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Code · REGISTER · 2008-06-20 · Board of Governors of the Federal Reserve System · Notices

Notices. Notice

51,173 words·~233 min read·/register/2008/06/20/08-1373

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

BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.
The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843).
Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 17, 2008. **A. Federal Reserve Bank of Philadelphia** (Michael E. Collins, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521: *1.
Reliance Bancorp, MHC, and Reliance Bancorp, Inc.* , to become bank holding companies in connection with the reorganization of Reliance Savings Bank, all of Altoona, Pennsylvania, from a state chartered mutual savings bank into a state chartered stock savings bank. Board of Governors of the Federal Reserve System, June 17, 2008. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E8-14013 Filed 6-19-08; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Consumer Advisory Council;
Solicitation of Nominations for Membership AGENCY: Board of Governors of the Federal Reserve System. ACTION: Notice. SUMMARY: The Board is inviting the public to nominate qualified individuals for appointment to its Consumer Advisory Council, whose membership represents interests of consumers, communities, and the financial services industry. New members will be selected for three-year terms that will begin in January 2009. The Board expects to announce the selection of new members in early January.
DATES: Nominations must be received by August 29, 2008. NOMINATIONS NOT RECEIVED BY AUGUST 29 MAY NOT BE CONSIDERED. ADDRESSES: Nominations must include a résumé for each nominee. Electronic nominations are preferred. The appropriate form can be accessed at: *https://www.federalreserve.gov/secure/forms/cacnominationform.cfm* . If electronic submission is not feasible, the nominations can be mailed (not sent by facsimile) to Sheila Maith, Advisor, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, Washington, DC 20551.
FOR FURTHER INFORMATION CONTACT: Jennifer Kerslake, Secretary of the Council, Division of Consumer and Community Affairs,
(202)452-6470, Board of Governors of the Federal Reserve System, Washington, DC 20551. SUPPLEMENTARY INFORMATION: The Consumer Advisory Council was established in 1976 at the direction of the Congress to advise the Federal Reserve Board on the exercise of its duties under the Consumer Credit Protection Act and on other consumer-related matters. The Council by law represents the interests both of consumers and of the financial services industry (15 U.S.C. 1691(b)). Under the Rules of Organization and Procedure of the Consumer Advisory Council (12 CFR 267.3), members serve three-year terms that are staggered to provide the Council with continuity. New members will be selected for terms beginning January 1, 2009, to replace members whose terms expire in December 2008. The Board expects to announce its appointment of new members in early January. Nomination letters should include: • A résumé; • Information about past and present positions held by the nominee, dates, and description of responsibilities; • A description of special knowledge, interests, or experience related to community reinvestment, consumer protection regulations, consumer credit, or other consumer financial services; • Full name, title, organization name, organization description for both the nominee and the nominator; • Current address, email address, telephone and fax numbers for both the nominee and the nominator; and • Positions held in community organizations, and on councils and boards. Individuals may nominate themselves. The Board is interested in candidates who have familiarity with consumer financial services, community reinvestment, and consumer protection regulations, and who are willing to express their views. Candidates do not have to be experts on all levels of consumer financial services or community reinvestment, but they should possess some basic knowledge of the area. They must be able and willing to make the necessary time commitment to participate in conference calls, and prepare for and attend meetings three times a year (usually for two days, including committee meetings). The meetings are held at the Board's offices in Washington, DC. The Board pays travel expenses, lodging, and a nominal honorarium. In making the appointments, the Board will seek to complement the background of continuing Council members in terms of affiliation and geographic representation, and to ensure the representation of women and minority groups. The Board may consider prior years' nominees and does not limit consideration to individuals nominated by the public when making its selection. Council members whose terms end as of December 