the various components listed below, grantees will foster connections with neighborhood leaders and institutions which serve youth as part of their missions, such as churches with youth programs, Settlement Houses, Boys and Girls Clubs, Girls Inc., YMCAs, and YWCAs. Representatives from such institutions serving the same neighborhood as the school should be included in the Turnaround Team. Ideally, churches and social service organizations in the neighborhoods served by the school could join together to form a community-wide net to serve at-risk youth and to prevent youth violence, as was done in Boston's 10 Point Coalition. See the description of this effort at *http://www.jsonline.com/story/index.aspx?id=212652* ). #1. *Mentoring* . Each grant must include a mentoring component that integrates the other violence prevention, educational, employment, and case management components provided through the grant. The Department requires that a CBO experienced in providing social services in schools with large numbers of high-risk students or in operating mentoring programs will have the lead in this component of the program. This does not need to be the same CBO that is operating the case management component described below. Mentoring can be provided through volunteers recruited through a variety of ways, and may include one-on-one mentoring, group mentoring, and service-based mentoring. The Department does not expect that every student in the school will have a volunteer mentor, but that a sufficient proportion of students have a mentor to make a difference in the school environment. Points to consider in designing this portion of the project include: • Proposed mentoring projects should seek to address each of three types of mentoring strategies: Personal development mentoring educates and supports youth during times of personal or social stress and provides guidance for decision making; educational or academic mentoring helps a student improve their overall academic achievement; and career mentoring helps the youth develop the necessary skills to enter or continue on a career path. • The proposed mentoring strategies should include a period of mentoring and follow-up that is no less than 18 months in duration. • While starting a volunteer mentoring component may sound easy, it is actually quite difficult to implement. Volunteers need to be recruited, screened, cleared through background checks, trained, correctly matched with youth, and provided ongoing guidance. • Conducting thorough background checks will be necessary before assigning a mentor to a youth. Established mentoring organizations such as the Big Brothers/Big Sisters Program and the National Mentoring Partnership may be helpful in sharing the procedures and data sets that are currently available for conducting background checks. Contact information for local Big Brother/Big Sister Programs can be obtained at *http://www.bbbs.org* . • Information on starting mentorship programs is available at the MENTOR/National Mentoring Partnership Web site at *http://www.mentoring.org/* , including their guide *Elements of Effective Practice* at *http://www.mentoring.org/downloads/mentoring_411.pdf* and their tool kit *How To Build a Successful Mentoring Program Using the Elements of Effective Practice* at *http://www.mentoring.org/downloads/mentoring_413.pdf* . • Faith and community-based organizations may be a good source for recruiting volunteer mentors for youth. For example, the Safer Foundation in Chicago has developed over the years partnerships with faith-based organizations to provide mentors for returning prisoners. See their Web site at *http://www.saferfoundation.org/viewpage.asp?id=349* . • Service-centered mentoring allows adults and youth to get to know each other while working together on community service projects. These can be both small individual projects and large group projects. For larger service-centered mentoring projects, local AmeriCorps and City Year programs may be able to set up such projects with AmeriCorps and City Year volunteers serving as mentors for students. • Local corporations may also be a source for recruiting mentors for students. Programs can be set up in which corporation employees spend part of their work day at the school. • Information on mentoring youth with disabilities can be found at the Partners for Youth with Disabilities Web site at *http://www.pyd.org/national-center/council-goals.htm.* • Applicants may also be able to learn lessons from the Amachi mentoring program, which has been developed by Public/Private Ventures to provide mentors for the children of prisoners. The program's infrastructure and expertise are provided by Big Brothers/Big Sisters of America, which oversees the screening, matching, and training of mentors, and provides mechanisms for monitoring and supporting the mentors. For more information on this program, see *http://www.ppv.org/ppv/publications/assets/167_publication.pdf.* #2. *Educational Strategies.* This component can include school restructuring efforts and alternative learning strategies aimed at getting at the underlying causes of violence, high dropout rates, and low student achievement in the schools. School districts can choose from the options below or propose other strategies that are well thought-out and for which reasonable evidence exists to support their inclusion. There will be sufficient funds in each grant to allow implementing several educational strategies similar to those presented here: • Breaking large schools into houses or career academies. Especially if used for upper level grades in conjunction with the Ninth Grade Academy and Twilight School options discussed below, breaking a large school into career academies can greatly decrease the chances that a student gets lost in the crowd. • Ninth Grade Academies. Such an academy separates ninth graders into a section of their own in the school building, with their own assistant principal, teachers, and counselors. • Twilight Schools. Twilight Schools operate as a school-within-a school in the building with a schedule that runs from early afternoon to early evening. Students feel part of both the Twilight School and the larger school. The Department sees Twilight Schools started under these grants as being targeted during the first year on repeating ninth graders who earned few if any credits the previous year. Research indicates that repeating the ninth grade strongly predicts dropping out of school and that repeating ninth graders need intensive interventions or they will simply fail the ninth grade again. Twilight Schools started under these grants could then be expanded in subsequent years to include both a new set of repeating ninth graders and students who choose to stay in the Twilight School rather than moving back to the regular school. Like Ninth Grade Academies, Twilight Schools started under this grant would have their own section of the building, and their own assistant principal, teachers, and counselors. • Credit Retrieval. A reason that many youth drop out of school is that they become hopelessly behind in credits. Credit retrieval or recovery classes allow students to make up courses that they failed using educational software under the direction of a teacher instead of repeating entire semesters of work. Credit retrieval can be useful to a range of students—helping older youth who are far behind in credits, keeping younger youth from falling too far behind their age cohort in credits, and helping older students who need only a few more credits to graduate. • Block Scheduling. Block scheduling allows students to take four courses for 75 minutes a day each semester instead of seven courses for 50 minutes each. This allows students to focus more on a smaller set of courses, and for teachers to work with a much smaller set of students each semester. Block scheduling gives teachers a chance to work collaboratively in serving each student, and provides additional time for joint planning by teachers. • Double and Triple Doses of Reading and Math. Key predictors of a student dropping out of school are failing ninth grade English or Algebra and having high truancy in the ninth grade. Providing entering and repeating ninth graders with double or triple doses of reading and math during the day can address these causes of youth eventually dropping out of school. • Reduced Class Sizes in Algebra and Selected Other Courses. Reducing class sizes across the high school from say 27 to 22 may have a minimal impact on student performance, but strategically reducing class sizes in difficult subjects such as Algebra from 27 students to 10 could result in a significant increase in performance. • Summer Transition Programs for Entering Ninth Graders. These programs would include identifying and contacting in June the eighth graders who will be attending the high school in the fall, and then providing them with a summer transition program or summer camp to prepare them for high school. These summer programs could focus on anti-violent behavior, peer mediation, study skills, and reading and math remediation. • Vouchers for outside tutoring and supportive services. Such vouchers would allow parents and students to choose among various local organizations to receive tutoring and supportive services aimed at helping the student succeed in school. The Department expects that these various educational interventions will be accompanied by extensive staff development efforts, which will include professional development time devoted to the teacher's academic content area, training on instructional methods, training on teachers collaborating across subject areas, and having teams of expert teachers work on an ongoing basis observing teachers and providing them guidance for improvement. Many of the educational interventions described here combined make up the *Talent Development High School* Model designed by the Center for Social Organization of Schools at Johns Hopkins University, and applicants may select to replicate this entire model. It is described in more detail at the Center's Web site at *http://web.jhu.edu/CSOS/tdhs/index.html.* The educational interventions described here are also consistent with the principles developed by Theodore Sizer in the *Coalition for Essential Schools* model, and applicants may select replicating that model. It is described in more detail at the Coalition for Essential School Web site at *http://www.essentialschools.org/.* The educational interventions described here are also consistent with the middle school reforms recommended by the Carnegie Corporation in their *Turning Points* report, *http://www.carnegie.org/sub/research/index.html#adol.* Applicants may also wish to consider in designing their projects the work of the Consortium on Chicago Public School Research and the Turnaround Challenge report by Mass Insight referenced earlier in this grant announcement. #3. *Employment Strategies.* The employment component should emphasize internships for juniors and seniors in high-growth occupations and industries. These internships can occur during afternoons on school days or during the summer. Points to consider in designing this component include: • To the extent that the school is broken down into career-focused academies, this employment component should be tied to the themes of these academies. See MDRC's research on Career Academies at *http://www.mdrc.org/project_29_1.html.* • These internships should be carefully designed so that students are doing useful work to earn their wages as opposed to job shadowing or sitting idly at their desks. • Developing these internships will require linkages to major corporations in the city, including possibly corporations willing to adopt the school both to provide internships to the students and to have their employees serve as mentors to the students. • Implementing this component will also require developing a partnership with the local workforce system to provide access both to the corporations represented on the Workforce Investment Board and the service providers funded by the local workforce system. • The employment component can also include efforts to expose students to careers and to coordinate with industry-based youth organizations. See the Web sites of Skills USA ( *http://www.skillsusa.org/* ) and Health Occupations Students of America ( *http://www.hosa.org/natorg.html* ). • The employment component should also include efforts to expand the career awareness of students and to make them aware of the educational requirements of various careers. • Some grant funds may be used for wages for these after-school and summer internships. Summer internship efforts should be coordinated where appropriate with summer jobs programs operated by the local Workforce Investment Board. • In designing the employment component, grantees will need to do a scan of existing DOL-funded initiatives in the community, including the WIA formula youth program, WIRED, Beneficiary Choice projects, community-based job training projects, youth offender projects, and high-growth job training grants, to determine potential linkages. #4. *Efforts to Improve the School Environment and Student Behavior.* This component can include conflict resolution classes, anti-bullying efforts, student courts, peer mediation, anger management classes, crisis intervention strategies, increased involvement of parents, and training teachers in effective classroom management. This component should include both school-wide activities and efforts targeted towards the students who are causing the most discipline problems at the school. Resources for developing this component of the program include: • *Safeguarding Our Children: An Action Guide* was produced by the Center for Effective Collaboration and Practice of the American Institutes for Research and the National Association of School Psychologists under a cooperative agreement with the U.S. Department of Education. This guide presents a comprehensive plan for preventing school violence. It is available at *http://cecp.air.org/guide/aifr5_01.pdf.* • The *Resolving Conflict Creatively Program* is a nationally recognized violence prevention program developed by Educators for Social Responsibility (ESR), a non-profit organization that offers comprehensive programming, staff development, and consultation to schools. ESR has also developed a *Partners in Learning Program* specifically for high schools that covers failing students, classroom discipline, school-wide discipline, positive peer culture, peer mediation, and countering bullying. More information is available at *http://www.esrnational.org/index.php?location=high_school&l=hs.* #5. *Case Management.* This component will provide a team of full-time advocates for youth stationed at the school serving as case managers. The Department sees these case managers or advocates as assisting school counselors in addressing the behavioral, truancy, and academic problems of youth, and in linking students to available social services. The Department also sees these case managers or advocates getting to know the parents of youth and making home visits to the youth. The Department expects that a CBO experienced in providing social services in schools with large numbers of at-risk youth will have the lead in operating this component of the program. This can be the same CBO that will be operating the mentoring component or it can be a different CBO. Consistent with the mentoring component, the Department does not expect that every student in the school will be assigned to a case manager or advocate, but that a sufficient proportion of students will be served through this component to make a difference in the school climate. There are many models of in-school case management programs which grantees can use or build upon in developing their own program. Such models include: • The Communities in Schools model emphasizes bringing to schools the social service and health resources available from the community. Site coordinators within schools identify the social service needs of individual students and find the appropriate community resources to address those needs, whether it be eyeglasses, tutoring, food, or a safe place to be. See *http://www.cisnet.org/.* • The Quantum Opportunity Program (QOP), developed by OIC of America, focuses on advocates staying with the same small group of entering ninth graders throughout the students' four or sometimes five years of high school. Each QOP advocate is assigned to roughly 20 entering ninth graders. QOP also includes academic remediation, life skills, and community service components. The QOP model has been evaluated through a random assignment study. The program did not produce impacts overall across the seven sites studied, but did have positive impacts in selected sites and with youth who were under age 14 at enrollment. See *http://www.mathematica-mpr.com/publications/pdfs/QOPfinalimpacts.pdf.* • The Jobs for America's Graduates' Multi-Year Dropout Prevention Program has career specialists within schools working with groups of 35 to 45 students to keep the youth on track to graduation. The program starts working with youth in the ninth grade and continues through graduation and one-year of follow-up after graduation. See *http://www.jag.org/model.htm.* • The Violence-Free Zone model developed by the Center for Neighborhood Enterprise uses mature young adults who are from the same neighborhoods as the students in the schools that they serve. The Youth Advisors serve as hall monitors, mentors, counselors, and role models for youth. See *http://www.cneonline.org/pages/Violence-Free_Zone* • The Futures Program in Baltimore operated by the Mayor's Office of Employment Development provides advocates in schools to offer tutoring, incentives, cultural enrichment, and work experience to youth. See *http://www.oedworks.com/youthserv/index.htm.* • The Partnership for Results program in the Auburn, New York school district uses counselors to conduct home visits and provide links to various social services to families of students with severe behavioral and truancy problems. See *http://www.partnershipforresults.org/.* • The College Bound Foundation model emphasizes assisting students to go on to college. The Foundation places College Access Program Specialists in Baltimore City's public high schools to help students and their parents learn about opportunities to attend college, and to make sure students take academic courses to prepare for college, take the PSAT and SAT tests on time, apply for college admission on time, and apply for available student aid. See *http://www.collegeboundfoundation.org/.* II. Award Information A. Award Amount Grants to serve high schools with enrollments of 1,000 students or more will amount to $3,167,575 a year for each of two years. Grants to serve high schools with enrollments of less than 1,000 students, including ungraded special education schools that primarily serve students ages 14 and above, will amount to $1,781,761 a year for each of two years. The Department expects to award five grants to larger high schools and five grants to smaller high schools. Applicants should request in their proposals the entire $6,335,151 covering two years of operation for the larger high schools and the entire $3,563,523 covering two years of operation for the smaller schools. These grants will be funded incrementally, with roughly 40 percent of the funds being provided in June of 2008 and the balance being provided in October 2008. Each grant may receive additional years of funding depending on the availability of such funds and satisfactory performance. B. Period of Performance Grants will be awarded for an initial 38 month period of performance, which may be later extended with grant officer approval. This period of performance includes a planning period of up to 14 months leading up to the start of the school year in September 2009, and an operations period of two years. Applicants should budget for two years of direct service delivery for each major component. Grantees do not need to use the entire 14-month planning period and can stagger the implementation of their major components. For example, grantees have the option of opening a 9th Grade Academy this fall and then implementing the other major components the following fall. In this case, grantees would still budget the 9th Grade Academy for two years of operation and the remaining components for two years of operation. All program components need to be started by the beginning of the 2009 school year. If grantees start all of their components early, they will complete their two years of operation early before the end of the 38-month period of performance. Grantees must provide separate budgets for planning and operations, and indicate the anticipated length of their planning period. Grantees should be judicious in their use of planning funds and careful to use them specifically for planning components associated with this grant. III. Eligibility Information and Other Grant Specifications A. Eligible Applicants Either school districts or CBOs can apply for these grants. Applications can only be submitted for projects to serve high schools that have been identified by the State Department of Education for the 2007-2008 school year as persistently dangerous under section 9532 of the Elementary and Secondary Education Act. This includes ungraded special education schools that primarily serve students ages 14 and above. High schools that have been identified as persistently dangerous this year are located in the school districts of Baltimore City, New York City, Berkshire Farms (New York), Salem-Keiser (Oregon), Philadelphia, and Puerto Rico. These high schools and their most recently available enrollment level are listed in Section VIIIA below. Schools that had been identified as persistently dangerous this school year, but that have had this designation removed because of successful appeals are not eligible for award. School districts may apply for persistently dangerous schools that are the subject of ongoing appeals regarding their persistently dangerous status, but the application should note that such an appeal is in process and the appeal process will need to be resolved prior to award. School districts applying will need to have one or more CBOs as sub-grantees/contractors to operate at a minimum the mentorship component. These proposed CBO sub-grantees/contractors do not need to be listed in the application, as the Department strongly encourages the use of competition in selecting sub-grantees and contractors either before or after grant award. CBOs applying will need to have the school district as a partner, with a memorandum of understanding signed by the school district included in the application. To be eligible to apply for these grants as a CBO, organizations must be not-for-profit entities and can operate either nationally or locally. Separate applications must be submitted for each high school to be served, but school districts and CBOs may submit as many applications as they have eligible schools. Because the Department intends that activities started with these grants will be sustained over time, school districts and CBOs must include in each application a statement by the school district that there are no plans currently in place to close the school that is the focus of the proposal. Note: DOL/ETA's acceptance of a proposal and award of Federal funds to sponsor any program do not provide a waiver of any grant requirements and/or procedures. OMB Circulars require that an entity's procurement procedures must ensure that all procurement transactions are conducted, as much as practical, to provide open and free competition. If a proposal identifies a specific entity to provide services, the DOL/ETA's award does not provide the justification or basis to sole source the procurement, i.e., avoid competition, unless the activity is regarded as the primary work of an official partner to the application. B. Cost Sharing or Matching There are no cost-sharing or matching requirements for these grants. C. Other Eligibility Requirements All students enrolled in the target high school are eligible for services under this grant, including youth who are no longer attending but still listed as enrolled. D. Legal Rules Pertaining to Inherently Religious Activities by Organizations That Receive Federal Financial Assistance Direct Federal grants, sub-award funds, or contracts under this program shall not be used to support inherently religious activities such as religious instruction, worship, or proselytization. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under this program. Neutral, secular criteria that neither favor nor disfavor religion must be employed in the selection of grant and sub-grant recipients. In addition, under the Workforce Investment Act of 1998 and DOL regulations implementing the Workforce Investment Act, a recipient may not use direct Federal assistance to train a participant in religious activities, or employ participants to construct, operate, or maintain any part of a facility that is used or to be used for religious instruction or worship. See 29 CFR 37.6(f). Under WIA, “no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under Title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.” Regulations pertaining to the Equal Treatment for Faith-Based Organizations, which includes the prohibition against Federal funding of inherently religious activities, can be found at See 29 CFR Part 2, Subpart D. Provision relating to the use of indirect support (such as vouchers) are at 29 CFR 2.33(c) and 20 CFR 667.266. A faith-based organization receiving federal funds retains its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs. For example, a faith-based organization may use space in its facilities to provide secular programs or services funded with Federal funds without removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization that receives Federal funds retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents in accordance with all program requirements, statutes, and other applicable requirements governing the conduct of HHS funded activities. Faith-based and community organizations may reference the “Guidance to Faith-Based and Community Organizations on Partnering with the Federal Government” at: *http://www.whitehouse.gov/government/fbci/guidance/index.html.* IV. Application and Submission Information A. Address To Request Application Package This SGA contains all of the information and links to forms needed to apply for grant funding. B. Content and Form of Application Submission The proposal will consist of two separate and distinct parts—a cost proposal and a technical proposal. Applications that fail to adhere to the instructions in this section will be considered non-responsive and will not be considered. Part I. The Cost Proposal. The Cost Proposal must include the following three items: • The Standard Form

(SF)424, “Application for Federal Assistance” (available at *http://www.whitehouse.gov/omb/grants/sf424.pdf* ). The SF 424 must clearly identify the applicant and be signed by an individual with authority to enter into a grant agreement. Upon confirmation of an award, the individual signing the SF 424 on behalf of the applicant shall be considered the representative of the applicant. • All applicants for Federal grant and funding opportunities are required to have a Dun and Bradstreet

(DUNS)number. See Office of Management and Budget

(OMB)Notice of Final Policy Issuance, 68 FR 38402 (June 27, 2003). Applicants must supply their DUNS number on the SF 424. The DUNS number is a nine-digit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access this Web site: *http://www.dunandbradstreet.com* or call 1-866-705-5711. • The SF 424A Budget Information Form (available at *http://www.whitehouse.gov/omb/grants/sf424a.pdf* ). In preparing the Budget Information Form, the applicant must provide a detailed backup budget for both the planning and operations aspects of the project, with a narrative explanation in support of the request. The budget narrative should break down the budget and leveraged resources by project activity, should discuss cost-per-participant, and should discuss precisely how the administrative costs support the project goals. Administrative costs do not need to be identified separately from program costs on the SF 424A Budget Information Form. Please note that applicants who fail to provide a SF 424, SF 424A and/or a budget narrative will be removed from consideration prior to the technical review process. If the proposal calls for integrating WIA or other Federal funds or includes other leveraged resources, these funds should not be listed on the SF 424 or SF 424A Budget Information Form, but should be described in the budget narrative and in Part II of the proposal. The amount of Federal funding requested for the entire period of performance should be shown on the SF 424 and SF 424A Budget Information Form. Applicants are also encouraged, but not required, to submit OMB Survey N. 1890-0014: Survey on Ensuring Equal Opportunity for Applicants, which can be found at *http://www.doleta.gov/sga/forms.cfm.* Part II. The Technical Proposal. The Technical Proposal will demonstrate the applicant's capability to plan and implement a project in accordance with the provisions of this solicitation. The guidelines for the content of the Technical Proposal are provided in Part V Section A of this SGA. The Technical Proposal is limited to twenty

(20)double-spaced single-sided pages with 12 point text font and one-inch margins. Any pages submitted in excess of this 20 page limit will not be reviewed. In addition, the applicant must provide a one-page abstract of their proposal and a letter from the school superintendent committing to not displace state and local funds going to the high school with these grant funds and stating that there are no plans currently in place to close the high school. Also, CBOs applying for these grants must include evidence of not-for-profit status. These additional materials do not count against the 20-page limit for the Technical Proposal. Applicants submitting proposals in hard-copy must submit an original signed application (including the SF-424) and one

(1)“copy-ready” version free of bindings, staples or protruding tabs to ease in the reproduction of the proposal by DOL. Applicants submitting proposals in hard-copy are also requested, though not required, to provide an electronic copy of the proposal on CD-ROM. C. Submission Date, Times, and Addresses The closing date for receipt of applications under this announcement is June 11, 2008. Applications must be received at the address below, or electronically received at the Web site below, no later than 5 p.m. (Eastern Daylight Saving Time). Applications sent by e-mail, telegram, or facsimile

(fax)will not be accepted. Applications that do not meet the conditions set forth in this notice will not be honored. No exceptions to the mailing and delivery requirements set forth in this notice will be granted. Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James W. Stockton, Reference SGA/DFA PY 07-09, 200 Constitution Avenue, NW., Room N-4716, Washington, DC 20210. Applicants are advised that mail delivery in the Washington area may be delayed due to mail decontamination procedures. Hand-delivered proposals will be received at the above address. All overnight mail will be considered to be hand-delivered and must be received at the designated place by the specified closing date and time. Applicants may apply online through Grants.gov *(http://www.grants.gov).* Any application received after the deadline will not be accepted. It is strongly recommended that that before the applicant begins to write the proposal, applicants immediately review the Grants.gov Web site including all frequently asked questions, and initiate and complete “Get Started” registration steps at *http://www.grants.gov/GetStarted.* These steps may take multiple days to complete, and this time should be factored into plans for electronic application submission in order to avoid facing unexpected delays that could result in rejection of an application as untimely. If submitted electronically through *http://www.grants.gov,* the application must be submitted as either .doc., .pdf., or .xlx files. *Late Applications:* Any application received after the exact date and time specified for receipt at the office designated in this notice will not be considered, unless it is received before awards are made, it was properly addressed, and it was:

(a)Sent by U.S. Postal Service mail, postmarked not later than the fifth calendar day before the date specified for receipt of applications (e.g., an application required to be received by the 20th of the month must be postmarked by the 15th of that month) or

(b)was sent by professional overnight delivery service or properly submitted and accepted by Grants.gov to the addressee not later than one working day prior to the date specified for receipt of applications. It is highly recommended that online submissions be completed one working day prior to the date specified for receipt of applications to ensure that the applicant still has the option to submit by overnight delivery service in the event of any electronic submission problems. Applicants take a significant risk by waiting to the last day to submit by Grants.gov. “Post marked” means a printed, stamped or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable, without further action, as having been supplied or affixed on the date of mailing by an employee of the U.S. Postal Service. Therefore, applicants should request the postal clerk to place a legible hand cancellation “bull's eye” postmark on both the receipt and the package. Failure to adhere to the above instructions will be a basis for a determination of non-responsiveness. Evidence of timely submission by a professional overnight delivery service must be demonstrated by equally reliable evidence created by the delivery service provider indicating the time and place of receipt. Applications may be withdrawn by written notice or telegram (including mailgram) received at any time before an award is made. Applications may be withdrawn in person by the applicant or by an authorized representative thereof, if the representative's identity is made known and the representative signs a receipt for the proposal. D. Intergovernmental Review This funding opportunity is not subject to Executive Order