31, 2008, are: Dorothy Bridges, Chief Executive Officer and President, Franklin National Bank of Minneapolis, Minneapolis, Minnesota Tony T. Brown, President and Chief Executive Officer, Uptown Consortium, Inc., Cincinnati, Ohio Sarah Ludwig, Executive Director, Neighborhood Economic Development, Advocacy Project, New York, New York Mark K. Metz, Senior Vice President and Deputy General Counsel, Wachovia Corporation, Charlotte, North Carolina Lance Morgan, President, Ho-Chunk, Incorporated, Winnebago Tribe of Nebraska, Winnebago, Nebraska Joshua Peirez, Chief Payment System Integrity Officer, MasterCard Worldwide, Purchase, New York Anna McDonald Rentschler, Vice President & BSA Officer, Central Bancompany, Jefferson City, Missouri Faith Arnold Schwartz, Executive Director, HOPE NOW Alliance, Washington, District of Columbia Edward Sivak, Director of Policy and Evaluation, Enterprise Corporation of the Delta, Jackson, Mississippi Alan White, Assistant Professor, Valparaiso University Law School, Valparaiso, Indiana Council members whose terms continue through 2009 and 2010 are: Michael Calhoun, President, Center for Responsible Lending, Durham, North Carolina Alan Cameron, President and Chief Executive Officer, Idaho Credit Union League, Boise, Idaho Jason Engel, Vice President & Chief Regulatory Counsel, Experian, Costa Mesa, California Kathleen Engel, Associate Professor of Law, Cleveland-Marshall College of Law, Cleveland, Ohio Joseph L. Falk, Consultant, Akerman Senterfitt, Miami, Florida Louise J. Gissendaner, Senior Vice President, Director of Community Development, Fifth Third Bank, Cleveland, Ohio Greta Harris, Vice President—Southeast Region, Local Initiatives Support Corporation, Richmond, Virginia Patricia A. Hasson, President, Consumer Credit Counseling Service of Delaware Valley, Inc., Philadelphia, Pennsylvania Thomas P. James, Senior Assistant Attorney General, Consumer Counsel, Office of the Illinois Attorney General, Consumer Fraud Bureau, Chicago, Illinois Lorenzo Littles, Dallas Director, Enterprise Community Partners, Inc., Dallas, Texas Saurabh Narain, Chief Fund Advisor, National Community Investment Fund, Chicago, Illinois Ronald Phillips, President, Coastal Enterprises, Inc., Wiscasset, Maine Kevin Rhein, Division President, Wells Fargo Card Services, Minneapolis, Minnesota Edna Sawady, Managing Director, Market Innovations, Inc., Cleveland, Ohio Shanna Smith, President and CEO, National Fair Housing Alliance, Washington, District of Columbia H. Cooke Sunoo, Director, Asian Pacific Islander Small Business Program, Los Angeles, California Jennifer Tescher, Director, Center for Financial Services Innovation, Chicago, Illinois Stergios “Terry” Theologides, Executive Vice President, General Counsel, Morgan Stanley Home Loans, Fort Worth, Texas Linda Tinney,Vice President, Community Development, West Metro Region Manager, U.S. Bank, Denver, Colorado Luz L. Urrutia, Chief Executive Officer/President, El Banco de Nuestra Comunidad, Roswell, Georgia Board of Governors of the Federal Reserve System, June 16, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-13929 Filed 6-19-08; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Electronic Health Records Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 24th meeting of the American Health Information Community Electronic Health Records Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.). DATES: July 17, 2008, from 1 p.m. to 4 p.m. [Eastern]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please use 3rd Street entrance and bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/healthrecords/.* SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on ways to achieve widespread adoption of certified EHRs, minimizing gaps in adoption among providers. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/healthrecords/ehr_instruct.html* . Dated: June 10, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-13953 Filed 6-19-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Population Health and Clinical Care Connections Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 28th meeting of the American Health Information Community Population Health and Clinical Care Connections Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.). DATES: July 16, 2008, from 2 p.m. to 5 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please use 3rd Street entrance and bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/population/.* SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on how to facilitate the flow of reliable health information among population health and clinical care systems necessary to protect and improve the public's health. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/population/pop_instruct.html* . Dated: June 10, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-13954 Filed 6-19-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Confidentiality, Privacy, & Security Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 21st meeting of the American Health Information Community Confidentiality, Privacy, & Security Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.). DATES: July 24, 2008, from 1 p.m. to 5 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please use 3rd Street entrance and bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION: *http://www.hhs.gov/healthit/ahic/confidentiality/.* SUPPLEMENTARY INFORMATION: The Workgroup Members will continue discussing and evaluating the confidentiality, privacy, and security protections and requirements for participants in electronic health information exchange environments. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/cps_instruct.html* . Dated: June 10, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-13957 Filed 6-19-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Chronic Care Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 26th meeting of the American Health Information Community Chronic Care Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.). DATES: July 10, 2008, from 1 p.m. to 4 p.m., Eastern Time. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please use the 3rd Street entrance and bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/chroniccare/.* SUPPLEMENTARY INFORMATION: The workgroup will discuss progress made to date and future steps regarding secure messaging and remote care as it relates to the transition to the new AHIC. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/chroniccare/cc_instruct.html* . Dated: June 10, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-13958 Filed 6-19-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Personalized Healthcare Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 17th meeting of the American Health Information Community Personalized Healthcare Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.). DATES: July 11, 2008, from 2 p.m. to 4 p.m. [Eastern Time]. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 1114. Please use 3rd Street entrance and bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: *http://www.hhs.gov/healthit/ahic/healthcare/.* SUPPLEMENTARY INFORMATION: The Workgroup will discuss progress made to date and future steps regarding possible common data standards to incorporate interoperable, clinically useful genetic/genomic information and analytical tools into Electronic Health Records (EHRs), as it relates to the transition to the new AHIC. The meeting will be available via Web cast. For additional information, go to: *http://www.hhs.gov/healthit/ahic/healthcare/phc_instruct.html* . Dated: June 10, 2008. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology. [FR Doc. E8-13959 Filed 6-19-08; 8:45 am] BILLING CODE 4150-45-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Announcement of the Availability of the Physical Activity Guidelines Advisory Committee Report, and a Public Comment Period AGENCY: Department of Health and Human Services, Office of the Secretary, Office of Public Health and Science. ACTION: Notice. AUTHORITY: 42 U.S.C. 217a, section 222 of the Public Health Service Act, as amended. The Committee is governed by the provision of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which sets forth standards for the formation and use of advisory committees. SUMMARY: The U.S. Department of Health and Human Services
(a)announces the availability of the *Physical Activity Guidelines Advisory Committee Report, 2008;* and
(b)solicits written comments on the Report. The Physical Activity Guidelines Advisory Committee was charged with reviewing existing scientific literature to identify where there was sufficient evidence to develop a comprehensive set of specific physical activity recommendations. The report to the Secretary of HHS documents the scientific background and rationale for the issuance of physical activity guidelines. The report also identifies areas where further scientific research is needed. The Committee's evaluation of the science will be utilized by the Department to prepare the *Physical Activity Guidelines for Americans.* The intent is to issue physical activity guidelines for all Americans that will be tailored as necessary for specific subgroups of the population. DATES:
(a)The report of the Physical Activity Guidelines Advisory Committee (the Committee) will be available for comments on June 20, 2008.
(b)Written comments on the Committee's report can be submitted and must be received on or before July 10, 2008. ADDRESSES:
(a)The final Report of the Committee is available electronically at *http://www.health.gov/PAguidelines* or in hard copy for viewing at Suite LL100, 1101 Wootton Parkway, Rockville, Maryland 20852.