(EO)12372, “Intergovernmental Review of Federal Programs.” E. Funding Restrictions All proposal costs must be necessary and reasonable in accordance with Federal guidelines. Determinations of allowable costs will be made in accordance with the applicable Federal cost principles. Disallowed costs are those charges to a grant that the grantor agency or its representative determines not to be allowed in accordance with the applicable Federal Cost Principles or other conditions contained in the grant. Applicants will not be entitled to reimbursement of pre-award costs. Funds provided under these grants shall only be used for activities that are in addition to those that would otherwise be available in the local area in the absence of such funds. In accepting funds under this grant as either the grant recipient or sub-recipient, the school district agrees not to divert funds received through this grant to other purposes by reducing the annual budget the school would have received in the absence of the grant. The Department prohibits paying for security officers, police officers, and clinical psychologists with funds provided under this grant. Paying for food is only allowable in circumstances in which it is integral to a training activity. Grant funds may be used to pay wages to students for after-school and summer internships as long as students are assigned real work at these internships, but grant funds cannot be used for paying stipends to youth. Grantees must submit an implementation plan and detailed budget for project officer review and approval prior to starting operations. If grantees are starting some components sooner than others, they can submit separate plans for the components as they are ready to start them. *Indirect Costs.* As specified in OMB Circulars on Cost Principles, indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular cost objective. In order to utilize grant funds for indirect costs incurred, the applicant must obtain an Indirect Cost Rate Agreement with its Federal Cognizant Agency either before or shortly after the grant award. The Federal Cognizant Agency is generally determined based on the preponderance of Federal dollars received by the recipient. *Administrative Costs.* An entity that receives a grant to carry out a project or program may not use more than 10 percent of the amount of the grant to pay administrative costs associated with the program or project. Administrative costs could be both direct and indirect costs and are defined at 20 CFR 667.220. Administrative costs do not need to be identified separately from program costs on the SF 424A Budget Information Form. They should be discussed in the budget narrative and tracked through the grantee's accounting system. To claim any administrative costs that are also indirect costs, the applicant must obtain an Indirect Cost Rate Agreement from its Federal Cognizant Agency as specified above. V. Application Review Information A. Evaluation Criteria This section identifies and describes the criteria that will be used to evaluate proposals submitted. These criteria and point values are: Criterion Points 1. Statement of Need 15 2. Analysis of the problems faced by the school and its students 20 3. Project design 45 4. The commitment of the applicant and the community to the project and the quality of proposed staff 20 Total Possible Points 100 The rated components listed above make up the Technical Proposal (along with the additional requirements listed in section IV. B). 1. Statement of Need (15 points) • Provide the number of students in the school's ninth grade class (both entering ninth graders and repeating ninth graders) in the fall of 2003 and the number of students who graduated from the school in the spring of 2007. If the school includes only grades 10 through 12, provide the number of 10th graders in the fall of 2004 and the number of students who graduated from the school in the spring of 2007. • Discuss the number and severity of behavioral incidents in the school during the past two school years. • Discuss the extent of juvenile crime and youth gangs in the community served by the school. If the school draws students from the entire city, describe the extent of juvenile crime and youth gangs in the communities from which most students are drawn. Where possible, provide data on the level of juvenile crime and youth gang involvement in the community or communities served. • Ungraded schools serving students with special needs should discuss the behavioral issues and academic challenges faced by their students instead of the three discussion points above. Proposals will be evaluated under this criterion based on: • The percentage of students lost between the ninth grade class in the fall of 2003 and the graduating class in the spring of 2007, or for schools that include only grades 10 through 12, the percentage of students lost between the tenth grade class in the fall 2004 and the graduating class in the spring of 2007 (5 points). • The number and severity of behavioral incidents per student in the school during the past two school years (5 points). • The extent of the juvenile crime and youth gang problem in the community served by the school (5 points). • Ungraded schools serving students with special needs will be evaluated based on the severity of the behavioral problems and academic challenges of the students that they serve, with a maximum total of 15 points for their answer. 2. Analysis of the Problems Faced by the School and Its Students (20 points) If a school district is applying, this section should be prepared jointly by the school district and the principal and staff of the high school. If a CBO is applying, it should be prepared jointly by the school district, principal and staff of the high school, and the CBO. The section should present a discussion of the problems and challenges faced by the school and its students, and a discussion of why students drop out without graduating and of why students become involved in behavioral incidents at the school or in juvenile crime or youth gangs outside the school. This section should also provide evidence that the principal and staff of the school were involved in these discussions. Proposals will be evaluated under this criterion based on: • The clarity of the discussion of the problems and challenges faced by the school and its students (10 points). • Evidence that the school principal and staff were active participants in these discussions. Such evidence could include, for example, dates of meetings held (10 points). 3. Project Design (45 Points) We are asking you to describe your project design in two ways in this section—(1) in a summary form in the matrix below and

(2)in a more detailed way in a narrative. Begin this section by filling out the matrix below by inserting the new activities to be funded under this grant that will be directed towards

(1)the whole school;

(2)particular target groups of at-risk youth, such as entering ninth graders and repeating ninth graders; and

(3)individual youth who present the greatest challenges relating to misconduct, truancy, and poor school performance. Use the matrix to show how new activities will be introduced at all three of these levels to improve student attendance, behavior, effort, and course performance. Here are some examples.

(1)If mentors will be provided to particular target groups of students and to individual students with the greatest challenges and if the mentors will attempt to improve student attendance, behavior, motivation, and course performance, then mentoring should be listed in all of the blocks relating to target groups and individual youth.

(2)If tutoring and credit retrieval will be made available to all students, then both of these activities should be listed in the block for initiatives affecting the whole school to improve student course performance.

(3)If conflict resolution skills will be taught to all students in the school, then it should be listed as an initiative affecting the whole school aimed at improving student behavior.

(4)If new counselors are to be hired to conduct home visits to chronically truant students, it should be listed as an initiative aimed at students with greatest challenges to improve attendance.

(5)If a Twilight School will be started for repeating ninth graders to improve their attendance, behavior, motivation, and course performance, it should be listed as an activity in all four blocks for targeted at-risk groups. There can be one, two, three, or more activities listed in each block. Improving student attendance Improving student behavior and reducing violence Improving student effort and motivation Improving student course performance Initiatives Affecting Whole School Initiatives Targeted at Specific At-Risk Groups (for example, all 9th graders, repeating 9th graders, juvenile offenders, and teen parents) Intensive Interventions for Individual Students with Greatest Challenges In addition to completing the matrix, provide a narrative that describes your strategies in detail that includes the following: • More complete information on each of the strategies identified in the matrix, including roles and responsibilities for identified project partners; • Implementation plans to meet the required project components in Part I of the grant announcement: 1. *Turnaround Team:* Discuss who will serve on this team, including community-based and faith-based organizations and groups. Discuss the roles and responsibilities of the Turnaround Team. 2. *Mentoring:* Describe how the mentoring component will be carried out, including how mentors will be recruited, screened, and trained, the anticipated number of students who will receive mentors, and the number of full-time staff to be hired for this component. 3. *Educational Strategies:* Discuss the educational strategies that you will implement with grant funds. Provide details regarding how you will implement each strategy, including the number of full-time staff positions that will be dedicated to each new strategy and the expected number of students to be served each year by each strategy. Describe the level of staff development that will be provided in implementing these educational strategies. If vouchers for after-school tutoring or supportive services are proposed, describe how the vouchers will be implemented in a way consistent with federal Equal Treatment rules on indirect support of religious organizations. 4. *Employment Strategies:* Discuss plans for developing internships for juniors and seniors during the school year or during the summer. Discuss ideas for possible places for these internships, and the number of students expected to be involved in the internships. Describe potential linkages with other DOL-funded formula and discretionary youth employment programs that currently exist in the neighborhood served by the school, and possible links with the local Workforce Investment Board and local One-Stop Centers. 5. *Improving the School Environment and Student Behavior:* Discuss how you will provide students with conflict resolution and anger management skills, how you will in other ways promote violence reduction in the school, and the anticipated number of students to be served by this component. 6. *Case Management:* Discuss plans for carrying out this component, including the number of case managers or advocates you expect to hire, how these case managers or advocates will interact with guidance counselors and staff, the expected number of students to be served each year in this component, and the anticipated case load size. • Projected outcomes to be achieved. Indicate for each component the expected outcomes to be attained. For example, the expected outcomes of the mentoring component may be reducing truancy by 5 percent, reducing behavioral incidents by 10 percent, and increasing the percentage of ninth graders promoted to the 10th grade by 10 percent. Proposals will be evaluated under this criterion based on: • The design for school-wide activities, including its potential for having a measurable impact on the school, the extent to which the applicant demonstrates that it has thought through how it will implement the various school-wide activities, and the extent to which it has considered possible links with other DOL grants and other neighborhood programs (15 points). • The design for initiatives aimed at specific target groups, including its potential for having a measurable impact on the school and the extent to which the applicant demonstrates that it has thought through how it will implement the various target group activities (15 points). • The design for initiatives aimed at students with the greatest challenges, including its potential for having a measurable impact on the school and the extent to which the applicant demonstrates that it has thought through how it will implement the various activities aimed at students with the greatest challenges (15 points). 4. The Commitment of the Applicant and the Community to the Project and the Quality of Proposed Staff (20 points) If the school district is applying, this section should include: • A clear statement indicating the school district's commitment to this project, including a commitment to making a good faith effort to sustain initiatives after federal funds cease using average daily attendance funds and other resources. This statement should be backed up by a letter of support from the school superintendent. This letter should acknowledge that “in accepting funds under this grant as either the grant recipient or sub-recipient, the school district agrees not to divert funds received through this grant to other purposes by reducing the annual budget the school would have received in the absence of the grant” and that no plans are currently in place to close the school. • A description of the experience of key school district staff that will be involved in the project. • A description of the requirements that will go into the grant announcement for selecting CBO sub-grantees/contractors. The Department strongly encourages the competitive selection of sub-grantees and contractors either before or after grant award. • A discussion of the community's potential commitment to the project, including a description of organizations that serve the same neighborhoods as the school that could be potential partners, including churches with youth programs, Settlement Houses, Boys and Girls Clubs, Girls Inc, YMCAs, and YWCAs, and how these organizations could help serve as a community-wide net for at-risk youth. • A discussion of other partners that the school district hopes to develop in implementing this grant, including the juvenile justice system, the local police, the workforce investment system, local foundations, and corporations. If a CBO is applying, this section should include: • A clear statement indicating the school district's commitment to this project, including a commitment to making a good faith effort to sustain initiatives after federal funds cease using average daily attendance funds and other resources. This statement should be backed up by a letter of support from the school superintendent. This letter should acknowledge that “in accepting funds under this grant as either the grant recipient or sub-recipient, the school district agrees not to divert funds received through this grant to other purposes by reducing the annual budget the school would have received in the absence of the grant” and that no plans are currently in place to close the school. • A description of the experience of key CBO and school district staff that will be involved in the project, and of how CBO staff who will serving students will be recruited. • A description of the experience of the CBO either in providing social services in schools with large numbers of at-risk students or in operating mentoring or other youth-serving programs. • A description of the requirements that will go into the grant announcement for selecting other CBOs as sub-grantees/contractors. The Department strongly encourages the competitive selection of sub-grantees and contractors either before or after grant award. • A discussion of the community's potential commitment to the project, including a description of organizations that serve the same neighborhoods as the school that could be potential partners, and how these organizations could help serve as a community-wide net for at-risk youth. • A discussion of other partners that the CBO and school district hope to develop in implementing this grant, including the juvenile justice system, the local police, the workforce investment system, local foundations, and corporations. If a school district is applying, proposals will be evaluated under this criterion based on: • The commitment of the school district to the project, as demonstrated in the letter of support from the school superintendent and evidence in the application that staff at the school district level will be involved in designing and overseeing the proposed project (4 points); • The experience of school district staff assigned to the project, as demonstrated by their involvement in other efforts to improve and restructure high schools (4 points); • The requirements that will be included in the grant announcement for selecting CBO sub-grantees (4 points); • The potential commitment of the community to the project, as demonstrated by the description of organizations that serve the same neighborhoods as the school that could be potential partners and how these organizations could help serve as a community-wide net for at-risk youth (4 points). • Plans for developing partnerships with other agencies and organizations, as demonstrated by how specific and practical such plans are (4 points). If a CBO is applying, proposals will be evaluated under this criterion based on: • The commitment of the school district to the project, as demonstrated in the letter of support from the school superintendent and evidence in the application that staff at the school district level will be involved in designing and overseeing the proposed project (4 points); • The experience of CBO and school district staff assigned to the project, as demonstrated by their involvement in other efforts to improve and restructure high schools (4 points); • The experience of the CBO either in providing social services in schools with large numbers of at-risk students or in operating mentoring or other youth-serving programs (4 points). • The potential commitment of the community to the project, as demonstrated by the description of organizations that serve the same neighborhoods as the school that could be potential partners and how these organizations could help serve as a community-wide net for at-risk youth (4 points); • Plans for developing partnerships with other agencies and organizations, as demonstrated by how specific and practical such plans are (4 points). B. Review and Selection Process Proposals that are timely and responsive to the requirements of this SGA will be rated against the criteria listed above by an independent panel comprised of representatives from DOL. The ranked scores will serve as the primary basis for selection of applications for funding, in conjunction with other factors such as geographic balance; the availability of funds; and which proposals are most advantageous to the Government. Applications that receive a score of 80 and above will be considered for award. The panel results are advisory in nature and not binding on the Grant Officer, and the Grant Officer may consider any information that comes to his/her attention. The Government may elect to award the grant(s) with or without discussions with the applicants. Should a grant be awarded without discussions, the award will be based on the applicant's signature on the SF 424, which constitutes a binding offer by the applicant (including electronic signature via E-Authentication on ( *http://www.grants.gov* ). C. Anticipated Announcement and Award Dates The anticipated date of announcement and award is June 30, 2008. Both school districts and CBOs applying for these grants should include in their technical proposals the name and contact information for persons who will be available for discussions with the Department in late June when awards are made. VI. Award Administration Information A. Award Notices All award notifications will be posted on the ETA homepage ( *http://www.doleta.gov* ). The notice of award signed by the Grants Officer will serve as the authorizing document. Applicants not selected for award will be notified as soon as possible. B. Administrative and National Policy Requirements 1. Administrative Program Requirements All grantees, including faith-based organizations, will be subject to all applicable Federal laws (including provisions of appropriation laws), regulations, and the applicable OMB Circulars. The grant(s) awarded under this SGA must comply with all provisions of this solicitation and will be subject to the following statutory and administrative standards and provisions, as applicable to the particular grantee: 1. 20 Code of Federal Regulations

(CFR)667.220, administrative costs; 2. Non-Profit Organizations—OMB Circular A-122 (cost principles) and 29 CFR part 95 (administrative requirements); 3. Educational Institutions—OMB Circular A-21 (cost principles) and 29 CFR part 95 (administrative requirements); 4. State, local and Indian Tribal—OMB Circular A-87 (cost principles) and 29 CFR part 97 (administrative requirements); 5. All entities must comply with 29 CFR parts 93 and 98 and, where applicable, 29 CFR parts 96 and 99; 6. In accordance with Section 18 of the Lobbying Disclosure Act of 1995, Public Law 104-65 (2 U.S.C. 1611), non-profit entities incorporated under Internal Revenue Service Code section 501(c)(4) that engage in lobbying activities are not eligible to receive Federal funds and grants; 7. 29 CFR Part 2, subpart D—Equal Treatment in Department of Labor Programs for Religious Organizations; Protection of Religious Liberty of Department of Labor Social Service Providers and Beneficiaries; 8. 29 CFR Part 30—Equal Employment Opportunity in Registered Apprenticeship and Training; 9. 29 CFR Part 31—Nondiscrimination in Federally Assisted Programs of the Department of Labor—Effectuation of Title VI of the Civil Rights Act of 1964; 10. 29 CFR Part 32—Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance; 11. 29 CFR Part 33—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Labor; 12. 29 CFR Part 35—Nondiscrimination on the Basis of Age in Program or Activities Receiving Federal Financial Assistance from the Department of Labor; 13. 29 CFR Part 36—Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance; 14. 29 CFR Part 37—Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998 (WIA); 15. 29 CFR Part 1926, Safety and Health Regulations for Construction of the Occupational Safety and Health Act (OSHA); and 16. 29 CFR Part 570, Child Labor Regulations, Orders and Statements of Interpretation of the Employment Standard Administration's Child Labor Provisions. 2. Special Program Requirements *Evaluation.* DOL will require that grantees participate in an evaluation of overall performance. To measure the effect of the project, DOL will arrange for or conduct an independent evaluation of the outcomes and benefits of the project. The grantee must agree to make records on participants, employers and funding available, and to provide access to program operating personnel and participants, as specified by the evaluator(s) under the direction of DOL, including after the expiration date of the grant. *ETA Intellectual Property Rights.* Applicants should note that grantees must agree to provide DOL/ETA a fully paid, nonexclusive and irrevocable license to reproduce, publish, or otherwise use for Federal purposes all products developed or for which ownership was purchased under an award, including but not limited to curricula, training models, technical assistance products, and any related materials. Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise. C. Reporting and Accountability These grants will be subject to performance standards measuring their progress in meeting the goals of the grants. The problems of truancy, failing the ninth grade, having low reading and math skills, dropping out of school, creating behavioral problems in school, and participating in violence and gangs are all interrelated, and the performance measures for these grades will reflect each of these. National goals will be set after grant award in the following areas: • Decreasing the number and seriousness of behavioral incidents at the school: This will require tracking the number and type of behavioral incidents at the school each year. This information is already collected by school districts. • Decreasing the number of students who become involved in the juvenile justice system: This will require increased coordination with the city's juvenile justice system. Such increased coordination also will have positive benefits in serving youth involved in delinquency, as research shows that such youth currently have very poor educational outcomes. • Improving the high school's daily attendance rate: This will involve tracking the high school's daily attendance. High schools and school districts already collect this information. • Decreasing its rate of students failing the ninth grade: This will require tracking the number of entering ninth graders who fail the ninth grade and the number of repeating ninth grade who fail the ninth grade a second time. High schools and school districts already collect this information. • Increasing the reading and math scores of its students: This will involve conducting baseline and follow-up reading and math tests of students. DOL will accept the results of reading and math tests already being conducted by high schools that are the focus of these grants. Given that some special groups of youth such as repeating ninth graders or entering ninth graders will likely receive more concentrated reading and math instruction under this grant, it will make sense from both a programmatic and a performance management standpoint to provide additional reading and math testing of these students. • Decreasing the school's dropout rate: This will require tracking the number of students in the school's ninth grade each year and the subsequent number of students who graduate four years later. High schools and school districts already collect such information. • Increasing the proportion of the school's graduating seniors who are placed in post-secondary education or employment: This will involve documenting the number of seniors who have either been accepted into a college or have been placed in employment at the time of their graduation. High schools already collect such information on college acceptances of students, and this would add looking at whether youth who are not going on to college have jobs that they will enter. • The cost-effectiveness of the program: DOL will coordinate with grantees in setting this measure and in identifying the data sources necessary for this element. Quarterly financial reports, quarterly progress reports, and MIS data will be submitted by the grantee electronically. Grantees must agree to meet DOL reporting requirements. The grantee is required to provide the reports and documents listed below: *Quarterly Financial Reports.* A Quarterly Financial Status Report is required until such time as all funds have been expended or the grant period has expired, whichever is sooner. Quarterly reports are due 45 days after the end of each calendar year quarter. Grantees must use ETA's On-Line Electronic Reporting System; information and instructions will be provided to grantees. *Quarterly Progress Reports.* The grantee must submit a quarterly progress report based on a DOL template to its designated Federal Project Officer within 45 days after the end of each quarter. This report should provide a detailed account of activities undertaken during that quarter. The quarterly progress report should be in narrative form and should include: 1. In-depth information on accomplishments, including project success stories, upcoming grant activities, and promising approaches and processes. 2. Progress toward meeting performance outcomes. 3. Challenges being faced by the grantee in implementing the project. *MIS Reports.* Organizations will be required to submit updated MIS data within 45 days after the end of each quarter based on a DOL template that reports on enrollment, services provided, placements, outcomes, and follow-up status. VII. Agency Contacts For further information regarding this SGA, please contact B. Jai Johnson, Grants Management Specialist, Division of Federal Assistance, at

(202)693-3296 (please note this is not a toll-free number). Applicants should fax all technical questions to

(202)693-2705 and must specifically address the fax to the attention of B. Jai Johnson and should include SGA/DFA PY 06-10, a contact name, fax and phone number, and e-mail address. This announcement is being made available on the ETA Web site at *http://www.doleta.gov/sga/sga.cfm* , at *http://www.grants.gov* , and in the **Federal Register** . VIII. Additional Resources and Other Information A. High Schools and Ungraded Schools That Serve Primarily Students Ages 14 and Above That Have Been Designated as Persistently Dangerous for the 2007-2008 School Year Maryland • Dr. W.E.B. Dubois High School, Baltimore, 684 students. • Liberal Arts Academy—Walbrook Campus, Baltimore, 389 students. New York • Jamaica High School, New York City, 2,489 students. • Samuel Tilden High School, New York City, 2,295 students. • The American Sign Language and English Dual Language High School, New York City, 166 students. • Berkshire Junior-Senior High School, Canaan, 185 students. • PS 12, New York City, 246 students ages 14 and above. • PS 752, New York City, 535 students ages 14 and above. • PS 754, New York City, 472 students ages 14 and above. • PS 811, New York City. There are four PS 811 schools in New York City, depending which one has been designated persistently dangerous it is eligible if it serves primarily students ages 14 and above. Oregon • McKay High School, Salem, 1,791 students. Pennsylvania • Frankford High School, Philadelphia, 2,057 students. • Germantown High School, Philadelphia, 1,496 students. • John Bartram High School, Philadelphia, 1,931 students. • Abraham Lincoln High School, Philadelphia, 1,970 students. • Martin Luther King High School, Philadelphia, 1,655 students. • Overbrook High School, Philadelphia, 1,993 students. • Samuel Fels High School, Philadelphia, 1,546 students. • South Philadelphia High School, Philadelphia, 1,469 students. • Thomas Fitzsimons High School, Philadelphia, 613 students. • University City High School, Philadelphia, 1,639 students. • West Philadelphia High School, Philadelphia, 1,217 students. Puerto Rico • Superior Dra. Trina Padilla de Sanz, Arecibo, 732 students. • Superior Dr. Rafael Lopez Landron, Guayama, 1,094 students. • Superior Benito Cerezo, Aguadilla, 616 students. • Superior Medardo Carazo, Trujillo Alto, 781 students. • Superior Judith Vivas, Utuado, 443 students. • Superior Lorenzo Coballes Gandia, Hatillo, 800 students. B. Resources for the Applicant DOL maintains a number of Web-based resources that may be of assistance to applicants: • Questions and responses submitted to the Grant Officer regarding the SGA will be posted on the Employment and Training Web site at *http://www.doleta.gov* . Questions will be received for one month after publication. C. Other Information OMB Information Collection No. 1205-0458. Expires September 30, 2009. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 20 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimated or any other aspect of this collection of information, including suggestions for reducing this burden, to the OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED APPLICATION TO THE OMB. SEND IT TO THE SPONSORING AGENCY AS SPECIFIED IN THIS SOLICITATION. This information is being collected for the purpose of awarding a grant. The information collected through this “Solicitation for Grant Applications” will be used by the Department of Labor to ensure that grants are awarded to the applicant best suited to perform the functions of the grant. Submission of this information is required in order for the applicant to be considered for award of this grant. Unless otherwise specifically noted in this announcement, information submitted in the respondent's application is not considered to be confidential. Signed at Washington, DC, this 8th day of May, 2008. James W. Stockton, Grant Officer. [FR Doc. E8-10688 Filed 5-13-08; 8:45 am] BILLING CODE 4510-FN-P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel AGENCY: The National Endowment for the Humanities. ACTION: Notice of meetings. SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Heather C. Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone

(202)606-8322. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Endowment's TDD terminal on