(b)Comments may be submitted in any of three ways:
(1)Through the comments link at *http://www.health.gov/PAguidelines;*
(2)by e-mail to *PA.guidelines@hhs.gov;* or
(3)mailed to CAPT Richard Troiano, HHS Office of Disease Prevention and Health Promotion, Office of Public Health and Science, 1101 Wootton Parkway, Suite LL100, Rockville, Maryland 20852, (phone 240-453-8280). FOR FURTHER INFORMATION CONTACT: CAPT Richard Troiano, Executive Secretary, Physical Activity Guidelines Advisory Committee, Department of Health and Human Services, Office of Public Health and Science, Office of Disease Prevention and Health Promotion, Room LL-100, 1101 Wootton Parkway, Rockville, MD 20852, 240-453-8280 (telephone), 240-453-8281 (fax). Additional information is available on the Internet at *http://www.health.gov/PAguidelines.* SUPPLEMENTARY INFORMATION: I. Physical Activity Guidelines Advisory Committee Report The thirteen-member Physical Activity Guidelines Advisory Committee was appointed by the U.S. Department of Health and Human Services in June 2007 to assist the Department in providing sound and current physical activity guidance to Americans. The Committee has finalized its recommendations and submitted its report to the Secretary, Department of Health and Human Services. This Report will serve as the basis for the first edition of the Physical Activity Guidelines for Americans, which HHS expects to publish in October 2008. The *Report of the Physical Activity Guidelines Advisory Committee, 2008* is available electronically at *http://www.health.gov/PAguidelines* or in hard copy for viewing (refer to the ADDRESSES section, above). II. Written Comment By this notice, HHS is soliciting submission of written comments related to the Committee's Report, as well as views, information and data pertinent to preparation of the *Physical Activity Guidelines for Americans.* The Committee's Report will not be amended in response to comments. However, all comments will be considered in the preparation of the *Physical Activity Guidelines for Americans.* Comments must be received by July 10, 2008 to assure consideration. Comments may be submitted in any of three ways:
(1)Through the comments link at *http://www.health.gov/PAguidelines;*
(2)by e-mail to *PA.guidelines@hhs.gov;* or
(3)mailed to CAPT Richard Troiano, HHS Office of Disease Prevention and Health Promotion, Office of Public Health and Science, 1101 Wootton Parkway, Suite LL100, Rockville, Maryland 20852, (phone 240-453-8280). For those submitting written comments more than 5 pages in length, please provide a 1-page summary of key points related to the comments submitted. Dated: June 16, 2008. Sarah R. Linde-Feucht, Deputy Director, Office of Disease Prevention and Health Promotion. [FR Doc. E8-13952 Filed 6-19-08; 8:45 am] BILLING CODE 4150-32-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Statement of Organization, Functions, and Delegations of Authority Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 73 FR 28483-84, dated May 16, 2008) is amended to reflect the reorganization of the National Office of Public Health Genomics, Coordinating Center for Health Promotion, Centers for Disease Control and Prevention. Section C-B, Organization and Functions, is hereby amended as follows: Delete in their entirety the title and functional statement for the *National Office of Public Health Genomics (CUE).* After the *Extramural Research Program Office (CUC18), Office of the Director (CUC1), National Center for Chronic Disease Prevention and Health Promotion (CUC)* , insert the following: *Office of Public Health Genomics (CUC19)* . The Office of Public Health Genomics
(OPHG)provides leadership, policy guidance, coordination, technical expertise, and services to promote the development and implementation of the agency's genomics and public health initiatives. In carrying out this mission, OPHG:
(1)Advises the CDC Director on the integration of genomics into health research and practice issues relevant to the agency;
(2)assesses evolving research advances in genomics with emphasis on their relevance to public health issues and, in cooperation with federal and national institutions, identifies and develops activities for applying CDC's technical expertise for maximum public health benefit;
(3)collaborates with CDC's National Centers (NC), other federal agencies, countries, and organizations, as appropriate, to assist NCs in the development of appropriate policy for the use of genomics within health research and practice initiatives for which they have responsibility;
(4)coordinates plans for the allocation of genomics health resources and assists in the development of external funding sources for programs and projects;
(5)coordinates cross-cutting CDC genomics and public health enterprises;
(6)provides leadership in the development and implementation of strategic planning that extends the CDC Genomics and Disease Prevention Strategic Plan— *Integrating Advances in Human Genetics into Public Health Action (1997)* in the development of institutional capacity;
(7)coordinates collaborations with external agencies, academia, and private industry partners, including administration, budgets, and technical assistance to assure that agency obligations are met;
(8)guides and coordinates activities to integrate genomics competency into national health workforce development with emphasis on recruitment and career enhancement of CDC assignees;