(202)606-8282. SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and

(6)of section 552b of Title 5, United States Code. 1. *Date:* June 2, 2008. *Time:* 9 a.m. to 5 p.m. *Room:* 402. *Program:* This meeting will review applications for Digital Humanities Start Up Grants, submitted to the Office of Digital Humanities, at the April 2, 2008, deadline. 2. *Date:* June 2, 2008. *Time:* 2 p.m. to 5 p.m. *Room:* 421. *Program:* This meeting, which will be by teleconference, will review applications for America's Media Makers, submitted to the Division of Public Programs, at the August 27, 2008, deadline. 3. *Date:* June 4, 2008. *Time:* 9 a.m. to 5 p.m. *Room:* 415. *Program:* This meeting will review applications for Advancing Knowledge in Preservation and Access Advancing Knowledge, submitted to the Division of Preservation and Access, at the March 18, 2008, deadline. 4. *Date:* June 9, 2008. *Time:* 9 a.m. to 5 p.m. *Room:* 402. *Program:* This meeting will review applications for Digital Humanities Start Up Grants, submitted to the Office of Digital Humanities, at the April 2, 2008, deadline. 5. *Date:* June 11, 2008. *Time:* 9 a.m. to 5 p.m. *Room:* 402. *Program:* This meeting will review applications for Institutes for Advanced Topics in the Digital Humanities, submitted to the Office of Digital Humanities, at the April 9, 2008, deadline. Heather C. Gottry, Acting Advisory Committee Management Officer. [FR Doc. E8-10781 Filed 5-13-08; 8:45 am] BILLING CODE 7536-01-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Advisory Panel Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Public Law 92-463), as amended, notice is hereby given that six meetings of the Arts Advisory Panel to the National Council on the Arts will be held at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending times are approximate): *Media Arts* (application review): June 2-4, 2008 in Room 716. This meeting, from 9 a.m. to 5:45 p.m. on June 2nd, from 9 a.m. to 6 p.m. on June 3rd, and from 9 a.m. to 4 p.m. on June 4th, will be closed. *Musical Theater* (application review): June 3-4, 2008 in Room 714. A portion of this meeting, from 2 p.m. to 3 p.m. on June 4th, will be open to the public for a policy discussion. The remainder of the meeting, from 9 a.m. to 5 p.m. on June 3rd and from 9 a.m. to 2 p.m. and 3 p.m. to 4:30 p.m., will be closed. *Design* (application review): June 5-6, 2008 in Room 716. A portion of this meeting, from 11:30 a.m. to 12:30 p.m. on June 6th, will be open to the public for a policy discussion. The remainder of the meeting, from 9 a.m. to 5:30 p.m. on June 5th, and from 9 a.m. to 11:30 a.m. and 12:30 p.m. to 3:30 p.m. on June 6th, will be closed. *Local Arts Agencies* (application review): June 10-11, 2008 in Room 730. A portion of this meeting, from 11:45 a.m. to 12:30 p.m. on June 11th, will be open to the public for a policy discussion. The remainder of the meeting, from 8:45 a.m. to 5:30 p.m. on June 10th, and from 9 a.m. to 11:45 a.m. and 12:30 p.m. to 12:45 p.m. on June 11th, will be closed. *Presenting* (application review): June 18, 2008 in Room 716. This meeting, from 8:30 a.m. to 5:30 p.m., will be closed. *Presenting* (application review): June 19, 2008 in Room 716. This meeting, from 9 a.m. to 4 p.m., will be closed. The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of February 28, 2008, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code. Any person may observe meetings, or portions thereof, of advisory panels that are open to the public, and if time allows, may be permitted to participate in the panel's discussions at the discretion of the panel chairman. If you need special accommodations due to a disability, please contact the Office of AccessAbility, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202/682-5532, TDY-TDD 202/682-5496, at least seven

(7)days prior to the meeting. Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or call 202/682-5691. Dated: May 8, 2008. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. E8-10713 Filed 5-13-08; 8:45 am] BILLING CODE 7537-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-482] Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating Station; Notice of Availability of the Final Supplement 32 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Regarding the License Renewal of Wolf Creek Generating Station Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, Commission) has published a final plant-specific supplement to the “Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS),” NUREG-1437, regarding the renewal of operating license NPF-42 for an additional 20 years of operation for the Wolf Creek Generating Station (Wolf Creek). Wolf Creek is located 3.5 miles northeast of the town of Burlington, in Coffey County, Kansas. It is approximately 75 miles southwest of Kansas City and approximately 3.5 miles east of the Neosho River and the John Redmond Reservoir. The nearest population center, Emporia, is 28 miles west-northwest of the site. Other nearby communities are New Strawn and Burlington. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. As discussed in Section 9.3 of the final Supplement 32, based on:

(1)The analysis and findings in the GEIS;

(2)the Environmental Report submitted by Wolf Creek Nuclear Operating Corporation;

(3)consultation with Federal, State, and local agencies;

(4)the staff's own independent review; and

(5)the staff's consideration of public comments, the recommendation of the staff is that the Commission determine that the adverse environmental impacts of license renewal for Wolf Creek are not so great that preserving the option of license renewal for energy-planning decision makers would be unreasonable. The final Supplement 32 to the GEIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or from the NRC's Agency-wide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at *http://adamswebsearch.nrc.gov/dologin.htm.* The Accession Number for the final Supplement 32 to the GEIS is ML081260608. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR Reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at *pdr@nrc.gov.* The Accession Number for the final Supplement 32 to the GEIS is ML081260608. In addition, the Kansas Public Library Burlington Branch in Burlington, Kansas, has agreed to make the final Supplement available for public inspection. FOR FURTHER INFORMATION CONTACT: Mr. Tam Tran, Project Branch 1, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O-11F1, Washington, DC 20555-0001. Mr. Tran may be contacted by telephone at 1-800-368-5642, extension 3617 or via e-mail at *Tam.Tran@nrc.gov.* Dated at Rockville, Maryland, this 8th day of May, 2008. For the Nuclear Regulatory Commission. Louise Lund, Branch Chief, Project Branch 1, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E8-10822 Filed 5-13-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Submission for OMB Review; Comment Request for Extension, Without Change, of a Currently Approved Information Collection: RI 38-47 AGENCY: Office of Personnel Management. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management

(OPM)has submitted to the Office of Management and Budget

(OMB)a request for extension, without change, of a currently approved information collection. RI 38-47, Information and Instructions on Your Reconsideration Rights, outlines the procedures required to request reconsideration of an initial OPM decision about Civil Service or Federal Employees retirement, Federal or Retired Federal Employees Health Benefits requests to enroll or change enrollment, or Federal Employees' Group Life Insurance coverage. This form lists the procedures and time periods required for requesting reconsideration. Approximately 3,100 annuitants and survivors request reconsideration annually. We estimate it takes approximately 45 minutes to apply. The annual burden is 2,325 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on

(202)606-8358, FAX

(202)418-3251 or via E-mail to *MaryBeth.Smith-Toomey@opm.gov.* Please include a mailing address with your request. DATES: Comments on this proposal should be received within 30 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to— Ronald W. Melton, Deputy Assistant Director, Retirement Services Program, Center for Retirement and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3305, Washington, DC 20415-3500; and Brenda Aguilar, OPM Desk Officer, Office of Information & Regulatory Affairs, Office of Management and Budget, New Executive Office Building, NW., Room 10235, Washington, DC 20503. *For Information Regarding Administrative Coordination Contact:* Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/Support Group,

(202)606-0623. U.S. Office of Personnel Management. Howard Weizmann, Deputy Director. [FR Doc. E8-10754 Filed 5-13-08; 8:45 am] BILLING CODE 6325-38-P SECURITIES AND EXCHANGE COMMISSION [Release No. IC-28263; File No. 812-13455] Prudential Retirement Insurance and Annuity Company, et al., Notice of Application May 7, 2008. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of application for an order approving the terms of certain offers of exchange pursuant to Section 11 of the Investment Company Act of 1940 (the “1940 Act”). *Applicants:* Prudential Retirement Insurance and Annuity Company (“PRIAC”), the PRIAC Variable Contract Account A (the “PRIAC Account”), and Prudential Investment Management Services LLC (“PIMS”) (collectively, the “Applicants”). *Summary of Application:* Applicants request an order on behalf of PRIAC and any current or future affiliated life insurance company (each an “Insurance Company” and collectively, the “Insurance Companies”), the PRIAC Account and any current or future separate account of an Insurance Company (each a “Separate Account” and collectively, the “Separate Accounts”), and PIMS and any current or future broker-dealer affiliated with an Insurance Company serving as principal underwriter of variable annuity contracts issued by an Insurance Company or registered open-end management investment companies advised by an affiliate of an Insurance Company (each a “Distributor” and collectively, the “Distributors”) pursuant to Section 11 of the 1940 Act approving the terms of certain offers of exchange between certain variable annuity contract subaccounts and certain registered open-end management investment companies. *Filing Date:* The application was filed on November 29, 2007, and an amended and restated application was filed on May 2, 2008. *Hearing or Notification of Hearing:* An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving Applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on May 29, 2008, and should be accompanied by proof of service on Applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Secretary of the Commission. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. Applicants: John M. Ewing, Vice President and Corporate Counsel, The Prudential Insurance Company of America, 200 Wood Avenue South, Iselin, NJ 08830-2706, with a copy to Christopher E. Palmer, Goodwin Procter LLP, 901 New York Avenue, NW., Washington, DC 20001. FOR FURTHER INFORMATION CONTACT: Mark A. Cowan, Senior Counsel, or Zandra Y. Bailes, Branch Chief, Office of Insurance Products, Division of Investment Management, at

(202)551-6795. SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application is available for a fee from the Public Reference Branch of the Commission, 100 F Street, NE., Washington, DC 20549,

(202)551-8090. Applicants' Representations 1. PRIAC is a stock life insurance company incorporated under the laws of Connecticut. PRIAC is an indirect wholly-owned subsidiary of Prudential Financial, Inc. 2. The PRIAC Account was established by PRIAC as a separate account under Connecticut law and is registered under the 1940 Act as a unit investment trust for the purpose of funding certain variable annuity contracts issued by PRIAC (the “Contracts”). Security interests under the Contracts have been registered under the Securities Act of 1933 (the “1933 Act”). The PRIAC Account currently has five subaccounts, each of which invests exclusively in a single corresponding portfolio of the Advanced Series Trust (“AST”). AST is a Massachusetts business trust and is registered under the 1940 Act as an open-end management investment company with multiple separate series or portfolios. Shares of the AST portfolios are sold to insurance company separate accounts, including the PRIAC Account, and are registered under the 1933 Act. AST is advised by Prudential Investments LLC and AST Investment Services, Inc., both of which are indirect wholly-owned subsidiaries of Prudential Financial, Inc. 3. PIMS is registered with the Commission as a broker-dealer and is a member of the Financial Industry Regulatory Authority. PIMS is an indirect wholly-owned subsidiary of Prudential Financial, Inc. PIMS serves as the distributor and principal underwriter of the Contracts. PIMS also serves as distributor and principal underwriter for the registered open-end management investment companies advised by Prudential Investments LLC and/or AST Investment Services, Inc. (any such current or future investment company advised by Prudential LLC, AST Investment Services, Inc. or an affiliate, or series thereof, hereinafter referred to as a “Prudential Mutual Fund” and collectively, the “Prudential Mutual Funds”). 4. Applicants and their affiliates propose to offer certain retirement programs, each of which is designed to provide participants (“Participants”) in a single coordinated program a selection of investment options, including both Contracts and mutual fund options, and the ability to periodically transfer their account values among the investment options without charge (each a “Program” and collectively, the “Programs”). The Programs are designed to serve the retirement income needs of Participants by combining the benefits of direct investments in mutual funds with the insurance benefits available through variable annuity contracts, including benefits designed to provide guaranteed withdrawal benefits for the life of the Participant and/or his or her spouse. Applicants have designed two Programs, which are described below, and Applicants may in the future design additional similar Programs. 5. The first Program (the “IRA Program”) is an individual retirement account (“IRA”) that qualifies for federal tax benefits under Section 408 of the Internal Revenue Code of 1986, as amended (the “Code”). The IRA will be funded by a rollover transaction from certain employment based retirement plans or arrangements administered by PRIAC or its affiliates or from certain group annuity contracts issued by PRIAC. 6. Participants in the IRA Program may allocate their investments to a Contract and/or to certain Prudential Mutual Funds. 1 1 Participants may also direct investments under the IRA Program to an annuity contract offering a fixed rate investment option (the “Fixed Rate Annuity Contract”). Interests under the Fixed Rate Annuity Contract are exempt from registration under the 1933 Act under Section 3(a)(8) of the 1933 Act. Because the interests under the Fixed Rate Annuity Contract are not securities issued by a registered investment company, Applicants are not seeking exemptive relief with respect to exchanges to and from the Fixed Rate Annuity Contract. 7. The Contract permits Contract owners to allocate Contract value to and among four subaccounts of the PRIAC Account (each, a “Subaccount” and collectively, the “Subaccounts”). Each current Subaccount invests in an AST asset allocation portfolio. The Contract permits transfers of Contract value among the Subaccounts subject to certain restrictions set forth in the Contract prospectus. The Contract offers a guaranteed withdrawal benefit which guarantees certain minimum withdrawal amounts for the life of the Participant and/or his or her spouse subject to certain conditions (the “Guaranteed Withdrawal Benefit”). 8. PIMS currently makes available to the IRA Program shares of the following 16 Prudential Mutual Funds: Jennison 20/20 Focus Fund; Dryden Government Income Fund, Inc.; Dryden Index Series Fund; Jennison Small Company Fund, Inc.; The Prudential Investment Portfolios, Inc. (Jennison Growth Fund); Jennison Mid-Cap Growth Fund, Inc.; JennisonDryden Portfolios (Jennison Value Fund); The Target Portfolio Trust (Large Capitalization Growth, Small Capitalization Growth; International Equity; Total Return Bond, Large Capitalization Value, Small Capitalization Value); Jennison Natural Resources Fund, Inc.; Jennison Sector Funds, Inc. (Jennison Utility Fund); Dryden High Yield Fund, Inc.; and MoneyMart Assets, Inc. 9. PIMS may make available shares of additional Prudential Mutual Funds in the future. Any class of shares of a Prudential Mutual Fund made available in the IRA Program are not subject to any sales charges on purchases or any sales charges or other withdrawal charges on redemption. No fee or charge applies to any exchange from one Prudential Mutual Fund to another Prudential Mutual Fund within the IRA Program. The Prudential Mutual Funds permit exchanges between multiple funds subject to certain conditions set forth in the prospectuses for the Prudential Mutual Funds. Therefore, Participants are permitted to transfer from one Prudential Mutual Fund to another Prudential Mutual Fund subject to the conditions set forth in the prospectuses. 10. Participants in the IRA Program are charged an overall asset-based account fee for the IRA account and also bear the expenses of the investment options available under the IRA Program. The IRA account fee varies by account size and ranges from an annual rate of 0.25% to 1.10% of assets in the IRA Program, subject to a minimum annual fee of $100 and a maximum annual fee of $500. The Contract does not impose any sales charges on investments in the Contract or any sales charges or other withdrawal charges on withdrawals from or surrenders of the Contract. PRIAC reserves the right to charge a maximum transfer fee of $30 per transfer after the twelfth transfer among investment options in the Contract in any one Contract year, but it currently does not impose any transfer fee. PRIAC may also deduct the charge for premium taxes imposed on PRIAC by certain states or jurisdictions, which currently range from 0% to 3.5% of Contract value. No premium tax deduction will be applied to any exchange between a Subaccount and a Prudential Mutual Fund under the IRA Program. The Contract provides for the following periodic expenses. PRIAC reserves the right to charge an annual Contract fee of up to $150, but currently does not assess this charge. PRIAC assesses the following charges, expressed as an annual percentage of Contract value: insurance and administrative charge (maximum charge of 1.60% and current charge of 0.50%); base Guaranteed Withdrawal Benefit charge (maximum charge of 1.45% and current charge of 0.95%); and optional spousal Guaranteed Withdrawal Benefit charge (maximum charge of 0.60% and current charge of 0.50%). Investments in the Contract also bear indirectly the fees and expenses of the underlying AST portfolios. Investments in the shares of Prudential Mutual Funds available under the IRA Program are not subject to any sales charges on purchases or any sales charges or other withdrawal charges on redemption. No fee or charge applies to any exchange from one Prudential Mutual Fund to another Prudential Mutual Fund under the IRA Program. Investments in the Prudential Mutual Funds are subject to ongoing fees and expenses. 11. The second Program (the “Retirement Plan Program”) is designed for ongoing retirement arrangements that qualify for federal tax benefits under Section 401(a), 403 or 457 of the Code and certain non-qualified arrangements. The Retirement Plan Program permits Participants to allocate program investments to a Contract and/or to certain Prudential Mutual Funds. 2 2 Participants may also direct investments to the Fixed Rate Annuity Contract. Participants may also direct investments to registered open-end investment companies for which Applicants or their affiliates do not serve as investment adviser or principal underwriter (the “Unaffiliated Mutual Funds”). Because the Unaffiliated Mutual Funds and their principal underwriters are not affiliated with Applicants, Applicants are not seeking exemptive relief with respect to exchanges to and from the Unaffiliated Mutual Funds. 12. The Contract used in the Retirement Plan Program is substantially identical to the Contract used in the IRA Program, with minor changes needed to reflect the existence of an employment based retirement plan and plan sponsor and related provisions required by tax law. 13. PIMS currently makes available to the Retirement Plan Program shares of the following Prudential Mutual Funds: Dryden Total Return Bond Fund, Inc.; Jennison 20/20 Focus Fund; Dryden California Municipal Fund (California Income Series); Dryden Government Income Fund, Inc.; Cash Accumulation Trust (Liquid Assets Fund); Dryden Index Series Fund; Dryden Global Real Estate Fund; Jennison Small Company Fund, Inc.; Prudential Institutional Liquidity Portfolio, Inc. (Institutional Money Market Series); The Prudential Investment Portfolios, Inc. (Dryden Active Allocation Fund, Jennison Growth Fund, Jennison Equity Opportunity Fund, JennisonDryden Conservative Allocation Fund, JennisonDryden Moderate Allocation Fund, JennisonDryden Growth Allocation Fund); Dryden Municipal Bond Fund (Insured Series, High Income Series); Dryden Tax-Managed Funds (Dryden Large-Cap Core Equity Fund); Dryden Small-Cap Core Equity Fund, Inc.; Jennison Mid-Cap Growth Fund, Inc.; JennisonDryden Portfolios (Jennison Value Fund, Dryden U.S. Equity Active Extension Fund); Prudential World Fund, Inc. (Jennison Global Growth Fund, Dryden International Equity Fund, Dryden International Value Fund); The Target Portfolio Trust (Large Capitalization Growth, Small Capitalization Growth; International Equity; Total Return Bond, Mortgage Backed Securities, Large Capitalization Value, Small Capitalization Value, International Bond, Intermediate-Term Bond, U.S. Government Money Market); Target Asset Allocation Funds (Target Conservative Allocation Fund, Target Moderate Allocation Fund, Target Growth Allocation Fund); Strategic Partners Style Specific Funds (Jennison Conservative Growth Fund, Dryden Small Capitalization Value Fund); Strategic Partners Opportunity Funds (Jennison Select Growth, Dryden Strategic Value Fund); Strategic Partners Mutual Funds, Inc. (Dryden Mid-Cap Value Fund, Jennison Equity Income Fund, Dryden Money Market Fund); Dryden Government Securities Trust (Money Market Series); Jennison Blend Fund, Inc.; Jennison Natural Resources Fund, Inc.; Jennison Sector Funds, Inc. (Jennison Financial Services Fund, Jennison Health Sciences Fund, Jennison Utility Fund); Nicholas-Applegate Fund, Inc.; Dryden Global Total Return Fund, Inc.; Dryden High Yield Fund, Inc.; MoneyMart Assets, Inc.; Prudential Tax-Free Money Fund, Inc. (Dryden Tax-Free Money Fund); Dryden National Municipals Fund, Inc.; and Dryden Short-Term Bond Fund, Inc. 14. PIMS may make available shares of additional Prudential Mutual Funds in the future. Any class of shares of a Prudential Mutual Fund made available in the Retirement Plan Program are not subject to any sales charges on purchases or any sales charges or other withdrawal charges on redemption. No fee or charge applies to any exchange from one Prudential Mutual Fund to another Prudential Mutual Fund. Investments in the Prudential Mutual Funds are subject to ongoing fees and expenses. 15. Unlike the IRA Program, there is no set account fee under the Retirement Plan Program. Instead, each plan sponsor negotiates an administrative services agreement with PRIAC or an affiliate under which PRIAC or the affiliate provides recordkeeping and other services to the Plan. Although the terms of these administrative services agreements vary from plan to plan, in all cases no transaction fees are charged for exchanges from one investment option to another investment option under the Program. 16. The Programs are designed to provide flexibility to transfer value among the investment options available under the Program. Applicants state that under existing procedures and Rules 11a-2 and 11a-3 under the 1940 Act, exchanges may be made among the Variable Annuity Subaccounts and exchanges may be made among the Prudential Mutual Funds. 17. Applicants propose to add an additional exchange feature under the Programs. In particular, Applicants propose that Participants be permitted to transfer value:

(1)From a Separate Account to a Prudential Mutual Fund; and

(2)from a Prudential Mutual Fund to a Separate Account. Applicants seek a Commission Order under Section 11 of the 1940 Act to permit this additional exchange feature. 18. Applicants represent that the exchange feature under any Program will meet the following conditions:

(a)No sales charge or other charge will be assessed in connection with a withdrawal from a Separate Account to be transferred to a Prudential Mutual Fund;

(b)No sales charge or other charge will be assessed in connection with an allocation to a Separate Account from a transfer from a Prudential Mutual Fund;

(c)The Distributor will offer in the Program only classes of Prudential Mutual Funds that do not charge any sales or other charges on purchases or redemption;

(d)The exchange will not be a taxable event or have adverse tax consequences for the Participant; and

(e)the Separate Account prospectus will disclose the terms of the exchange feature, including

(i)the fact that Applicants reserve the right to terminate or modify the Program upon notice,

(ii)any limitations on exchanges, and

(iii)the effect of an exchange on any Contract benefits, including the Guaranteed Withdrawal Benefit. 19. Applicants state that exchanges will be subject to any rules or procedures established under the Contract or established by the Prudential Mutual Funds with respect to transfers and redemptions generally, including minimum transfer amounts and policies and procedures relating to frequent transfers and abusive trading practices. Applicants also reserve the right to implement exchange limitations for the Programs generally. No fees or charges will be assessed in connection with any exchange from a Separate Account to a Prudential Mutual Fund or from a Prudential Mutual Fund to a Separate Account. 20. Applicants intend to make this exchange feature available on an ongoing basis to all Participants, but reserve the right to terminate the offer with respect to all or any of the investment options with advance notice to affected Participants. Applicants' Legal Analysis 1. Section 11(a) of the 1940 Act provides, in pertinent part, that “[i]t shall be unlawful for any registered open-end company or any principal underwriter for such a company to make or cause to be made an offer to the holder of a security of such company or of any other open-end investment company to exchange his security for a security in the same or another such company on any basis other than the relative net asset values of the respective securities to be exchanged, unless the terms of the offer have first been submitted to and approved by the Commission or are in accordance with such rules and regulations as the Commission may have prescribed in respect of such offers which are in effect at the time such offer is made.” Section 11(c) provides that, irrespective of the basis of exchange, subsection

(a)shall be applicable to any offer of exchange of any security of a registered open-end company for a security of a registered unit investment trust, or to any offer of exchange of any security of a registered unit investment trust for the securities of any other investment company. Although all the proposed exchanges would be at net asset value, the involvement of any registered unit investment trust (such as a Separate Account) requires a prior order of approval of the Commission. 2. The legislative history of Section 11 indicates that the purpose of the provision is to provide the Commission with an opportunity to review the terms of certain offers of exchange to ensure that a proposed offer is not being made “solely for the purpose of exacting additional selling charges.” H. Rep. No. 2639, 76th Cong., 2d Sess. 8 (1940). One of the practices Congress sought to prevent through Section 11 was the practice of inducing investors to switch securities so that the promoter could charge investors another sales load. Applicants assert that the proposed offers of exchange involve no possibility of such abuse. 3. Applicants assert that, because the proposed exchange offers for which approval is sought will be based on the relative net asset values or unit values of the interests being exchanged, there is no possibility of the abuse to which Section 11 was directed. Nevertheless, because each of the proposed exchange offers involves a unit investment trust, Section 11(c) makes Section 11(a) inapplicable irrespective of the basis of the exchange. Applicants state that exemptive relief is necessary for Applicants to offer the proposed exchange feature. 4. Applicants note that previous applications under Section 11(a) and orders granting those applications appropriately have focused on sales loads or sales load differentials and administrative fees to be imposed for effecting a proposed exchange. Rule 11a-2, adopted under Section 11 of the 1940 Act, provides blanket Commission approval of certain types of offers of exchange of one variable annuity contract for another, or of one variable life insurance contract for another. Applicants state that adoption of Rule 11a-3 represents the most recent Commission action under Section 11 of the 1940 Act. As with Rule 11a-2, the focus of the Rule is primarily on sales and administrative charges that would be incurred by investors for effecting exchanges. Applicants submit that the terms of the proposed offer are consistent with Rule 11a-3 because no sales or administrative charge will be incurred as a result of the exchange. Because one investment company involved in the proposed exchange offer is organized as a unit investment trust rather than as a management investment company, Applicants believe that they may not rely upon Rule 11a-3. Class Relief 1. Applicants request that the Order extend to all similarly situated current and affiliated entities, defined previously as Insurance Companies, Separate Accounts and Distributors. Applicants also request that the Order extend to all variable annuity contracts issued by an Insurance Company that are substantially similar to the Contracts and to any share class of any Prudential Mutual Fund for which there are no front-end sales charges or deferred sales charges. 2. Applicants submit that providing class relief is appropriate. Applicants assert that because no front-end or deferred sales charges are applicable and all exchanges will be at relative net asset value, there will be no possibility of the abuses Congress sought to prevent through Section 11. Furthermore, without such exemptive relief, before Participants could be given any additional exchange options, Applicants would have to apply for and obtain additional approval orders. Applicants believe that such additional applications would present no new issues under the 1940 Act not already addressed in the application. Conclusion For the reasons and upon the facts summarized above, Applicants submit that the proposed exchange offers at net asset value do not involve any of the abuses that Section 11 is designed to prevent and provide a benefit to Participants by expanding exchange privileges under Programs designed to provide a mix of investment options and annuity benefits for retirement savings. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10705 Filed 5-13-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings **Federal Register** Citation of Previous Announcement: [To be published]. Status: Open Meeting. Place: 100 F Street, NE., Washington, DC. Date and Time of Previously Announced Meeting: May 14, 2008 at 10 a.m. Change in the Meeting: Additional Item Date Change. The following matter will be considered during the 10 a.m. Open Meeting scheduled for Wednesday, May 21, 2008, at 10 a.m., in the Auditorium, Room L-002: The Commission will consider whether to propose amendments to provide for mutual fund risk/return summary information to be filed with the Commission in interactive data format. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at

(202)942-7070. Dated: May 8, 2008. Nancy M. Morris, Secretary. [FR Doc. E8-10720 Filed 5-13-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on May 15, 2008 at 10 a.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and

(10)and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Atkins, as duty officer, voted to consider the items listed for the Closed Meeting in closed session. The subject matter of the Closed Meeting scheduled for May 15, 2008 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Resolution of litigation claims; and an Adjudicatory matter. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at

(202)551-5400. Dated: May 8, 2008. Nancy M. Morris, Secretary. [FR Doc. E8-10721 Filed 5-13-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57803; File No. SR-NASD-2005-114] Self-Regulatory Organizations; National Association of Securities Dealers, Inc. (n/k/a Financial Industry Regulatory Authority, Inc.); Order Approving Proposed Rule Change and Amendment Nos. 1, 2, 3, and 4 Thereto and Notice of Filing and Order Granting Accelerated Approval to Amendment No. 5 Relating to the Regulation of Compensation, Fees and Expenses in Public Offerings of Real Estate Investment Trusts and Direct Participation Programs May 8, 2008. I. Introduction On September 28, 2005, the National Association of Securities Dealers, Inc. (“NASD”) 1 filed with the Securities and Exchange Commission (“SEC” or “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 2 and Rule 19b-4 thereunder, 3 proposed amendments to NASD Rule 2810. On June 12, 2006, NASD filed Amendment No. 1 to the proposed rule change. 4 The proposed rule change was published for comment in the **Federal Register** on July 17, 2006 (“Original Proposal”), 5 and the Commission received six comments. 6 1 On July 26, 2007, the Commission approved a proposed rule change filed by NASD to amend NASD's Certificate of Incorporation to reflect its name change to Financial Industry Regulatory Authority, Inc., or FINRA, in connection with the consolidation of the member firm regulatory functions of NASD and NYSE Regulation, Inc. *See* Securities Exchange Act Release No. 56146 (July 26, 2007), 72 FR 42190 (Aug. 1, 2007). 2 15 U.S.C. 78s(b)(1). 3 17 CFR 240.19b-4. 4 Amendment No. 1 replaced and superseded the original rule filing. 5 *See* Securities Exchange Act Release No. 54118 (July 10, 2006), 71 FR 40569 (July 17, 2006) (SR-NASD-2005-114). 6 *See* letters from the Committee on Federal Regulation of Securities of the American Bar Association (Keith F. Higgins), dated Aug. 22, 2006; North American Securities Administrators Association (Patricia D. Struck), dated Aug. 11, 2006; Dominion Investor Services, Inc. (Kevin P. Takacs), dated Aug. 7, 2006; Investment Program Association (Rosemarie Thurston), dated Aug. 7, 2006; the Securities Division of Office of the Secretary of the Commonwealth of Massachusetts (Bryan Lantagne), dated Aug. 4, 2006; and Cambridge Legacy Group (Frank Akridge, Jr.), dated Aug. 4, 2006. On April 16, 2007, NASD submitted Amendment No. 2 to the proposed rule change, and on November 9, 2007 and January 2, 2008, FINRA submitted Amendment No. 3 and No. 4, respectively, to the proposed rule change. 7 The Commission published the proposed rule change, as amended, for comment in the **Federal Register** on January 31, 2008 (“Revised Proposal”), 8 and the Commission received six comments, which are discussed below in Section III. 9 On April 11, 2008, FINRA submitted Amendment No. 5 to the proposed rule change. 10 7 Each amendment replaced and superseded the earlier amendment. Amendment No. 4 also responded to comments on the Original Proposal. 8 *See* Securities Exchange Act Release No. 57199 (Jan. 25, 2008), 73 FR 5885 (Jan. 31, 2008) (SR-NASD-2005-114). 9 *See* letters from R.J. O'Brien Fund Management, LLC (Annette A. Cazenave), dated Apr. 28, 2008 (“R.J. O'Brien”); Michael V. Scillia, ASG Securities, Inc., dated Feb. 24, 2008 (“Scillia”); Committee on Federal Regulation of Securities of the American Bar Association (Keith F. Higgins), dated Feb. 22, 2006 (“ABA Committee”); Snyder Kearney LLC, dated Feb. 21, 2008 (“Snyder”); David Lerner, David Lerner Associates, Inc., dated Feb. 21, 2008 (“Lerner”); and Investment Program Association (Jack L. Hollander), dated Feb. 21, 2006 (“IPA”). 10 Amendment No. 5 responded to comments on the Revised Proposal and proposed several amendments to the proposed rule change. This notice and order solicits comment from interested persons on Amendment No. 5 and approves the proposed rule change, as amended, on an accelerated basis. The text of the proposed rule change is available at *http://www.finra.org* , the principal offices of FINRA, and the Commission's Public Reference Room. II. Description of the Proposed Rule Change As discussed in more detail in the Original Proposal and Revised Proposal, FINRA is proposing to amend NASD Rule 2810 to address the regulation of compensation, fees and expenses in public offerings of direct participation programs (as defined in NASD Rule 2810(a)(4)) (“DPPs”) and unlisted real estate investment trusts (as defined in NASD Rule 2340(d)(4)) (“REITs”) (collectively “Investment Programs”). 11 Specifically, the proposed rule change addresses:

(1)Compensation limitations and the use and allocation of offering proceeds;

(2)disclosure regarding the liquidity of prior programs offered by the same sponsor;

(3)sales loads on reinvested dividends; and

(4)non-cash compensation provisions regarding the appropriate location for training and education meetings. The proposed rule change also adds REITs to provisions that already apply to DPPs, but does not make any substantive changes to these sections. 12 11 The DPPs and REITs that comprise Investment Programs typically are structured so that several affiliated entities make up the program. The affiliated entities include the sponsor, the trust or limited partnership, and a broker-dealer. 12 *See* proposed amendments to Rule 2810(b)(3)(A), Rule 2810(b)(4)(A), Rule 2810(b)(4)(B)(v), Rules 2810(b)(4)(D)-(G) and Rule 2810(b)(5). The proposed amendment to Rule 2810(b)(4)(G) also corrects a typographical error by citing “subparagraph (C),” instead of “subparagraph (E)” under the existing rule. III. Summary of Comments Received and FINRA Response In Amendment No. 5, FINRA responded to comments on the Revised Proposal and proposed additional amendments to the proposed rule change. A. Registered Representatives Engaged in *de minimis* and Incidental Sales Activities The proposed amendment to Rule 2810(b)(4)(C)(ii)(c) would exclude from the underwriting compensation limit 13 payments to registered representatives, including dual employees, engaged in the solicitation, marketing, distribution or sales of the offering whose functions in connection with that offering are solely and exclusively clerical and ministerial. The IPA suggested that this should be revised to permit a *de minimis* exception for payments to registered representatives whose functions are predominantly—i.e., at least 95 percent of the employee's time—clerical or ministerial, but who on rare occasions may go beyond performing solely clerical and ministerial functions, such as answering questions. 13 The underwriting compensation payable to underwriters, broker-dealers, or affiliates may not exceed ten percent of the gross proceeds of the offering, regardless of the source from which the compensation is derived. *See* current Rule 2810(b)(4)(B)(i) and Notice to Members 82-51. As explained in the Revised Proposal, the ten percent figure currently is FINRA policy. The proposed amendment to Rule 2810(b)(4)(B)(ii) would expressly state that all items of compensation shall not exceed ten percent of the gross proceeds of the offering. FINRA stated that the proposed amendment to Rule 2810(b)(4)(C)(ii)(c)(2) was intended to achieve clarity and ease of administration by excluding only those registered representatives whose functions are “solely and exclusively clerical and ministerial.” In response to comments, FINRA has amended proposed Rule 2810(b)(4)(C)(ii)(c)(3) to include registered representatives engaged in sales activities provided those activities are “ *de minimis* and incidental to his or her clerical or ministerial functions.” However, FINRA stated that it did not intend to adopt a particular metric with respect to this exception, such as percentage of time spent, as it could serve as a tool to evade the purpose and spirit of the rule. FINRA stated that it expected the “ *de minimis* and incidental” exception to be a very narrow one for registered persons whose sales activities are truly incidental to their job functions. FINRA noted that the exception in the proposed amendment to Rule 2810(b)(4)(D) for firms with “ten or fewer registered representatives” engaged in wholesaling is intended to apply to those firms that are most likely to have a need for personnel performing multiple functions. B. Calculating Items of Underwriting Compensation Two commenters stated that proposed amendments to Rules 2810(b)(4)(C)(ii)(a)-(c) could result in double counting certain items for purposes of the underwriting compensation limit. 14 For example, these commenters stated that payments received by a member that would be counted as underwriting compensation under the proposed amendment to Rule 2810(b)(4)(C)(ii)(a) would have to be counted again for purposes of the proposed amendments to Rules 2810(b)(4)(C)(ii)(b)-(c) when the member re-allows the payments to its registered representatives. 14 ABA Committee and IPA. FINRA responded that it did not intend that items of compensation already required to be counted under proposed amendments to Rule 2810(b)(4)(C)(ii)(a) be double-counted for purposes of the underwriting compensation limit. In response to these comments, FINRA has revised the proposed amendments to Rules 2801(b)(4)(C)(ii)(b)-(c). 15 15 The ABA Committee also requested that the language in the proposed amendment to Rule 2810(b)(4)(B)(ii) be modified slightly to rearrange some commas and clarify that trail commissions are not paid with offering proceeds. FINRA has revised the text accordingly. C. Allocation of Compensation to Dual Employees in Connection With More Than One Offering Two commenters addressed proposed guidance with respect to allocation of payments to dual employees for purposes of the underwriting compensation limit where the dual employees receive payments for services in connection with more than one offering. 16 Footnote 36 of the Revised Proposal provided guidance (“Guidance”) 17 that if a dual employee receives compensation for services provided in connection with more than one public offering, or for private placements in addition to offerings of Investment Programs, payments to such employees may be reasonably allocated between the offerings based on the time periods in which the employee was engaged in the offerings, if they are distinct, or based on the relative size of the offerings. 16 ABA Committee and IPA. 17 The Guidance appeared in the purpose section of the Revised Proposal and not the proposed rule text. The ABA Committee and IPA sought clarification as to whether the Guidance would apply only to dual employees to whom the exceptions from the underwriting compensation set forth in the proposed amendment to Rule 2810(b)(4)(D) are available. FINRA responded that its Corporate Financing Department (the “Department”) will allocate compensation among multiple offerings with regard to all relevant payments and expenses, not just those for dual employees. The IPA also stated that the concepts addressed in the Guidance should be incorporated into the proposed amendments to Rule 2810 with general application to payments to dual employees among multiple offerings, not just the exceptions in Proposed Rule 2810(b)(4)(D). The ABA Committee suggested that the Guidance should allow the allocation of the salary of any registered representative. FINRA responded that it will continue its longstanding practice, with respect to a registered representative receiving compensation for services provided in connection with more than one public offering, or for private placements in addition to offerings of Investment Programs, of allowing payments to such registered representatives to be allocated between the offerings on a reasonable basis taking into account relevant factors, including the time periods spent on particular offerings, the relative sizes of the offerings and the number of investors in each. FINRA noted that, in the course of its review of particular offerings, information and representations by members with respect to such factors will vary. As a result, FINRA determined not to codify these factors and their respective weights in the proposed rule change, but rather will continue its current review practices that permit reasonable basis allocations. D. Analysis of Employee Compensation 1. Per Employee Analysis in All Investment Programs The proposed amendment to Rule 2810(b)(4)(D) would have excepted from the underwriting compensation limit, subject to the Department's determination, some portion of the non-transaction-based payments to a registered representative dual employee of an Investment Program with “fewer than ten people engaged in wholesaling.” The ABA Committee suggested that the exception should instead be available to smaller members that have fewer than ten registered representatives engaged in wholesaling with respect to an Investment Program in order to avoid the inclusion of persons who are not registered in the calculation. 18 18 The ABA Committee also stated that the rule should be amended to clarify that it applies to a dual employee of a “member and the sponsor, issuer or other affiliate.” The IPA also asked FINRA to clarify the proposed rule to provide that in determining whether there are fewer than ten people engaged in wholesaling, only those persons engaged in wholesaling for a particular Investment Program should be counted, rather than all registered representatives who are employed by a sponsor or affiliate and engaged in wholesaling some other product of the sponsor or affiliate. The Revised Proposal explained that the Department would engage in the same detailed job function analysis with respect to certain compensation associated with smaller Investment Programs as it would with respect to certain compensation of the ten highest paid executives in any Investment Program. Accordingly, a member could provide detailed per-employee information to the Department from which the Department could conclude that certain salary and other non- transaction-based compensation provided to the employee could be allocated to issuer expenses. In response to these comments, FINRA has amended the exception to clarify that for every program or REIT filed for review, the Department will engage in the detailed per-employee analysis. The proposed amendment to Rule 2810(b)(4)(D) would apply to “ten or fewer registered representatives” engaged in wholesaling if they are dual employees in a smaller Investment Program and to the ten highest paid executives in any Investment Program. 19 FINRA also clarified that the rule would only apply to “ten or fewer registered representatives [of an Investment Program] engaged in wholesaling.” FINRA also clarified that the rule applied to a dual employee of a “member and the sponsor, issuer or other affiliate.” 20 19 The wholesaling exception discussed in the Revised Proposal would have been available to an Investment Program with “fewer than ten people” engaged in wholesaling. In response to comments, FINRA stated that allowing the exception for “ten or fewer” registered representatives rather than “fewer than ten” would be consistent with the goal of clarity and ease of administration. 20 Telephone conversation among Gary Goldsholle, Vice President and Associate General Counsel, FINRA; Joseph Price, Vice President, Corporate Financing, FINRA; Adam Arkel, Assistant General Counsel, FINRA; Lourdes Gonzalez, Assistant Chief Counsel—Sales Practices, Commission; and Michael Hershaft, Special Counsel, Commission (May 7, 2008). The ABA Committee also suggested that the calculation of the number of persons engaged in wholesaling should only include those registered representatives directly contacting other members to solicit new selling agreements with respect to the specific Investment Program. FINRA disagreed. As discussed in the Revised Proposal, the Department expects to conduct accurate and efficient reviews of the individual's job functions to determine whether the exceptions in proposed amendment to Rule 2810(b)(4)(D) would be available. FINRA stated that it does not believe it is useful or appropriate to conduct a two-step analysis of each registered representative's functions (to analyze every registered representative's activities to determine whether ten or fewer were engaged in wholesaling with regard to a specific Investment Program, and then to analyze the job functions of up to ten registered representatives to determine what portion of payments to them should be included in the underwriting compensation calculation). 2. Top Ten Executives The proposed amendment to Rule 2810(b)(4)(D) would except from the underwriting compensation limit, subject to the Department's determination, some portion of the non-transaction-based payments to a registered representative dual employee who is one of the top ten highest paid executives based on non-transaction-based compensation in any Investment Program. The ABA Committee sought clarification as to whether the executives to whom this exception would be available must be registered representative dual employees. As discussed above, FINRA has amended the exception to make this clarification. Two commenters stated that the exception should not require that the dual employees must be executives or have executive titles. 21 Further, both commenters suggested that the top-ten calculation should be based on non-transaction-based compensation “in connection with” an Investment Program. 22 21 ABA Committee and IPA. 22 *Id.* FINRA responded that the term “executive” is not intended as a formal job designation or title, but rather as a characterization of the registered representative dual employee's role in the Investment Program. As explained in the Revised Proposal, the Department believes that it can identify and evaluate a small group of individuals performing executive job functions within an Investment Program. However, FINRA disagreed with the suggestion of amending the rule to base the top ten executive calculation on non-transaction-based compensation “in connection with” a particular Investment Program. As with firms with up to ten registered representatives engaged in wholesaling, FINRA does not believe it is useful or appropriate to conduct a two-step analysis for each executive (to determine the extent to which each executive's compensation varies and is attributable to particular programs in order to identify the relevant executives eligible for the exception, and then to determine what portion of payments to them should be included in the underwriting compensation calculation). E. Issuer Expenses 1. Overhead Expenses Both the ABA Committee and the IPA stated that the proposed amendment to Rule 2810(b)(4)(C)(i) should be revised to clarify that issuer expenses, not just overhead expenses, that are reimbursed or paid for with offering proceeds must be included for purposes of the cap on organization and offering expenses. FINRA has revised the proposed amendment to Rule 2810(b)(4)(C)(i) to make this clarification. 2. Services for the Issuer The ABA Committee stated that the proposed amendment to Rule 2810(b)(4)(C)(i)(c) should clearly specify the scope of services provided by employees or agents of the sponsor or issuer that must be included for purposes of the cap on organization and offering expenses. When proceeds of an offering are used to pay issuer expenses, these payments or reimbursements must be identified in filings with the Department. FINRA responded that if the rule limited the scope of payments that could be made to employees or agents of the sponsor or issuer for performing services for the issuer to only those activities specifically described in the rule, some otherwise legitimate payments or reimbursements using offering proceeds would be prohibited. Accordingly, FINRA has not revised the proposed amendments to Rule 2810(b)(4)(C)(i)(c), other than to clarify that the proposed rule refers to services for the issuer. F. Liquidity and Marketability Disclosure The IPA expressed concern that the proposed amendments to Rule 2810(b)(3)(D) would impose upon members a burdensome due diligence review requirement with respect to the liquidity and marketability of an Investment Program. In its response, FINRA recognized the burdens associated with these requirements, but noted that the proposed amendment to Rule 2810(b)(3)(D) is intended to permit members to rely upon the liquidity and marketability information as provided to the member by the sponsor or general partner of an Investment Program, provided that the member does not know or have reason to know that the information is inaccurate. Accordingly, FINRA has not revised the proposed amendment to Rule 2810(b)(3)(D). G. Reinvested Dividends One commenter expressed concern regarding the prohibition set forth in the proposed amendment to Rule 2810(b)(4)(B)(vi) against sales loads on reinvested dividends for Investment Programs. 23 After considering the comment, FINRA determined to maintain the prohibition on sales loads on reinvested dividends. FINRA emphasized that commenters on the Original Proposal supported this amendment 24 and the amendment is intended to conform Rule 2810 to similar changes made to Rule 2830 with respect to sales loads on reinvested dividends for sales of mutual funds. Further, so as to avoid the indirect payment of sales loads on reinvested dividends for Investment Programs, FINRA has amended proposed Rule 2810(b)(4)(B)(ii) to clarify that the calculation of “ten percent of the gross proceeds of the offering” excludes securities purchased through the reinvestment of dividends. 23 Lerner. 24 Massachusetts Securities Division and NASAA. H. Due Diligence Services One commenter sought guidance as to what levels of detail and itemization, as required by the proposed amendment to Rule 2810(b)(4)(B)(vii), would be appropriate for an invoice prepared by a law firm conducting on behalf of a member due diligence services that are intended to be reimbursed as issuer expenses. 25 FINRA responded that industry best practices may be effective in establishing a threshold for itemization rather than additional rulemaking. The commenter also sought guidance as to whether it would be permissible for the issuer or sponsor to reimburse the law firm directly, so that the member need not go through the extra step of first itself paying the law firm and then seeking reimbursement from the issuer or sponsor. 26 FINRA responded that a law firm could not provide bona fide due diligence in an offering if its client was the issuer or sponsor rather than the broker-dealer. The method of reimbursement for due diligence services should be irrelevant so long as it does not undermine the law firm's duties to its client, the broker-dealer. 27 IV. Solicitation of Comments 25 Snyder. 26 *Id.* 27 FINRA also addressed two other comments. Scillia suggested that the five percent limitation on issuer expenses that currently exists in NASD Rule 2810 precludes offerings of smaller DPPs. FINRA disagreed with this comment. FINRA stated that the five percent limitation on issuer expenses pertains to the amount that may be used from offering proceeds. An issuer can spend additional funds from other sources. Thus, FINRA believes that the sponsor of a smaller DPP or REIT can absorb the higher fixed overhead costs owing to the small size of the offering. Finally, the five percent limitation on issuer expenses in the proposed rule change is not new and is consistent with the standards in existing NASD Rule 2810, which was approved by the SEC. *See* e-mail from Gary Goldsholle, Vice President and Associate General Counsel, FINRA, to Michael Hershaft, Special Counsel, Commission (May 7, 2008). With respect to the letter from R.J. O'Brien, FINRA stated that the comments were beyond the scope of the filing as the proposed rule change does not impose any new requirements with respect to commodity pool trail commissions. The issues raised in this letter were addressed by the SEC in an approval order issued in a prior rulemaking proceeding. *See* Securities Exchange Act Release No. 50335 (Sept. 9, 2004), 69 FR 55855 (Sept. 16, 2004) (SR-NASD-2004-136). *Id.* Interested persons are invited to submit written data, views and arguments concerning Amendment No. 5, including whether Amendment No. 5 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-NASD-2005-114 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-NASD-2005-114. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASD-2005-114 and should be submitted on or before June 4, 2008. V. Discussion and Commission Findings After careful review, the Commission finds that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act, 28 which require, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. 29 The Commission notes that the proposed rule change would codify FINRA's longstanding policy of applying certain regulatory requirements in NASD Rule 2810 to REITs. 28 15 U.S.C. 78o-3(b)(6). 29 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). The Commission believes that clarifying the standards for determining the fairness and reasonableness of compensation, treating the use and allocation of offering proceeds in a more explicit and objective manner, requiring disclosure regarding the liquidity of prior programs offered by the same sponsor, prohibiting sales loads on reinvested dividends and enabling bona fide training and education meetings to take place at appropriate locations, are measures designed to prevent fraudulent practices, promote just and equitable principles of trade, and protect investors and the public interest. Accelerated Approval of Amendment No. 5 The Commission finds good cause for approving Amendment No. 5 to the proposed rule change prior to the thirtieth day after the amendment is published for comment in the **Federal Register** pursuant to Section 19(b)(2) of the Act. Amendment No. 5 clarifies several provisions of the proposed rule change, including calculating and allocating compensation, requiring issuer compensation to be included in the cap on organization and offering expenses, and providing greater specificity regarding the prohibition on sales loads on reinvested dividends. The Commission believes that these changes will provide greater clarity with respect to the applicability of and compliance with the proposed rule change, while continuing to protect investors and the public interest. Accordingly, the Commission finds that the accelerated approval of Amendment No. 5 is appropriate. VI. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 30 that the proposed rule change, as amended (SR-NASD-2005-114), be, and hereby is, approved. 30 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 31 31 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10704 Filed 5-13-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Release No. 34-57802; File No. SR-FICC-2008-02] Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of Proposed Rule Change To Require Demand Processing for Blind-Brokered Repo Trades Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on April 9, 2008, the Fixed Income Clearing Corporation (“FICC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which items have been prepared primarily by FICC. The Commission is publishing this notice to solicit comments on the proposed rule change from interested parties. 1 15 U.S.C. 78s(b)(1). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FICC is seeking to amend the rules of the Government Securities Division (“GSD”) to mandate Demand Comparison submission and processing for blind-brokered repo trades that are submitted by a specified cut-off time. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FICC 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. FICC has prepared summaries, set forth in sections (A), (B), and

(C)below, of the most significant aspects of these statements. 2 2 The Commission has modified the text of the summaries prepared by FICC.