(9)promotes a continuum of public health research for translation and application of the basic research achievements of the Human Genome Project;
(10)stimulates the integration of genomic advances into disease prevention program development; and
(11)provides genomics and disease prevention expertise to NC projects, as appropriate and requested by NCs. Dated: June 10, 2008. William H. Gimson, Chief Operating Officer, Centers for Disease Control and Prevention. [FR Doc. E8-13917 Filed 6-19-08; 8:45 am] BILLING CODE 4160-18-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1812-NC] Medicare and Medicaid Programs; Announcement of an Application From a Hospital Requesting Waiver for Organ Procurement Service Area AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice with comment period. SUMMARY: This notice announces a hospital's request for a waiver from entering into an agreement with its designated organ procurement organization (OPO). This notice requests comments from OPOs and the general public for our consideration in determining whether we should grant the requested waiver. DATE: *Comment Date:* To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on August 19, 2008. ADDRESSES: In commenting, please refer to file code CMS-1812-NC. Because of staff and resource limitations, we cannot accept comments by facsimile
(FAX)transmission. You may submit comments in one of four ways (please choose only one of the ways listed): 1. *Electronically.* You may submit electronic comments on specific issues in this regulation to *http://www.regulations.gov.* Follow the instructions for “Comment or Submission” and enter the filecode to find the document accepting comments. 2. *By regular mail.* You may mail written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1812-NC, P.O. Box 8016, Baltimore, MD 21244-8016. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. *By express or overnight mail.* You may send written comments (one original and two copies) to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-1812-NC, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. *By hand or courier.* If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to either of the following addresses. a. Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.) b. 7500 Security Boulevard, Baltimore, MD 21244-1850. If you intend to deliver your comments to the Baltimore address, please call telephone number
(410)786-9994 in advance to schedule your arrival with one of our staff members. Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period. FOR FURTHER INFORMATION CONTACT: Mark A. Horney,
(410)786-4554. SUPPLEMENTARY INFORMATION: *Inspection of Public Comments:* All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: *http://www.regulations.gov.* Follow the search instructions on that Web site to view public comments. Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951. I. Background Organ Procurement Organizations
(OPOs)are not-for-profit organizations that are responsible for the procurement, preservation, and transport of transplantable organs to transplant centers throughout the country. OPOs are certified by the Centers for Medicare & Medicaid Services
(CMS)to recover or procure organs in CMS-defined exclusive designated service areas (DSAs), according to section 371(b)(1)(F) of the Public Health Service Act (42 U.S.C. 273(b)(1)(F)) and our regulations at 42 CFR 486.303 through 486.308. Once an OPO has been designated for a DSA, hospitals and critical access hospitals
(CAHs)in that DSA that participate in Medicare and Medicaid are required to work with that OPO in procuring organs for transplant, according to section 1138(a)(1)(C) of the Social Security Act (the Act), and our regulations at § 482.45. Section 1138(a)(1)(A)(iii) of the Act provides that a hospital or CAH must notify the designated OPO (for the DSA in which it is located) of potential organ donors. Under section 1138(a)(1)(C) of the Act, every participating hospital must have an agreement to identify potential donors only with its designated OPO. However, section 1138(a)(2)(A) of the Act provides that a hospital or CAH may obtain from the Secretary a waiver of the above requirements under certain specified conditions. A waiver allows the hospital to have an agreement with an OPO other than the one designated by CMS for the DSA in which the hospital or CAH is located, if the hospital meets certain conditions specified in section 1138(a)(2)(A) of the Act. In addition, the Secretary may review additional criteria described in section 1138(a)(2)(B) of the Act to evaluate the hospital's request for a waiver. Section 1138(a)(2)(A) of the Act states that in granting a waiver, the Secretary must determine that the waiver—(1) is expected to increase organ donations; and
(2)will ensure equitable treatment of patients referred for transplants within the service area served by the designated OPO and within the service area served by the OPO with which the hospital seeks to enter into an agreement under the waiver. In making a waiver determination, section 1138(a)(2)(B) of the Act provides that the Secretary may consider, among other factors:
(1)Cost-effectiveness;
(2)improvements in quality;
(3)whether there has been any change in a hospital's designated OPO due to the changes made in definitions for metropolitan statistical areas; and