(A)Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Background In 2001, the Government Securities Clearing Corporation (“GSCC”), the GSD's predecessor, redesigned its comparison rules and procedures soon after the introduction of the real-time trade matching system. At that time, GSCC also moved the timing of its settlement guaranty from the point of netting to the point of comparison, which was much earlier in the day. In designing these changes, GSCC's goal was to provide straight through processing by providing for easy identification and resolution of uncompared trades intraday in order to achieve 100 percent comparison. These changes reduced risk by ensuring that more transactions were compared and guaranteed by the clearing corporation earlier in the day so that intraday credit exposure to counterparties was minimized. As part of the redesign of the GSCC comparison rules, GSCC introduced Demand Comparison, which was a new type of comparison that was created to provide members with flexibility and control over the comparison process for trades executed via intermediaries. 3 Demand Comparison strikes a balance between “bilateral comparison” (the traditional form of comparison), where each member is required to submit trade data to the clearing agency in order for the clearing agency to compare the trade, and “locked-in comparison,” where the trade is submitted as a compared trade to the clearing agency by one side or by one intermediary. 4 3 Securities Exchange Act Release No. 44946 (October 17, 2001), 66 FR 53816 [File No. SR-GSCC-2001-01]. 4 A Treasury auction take-down trade is a typical example of a trade submitted for Locked-In Comparison. Demand Comparison entails submission of trade data by approved intermediaries ( *e.g.* , brokers) called “Demand Trade Sources.” FICC deems a trade submitted for Demand Comparison to be compared upon FICC's receipt of the trade data from the Demand Trade Source. However, if a dealer “does not know” a trade submitted on its behalf by a Demand Trade Source, the dealer is able to submit a DK ( *i.e.* , “don't know”) to the GSD. The receipt of a DK by FICC causes the demand comparison trade to no longer be deemed compared. In order to effect comparison for a demand comparison trade that has been DKed, the DK must be removed. If the member that sent the DK determines that it did so erroneously, the member is able to remove the DK so that the trade is compared. 5 Modification of a DKed trade by the Demand Trade Source also removes the DK so that the trade is compared. 6 The removal of the DK and modification of a DKed trade are subject to the prescribed time frames for Demand DK processing. 5 Under this proposal to require Demand Comparison processing of blind-brokered repo trades, the cut-off time for removing DKs will be 8 pm New York time. 6 Under this proposal to require Demand Comparison processing of blind-brokered repo trades, the cut-off time for modifications by Demand Trade Sources will be 8:00 pm New York time. 2. Proposal FICC's current proposal is to mandate Demand Comparison for all blind-brokered repo trades that are submitted by 4 pm New York time. The GSD's members acting as inter-dealer brokers for repos will be designated as approved Demand Trade Sources. Members on whose behalf the brokers submit trades will not need to separately authorize the brokers as their Demand Trade Sources for GSD's purposes because GSD's rules will do so. After approval of the rule change, counterparties to blind-brokered repo trades will still need to submit their trade data as they do currently. Dealers will need to monitor the broker submissions against them in order to submit DKs where necessary to block any further processing of the submission. In order to provide the dealer counterparties with adequate time by which to submit their DKs, especially for trades submitted close to the 4 p.m. deadline, GSD will create a 30 minute DK window following the 4 p.m. Demand Comparison submission deadline (until 4:30 p.m.) during which time the dealer counterparties can DK previously received demand trades; however, dealer counterparties will be able to submit DKs at any time during the Demand Comparison submission processing time frame. Under Demand Comparison processing, a dealer counterparty that does not submit a DK with respect to a blind-brokered repo trade submitted against it will be responsible for that trade. Blind-brokered repo trades submitted after the 4 pm deadline will be treated as trades submitted for “bilateral comparison” requiring two-sided submission and matching for comparison to occur. FICC believes that requiring Demand Comparison for blind-brokered repo trades as described above will reduce risk by promoting earlier comparison and a higher rate of comparison. Demand Comparison trade entry will also encourage members to reconcile differences on a timely basis. FICC plans to implement the proposed changes four months after submission of this filing to the Commission ( *i.e.* , early August), subject to approval by the Commission, in order to provide members with the opportunity to make any necessary system changes. 3. Statutory Basis FICC believes that the proposed rule change is consistent with the requirements of Section 17A of the Act 7 and the rules and regulations thereunder applicable to FICC because it should support the prompt and accurate clearance and settlement of securities transactions by enabling earlier comparison and a higher rate of comparison of blind-brokered repo transactions. 7 17 U.S.C. 78q-1.

(B)Self-Regulatory Organization's Statement on Burden on Competition FICC does not believe that the proposed rule change would have any impact or impose any burden on competition.

(C)Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments have not been solicited with respect to the proposed rule change, and none have been received. FICC will notify the Commission of any written comments it receives. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five 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 ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the self-regulatory organization consents, the Commission will:

(A)By order approve such proposed rule change or

(B)institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-FICC-2008-02 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-FICC-2008-02. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 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 FICC and on FICC's Web site at *http://www.dtcc.com/downloads/legal/rule_filings/2008/ficc/2008-02.pdf.* 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-FICC-2008-02 and should be submitted on or before June 4, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10725 Filed 5-13-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57800; File No. SR-NASDAQ-2008-039] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto Relating to the Listing and Trading of Managed Fund Shares May 8, 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 April 30, 2008, The NASDAQ Stock Market LLC (“Nasdaq” 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 May 7, 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 The Exchange proposes to adopt new Nasdaq Rule 4420(o) to list and trade, or trade pursuant to unlisted trading privileges (“UTP”), securities issued by actively managed, open-end investment management companies (“Managed Fund Shares”) and to amend certain other Nasdaq rules to incorporate references to Managed Fund Shares. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nasdaq.com* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to add new Nasdaq Rule 4420(o) to permit the listing and trading, or trading pursuant to UTP, of Managed Fund Shares. 3 The Exchange also proposes to make conforming changes to the introductory paragraph of Nasdaq Rule 4420, Nasdaq Rules 4120(a)(9) and 4120(b)(4)(A), which relate to trading halts, and Nasdaq Rule 4540, which relates to entry and annual fees for issuers, to incorporate references to Managed Fund Shares. 3 The Exchange notes that proposed Nasdaq Rule 4420(o) is substantively identical to NYSE Arca Equities Rule 8.600. *See* Securities Exchange Act Release No. 57619 (April 4, 2008), 73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25) (approving, among other things, listing standards for Managed Fund Shares). Proposed Listing Rules for Managed Fund Shares Proposed Nasdaq Rule 4420(o)(2)(A) provides that Nasdaq will file separate proposals under section 19(b) of the Act before the listing and/or trading of Managed Fund Shares. Proposed Nasdaq Rule 4420(o)(2)(B) provides that transactions in Managed Fund Shares will occur throughout Nasdaq's trading hours. 4 Proposed Nasdaq Rule 4420(o)(2)(C) provides that the minimum price variation for quoting and entry of orders in Managed Fund Shares will be $0.01. Proposed Rule Nasdaq 4420(o)(2)(D) provides that Nasdaq will implement written surveillance procedures for Managed Fund Shares. Proposed Nasdaq Rule 4420(o)(2)(E) provides that, for Managed Fund Shares based on an international or global portfolio, the statutory prospectus or the application for exemption from provisions of the Investment Company Act of 1940 (“1940 Act”) for such series of Managed Fund Shares must state that such series must comply with the federal securities laws in accepting securities for deposits and satisfying redemptions with redemption securities, including that the securities accepted for deposits and the securities used to satisfy redemption requests are sold in transactions that would be exempt from registration under the Securities Act of 1933. 4 *See* Nasdaq Rule 4120(b)(4) (describing the three trading sessions on the Exchange:

(1)Pre-Market Session from 7 a.m. to 9:30 a.m;

(2)Regular Market Session from 9:30 a.m. to 4 p.m. or 4:15 p.m.; and

(3)Post-Market Session from 4 p.m. or 4:15 p.m. to 8 p.m.). *Proposed Definitions* . Proposed Nasdaq Rule 4420(o)(3)(A) defines the term “Managed Fund Share” as a security that:

(1)Represents an interest in a registered investment company (“Investment Company”) organized as an open-end management investment company or similar entity, that invests in a portfolio of securities selected by the Investment Company's investment adviser consistent with the Investment Company's investment objectives and policies;

(2)is issued in a specified aggregate minimum number in return for a deposit of a specified portfolio of securities and/or a cash amount with a value equal to the next determined net asset value (“NAV”); and

(3)when aggregated in the same specified minimum number, may be redeemed at a holder's request, which holder will be paid a specified portfolio of securities and/or cash with a value equal to the next determined NAV. In addition, proposed Nasdaq Rule 4420(o)(3)(B) defines the term “Disclosed Portfolio” as the identities and quantities of the securities and other assets held by the Investment Company that will form the basis for the Investment Company's calculation of NAV at the end of the business day. Proposed Nasdaq Rule 4420(o)(3)(C) defines the term “Intraday Indicative Value” as the estimated indicative value of a Managed Fund Share based on current information regarding the value of the securities and other assets in the Disclosed Portfolio. Proposed Nasdaq Rule 4420(o)(3)(D) defines the term “Reporting Authority” as Nasdaq, an institution, or a reporting service designated by Nasdaq or by the exchange that lists a particular series of Managed Fund Shares (if Nasdaq is trading such series pursuant to UTP) as the official source for calculating and reporting information relating to such series, including, but not limited to, the Intraday Indicative Value, the Disclosed Portfolio, the amount of any cash distribution to holders of Managed Fund Shares, NAV, or other information relating to the issuance, redemption, or trading of Managed Fund Shares. A series of Managed Fund Shares may have more than one Reporting Authority, each having different functions. *Initial and Continued Listing* . Proposed Nasdaq Rule 4420(o)(4) sets forth the initial and continued listing criteria applicable to Managed Fund Shares. 5 Proposed Nasdaq Rule 4420(o)(4)(A)(i) provides that, for each series of Managed Fund Shares, Nasdaq will establish a minimum number of Managed Fund Shares required to be outstanding at the time of commencement of trading. In addition, under proposed Nasdaq Rule 4420(o)(4)(A)(ii), Nasdaq must obtain a representation from the issuer of each series of Managed Fund Shares that the NAV per share for such series will be calculated daily and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time. 5 The Exchange represents that, for initial and/or continued listing, Managed Fund Shares must also be in compliance with Rule 10A-3 under the Act. *See* 17 CFR 240.10A-3. In addition, the Exchange represents that, with respect to a series of Managed Fund Shares, the investment adviser and its related personnel are subject to Rule 204A-1 under the Investment Advisers Act of 1940 (“Advisers Act”), which relates to codes of ethics for investment advisers. *See* 17 CFR 275.204A-1. Rule 204A-1 requires investment advisers to adopt a code of ethics that reflects the fiduciary nature of the relationship to clients as well as compliance with other applicable securities laws. Accordingly, the Exchange notes that “firewall” procedures, as well as procedures designed to prevent the misuse of non-public information by an investment adviser, must be consistent with Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under the Advisers Act (17 CFR 275.206(4)-7) makes it unlawful for an investment adviser to provide investment advice to clients, unless such investment adviser has

(i)adopted and implemented written policies and procedures reasonably designed to prevent violation, by the investment adviser and its supervised persons, of the Advisers Act and the rules thereunder;

(ii)implemented, at a minimum, an annual review regarding the adequacy of such policies and procedures and the effectiveness of their implementation; and

(iii)designated an individual (who is a supervised person) responsible for administering such policies and procedures. *See also* Section 204A of the Advisers Act (15 U.S.C. 80b-4a) (requiring investment advisers to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the misuse of material, non-public information by such investment adviser or any person associated with such investment adviser). E-mail from Jonathan F. Cayne, Associate General Counsel, Exchange, to Edward Cho, Special Counsel, Division of Trading and Markets, Commission, dated May 5, 2008 (confirming policies and procedures relating to protections against the misuse of material, non-public information concerning an Investment Company's portfolio). Proposed Nasdaq Rule 4420(o)(4)(B) provides that each series of Managed Fund Shares will be listed and traded subject to the application of the following continued listing criteria:

(1)The Intraday Indicative Value for Managed Fund Shares must be widely disseminated by one or more major market data vendors at least every 15 seconds during the time when the Managed Fund Shares trade on Nasdaq;

(2)the Disclosed Portfolio must be disseminated at least once daily and made available to all market participants at the same time; and

(3)the Reporting Authority that provides the Disclosed Portfolio must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material non-public information regarding the actual components of the portfolio. Proposed Nasdaq Rule 4420(o)(4)(B)(iii) provides that Nasdaq will consider the suspension of trading in, or removal from listing of, a series of Managed Fund Shares under any of the following circumstances:

(1)If, following the initial twelve-month period after commencement of trading on the Exchange of a series of Managed Fund Shares, there are fewer than 50 beneficial holders of the series of Management Fund Shares for 30 or more consecutive trading days;

(2)if the value of the Intraday Indicative Value is no longer calculated or available or the Disclosed Portfolio is not made available to all market participants at the same time;

(3)if the Investment Company issuing the Managed Fund Shares has failed to file any filings required by the Commission or if Nasdaq is aware that the Investment Company is not in compliance with the conditions of any exemptive order or no-action relief granted by the Commission to the Investment Company with respect to the series of Managed Fund Shares; or

(4)if such other event shall occur or condition exists which, in the opinion of Nasdaq, makes further dealings on Nasdaq inadvisable. Proposed Nasdaq Rule 4420(o)(4)(B)(iv) provides that, if the Intraday Indicative Value of a series of Managed Fund Shares is not being disseminated as required, Nasdaq may halt trading during the day in which the interruption to the dissemination of the Intraday Indicative Value occurs. If the interruption to the dissemination of the Intraday Indicative Value persists past the trading day in which it occurred, Nasdaq will halt trading no later than the beginning of the trading day following the interruption. If a series of Managed Fund Shares is trading on Nasdaq pursuant to UTP, Nasdaq will halt trading in that series as specified in Nasdaq Rules 4120 and 4121. In addition, if the Exchange becomes aware that NAV or the Disclosed Portfolio with respect to a series of Managed Fund Shares is not disseminated to all market participants at the same time, it will halt trading in such series until such time as the NAV or the Disclosed Portfolio is available to all market participants. In addition, proposed Nasdaq Rule 4420(o)(4)(B)(v) provides that, upon termination of an Investment Company, the Managed Fund Shares issued in connection with such entity must be removed from listing on Nasdaq. Proposed Nasdaq Rule 4420(o)(4)(B)(vi) provides that voting rights must be as set forth in the applicable Investment Company prospectus. Proposed Nasdaq Rule 4420(o)(5) relates to the limitation of liability of the Exchange in connection with an issuance of a series of Managed Fund Shares. Proposed Nasdaq Rule 4420(o)(6) relates to obligations with respect to those Managed Fund Shares that receive an exemption from certain prospectus delivery requirements under section 24(d) of the 1940 Act. Lastly, proposed Nasdaq Rule 4420(o)(7) provides that, if the investment adviser of the Investment Company issuing Managed Fund Shares is affiliated with a broker-dealer, such investment adviser must erect a “firewall” between such investment adviser and broker-dealer with respect to access to information regarding the composition and/or changes to the Investment Company's portfolio. This proposed rule also requires personnel who make decisions on the Investment Company's portfolio composition to be subject to procedures designed to prevent the use and dissemination of material, non-public information regarding the Investment Company's portfolio. Other Proposed Rule Changes The Exchange also proposes to amend:

(1)The introductory paragraph of Nasdaq Rule 4420 to add a reference to new paragraph

(o)thereunder;

(2)Nasdaq Rule 4120(a)(9) and Nasdaq Rule 4120(b)(4)(A) to add references to Managed Fund Shares with respect to trading halts; 6 and

(3)Nasdaq Rule 4540(a) and

(b)to add references to Managed Fund Shares to those securities already covered under the rule relating to both entry and annual fees. 6 Nasdaq also seeks to make an unrelated, minor typographical change to Nasdaq Rule 4120(b)(4)(A) with respect to the term “Trust Issued Receipt.” Key Features of Managed Fund Shares *Registered Investment Company* . A Managed Fund Share means a security that represents an interest in an investment company registered under the 1940 Act organized as an open-end investment company or similar entity that invests in a portfolio of securities selected by its investment adviser consistent with its investment objectives and policies. In contrast, the open-end investment company that issues securities of an exchange-traded fund seeks to provide investment results that correspond generally to the price and yield performance of a specific foreign or domestic stock index, fixed income securities index, or combination thereof. *1940 Act Exemptive Relief* . The 1940 Act contemplates two categories of investment companies:

(1)Those which issue redeemable securities ( *i.e.* , open-end investment companies); and

(2)those which do not issue redeemable securities ( *i.e.* , closed-end investment companies). Index Fund Shares 7 and Portfolio Depository Receipts 8 (collectively, “Index ETFs”) are redeemable, but only in large blocks of shares, not individually, so it is not certain whether they would be redeemable under the 1940 Act. Because Index ETFs do not fit neatly into either the open-end category or the closed-end category, Index ETFs have had to seek exemptive relief from the Commission to permit registration as an open-end investment company. Managed Fund Shares share key structural features with Index ETFs—creation and redemption in large blocks of shares being the most important one—that result in the need for exemptive relief, and therefore, Managed Fund Shares will require relief from the same provisions of the 1940 Act. 7 *See* Nasdaq Rule 4420(j). 8 *See* Nasdaq Rule 4420(i). *Intraday Trading* . Like Index ETFs, Managed Fund Shares will be listed and traded on a national securities exchange, and therefore, will be available for sale and purchase on an intraday basis, like other listed securities. In contrast, shares of managed mutual funds may only be purchased and sold (issued and redeemed) in direct transactions with the fund, once each day. *Creations and Redemptions* . As with Index ETFs, Managed Fund Shares will be issued and redeemed on a daily basis at NAV. Also, like Index ETFs, creations and redemptions for Managed Fund Shares must be in large specified blocks of shares called “Creation Units.” Purchases and sales of shares in amounts smaller than the number of shares required for a Creation Unit may be effected only in the secondary market and not directly with the fund. In addition, for most Index ETFs, the creation and redemption process is effected “in kind.” Creation “in kind” typically means that the investor—usually a brokerage house or large institutional investor—purchases the Creation Unit with a “Portfolio Deposit” equal in value to the aggregate NAV of the shares in the Creation Unit. The Portfolio Deposit generally consists of a basket of securities that reflects the composition of the Index ETF's portfolio. Similarly, an investor redeeming shares in the Index ETF receives in exchange for shares in the Index ETF the securities in the “Redemption Basket,” which is usually the same as the Portfolio Deposit and consists of securities that reflect the composition of the Index ETF's portfolio. 9 The Portfolio Deposit often includes a small cash component to make the value of the deposit or basket exactly equal to the aggregate NAV. Most Index ETFs also permit cash creations and redemptions under specified, limited circumstances. 9 References to the “Portfolio Deposit” herein include the Redemption Basket unless otherwise specified. Managed Fund Shares may use one or more of the following three approaches to creations and redemptions:

(1)“In kind” creations and redemptions using a Portfolio Deposit that reflects the composition of the fund;

(2)cash creations and redemptions; or

(3)“in kind” creations and redemptions using a Portfolio Deposit consisting of securities that do not reflect the composition of the fund, but instead consisting of other securities including, for example, specified Index ETFs. *Portfolio Disclosure.* One common feature of Index ETFs is disclosure of the contents of the Portfolio Deposit on a daily basis. Aside from providing the information required for daily creations and redemptions, the Portfolio Deposit gives market participants a basis for estimating the intraday value of the fund and thus, provides a basis for the arbitrage that keeps the market price of Index ETFs generally in line with the NAV of the Index ETF. While Managed Fund Shares may use an in-kind or cash creation and redemption mechanism, as noted above, each series of Managed Fund Shares will disclose daily the identities and quantities of the portfolio of securities and other assets ( *i.e.* , the Disclosed Portfolio) held by the applicable fund that will form the basis for the fund's calculation of NAV at the end of the business day. *Intraday Indicative Value.* 10 For each series of Managed Fund Shares, an estimated value, defined in proposed Nasdaq Rule 4420(o)(3)(C) as the “Intraday Indicative Value” that reflects an estimated intraday value of the fund portfolio, will be disseminated. The Intraday Indicative Value will be based upon the current value for the components of the Disclosed Portfolio and will be disseminated by the Exchange at least every 15 seconds during the regular market session through the facilities of the Consolidated Tape Association The dissemination of the Intraday Indicative Value, together with the Disclosed Portfolio, will allow investors to determine the value of the underlying portfolio of a series of Managed Fund Shares on a daily basis and to provide a close estimate of that value throughout the trading day. 10 This value of the estimated NAV is for use by investors, professionals, and persons wishing to create or redeem shares. Trading Halts Nasdaq will halt trading in Managed Fund Shares under the conditions specified in Nasdaq Rules 4120 and 4121, as proposed to be amended, and in proposed Nasdaq Rule 4420(o)(4)(B)(iv), as discussed above. With respect to trading of Managed Fund Shares pursuant to UTP, the conditions for a halt include a regulatory halt by the listing market, and Nasdaq will stop trading Managed Fund Shares if the listing market delists them. Additionally, Nasdaq may cease trading Managed Fund Shares if other unusual conditions or circumstances exist which, in the opinion of Nasdaq, make further dealings on Nasdaq detrimental to the maintenance of a fair and orderly market. Trading Rules Nasdaq deems Managed Fund Shares to be equity securities, thus rendering trading in the Managed Fund Shares subject to Nasdaq's existing rules governing the trading of equity securities. Nasdaq will allow trading in Managed Fund Shares from 7:00 a.m. until 8:00 p.m. Eastern Time. 11 11 *See supra* note 4. Surveillance The Exchange intends to utilize its existing surveillance procedures applicable to derivative products (including exchange-traded funds) to monitor trading in Managed Fund Shares and represents that such procedures are adequate to address any concerns regarding the trading of Managed Fund Shares on Nasdaq. Trading of Managed Fund Shares on Nasdaq will be subject to surveillance procedures of the Financial Industry Regulatory Authority (“FINRA”) for equity securities, in general, and exchange-traded funds, in particular. 12 The Exchange may also obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliate members of ISG. 12 The Exchange states that FINRA surveils trading on Nasdaq pursuant to a regulatory services agreement. Nasdaq is responsible for FINRA's performance under this regulatory services agreement. Information Circular Prior to the commencement of trading, the Exchange will inform its members in an Information Circular of the special characteristics and risks associated with trading Managed Fund Shares. Specifically, the Information Circular will discuss the following:

(1)The procedures for purchases and redemptions of Managed Fund Shares in Creation Units (and that Managed Fund Shares are not individually redeemable);

(2)Nasdaq Rule 2310, which imposes suitability obligations on Nasdaq members with respect to recommending transactions in Managed Fund Shares to customers;

(3)how information regarding the Intraday Indicative Value is disseminated;

(4)the requirement that members deliver a prospectus to investors purchasing newly issued Managed Fund Shares prior to or concurrently with the confirmation of a transaction;

(5)the risks involved in trading Managed Fund Shares during the Pre-Market and Post-Market Sessions when an updated Intraday Indicative Fund value will not be calculated or publicly disseminated;

(6)any exemptive, no-action, or interpretive relief granted by the Commission from any rules under the Act;

(7)related fees and expenses;

(8)trading hours of the Managed Fund Shares;

(9)NAV calculation and dissemination; and

(10)trading information. The Exchange notes that investors purchasing Managed Fund Shares directly from a Fund will receive a prospectus. Members purchasing Managed Fund Shares from a Fund for resale to investors will deliver a prospectus to such investors. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act, 13 in general, and furthers the objectives of section 6(b)(5) of the Act, 14 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. The Exchange believes that the proposed rules will facilitate the listing and trading of additional types of exchange-traded products that will enhance competition among market participants, to the benefit of investors and the marketplace. In addition, the Exchange believes that the listing and trading criteria set forth in the proposed rules are intended to protect investors and the public interest. 13 15 U.S.C. 78f(b). 14 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange states that written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the Exchange consents, the Commission will: A. By order approve such proposed rule change; or B. Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NASDAQ-2008-039 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASDAQ-2008-039. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of 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-NASDAQ-2008-039 and should be submitted on or before June 4, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10701 Filed 5-13-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57801; File No. SR-NYSEArca-2008-31] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Accelerated Approval of Proposed Rule Change Relating to the Listing and Trading of Shares of Twelve Actively Managed Exchange-Traded Funds of the WisdomTree Trust May 8, 2008. I. Introduction On April 4, 2008, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”), 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 the shares of twelve actively managed exchange-traded funds of the WisdomTree Trust (“Trust”) pursuant to NYSE Arca Equities Rule 8.600 (Managed Fund Shares). The proposed rule change was published for comment in the **Federal Register** on April 21, 2008 for a 15-day comment period. 3 The Commission received no comments on the proposal. This order approves the proposed rule change on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57670 (April 15, 2008), 73 FR 21397. II. Description of the Proposal The Exchange proposes to list and trade the shares (“Shares”) of the following twelve actively managed exchange-traded funds of the Trust pursuant to NYSE Arca Equities Rule 8.600 (Managed Fund Shares):

(1)WisdomTree U.S. Current Income Fund (“Current Income Fund”);

(2)WisdomTree Dreyfus Australian Dollar Fund;

(3)WisdomTree Dreyfus Brazilian Real Fund;

(4)WisdomTree Dreyfus British Pound Sterling Fund;

(5)WisdomTree Dreyfus Canadian Dollar Fund;

(6)WisdomTree Dreyfus Chinese Yuan Fund;

(7)WisdomTree Dreyfus Euro Fund;

(8)WisdomTree Dreyfus Indian Rupee Fund;

(9)WisdomTree Dreyfus Japanese Yen Fund;

(10)WisdomTree Dreyfus New Zealand Dollar Fund;

(11)WisdomTree Dreyfus South African Rand Fund; and

(12)WisdomTree Dreyfus South Korean Won Fund (“International Currency Income Funds,” and together with the Current Income Fund, collectively, the “Funds”). The Exchange proposes to list and trade the Shares of the Funds pursuant to NYSE Arca Equities Rule 8.600, which governs the listing and trading of Managed Fund Shares on the Exchange. 4 Each Fund will be an actively managed exchange-traded fund. The Shares will be offered by the Trust, which was established as a Delaware statutory trust on December 15, 2005 and is registered with the Commission as an investment company. 5 4 “Managed Fund Shares” are securities that:

(1)Represent an interest in a registered investment company (“Investment Company”) organized as an open-end management investment company or similar entity, that invests in a portfolio of securities selected by the Investment Company's investment adviser consistent with the Investment Company's investment objectives and policies;

(2)are issued in a specified aggregate minimum number in return for a deposit of a specified portfolio of securities and/or a cash amount with a value equal to the next determined net asset value (“NAV”); and

(3)when aggregated in the same specified minimum number, may be redeemed at a holder's request, which holder will be paid a specified portfolio of securities and/or cash with a value equal to the next determined NAV. *See* NYSE Arca Equities Rule 8.600(c)(1) (defining Managed Fund Shares). *See also* Securities Exchange Act Release No. 57619 (April 4, 2008), 73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25) (approving, among other things, rules permitting the listing and trading of Managed Fund Shares). 5 *See* Post-Effective Amendment No. 14 to Registration Statement on Form N-1A for the Trust (File Nos. 333-132380 and 811-21864) (“Registration Statement”). Description of the Funds and the Shares WisdomTree Asset Management, Inc. (“WisdomTree Asset Management”) is the investment adviser to each Fund. 6 The Exchange represents that WisdomTree Asset Management is not affiliated with any broker-dealer. Mellon Capital Management serves as the sub-adviser for the Current Income Fund. The Dreyfus Corporation serves as the sub-adviser to each International Currency Income Fund. The Bank of New York is the administrator, custodian, and transfer agent for each Fund. ALPS Distributors, Inc. serves as the distributor for the Funds. 7 6 WisdomTree Investments, Inc. (“WisdomTree Investments”) is the parent company of WisdomTree Asset Management. 7 The Exchange states that the Trust has received and been granted by Commission order certain exemptive relief under the Investment Company Act of 1940 (15 U.S.C. 80a-1) (“1940 Act”). In compliance with Commentary .05 to NYSE Arca Equities Rule 8.600, which applies to Managed Fund Shares based on an international or global portfolio, the Trust's application for exemptive relief under the 1940 Act states that the Funds will comply with the federal securities laws in accepting securities for deposits and satisfying redemptions with redemption securities, including that the securities accepted for deposits and the securities used to satisfy redemption requests are sold in transactions that would be exempt from registration under the Securities Act of 1933. *The Current Income Fund.* The Current Income Fund seeks to earn current income while preserving capital and maintaining liquidity by investing primarily in very short term, high-quality money market securities denominated in U.S. dollars. Eligible investments include commercial paper, time deposits and certificates of deposits, asset-backed securities, government bills, government notes, corporate notes, and repurchase agreements. The Current Income Fund intends to maintain an average portfolio maturity of 90 days or less and will not purchase any money market security with a remaining maturity of more than 397 calendar days. *The International Currency Income Funds.* Each of the WisdomTree Dreyfus Australian Dollar Fund, British Pound Sterling Fund, Canadian Dollar Fund, Euro Fund, and Japanese Yen Fund seeks

(1)to earn current income reflective of money market rates available to foreign investors in the specified country or region, and

(2)to maintain liquidity and preserve capital measured in the currency of the specified country or region. Each of these Funds intends to invest primarily in very short term, investment grade money market securities denominated in the non-U.S. currency specified in its name. Eligible investments include short-term securities issued by non-U.S. governments, agencies, or instrumentalities, bank debt obligations and time deposits, bankers' acceptances, commercial paper, short-term corporate debt obligations, mortgage-backed securities, and asset-backed securities. Each of the WisdomTree Dreyfus Brazilian Real Fund, Chinese Yuan Fund, Indian Rupee Fund, New Zealand Dollar Fund, South African Rand Fund, and South Korean Won Fund seeks

(1)to earn current income reflective of money market rates available to foreign investors in the specified country, and

(2)to provide exposure to changes in the value of the designated non-U.S. currency relative to the U.S. dollar. Each of these Funds intends to achieve exposure to the non-U.S. market designated by its name using the following strategy. Each of the Funds will invest primarily in short-term U.S. money market securities. In addition, each such Fund will invest a smaller portion of its assets in forward currency contracts and swaps 8 designed to provide exposure to exchange rates and/or money market instruments available to foreign investors in the non-U.S. market designated in the Fund's name. The combination of U.S. money market securities with forward currency contracts and currency swaps is designed to create a position economically similar to a money market instrument denominated in a non-U.S. currency. 9 8 A forward currency contract is an agreement to buy or sell a specific currency at a future date at a price set at the time of the contract. A currency swap is an agreement between two parties to exchange one currency for another at a future rate. 9 The Exchange states that each of these Funds may pursue its objectives through direct investments in money market instruments issued by entities in the applicable non-U.S. country and denominated in the applicable non-U.S. currency when WisdomTree Asset Management believes it is in the best interest of the Fund to do so. The decision to secure exposure directly or indirectly will be a function of, among other things, market accessibility, credit exposure, and tax ramifications for foreign investors. If any of these Funds pursues direct investment, eligible investments will include short-term securities issued by the applicable foreign government and its agencies or instrumentalities, bank debt obligations and time deposits, bankers' acceptances, commercial paper, short-term corporate debt obligations, mortgage-backed securities, and asset-backed securities. Each International Currency Income Fund generally will maintain a weighted average portfolio maturity of 90 days or less and will not purchase any money market instrument with a remaining maturity of more than 397 calendar days. The Exchange represents that none of the Funds will invest in non-U.S. equity securities. *The Shares.* Each Fund will issue and redeem Shares on a continuous basis at NAV 10 only in large blocks of shares, typically 50,000 shares or more (“Creation Units”), in transactions with authorized participants. Each International Currency Income Fund may issue and redeem Creation Units in exchange for a designated basket of non-U.S. currency and an amount of U.S. dollar-denominated cash, a basket of non-U.S. money market instruments and a designated amount of cash, or simply a designated amount of cash. In addition, creations and redemptions of the Current Income Fund and the WisdomTree Dreyfus Brazilian Real Fund, Chinese Yuan Fund, Indian Rupee Fund, New Zealand Dollar Fund, South African Rand Fund, and South Korean Won Fund would usually occur in exchange for a basket of U.S. money market instruments and/or a designated amount of cash. Once created, Shares of the Funds will trade on the secondary market in amounts less than a Creation Unit. 10 The NAV of each Fund's Shares generally is calculated once daily Monday through Friday as of the close of regular trading on the New York Stock Exchange LLC, generally 4 p.m. Eastern Time or “ET.” NAV per Share is calculated by dividing a Fund's net assets by the number of Fund Shares outstanding. The Exchange states that more information regarding the valuation of Fund investments in calculating a Fund's NAV can be found in the Registration Statement. More information regarding the Shares and the Funds, including investment strategies, risks, creation and redemption procedures, fees, portfolio holdings disclosure policies, distributions, and taxes can be found in the Registration Statement. 11 11 *See supra* note 5. Availability of Information The Funds' Web site ( *http://www.wisdomtree.com* ), which will be publicly available prior to the public offering of the Shares, will include a form of the Prospectus for each Fund that may be downloaded. The Web site will include additional quantitative information updated on a daily basis, including, for each Fund:

(1)The prior business day's reported NAV, mid-point of the bid/ask spread at the time of calculation of such NAV (the “Bid/Ask Price”), 12 and a calculation of the premium and discount of the Bid/Ask Price against the NAV; and

(2)data in chart format displaying the frequency distribution of discounts and premiums of the daily Bid/Ask Price against the NAV, within appropriate ranges, for each of the four previous calendar quarters. On each business day, before commencement of the Core Trading Session, 13 the Trust will disclose on its Web site the identities and quantities of the portfolio of securities and other assets (the “Disclosed Portfolio”) 14 held by each Fund that will form the basis for the Fund's calculation of NAV at the end of the business day. 15 The Web site information will be publicly available at no charge. 12 The Bid/Ask Price of a Fund is determined using the midpoint of the highest bid and the lowest offer on the Exchange as of the time of calculation of such Fund's NAV. The records relating to Bid/Ask Prices will be retained by the Funds and their service providers. 13 The Core Trading Session is 9:30 a.m. to 4 p.m. ET. 14 *See* NYSE Arca Equities Rule 8.600(c)(2) (defining the Disclosed Portfolio for a series of Managed Fund Shares as the identities and quantities of the securities and other assets held by the Investment Company that will form the basis for the Investment Company's calculation of NAV at the end of the business day). 15 Under accounting procedures followed by the Funds, trades made on the prior business day (“T”) will be booked and reflected in the NAV on the current business day (“T+1”). Notwithstanding the foregoing, portfolio trades that are executed prior to the opening of the Exchange on any business day may be booked and reflected in the NAV on such business day. Accordingly, the Funds will be able to disclose at the beginning of the business day the portfolio that will form the basis for the NAV calculation at the end of the business day. In addition, for each Fund, an estimated value, defined in Rule 8.600 as the Portfolio Indicative Value, 16 will be updated and disseminated by the Exchange at least every 15 seconds during the Core Trading Session on the Exchange through the facilities of the Consolidated Tape Association. The Exchange states that the dissemination of the Portfolio Indicative Value, together with the Disclosed Portfolio, will allow investors to determine the value of the underlying portfolio of a Fund on a daily basis and to provide a close estimate of that value throughout the trading day. 16 NYSE Arca Equities Rule 8.600(c)(3) (defining Portfolio Indicative Value as the estimated indicative value of a Managed Fund Share based on current information regarding the value of the securities and other assets in the Disclosed Portfolio). Information regarding market price and volume of the Shares is and will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. The previous day's closing price and trading volume information will be published daily in the financial section of newspapers. Quotation and last-sale information for the Shares will be available via the facilities of the Consolidated Tape Association. Initial and Continued Listing The Exchange represents that the Shares will be subject to NYSE Arca Equities Rule 8.600(d), which sets forth the initial and continued listing criteria applicable to Managed Fund Shares. 17 The Exchange further represents that, for initial and/or continued listing, the Shares must be in compliance with Rule 10A-3 under the Exchange Act, 18 as provided by NYSE Arca Equities Rule 5.3. 17 *See also supra* note 7 (describing the Funds' compliance with Commentary .05 to NYSE Arca Equities Rule 8.600). 18 *See* 17 CFR 240.10A-3. Trading Halts With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares of a Fund. The Shares of the Funds will be halted if the “circuit breaker” parameters in NYSE Arca Equities Rule 7.12 are reached. Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include:

(1)The extent to which trading is not occurring in the securities comprising the Disclosed Portfolio and/or the financial instruments of a Fund; or

(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In addition, trading in the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth circumstances under which Shares of a Fund may be halted. Trading Rules The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. The Shares will trade on the NYSE Arca Marketplace from 4 a.m. to 8 p.m. ET in accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late Trading Sessions). The Exchange states that it has appropriate rules to facilitate transactions in the Shares during all such trading sessions. The minimum trading increment for the Shares on the Exchange will be $0.01. Surveillance The Exchange intends to utilize its existing surveillance procedures applicable to derivative products (which will include Managed Fund Shares) to monitor trading in the Shares. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws. The Exchange's current trading surveillance focuses on detecting securities trading outside their normal patterns. When such situations are detected, surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations. The Exchange states that it may obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliate members of ISG. 19 In addition, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees. 19 The Exchange notes that not all of the components of the Disclosed Portfolio for each Fund may trade on exchanges that are members or affiliate members of ISG. Information Bulletin Prior to the commencement of trading, the Exchange will inform its ETP Holders 20 in an Information Bulletin (“Bulletin”) of the special characteristics and risks associated with trading the Shares. Specifically, the Bulletin will discuss the following:

(1)The procedures for purchases and redemptions of Shares in Creation Unit aggregations (and that Shares are not individually redeemable);

(2)NYSE Arca Equities Rule 9.2(a), 21 which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares;

(3)the risks involved in trading the Shares during the Opening and Late Trading Sessions when an updated Portfolio Indicative Value will not be calculated or publicly disseminated;

(4)how information regarding the Portfolio Indicative Value is disseminated;

(5)the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and

(6)trading information. In addition, the Bulletin will reference that the Fund is subject to various fees and expenses described in the Registration Statement, discuss any exemptive, no-action, and interpretive relief granted by the Commission from any rules under the Act, and disclose that the NAV for the Shares will be calculated after 4 p.m. ET each trading day. 20 ETP Holder refers to a sole proprietorship, partnership, corporation, limited liability company, or other organization in good standing that has been issued an Equity Trading Permit or “ETP.” An ETP Holder must be a registered broker or dealer pursuant to Section 15 of the Act. *See* NYSE Arca Equities Rule 1.1(n). 21 NYSE Arca Equities Rule 9.2(a) provides that an ETP Holder, before recommending a transaction, must have reasonable grounds to believe that the recommendation is suitable for the customer based on any facts disclosed by the customer as to his other security holdings and as to his financial situation and needs. Further, the rule provides, with a limited exception, that prior to the execution of a transaction recommended to a non-institutional customer, the ETP Holder shall make reasonable efforts to obtain information concerning the customer's financial status, tax status, investment objectives, and any other information that the ETP Holder believes would be useful to make a recommendation. III. Discussion and Commission's Findings The Commission has carefully reviewed the proposed rule change and finds that it is consistent with the requirements of section 6 of the Act 22 and the rules and regulations thereunder applicable to a national securities exchange. 23 In particular, the Commission finds that the proposal is consistent with section 6(b)(5) of the Act, 24 which requires, among other things, that the Exchange's rules be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission notes that, for the Shares to be listed and traded on the Exchange, such Shares must be in compliance with the initial and continued listing requirements under NYSE Arca Equities Rule 8.600. 22 15 U.S.C. 78f. 23 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). 24 15 U.S.C. 78f(b)(5). The Commission believes that the proposal to list and trade the Shares on the Exchange is consistent with section 11A(a)(1)(C)(iii) of the Act, 25 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. Quotations and last-sale information for the Shares will be disseminated by means of the facilities of the Consolidated Tape Association. In addition, the Portfolio Indicative Value will be updated and disseminated at least every 15 seconds during the Core Trading Session on the Exchange through the facilities of the Consolidated Tape Association, and, on each business day before commencement of the Core Trading Session, the Trust will disseminate the Disclosed Portfolio on its Web site. The Commission also notes that information regarding market price and volume of the Shares is and will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services, and the previous day's closing price and trading volume information will be published daily in the financial section of newspapers. Additionally, the following information will be available on the Funds' Web site ( *http://www.wisdomtree.com* ), which will be publicly accessible at no charge:

(1)The prior business day's reported NAV, the Bid/Ask Price, and a calculation of the premium and discount of the Bid/Ask Price against the NAV; and

(2)data in chart format displaying the frequency distribution of discounts and premiums of the daily Bid/Ask Price against the NAV, within appropriate ranges, for each of the four previous calendar quarters. 25 15 U.S.C. 78k-1(a)(1)(C)(iii). Furthermore, 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 notes that the Exchange is required to obtain a representation from the Trust, prior to listing, that the NAV per Share will be calculated daily, and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time. 26 The Exchange may consider the suspension of trading in, or removal from listing of, the Shares if the value of the Portfolio Indicative Value is no longer calculated or available or the Disclosed Portfolio is not made available to all market participants at the same time. 27 In addition, NYSE Arca Equities Rule 8.600(d)(2)(B)(ii) requires that the Reporting Authority that provides the Disclosed Portfolio implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material non-public information regarding the actual components of the portfolio. Lastly, the Commission notes that the Exchange will halt trading in the Shares under the specific circumstances set forth in NYSE Arca Equities Rule 8.600(d)(2)(D) and that, if WisdomTree Asset Management becomes affiliated with a broker-dealer, WisdomTree Asset Management must erect a firewall between it and such broker-dealer with respect to access to information concerning the composition and/or changes to the investment portfolio of the Funds, in accordance with Commentary .07 to NYSE Arca Equities Rule 8.600. 26 *See* NYSE Arca Equities Rule 8.600(d)(1)(B). 27 *See* NYSE Arca Equities Rule 8.600(d)(2)(C)(ii). 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 are equity securities subject to Exchange's rules governing the trading of equity securities. In support of this proposal, the Exchange has made the following representations: 1. The Shares will be subject to the initial and continued listing criteria applicable to Managed Fund Shares and, for initial and/or continued listing, the Shares must comply with Rule 10A-3 under the Act, 28 as provided by NYSE Arca Equities Rule 5.3. 28 17 CFR 240.10A-3. 2. The Exchange's surveillance procedures are adequate to properly monitor the trading of the Shares. Specifically, NYSE Arca will rely on its existing surveillance procedures applicable to derivative products, which will include Managed Fund Shares. 29 29 The Commission notes that none of the Funds will invest in non-U.S. equity securities and believes that the Exchange's proposed rules and procedures are adequate with respect to the Shares. However, the Commission notes that other proposed series of Managed Fund Shares may require additional Exchange rules and procedures to govern their listing and trading on the Exchange. For example, in the case of a proposed series of Managed Fund Shares that are based on a portfolio, at least in part, of non-U.S. equity securities, rules relating to comprehensive surveillance sharing agreements and quantitative initial and continued listing standards may be required. 3. Prior to the commencement of trading, the Exchange will inform its members and member organizations in an Information Bulletin of the following:

(1)The procedures for purchases and redemptions of Shares in Creation Unit aggregations (and that Shares are not individually redeemable);

(2)NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares;

(3)the risks involved in trading the Shares during the Opening and Late Trading Sessions when an updated Portfolio Indicative Value will not be calculated or publicly disseminated;

(4)how information regarding the Portfolio Indicative Value is disseminated;

(5)the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and

(6)trading information. In addition, the Information Bulletin will reference that the Fund is subject to various fees and expenses described in the Registration Statement, discuss any exemptive, no-action, and interpretive relief granted by the Commission from any rules under the Act, and disclose that the NAV for the Shares will be calculated after 4:00 p.m. ET each trading day. 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 the investment objectives of the Funds are similar to those applicable to other Managed Fund Shares, the listing and trading of which the Commission has previously approved for other national securities exchanges. 30 The Commission believes that accelerated approval of the proposed rule change should provide additional choices for investors in, and promote additional competition in the market for, Managed Fund Shares. 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. 30 *See* , *e.g.* , Securities Exchange Act Release Nos. 57619 (April 4, 2008), 73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25) (approving, among other things, the listing and trading of shares of the PowerShares Active Low Duration Portfolio, which seeks to exceed the total return of the Lehman Brothers 1-3 Year U.S. Treasury Index by investing, normally, at least 80% of its assets in a diversified portfolio of U.S. government and corporate debt securities); and 57514 (March 17, 2008), 73 FR 15230 (March 21, 2008) (SR-Amex-2008-02) (approving the listing and trading of shares of the Bear Stearns Current Yield Fund, which seeks to invest primarily in short-term debt obligations, including U.S. government securities, bank obligations, corporate debt obligations, foreign bank obligations (U.S. dollar denominated), foreign corporate debt obligations (U.S. dollar denominated), and other financial instruments). IV. Conclusion *It is therefore ordered* , pursuant to section 19(b)(2) of the Act, 31 that the proposed rule change (SR-NYSEArca-2008-31) be, and it hereby is, approved on an accelerated basis. 31 15 U.S.C. 78s(b)(2). 32 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 32 Florence E. Harmon, Deputy Secretary. [FR Doc. E8-10724 Filed 5-13-08; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION C3 Capital Partners II, L.P. (License No. 07/07-0113); Notice Seeking Exemption Under 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that C3 Capital Partners II, L.P., 4520 Main Street, Suite 1600, Kansas City, Missouri, 64111-7700, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under section 312 of the Act and section 107.730, Financings Which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) rules and regulations (13 CFR 107.730 (2008)). C3 Capital Partners II, L.P. proposes to provide loans to Clinical Research Investments, LLC, (holding company for Clinical Research Holding, LLC) 4520 Main St., Ste. 1600, Kansas City, MO 64111. The financing is contemplated for the acquisition of an Alabama based manager of clinical trials. The financing is brought within the purview of Sec. 107.730(a)(1) of the Regulations because C3 Capital Partners, LP, an Associate of C3 Capital Partners II, L.P., currently owns greater than 10 percent of Clinical Research Investments, LLC, and therefore, Clinical Research Investments, LLC, is considered an Associate of C3 Capital Partners II as defined in Sec. 105.50 of the regulations. Notice is hereby given that any interested person may submit written comments on the transaction, within 15 days, to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. A. Joseph Shepard, Associate Administrator for Investment. [FR Doc. E8-10758 Filed 5-13-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [License No. 09/79-0454] Emergence Capital Partners SBIC, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Emergence Capital Partners SBIC, L.P., 160 Bovet Road, Suite 300, San Mateo, CA 94402, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) Rules and Regulations (13 CFR 107.730). Emergence Capital Partners SBIC, L.P. proposes to provide equity/debt security financing to Intacct Corporation, 125 South Market Street, Suite 600, San Jose, CA 95113. The financing is contemplated for working capital and general corporate purposes. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Emergence Capital Partners, L.P. and Emergence Capital Associates, L.P., all Associates of Emergence Capital Partners SBIC, L.P., own more than ten percent of Intacct Corporation and therefore Intacct Corporation is considered an Associate of Emergence Capital Partners SBIC, L.P. as detailed in § 107.50 of the Regulations. Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. Dated: April 15, 2008. A. Joseph Shepard, Associate Administrator for Investment. [FR Doc. E8-10760 Filed 5-13-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [License No. 09/79-0456] Horizon Ventures Fund II, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Horizon Ventures Fund II, L.P., 4 Main Street, Suite 50, Los Altos, CA 94022, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) Rules and Regulations (13 CFR 107.730). Horizon Ventures Fund II, L.P. proposes to provide equity/debt security financing to Invivodata, Inc., 2100 Wharton Street, Suite 505, Pittsburgh, PA 15203. The financing will provide funding for research and development, sales and marketing, and working capital. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Horizon Ventures Fund I, L.P. and Horizon Ventures Advisors Fund I, L.P., both Associates of Horizon Ventures Fund II, L.P., own more than ten percent of Invivodata, Inc. Therefore, Invivodata, Inc. is considered an Associate of Horizon Ventures Fund II, L.P., as defined at 13 CFR 107.50 of the SBIC Regulations. Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. Dated: April 7, 2008. A. Joseph Shepard, Associate Administrator for Investment. [FR Doc. E8-10759 Filed 5-13-08; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Region I Regulatory Fairness Board AGENCY: U.S. Small Business Administration, Office of the National Ombudsman. ACTION: Notice of Federal Regulatory Fairness Hearing. SUMMARY: The SBA is issuing this notice to advise the public of a Federal Regulatory Fairness Hearing in Concord, NH. The hearing is open to the public however, advance notice of attendance is requested. DATES: The hearing will be held on Thursday, May 29, 2008 from 9:30 a.m. to 12 noon Eastern Standard Time. ADDRESSES: The hearing will be held at the New Hampshire Department of Environmental Services (Auditorium), 29 Hazen Drive, Concord, NH 03301. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. appendix 2), SBA Regional Regulatory Fairness Board and the Office of the National Ombudsman hold Regulatory Fairness hearings across the nation. Issues addressed at these hearings will be directed to the appropriate Federal regulatory agency for a high-level review of fairness of the enforcement action. The purpose of the hearing is for Business Organizations, Trade Associations, Chambers of Commerce and related organizations serving small business concerns to report experiences regarding unfair or excessive Federal regulatory enforcement issues affecting their members. FOR FURTHER INFORMATION CONTACT: Alice Zachos, Business Development Specialist, SBA, New Hampshire District Office, JC Cleveland Federal Building, 55 Pleasant Street, Suite 3101, Concord, NH 03301, telephone:

(603)225-1607, fax:

(202)481-0159, e-mail: *Alice.zachos@sba.gov.* Anyone wishing to testify and/or make a presentation to the Regulatory Fairness Board must contact Alice Zachos by May 28, by fax or e-mail in order to be placed on the agenda. Additionally, if you need accommodations because of a disability or require additional information, please contact Alice Zachos at the information above. For more information, please visit our Web site at *http://www.sba.gov/ombudsman.* Cherylyn Lebon, SBA Committee Management Officer. [FR Doc. E8-10757 Filed 5-13-08; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 6223] Determination Under Subsection 402(d)(1) of the Trade Act of 1974, As Amended—Continuation of Waiver Authority Pursuant to the authority vested in the President under the Trade Act of 1974, as amended, Public Law 93-618, 88 Stat. 1978 (hereinafter “the Act”), and assigned to the Secretary of State by virtue of Section 1(a) of Executive Order 13346 of July 8, 2004, as well as the authority delegated to the Deputy Secretary of State by Delegation of Authority 245 of April 23, 2001, I determine, pursuant to Section 402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), that the further extension of the waiver authority granted by Section 402 of the Act will substantially promote the objectives of Section 402 of the Act. I further determine that continuation of the waiver applicable to Turkmenistan will substantially promote the objectives of Section 402 of the Act. This determination shall be published in the **Federal Register** . Dated: May 6, 2008. John D. Negroponte, Deputy Secretary of State, Department of State. [FR Doc. E8-10772 Filed 5-13-08; 8:45 am] BILLING CODE 4710-46-P DEPARTMENT OF STATE [Public Notice 6213] Notice of Meeting of the Cultural Property Advisory Committee There will be a meeting of the Cultural Property Advisory Committee on Thursday, July 24, 2008, from approximately 8:30 a.m. to 5 p.m., and on Friday, July 25, from approximately 8:30 a.m. to 12 noon at the Department of State, Annex 44, Room 840, 301 4th St., SW., Washington, DC. During its meeting the Committee will review a proposal to extend the Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of Honduras Concerning the Imposition of Import Restrictions on Archaeological Material from the Pre-Columbian Cultures of Honduras (“MOU”). The Government of the Republic of Honduras has notified the Government of the United States of America of its interest in extending the MOU. The Committee will also conduct an interim review of the MOU with El Salvador. The Committee's responsibilities are carried out in accordance with provisions of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601, *et seq.* ). The text of the Act and subject MOUs, as well as related information, may be found at *http://exchanges.state.gov/culprop* . Portions of the meeting on July 24 will be closed pursuant to 5 U.S.C. 552b(c)(9)(B) and 19 U.S.C. 2605(h), the latter of which stipulates that “The provisions of the Federal Advisory Committee Act shall apply to the Cultural Property Advisory Committee except that the requirements of subsections

(a)and

(b)of section 10 and 11 of such Act (relating to open meetings, public notice, public participation, and public availability of documents) shall not apply to the Committee, whenever and to the extent it is determined by the President or his designee that the disclosure of matters involved in the Committee's proceedings would compromise the Government's negotiation objectives or bargaining positions on the negotiations of any agreement authorized by this title.” However, on July 24, the Committee will hold an open session from approximately 10:30 a.m. to 12 noon, to receive oral public comment only on the proposal to extend the MOU with Honduras. Such an open session is not a statutory requirement, nor is the invitation for public oral or written comment. These steps are taken at the initiative of the Department of State. Persons wishing to attend this open session should notify the Cultural Heritage Center of the Department of State at

(202)453-8800 no later than July 15, 2008, 5 p.m.

(EST)to arrange for admission. Seating is limited. Anyone wishing to make an oral presentation at the public session must request to be scheduled, and must submit a written text of the oral comments by July 15, 2008, to allow time for distribution to Committee members prior to the meeting. Oral comments will be limited to allow time for questions from members of the Committee and must specifically relate to the determinations under Section 303(a)(1) of the Convention on Cultural Property Implementation Act, 19 U.S.C. 2602, pursuant to which the Committee must make findings. This citation for the determinations can be found at the Web site noted above. The Committee also invites written comments and asks that they be submitted no later than July 15, 2008, to allow time for distribution to Committee members prior to the meeting. All written materials, including the written texts of oral statements, may be faxed to

(202)453-8803 or sent to *culprop@state.gov* . If more than three

(3)pages, 20 duplicates of written materials must be sent by express mail to: Cultural Heritage Center, Department of State, Annex 44, 301 4th Street, SW., Washington, DC 20547; tel:

(202)453-8800. Dated: May 2, 2008. Goli Ameri, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E8-10771 Filed 5-13-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 6212] Proposal To Extend Agreement Between the Government of the United States and the Republic of Honduras Notice of Proposal to Extend the Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of Honduras Concerning the Imposition of Import Restrictions on Archaeological Material from the Pre-Columbian Cultures of Honduras. The Government of the Republic of Honduras has informed the Government of the United States of its interest in an extension of the Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of Honduras Concerning the Imposition of Import Restrictions on Archaeological Material from the Pre-Columbian Cultures of Honduras, which entered into force on March 12, 2004. Pursuant to the authority vested in the Assistant Secretary for Educational and Cultural Affairs, and pursuant to the requirement under 19 U.S.C. 2602(f)(1), an extension of this Memorandum of Understanding is hereby proposed. Pursuant to 19 U.S.C. 2602(f)(2), the views and recommendations of the Cultural Property Advisory Committee regarding this proposal will be requested. A copy of this Memorandum of Understanding, the designated list of restricted categories of material, and related information can be found at the following Web site: *http://exchanges.state.gov/culprop.* Dated: May 2, 2008. Goli Ameri, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E8-10773 Filed 5-13-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Dealer's Aircraft Registration Certificate Application AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget

(OMB)to approve a current information collection. AC Form 8050-5 is an application for a dealer's Aircraft Registration Certificate which, under 49 USC, 1404, may be issued to a person engaged in manufacturing, distributing, or selling aircraft. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on

(202)267-9895, or by e-mail at: *Carla.Mauney@faa.gov.* SUPPLEMENTARY INFORMATION: Federal Aviation Administration

(FAA)*Title:* Dealer's Aircraft Registration Certificate Application. *Type of Request:* Extension without change of an approved collection. *OMB Control Number:* 2120-0024. *Form(s):* AC Form 8050-5. *Affected Public:* A total of 2,740 Respondents. *Frequency:* The information is collected on occasion. *Estimated Average Burden Per Response:* Approximately 45 minutes per response. *Estimated Annual Burden Hours:* An estimated 2,055 hours annually. *Abstract:* AC Form 8050-5 is an application for a dealer's Aircraft Registration Certificate which, under 49 USC, 1404, may be issued to a person engaged in manufacturing, distributing, or selling aircraft. **ADDRESSES:** Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES-200, 800 Independence Ave., SW., Washington, DC 20591. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. E8-10547 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Malfunction or Defect Report AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget

(OMB)to approve a current information collection. This information allows the FAA to evaluate its certification standards, maintenance programs, and regulatory requirements. It is also the basis for issuance of Airworthiness Directives designed to prevent unsafe conditions and accidents. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on

(202)267-9895, or by e-mail at: *Carla.Mauney@faa.gov.* Federal Aviation Administration

(FAA)*Title:* Malfunction or Defect Report. *Type of Request:* Extension without change of an approved collection. *OMB Control Number:* 2120-0003. *Form(s):* 8010-4. *Affected Public:* A total of 56,045 respondents. *Frequency:* The information is collected on occasion. *Estimated Average Burden Per Response:* Approximately 9 minutes per response. *Estimated Annual Burden Hours:* An estimated 8,407 hours annually. *Abstract:* This information allows the FAA to evaluate its certification standards, maintenance programs, and regulatory requirements. It is also the basis for issuance of Airworthiness Directives designed to prevent unsafe conditions and accidents. ADDRESSES: Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES-200, 800 Independence Ave., SW., Washington, DC 20591. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. E8-10554 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Advanced Qualification Program

(AQP)NPRM AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget

(OMB)to approve a current information collection. The Advanced Qualification Program

(AQP)incorporates data driven quality control processes for validating and maintaining the effectiveness of air carrier training program curriculum content. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on

(202)267-9895, or by e-mail at: *Carla.Mauney@faa.gov.* SUPPLEMENTARY INFORMATION: Federal Aviation Administration

(FAA)*Title:* Advanced Qualification Program

(AQP)NPRM. *Type of Request:* Extension without change of an approved collection. *OMB Control Number:* 2120-0701. *Form(s):* There are no FAA forms associated with this collection. *Affected Public:* A total of 18 respondents. *Frequency:* The information is collected monthly. *Estimated Average Burden Per Response:* Approximately 1.2 hours per response. *Estimated Annual Burden Hours:* An estimated 432 hours annually. *Abstract:* The Advanced Qualification Program

(AQP)incorporates data driven quality control processes for validating and maintaining the effectiveness of air carrier training program curriculum content. ADDRESSES: Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES-200, 800 Independence Ave., SW., Washington, DC 20591. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. E8-10556 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Advisory Circular (AC): Reporting of Laser Illumination of Aircraft AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget

(OMB)to approve a current information collection. This collection covers the reporting of unauthorized illumination of aircraft by lasers. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on

(202)267-9895, or by e-mail at: *Carla.Mauney@faa.gov.* SUPPLEMENTARY INFORMATION: Federal Aviation Administration

(FAA)*Title:* Advisory Circular (AC): Reporting of Laser Illumination of Aircraft. *Type of Request:* Extension without change of an approved collection. *OMB Control Number:* 2120-0698. *Form(s):* There are no FAA forms associated with this collection. *Affected Public:* A total of 400 Respondents. *Frequency:* The information is collected as needed. *Estimated Average Burden per Response:* Approximately 15 minutes per response. *Estimated Annual Burden Hours:* An estimated 100 hours annually. *Abstract:* This collection covers the reporting of unauthorized illumination of aircraft by lasers. ADDRESSES: Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES-200, 800 Independence Ave., SW., Washington, DC 20591. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. E8-10557 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; License Requirements for Operation of a Launch Site AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget

(OMB)to approve a current information collection. The information to be collected includes data required for performing launch site location analysis. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on

(202)267-9895, or by e-mail at: *Carla.Mauney@faa.gov.* SUPPLEMENTARY INFORMATION: Federal Aviation Administration

(FAA)*Title:* License Requirements for Operation of a Launch Site. *Type of Request:* Extension without change of an approved collection. *OMB Control Number:* 2120-0644. *Form(s):* There are no FAA forms associated with this collection. *Affected Public:* A total of 2 respondents. *Frequency:* The information is collected on occasion. *Estimated Average Burden per Response:* Approximately 1,551 hours per response. *Estimated Annual Burden Hours:* An estimated 3,102 hours annually. *Abstract:* The information to be collected includes data required for performing launch site location analysis. The launch site license is valid for a period of 5 years. Respondents are licensees authorized to operate sites. ADDRESSES: Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES-200, 800 Independence Ave., SW., Washington, DC 20591. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. E8-10558 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Commercial Space Transportation Reusable Launch Vehicle and Reentry Licensing Regulation AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget

(OMB)to approve a current information collection. The information is used to determine if applicants satisfy requirements for obtaining a launch license to protect the public from risks associated with reentry operations from a site not operated by or situated on a Federal launch range. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on

(202)267-9895, or by e-mail at: *Carla.Mauney@faa.gov.* SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA). *Title:* Commercial Space Transportation Reusable Launch Vehicle and Reentry Licensing Regulation. *Type of Request:* Extension without change of an approved collection. *OMB Control Number:* 2120-0643. *Form(s):* There are no FAA forms associated with this collection. *Affected Public:* A total of 3 respondents. *Frequency:* The information is collected on occasion. *Estimated Average Burden Per Response:* Approximately 3,333 hours per response. *Estimated Annual Burden Hours:* An estimated 10,000 hours annually. *Abstract:* The information is used to determine if applicants satisfy requirements for obtaining a launch license to protect the public from risks associated with reentry operations from a site not operated by or situated on a Federal launch range. ADDRESSES: Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES-200, 800 Independence Ave., SW., Washington, DC 20591. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. E8-10559 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; FAA Acquisition Management System (FAAAMS) AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget

(OMB)to approve a current information collection. Pursuant to Public Law 104-50, the FAA implements an acquisition management system that addresses the unique needs of the agency. This document established the policies and internal procedures for the FAA's acquisition system. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on

(202)267-9895, or by e-mail at: *Carla.Mauney@faa.gov.* SUPPLEMENTARY INFORMATION: Federal Aviation Administration

(FAA)*Title:* FAA Acquisition Management System (FAAAMS). *Type of Request:* Extension without change of an approved collection. *OMB Control Number:* 2120-0595. *Form(s):* 93 Forms available online: *http://fast.faa/gov/docs/forms/form.html.* *Affected Public:* A total of 15,298 respondents. *Frequency:* The information is collected on occasion. *Estimated Average Burden per Response:* Approximately 6.5 hours per response. *Estimated Annual Burden Hours:* An estimated 1,701,099 hours annually. *Abstract:* Pursuant to Public Law 104-50, the FAA implements an acquisition management system that addresses the unique needs of the agency. This document established the policies and internal procedures for the FAA's acquisition system. ADDRESSES: Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES-200, 800 Independence Ave., SW., Washington, DC 20591. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. E8-10561 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Crewmember Demand Oxygen Mask AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of availability. SUMMARY: This notice announces the availability of Technical Standard Order

(TSO)C-78a, Crewmember Demand Oxygen Mask. This TSO tells persons seeking a TSO authorization

(TSOA)or letter of design approval

(LODA)what minimum performance standards

(MPS)their crewmember demand oxygen mask must meet to be identified with the appropriate TSO marking. This TSO has been revised to address a general requirement for oxygen masks to be supplied with an oxygen supply tube. DATES: TSO-C78a will be available on or before June 13, 2008. FOR FURTHER INFORMATION CONTACT: Mr. John Petrakis, AIR-120, Room 815, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. Telephone

(202)267-9274, fax

(202)267-5340, or e-mail at: *john.petrakis@faa.gov.* SUPPLEMENTARY INFORMATION: Background TSO C-78a addresses crewmember demand oxygen masks and breathing valves that use either panel mounted or mask mounted demand and pressure-demand oxygen regulators. This “a” revision to TSO-C78, became effective on February 13, 2008. Shortly after its release, we determined that the general requirement to provide an oxygen supply tube for Type II and Type IV oxygen masks needed to be revised. While an oxygen supply tube is a required component of the Type II and Type IV oxygen mask, the original TSO C-78 manufacturers are approved to provide oxygen supply tubes of different lengths. The lengths of those oxygen tubes provided by the manufacturer are aircraft specific. As is the case with all FAA approved TSO articles, which are only design and production approvals, the installation of a TSO C-78 or C-78a approved crewmember demand oxygen mask requires a separate installation approval. Therefore, to eliminate any confusion, we revised appendix 1 of TSO C-78a by removing changes we made to paragraph 3.9, Oxygen Supply Tube, regarding the length of the oxygen supply tube. How to Obtain Copies You can view or download TSO C-78a from its online location at: * http:// www.faa.gov/regulations_policies/orders_notices/ * . At this Web page, select Technical Standard Orders

(TSO)Database. At the TSO page, select “Current.” For a paper copy, contact the person listed in For Further Information Contact. Note that referenced SAE International documents are copyrighted and may not be reproduced without the written consent of SAE International. You may purchase copies of SAE International documents from: SAE International, 400 Commonwealth Drive, Warrendale, PA 15096-0001, or directly from their Web site: *http://www.sae.org/.* Issued in Washington, DC, on May 7, 2008. Susan J. M. Cabler, Assistant Manager, Aircraft Engineering Division, Aircraft Certification Service. [FR Doc. E8-10555 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Approval of Finding of No Significant Impact (FONSI) on a Short Form Environmental Assessment (EA); Quad City International Airport; Moline, IL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Approval of Documents. SUMMARY: The Federal Aviation Administration

(FAA)is issuing this notice to advise the public of the approval of a Finding of No Significant Impact (FONSI) on an Environmental Assessment for proposed Federal actions at Quad City International Airport, Moline, Illinois. The FONSI specifies that the proposed federal actions and local development projects are consistent with existing environmental policies and objectives as set forth in the National Environmental Policy Act of 1969 and will not significantly affect the quality of the environment. A description of the proposed Federal actions is:

(a)To issue an environmental finding to allow approval of the Airport Layout Plan

(ALP)for the development items listed below. The items in the local airport development project are to: Construct hangar, apron, connecting taxiways, entrance road, auto parking lot, fuel farm and dispenser, extend utilities and relocate the Automated Surface Observing System (ASOS), all including necessary lighting, grading and drainage. Copies of the environmental decision and the Short Form EA are available for public information review during regular business hours at the following locations: 1. Quad City International Airport, 2200 69th Avenue, Moline, IL 61265. 2. Division of Aeronautics-Illinois Department of Transportation, One Langhorne Bond Drive, Capital Airport, Springfield, IL 62707. 3. Federal Aviation Administration, Chicago Airports District Office, 2300 East Devon Avenue, Room 320, Des Plaines, Illinois 60018. FOR FURTHER INFORMATION CONTACT: Amy B. Hanson, Environmental Protection Specialist, Federal Aviation Administration, Chicago Airports District Office, Room 320, 2300 East Devon Avenue, Des Plaines, Illinois 60018. Ms. Hanson can be contacted at

(847)294-7354 (voice),

(847)294-7046 (facsimile) or by e-mail at *amy.hanson@faa.gov* . Issued in Des Plaines, Illinois, on April 30, 2008. Mia Ratcliff, Acting Manager, Chicago Airports District Office, FAA, Great Lakes Region. [FR Doc. E8-10434 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Request for Public Comment, Elkins Randolph County Airport, Elkins, WV AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Request for public comment. SUMMARY: The Federal Aviation Administration is requesting public comment on the proposed release of 5.67 acres of land currently owned by the Elkins Randolph County Airport, Elkins, West Virginia. The parcel is located at Chenoweth Creek; Beverly District, Elkins, West Virginia. The property is undeveloped and is not needed for aeronautical purposes. Once released, the land will be exchanged for 5.67 acres of land situated within the approach of Runway 23. This property is to be exchanged to facilitate Runway Protection Zone requirements. The airport land being released is not needed for airport development as shown on the Airport Layout Plan. Fair Market Value of the land has been established for the land exchange between the Elkins Randolph Airport and the aforementioned property. DATES: Comments must be received on or before June 13, 2008. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the following address: Connie Boley-Lilly, Program Specialist, Federal Aviation Administration, Beckley Airports Field Office, 176 Airport Circle, Room 101, Beaver, West Virginia 25813. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Joe Biola, President of the Elkins Randolph County Airport Authority, Elkins Randolph County Airport at the following address: Joe Biola, President, Elkins Randolph County Airport Authority, Elkins Randolph County Airport, Rt. 1, Box 271-1, Elkins, West Virginia 26241. FOR FURTHER INFORMATION CONTACT: Connie Boley-Lilly, Program Specialist, Beckley Airport Field Office,

(304)252-6216 ext. 125, FAX

(304)253-8028. SUPPLEMENTARY INFORMATION: On April 5, 2000, new authorizing legislation became effective. That bill, the Wendell H. Ford Aviation investment and Reform Act for the 21st Century, Public Law 10-181 (April 5,2000; 114 Stat. 61) (AIR 21) requires that a 30 day public notice must be provided before the Secretary may waive any condition imposed on an interest in surplus property. Issued in Beckley, West Virginia on April 29, 2008. Matthew P. DiGiulian, Manager, Beckley Airport Field Office, Eastern Region. [FR Doc. E8-10428 Filed 5-13-08; 8:45 am] BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number: MARAD 2006-25549] Availability of a Finding of No Significant Impact AGENCY: Department of Transportation, Maritime Administration. ACTION: Notice of the availability of a Finding of No Significant Impact SUMMARY: The purpose of this Notice is to make available to the public the Finding of No Significant Impact (FONSI) derived from the Environmental Assessment

(EA)regarding the Decommissioning of the Nuclear Ship *Savannah.* The objective of this Project is to consider the available decommissioning options for the Nuclear Regulatory Commission

(NRC)licensed nuclear facilities onboard the N.S. *Savannah.* FOR FURTHER INFORMATION CONTACT: Erhard W. Koehler, Manager, N.S. *Savannah* Programs, Office of Ship Disposal Programs, U.S. Maritime Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590; telephone

(202)366-2631, fax

(202)366-3954; e-mail *Erhard.koehler@dot.gov* or *savannah@dot.gov* SUPPLEMENTARY INFORMATION: NRC regulations at 10 CFR 50.82(a)(3) require decommissioning and license termination of nuclear power reactors within 60 years of permanent cessation of operations. For the N.S. *Savannah,* the effective end date for license termination occurs in 2031. The Maritime Administration completed an EA that studied potential environmental effects associated with three alternatives for decommissioning of the NRC-licensed nuclear power plant onboard the N.S. *Savannah.* The EA considered potential effects to the natural and human environment including: air quality; water quality; geology and soils; coastal resources; terrestrial resources; aquatic resources; navigation; hazardous materials; cultural and historic resources; visual and aesthetic resources; and other topics associated with the proposed action. The FONSI is based on the analysis presented in the Nuclear Ship *Savannah* Decommissioning EA. Copies of the FONSI and the EA will be made available for review upon request. Requests may be forwarded by e-mail to *savannah@dot.gov.* The FONSI and EA may be viewed online at *http://www.regulations.gov.* Authority: 49 CFR 1.66. By Order of the Maritime Administrator. Dated: May 7, 2008. Christine Gurland, Secretary, Maritime Administration. [FR Doc. E8-10683 Filed 5-13-08; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2008-0088; Notice 1] Ford Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance Ford Motor Company (Ford), on behalf of Jaguar and Land Rover, has determined that certain motor vehicles seat belt assemblies sold during the period 1981 through 2008 for certain model year 1981 through 2008 Jaguar and Land Rover make vehicles, did not fully comply with paragraphs S4.1(k) and S4.1(l) of 49 CFR 571.209 Federal Motor Vehicle Safety Standards (FMVSS) No. 209 *Seat Belt Assemblies.* Ford has filed an appropriate report pursuant to 49 CFR Part 573, *Defect and Noncompliance Responsibility and Reports* . Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule at 49 CFR part 556), Ford has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Ford's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are an undetermined number of model year 1981 through 2008 Jaguar and Land Rover make passenger cars and multi-purpose vehicles. Ford stated that because these seat belt assemblies are supplied as replacement parts they can be used for non-warranty purposes, and therefore it is unable to ascertain into which individual vehicles these parts may have been installed. The model years that are affected are: 2001-2008 Model Year Jaguar X-Type 1999-2008 Model Year Jaguar S-Type 1982-2008 Model Year Jaguar XJ 1997-2008 Model year Jaguar XK 1981-1996 Model Year Jaguar XJS 2002-2005 Model Year Land Rover Freelander 2008 Model Year Land Rover LR2 1993-1997 Model Year Land Rover Defender 1994-1999 Model Year Land Rover Discovery Series I 1999-2004 Model Year Land Rover Discovery Series II 2005-2008 Model Year Land Rover LR3 1987-2008 Model Year Land Rover Range Rover 2006-2008 Model Year Land Rover Range Rover Sport Paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209 require:

(k)Installation instructions. A seat belt assembly, other than a seat belt assembly installed in a motor vehicle by an automobile manufacturer, shall be accompanied by an instruction sheet providing sufficient information for installing the assembly in a motor vehicle. The installation instructions shall state whether the assembly is for universal installation or for installation only in specifically stated motor vehicles, and shall include at least those items specified in SAE Recommended Practice J800c, “Motor Vehicle Seat Belt Installations,” November 1973. If the assembly is for use only in specifically stated motor vehicles, the assembly shall either be permanently and legibly marked or labeled with the following statement, or the instruction sheet shall include the following statement: This seat belt assembly is for use only in [insert specific seating position(s), e.g., “front right”] in [insert specific vehicle make(s) and model(s)].

(l)Usage and maintenance instructions. A seat belt assembly or retractor shall be accompanied by written instructions for the proper use of the assembly, stressing particularly the importance of wearing the assembly snugly and properly located on the body, and on the maintenance of the assembly and periodic inspection of all components. The instructions shall show the proper manner of threading webbing in the hardware of seat belt assemblies in which the webbing is not permanently fastened. Instructions for a nonlocking retractor shall include a caution that the webbing must be fully extended from the retractor during use of the seat belt assembly unless the retractor is attached to the free end of webbing which is not subjected to any tension during restraint of an occupant by the assembly. Instructions for Type 2a shoulder belt shall include a warning that the shoulder belt is not to be used without a lap belt. Ford explains that the subject seat belt assemblies were sold in the United States and federalized territories without the installation, usage, and maintenance instructions required by paragraphs in S4.1(k) and S4.1(1) of FMVSS 209. Ford makes the argument that the service seat belt assemblies in question are only made available to Jaguar and Land Rover authorized dealerships for their use or subsequent resale and that the Jaguar and Land Rover parts ordering process used by its dealers clearly identifies the correct service part required by model year, model, and seating position. By way of example, Ford further explains that an order for a driver's-side front buckle assembly for a 2002 model year Range Rover would be filled by the components specifically designed to be installed in that particular position in that specific vehicle. Furthermore, Ford states that Jaguar's and Land Rover's service seat belt assemblies are designed to be installed properly only in their intended application. Ford additionally states that technicians at Jaguar and Land Rover dealerships that replace seat belts have access to the installation instruction information available in workshop manuals. Installers other than Jaguar and Land Rover dealership technicians also have seat belt installation information available because most workshop manual information, including seat belt replacement information, is made available to the general public on the Jaguar and Land Rover Global Technical Reference

(GTR)Web sites. Ford additionally argues that a significant portion of paragraph S4.1(k) appears to address a concern with proper installation of aftermarket seat belts into vehicles that were not originally equipped with these restraints. Ford also notes that SAE J800c which is cited in the regulation involves installation of “universal type seat belt assemblies,” particularly where no seat belt had previously been installed, and that these concerns do not apply to the service seat belts. The vehicles involved in this petition have uniquely designed seat belt components and replacement seat belt assemblies are installed into the identical location from which the original parts were removed. Ford also states that proper seat belt usage instructions are clearly explained in the Owner Handbook that is included with each new vehicle. Information concerning maintenance, periodic inspection for wear and function of the seat belts, as well as for their proper usage is included in the vehicle Owner Handbook and this information equally applies to replacement seat belt assemblies. Many Jaguar and Land Rover Owner Handbooks are also available to the public, free of charge on the Jaguar and Land Rover

(GTR)Web sites. Ford is not aware of any customer or field reports of service seat belt assemblies being incorrectly installed in the subject applications as a result of installation instructions not accompanying the service part. Ford also is not aware of any reports requesting installation instructions. Ford also informed NHTSA that it has corrected the problem that caused these errors so that they will not be repeated in future production. In summation, Ford states that it believes that because the noncompliances are inconsequential to motor vehicle safety that no corrective action is warranted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods: a. *By mail addressed to:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 am to 5 pm except Federal Holidays. c. *Electronically:* By logging onto the Federal Docket Management System

(FDMS)Web site at *http://www.regulations.gov/.* Follow the online instructions for submitting comments. Comments may also be faxed to 1-202-493-2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). You may view documents submitted to a docket at the address and times given above. You may also view the documents on the Internet at *http://www.regulations.gov* by following the online instructions for accessing the dockets available at that Web site. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the **Federal Register** pursuant to the authority indicated below. *Comment closing date:* June 13, 2008. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: May 8, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8-10730 Filed 5-13-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. DOT-NHTSA-2008-0094] Notice of Receipt of Petition for Decision That Nonconforming 1988-1994 ALPINA Burkard Bovensiepen GmbH B12 5.0 Model Passenger Cars Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 1988-1994 ALPINA Burkard Bovensiepen GmbH (ALPINA) B12 5.0 model passenger cars are eligible for importation. SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1988-1994 ALPINA B12 5.0 model passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards. DATE: The closing date for comments on the petition is June 13, 2008. ADDRESSES: Comments should refer to the docket and notice numbers above and be submitted by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. Please see the Privacy Act heading below. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-19478). *How to Read Comments Submitted to the Docket:* You may read the comments received by Docket Management at the address and times given above. You may also view the documents from the Internet at *http://www.regulations.gov* . Follow the online instructions for accessing the dockets. The docket ID number and title of this notice are shown at the heading of this document notice. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151). SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS, and has no substantially similar U.S.-certified counterpart, shall be refused admission into the United States unless NHTSA has decided that the motor vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the **Federal Register** of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the **Federal Register** . 101 Innovations, LLC, of Ferndale, Washington (101 Innovations)(Registered Importer 07-350) has petitioned NHTSA to decide whether nonconforming 1988-1994 ALPINA B12 5.0 model passenger cars are eligible for importation into the United States. 101 Innovations believes that these vehicles are capable of being modified to meet all applicable FMVSS. In its petition, 101 Innovations stated its belief that nonconforming 1988-1994 ALPINA B12 5.0 model passenger cars are substantially similar to both the U.S. version 1988-1994 BMW 7-series

(e32)passenger cars and the nonconforming 1988-1994 BMW 7-series

(e32)passenger cars that are eligible for importation by Registered Importers under vehicle eligibility number VSP-299 and VSA-28. 101 Innovations explained that the subject 1988-1994 ALPINA B12 5.0 model passenger cars were originally manufactured by BMW as 7-series

(e32)passenger cars and were subsequently altered by ALPINA Burkard Bovensiepen GmbH. 101 Innovations additionally explained that ALPINA Burkard Bovensiepen GmbH assigned new VINs to the altered vehicles prior to the vehicles being sold as ALPINA brand vehicles in Europe and other regions outside of the United States. While there may be similarities between the 1988-1994 ALPINA B12 5.0 model passenger cars and the 1988-1994 BMW 7-series

(e32)passenger cars that BMW has manufactured for importation into and sale in the United States, NHTSA has decided that due to the vehicle and VIN alterations, the 1988-1994 ALPINA B12 5.0 model passenger cars cannot be regarded as substantially similar to 1988-1994 BMW 7-series

(e32)passenger cars for the purpose of establishing import eligibility under section 30141(a)(1)(A). Therefore, we will construe 101 Innovation's petition as a petition pursuant to 49 U.S.C. 30141(a)(1)(B), seeking to establish import eligibility for the 1988-1994 ALPINA B12 5.0 model passenger cars on the basis that they have safety features that comply with, or are capable of being modified to comply with, the FMVSS based on destructive test data or such other evidence that NHTSA decides to be adequate. 101 Innovations submitted information with its petition intended to demonstrate that non-U.S. certified 1988-1994 ALPINA B12 5.0 model passenger cars conform to many FMVSS and are capable of being altered to comply with all other standards to which they were not originally manufactured to conform. Specifically, the petitioner claims, based on a comparison with the U.S. certified 1988-1994 BMW 7-series

(e32)passenger cars, that non-U.S. certified 1988-1994 ALPINA B12 5.0 model passenger cars, as originally manufactured, conform to: Standard Nos. 102 *Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect* , 103 *Windshield Defrosting and Defogging Systems* , 104 *Windshield Wiping and Washing Systems* , 105 *Hydraulic Brake Systems* , 106 *Brake Hoses* , 107 *Reflecting Surfaces* , 109 *New Pneumatic Tires* , 113 *Hood Latch System* , 116 *Motor Vehicle Brake Fluids* , 124 *Accelerator Control Systems* , 201 *Occupant Protection in Interior Impact* , 202 *Head Restraints* , 204 *Steering Control Rearward Displacement* , 205 *Glazing Materials* , 206 *Door Locks and Door Retention Components* , 207 *Seating Systems* , 210 *Seat Belt Assembly Anchorages* , 211 *Wheel Nuts, Wheel Discs and Hub Caps* , 212 *Windshield Mounting* , 214 *Side Impact Protection* , 216 *Roof Crush Resistance* , 219 *Windshield Zone Intrusion* , 301 *Fuel System Integrity* , and 302 *Flammability of Interior Materials* . In addition, the petitioner claims that the vehicles comply with the Bumper Standard found in 49 CFR part 581. The petitioner also contends that the vehicles are capable of being altered to meet the following standards, in the manner indicated: Standard No. 101 *Controls and Displays:* Installation of U.S.-model instrument cluster and U.S.-version software. Standard No. 108 *Lamps, Reflective Devices and Associated Equipment* : Installation of U.S.-model:

(a)Headlamps;

(b)front and rear side marker lamps; and

(c)rear high mounted stop lamp and associated wiring. Standard No. 110 *Tire Selection and Rims* : Installation on the vehicle of a tire information placard. Standard No. 111 *Rearview Mirrors* : Installation of a U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of that mirror. Standard No. 114 *Theft Protection* : Installation of U.S.-version software and a U.S.-model ignition switch to meet the requirements of this standard. Standard No. 115 *Vehicle Identification:* Installation of a vehicle identification plate near the left windshield post to meet the requirements of this standard. Standard No. 118 *Power-Operated Window, Partition, and Roof Panel Systems* : Inspection of all vehicles and modification or deactivation of any remote activation features that cause the system not to conform to the standard. Standard No. 208 *Occupant Crash Protection:*

(a)Installation of U.S.-model knee bolsters; and

(b)inspection of all vehicles and replacement of any non U.S.-model air bag system components, including all warning systems, warning labels and telltales, with U.S.-model components on vehicles not already so equipped. Standard No. 209 *Seat Belt Assemblies* : Inspection of all vehicles and replacement of any non U.S.-model seat belt components on vehicles not already so equipped. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the **Federal Register** pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: May 8, 2008. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E8-10729 Filed 5-13-08; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35125] Dakota, Minnesota & Eastern Railroad Corporation—Acquisition Exemption—Line of BNSF Railway Company AGENCY: Surface Transportation Board, DOT. ACTION: Notice of exemption. SUMMARY: Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the prior approval requirements of 49 U.S.C. 10902 for Dakota, Minnesota & Eastern Railroad Corporation to acquire from BNSF Railway Company an approximately 3.5-mile rail line, known as the Yale Extension, extending from milepost 145.0 to milepost 148.5 in Yale, SD. The exemption is subject to employee protective conditions. DATES: The exemption will be effective on June 13, 2008. Petitions to stay must be filed by May 29, 2008. Petitions to reopen must be filed by June 9, 2008. ADDRESSES: An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35125, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one copy of all pleadings must be served on petitioner's representative: William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar,

(202)245-0395. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board's decision. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: May 8, 2008. By the Board, Chairman Nottingham, Vice Chairman Mulvey, and Commissioner Buttrey. Anne K. Quinlan, Acting Secretary. [FR Doc. E8-10833 Filed 5-13-08; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 7, 2008. The Department of the Treasury will submit the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13 on or after the date of publication of this notice. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, and 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before June 13, 2008 to be assured of consideration. Internal Revenue Service

(IRS)*OMB Number:* 1545-0731. *Type of Review:* Extension. *Title:* PS-262-82 (Final) Definition of an S Corporation. *Description:* The regulations provide the procedures and the statements to be filed by certain individuals for making the election under section 1361(d)(2), the refusal to consent to that election, or the revocation of that election. The statements required to be filed would be used to verify that taxpayers are complying with requirements imposed by Congress under subchapter S. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 1,005 hours. *OMB Number:* 1545-0988. *Type of Review:* Extension. *Title:* Form 8609, Low-Income Housing Credit Allocation Certification, Schedule A (Form 8609) Annual Statement. *Form:* 8609. *Description:* Owners of residential low-income rental buildings may claim a low-income housing credit for each qualified building over a 10-year credit period. Form 8609 is used to bet a credit allocation from the housing-credit agency. The form, along with Schedule A, is used by the owner to certify necessary information required by the law. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 3,329,400 hours. *OMB Number:* 1545-2089. *Type of Review:* Extension. *Title:* Report of Employer-Owned Life Insurance Contracts. *Form:* 8925. *Description:* IRC 6039I requires every policyholder of employer-owned life insurance contracts to file a return showing the number of contracts owned, the total number of employees at the end of the year, the number of such employees insured, and that the policyholder has a valid consent for each insured employee. Form 8925 is used to report this information. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 71,360 hours. *OMB Number:* 1545-1570. *Type of Review:* Extension. *Title:* REG-120168-97 (Final) Preparer Due Diligence Requirements for Determining Earned Income Credit Eligibility. *Description:* Income tax return preparers who satisfy the due diligence requirements in this regulation will avoid the imposition of the penalty under section 6695(g) of the Internal Revenue Code for returns or claims for refund due after December 31, 1997. The due diligence requirements include soliciting the information necessary to determine a taxpayer's eligibility for, and amount of, the Earned Income Tax Credit, and the retention of this information. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 507,136 hours. *OMB Number:* 1545-2086. *Type of Review:* Extension. *Title:* Notice 2007-100, Transition Relief and Guidance on Corrections of Certain Failures of a Nonqualified Deferred Compensation Plan to comply with § 409A(a) in Operation. *Description:* This Notice sets forth the procedures to be followed by service recipients and service provides in order to correct certain operational failures of a nonqualified deferred compensation plan to comply with § 409A(a). It also describes the types of operational failures that can be corrected under the Notice. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 5,000 hours. *OMB Number:* 1545-1914. *Type of Review:* Revision. *Title:* Low Sulfur Diesel Fuel Production Credit. *Form:* 8896. *Description:* IRC section 45H allows small business refiners a 5 cent/gallon credit for the production of low sulfur diesel fuel. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 313 hours. *OMB Number:* 1545-1780. *Type of Review:* Extension. *Title:* TD 9052—Notice of Significant Reduction in the Rate of Future Benefit Accrual; REG-136193-01 (Final) Notice of Significant Reduction in the Rate of Future Benefit Accrual. *Form:* 1065-B, Schedule K-1. *Description:* In order to protect the rights of participants in qualified pension plans, plan administrators must provide notice to plan participants and other parties, if the plan is amended in a particular manner. No government agency receives this information. *Respondents:* Businesses and other for-profit institutions. *Estimated Total Burden Hours:* 40,000 hours. *OMB Number:* 1545-1672. *Type of Review:* Extension. *Title:* REG-142299-01 and REG-209135-88 (Final) Certain Transfers of Property to Regulated Investment Companies

(RICs)and Real Estate Investment Trusts (REITs). *Description:* The regulation applies with respect to the net built-in gain of Corporation property that becomes property of a Regulated Investment Company

(RIC)or Real Estate Investment Trust

(REIT)by the qualification of a Corporation as a RIC or REIT or by the transfer of property of a Corporation to a RIC or REIT in certain tax-free transactions. *Respondents:* Businesses or other for-profit institutions. *Estimated Total Burden Hours:* 70 hours. *Clearance Officer:* Glenn P. Kirkland,

(202)622-3428, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. *OMB Reviewer:* Alexander T. Hunt,

(202)395-7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Robert Dahl, Treasury PRA Clearance Officer. [FR Doc. E8-10710 Filed 5-13-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Assistance

(VITA)Issue Committee AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. SUMMARY: An open meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Friday, June 13, 2008, and Saturday, June 14, 2008. FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or

(718)488-3557. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.

(1988)that a meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be held Friday, June 13, 2008, 8:30 a.m. to 5 p.m., and Saturday, June 14, 2008, from 8 a.m. to noon, in Atlanta, GA. You can submit written comments to the panel by faxing to

(718)488-2062, or by mail to Taxpayer Advocacy Panel, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY 11201, or you can contact us at *http://www.improveirs.org.* Public comments will also be welcome during the meeting. Please contact Marisa Knispel at 1-888-912-1227 or

(718)488-3557 for additional information. The agenda will include the following: Various VITA Issues. Dated: May 2, 2008. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E8-10696 Filed 5-13-08; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-New (VA Form 0730a)] Proposed Information Collection (Child Care Subsidy) Activity: Proposed Collection; Comment Request AGENCY: Human Resources Management, Department of Veterans Affairs. AGENCY: Notice. SUMMARY: The Human Resources Management (HRM), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed new collection, and allow 60 days for public comment in response to this notice. This notice solicits comments on information needed to determine VA employees' eligibility to participate in VA's child care subsidy program. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 14, 2008. ADDRESSES: Submit written comments on the collection of information through *http://www.Regulations.gov;* or to Katie McCullough-Bradshaw, Human Resources Management (058), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail *Katie.McCullough-Bradshaw@mail.va.gov.* Please refer to “OMB Control No. 2900-New (VA Form 0730a)” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Katie McCullough-Bradshaw at

(202)461-7076 or FAX

(202)275-7607. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, HRM invites comments on:

(1)Whether the proposed collection of information is necessary for the proper performance of HRM's functions, including whether the information will have practical utility;

(2)the accuracy of HRM's estimate of the burden of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Titles:* a. Child Care Subsidy Application Form, VA Form 0730a. b. Child Care Provider Information (For the Child Care Subsidy Program), VA Form 0730b. *OMB Control Number:* 2900-New. *Type of Review:* New collection. *Abstracts:* a. VA employees complete VA Form 0730a to request participation in the VA child care subsidy program. VA will use the data collected to determine the percentage of monthly costs to be subsidized for child care. b. VA Form 0730b is completed by the child care provider. The data will be used to determine whether the child care provider is licensed and/or regulated by the state to perform child care. *Affected Public:* Individuals or households and business or other for profit. *Estimated Annual Burden:* a. VA Form 0730a—667 hours. b. VA Form 0730b—333 hours. *Estimated Average Burden per Respondent:* a. VA Form 0730a—20 minutes. b. VA Form 0730b—10 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* a. VA Form 0730a—2,000. b. VA Form 0730b—2,000. Dated: May 5, 2008. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E8-10739 Filed 5-13-08; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0556] Proposed Information Collection (Living Will and Durable Power of Attorney for Health Care) Activity: Comment Request AGENCY: Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Health Administration

(VHA)is announcing an opportunity for public comment on the proposed collection of certain information used by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to record patient's specific instructions about health care decisions in the event he or she is no longer has decision-making capability. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 14, 2008. ADDRESSES: Submit written comments on the collection of information through *http://www.Regulations.gov;* or to Mary Stout, Veterans Health Administration (193E1), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail: *mary.stout@va.gov.* Please refer to “OMB Control No. 2900-0556” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Mary Stout

(202)461-5867 or FAX

(202)273-9381. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(1)Whether the proposed collection of information is necessary for the proper performance of VHA's functions, including whether the information will have practical utility;

(2)the accuracy of VHA's estimate of the burden of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title: VA Advance Directive:* Living Will and Durable Power of Attorney for Health Care, VA Form 10-0137. *OMB Control Number:* 2900-0556. *Type of Review:* Extension of a currently approved collection. *Abstract:* Claimants admitted to a VA medical facility complete VA Form 10-0137 to appoint a health care agent to make decision about his or her medical treatment and to record specific instructions about their treatment preferences in the event they no longer can express their preferred treatment. VA's health care professionals use the data to carry out the claimant's wish. *Affected Public:* Individuals or households. *Estimated Total Annual Burden:* 171,811 hours. *Estimated Average Burden Per Respondent:* 30 minutes. *Frequency of Response:* One time. *Estimated Number of Respondents:* 343,622. Dated: May 5, 2008. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E8-10740 Filed 5-13-08; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0108] Proposed Information Collection (Report of Income From Property or Business) Activity; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed revision of a currently approved collection and allow 60 days for public comment in response to this notice. This notice solicits comments on information needed to determine whether children's incomes can be excluded from consideration in determining a parent's eligibility for non-service-connected pension. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 14, 2008. ADDRESSES: Submit written comments on the collection of information through *http://www.Regulations.gov* or to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail to *nancy.kessinger@va.gov.* Please refer to “OMB Control No. 2900-0108” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at

(202)461-9769 or FAX

(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;

(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Report of Income from Property or Business, VA Form 21-4185. *OMB Control Number:* 2900-0108. *Type of Review:* Extension of a currently approved collection. *Abstract:* Claimants complete VA Form 21-4185 to report income and expenses that derived from rental property and/or operation of a business. VA uses the information to determine whether the claimant is eligible for VA benefits and, if eligibility exists, the proper rate of payment. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 3,500 hours. *Estimated Average Burden per Respondent:* 30 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 2,700. Dated: May 5, 2008. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E8-10741 Filed 5-13-08; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0545] Proposed Information Collection (Report of Medical, Legal, and Other Expenses Incident to Recovery for Injury or Death) Activity: Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection and allow 60 days for public comment in response to this notice. This notice solicits comments for information needed to determine a claimant's entitlement to income based benefits and the amount payable. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 14, 2008. ADDRESSES: Submit written comments on the collection of information through *http://www.Regulations.gov* or to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail to *nancy.kessinger@va.gov.* Please refer to “OMB Control No. 2900-0545” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at

(202)461-9769 or FAX

(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501—3521), Federal agencies must obtain approval from the Office of Management and Budget

(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;

(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Report of Medical, Legal, and Other Expenses Incident to Recovery for Injury or Death, VA Form 21-8416b. *OMB Control Number:* 2900-0545. *Type of Review:* Extension of a currently approved collection. *Abstract:* Claimants complete VA Form 21-8416b to report compensation awarded by another entity or government agency for personal injury or death. Such award is consider as countable income; however, medical, legal or other expenses incident to the injury or death, or incident to the collection or recovery of the compensation may be deducted from the amount awarded or settled. The information collected is use to determine the claimant's eligibility for income based benefits and the rate payable. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 1,125 hours. *Estimated Average Burden per Respondent:* 45 minutes. *Frequency of Response:* One time. *Estimated Number of Respondents:* 1,500. Dated: May 5, 2008. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E8-10744 Filed 5-13-08; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-New (VA Form 4939)] Proposed Information Collection (Complaint of Employment Discrimination) Activity: Comment Request AGENCY: Human Resources and Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Human Resources and Administration (HRA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed new collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to process complaints of employment discrimination filed by former VA employees and applicants for employment. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 14, 2008. ADDRESSES: Submit written comments on the collection of information to Lillette Turner, Human Resources and Administration, Office of Resolution Management (08B), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 or e-mail: *lillette.turner@va.gov.* Please refer to “OMB Control No. 2900-New (VA Form 4939)” in any correspondence. FOR FURTHER INFORMATION CONTACT: Lillette Turner at

(202)501-2685 or FAX

(202)501-2811. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(1)Whether the proposed collection of information is necessary for the proper performance of HRA's functions, including whether the information will have practical utility;

(2)the accuracy of HRA's estimate of the burden of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Complaint of Employment Discrimination, VA Form 4939. *OMB Control Number:* 2900-new (VA Form 4939). *Type of Review:* New collection. *Abstract:* VA employees, former employees and applicants for employment who believe they were denied employment based on race, color, religion, gender, national origin age, physical or mental disability and/ or reprisal for prior Equal Employment Opportunity activity complete VA Form 4939 to file complaint of discrimination. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 162 hours. *Estimated Average Burden Per Respondent:* 30 minutes. *Frequency of Response:* One time. *Estimated Number of Respondents:* 324. Dated: May 5, 2008. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E8-10745 Filed 5-13-08; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-New (10-21087)] Proposed Information Collection (Deployment Risk and Resilience Inventory (DRRI); Comment Request AGENCY: Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Health Administration (VHA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed new collection, and allow 60 days for public comment in response to the notice. This notice solicits comments for information needed to prepare future military personnel for the challenges of being deployed overseas and how to better assist them after deployment. DATES: Written comments and recommendations on the proposed collection of information should be received on or before July 14, 2008. ADDRESSES: Submit written comments on the collection of information through *http://www.Regulations.gov;* or to Mary Stout, Veterans Health Administration (193E1), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or e-mail: *mary.stout@va.gov.* Please refer to “OMB Control No. 2900-New (10-21087)” in any correspondence. During the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Mary Stout

(202)461-5867 or FAX

(202)273-9381. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(1)Whether the proposed collection of information is necessary for the proper performance of VHA's functions, including whether the information will have practical utility;

(2)the accuracy of VHA's estimate of the burden of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Deployment Risk and Resilience Inventory (DRRI), VA Form 10-21087. *OMB Control Number:* 2900-New (10-21087). *Type of Review:* New collection. *Abstract:* The primary goal of the DRRI project is to provide a suite of scales that will be useful to researchers and clinicians to study factors that increase or reduce risk for Post Traumatic Stress Disorder

(PTSD)and other health problems that Operation Enduring Freedom/Operation Iraqi Freedom veterans experienced before, during, and after deployment. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 1,383. *Estimated Average Burden Per Respondent:* 50 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 2,000. Dated: May 5, 2008. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E8-10746 Filed 5-13-08; 8:45 am] BILLING CODE 8320-01-P 73 94 Wednesday, May 14, 2008 Presidential Documents Title 3— The President Proclamation 8254 of May 9, 2008 National Defense Transportation Day and National Transportation Week, 2008 By the President of the United States of America A Proclamation America's transportation system strengthens our national security and keeps our country moving. On National Defense Transportation Day and during National Transportation Week, we thank the men and women of the transportation industry for their efforts to ensure that our Nation's infrastructure operates effectively and efficiently. Innovation, investment, and imagination have enabled new modes of transportation to revolutionize the world. Today, businesses can deliver goods and services faster than ever, first responders can quickly bring hope and healing to those in need, and people can visit loved ones across the country or around the globe. The Armed Forces utilize modern transportation to deploy troops, move supplies, and bring our heroes home from the front lines. We are grateful for the hard work of all transportation professionals. My Administration supports the continued creation of safer, more secure, and more reliable roadways, bridges, airports, seaports, and mass transit systems. We are addressing the challenges facing our transportation system today, helping lay the groundwork for future demands, and giving State and local authorities the flexibility to solve transportation problems in their communities. By promoting research in advanced transportation technologies, my Administration is also working to help end our reliance on foreign sources of energy, improve our environment, and strengthen our economic and national security. To recognize the men and women who work in the transportation industry and who contribute to our Nation's well-being and defense, the Congress, by joint resolution approved May 16, 1957, as amended (36 U.S.C. 120), has requested that the President designate the third Friday in May of each year as “National Defense Transportation Day,” and, by joint resolution approved May 14, 1962, as amended (36 U.S.C. 133), that the week during which that Friday falls be designated as “National Transportation Week.” NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim Friday, May 16, 2008, as National Defense Transportation Day and May 11 through May 17, 2008, as National Transportation Week. I encourage all Americans to learn how our modern transportation system contributes to the security of our citizens and the prosperity of our country and to celebrate these observances with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of May, 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. 08-1265 Filed 5-13-08; 8:45 am]

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