(4)the length and continuity of a hospital's relationship with an OPO other than the hospital's designated OPO. Under section 1138(a)(2)(D) of the Act, the Secretary is required to publish a notice of any waiver application received from a hospital within 30 days of receiving the application, and before making a final determination on the waiver applicability offer interested parties an opportunity to comment in writing during the 60-day period beginning on the date the notice is published in the **Federal Register** . The criteria that the Secretary uses to evaluate the waiver in these cases are the same as those described above under sections 1138(a)(2)(A) and
(B)of the Act and have been incorporated into the regulations at § 486.308(e) and (f). II. Waiver Request Procedures In October 1995, we issued a Program Memorandum (Transmittal No. A-95-11) detailing the waiver process and discussing the information that hospitals must provide in requesting a waiver. We indicated that upon receipt of a waiver request, we would publish a **Federal Register** notice to solicit public comments, as required by section 1138(a)(2)(D) of the Act. According to these requirements, we will review the request and comments received. During the review process, we may consult on an as-needed basis with the Public Health Service's Division of Transplantation, the United Network for Organ Sharing, and our regional offices. If necessary, we may request additional clarifying information from the applying hospital or others. We will then make a final determination on the waiver request and notify the hospital and the designated and requested OPOs. III. Hospital Waiver Request As permitted by § 486.308(e), McCullough-Hyde Memorial Hospital of Oxford, Ohio has requested a waiver in order to enter into an agreement with a designated OPO other than the OPO designated for the DSA in which the hospital is located. McCullough-Hyde Memorial Hospital is requesting a waiver to work with: LifeConnection of Ohio, 40 Wyoming Street, Dayton, OH 45409. McCullough-Hyde Memorial Hospital's Designated OPO is: LifeCenter Organ Donor Network, 2925 Vernon Place, Suite 300, Cincinnati, OH 45219. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; Program No. 93.774, Medicare—Supplementary Medical Insurance, and Program No. 93.778, Medical Assistance Program) Dated: June 9, 2008. Kerry Weems, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E8-13821 Filed 6-19-08; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Notice of Public Comment on Tribal Consultation Sessions To Be Held on July 21, July 23, and July 31, 2008 AGENCY: Office of Head Start (OHS), Administration for Children and Families, HHS. ACTION: Notice of Public Comment on Tribal Consultation Sessions to be held on July 21, July 23, and July 31, 2008. SUMMARY: Pursuant to the Improving Head Start for School Readiness Act of 2007, Public Law 110-134, notice is hereby given of three one-day Tribal Consultation Sessions to be held between the Department of Health and Human Services, Administration for Children and Families, Office of Head Start leadership and the leadership of Tribal governments operating Head Start (including Early Head Start) programs. The purpose of these Consultation Sessions is to discuss ways to better meet the needs of Indian, including Alaska Native, children and their families, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations [42.U.S.C. 9835, Section 640(l)(4)]. *Dates & Locations:* July 21, 2008—Kansas City, Missouri. July 23, 2008—Denver, Colorado. July 31, 2008—Seattle, Washington. FOR FURTHER INFORMATION CONTACT: Renée Perthuis, Acting Regional Program Manager, American Indian/Alaska Native Program Branch, Office of Head Start, e-mail *reneeaian@acf.hhs.gov* or
(202)260-1721. Register to attend one of these sessions online at *http://www.hsnrc.org.* SUPPLEMENTARY INFORMATION: The Department of Health and Human Services would like to invite leaders of Tribal governments operating Head Start (including Early Head Start) programs to participate in a formal Consultation Session with OHS leadership. The Consultation Sessions will take place as follows: July 21, 2008—Kansas City, Missouri. July 23, 2008—Denver, Colorado. July 31, 2008—Seattle, Washington. Limited resources (fiscal, staff, and time constraints) preclude holding a Consultation Session in each ACF Region. These three Regions (VII, VIII, and X) have been selected in an attempt to accommodate the majority of Tribes operating Head Start and Early Head Start programs. The purpose of the Consultation Sessions is to solicit input on ways to better meet the needs of Indian, including Alaska Native, children and their families, taking into consideration funding allocations, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations. Specific topics will include policy, research, Head Start/Early Head Start conversion, program quality, and monitoring. Tribal leaders and designated representatives interested in submitting written testimony or topics for the Consultation Session agenda should contact Renée Perthuis at *reneeaian@acf.hhs.gov.* Tribal leaders submitting testimony or topics should provide a brief description of the subject matter along with contact information for the proposed presenter. The Consultation Sessions will be conducted with elected or appointed leaders of Tribal governments and their designated representatives [42.U.S.C. 9835, Section 640(l)(4)(A)]. Representatives from Tribal organizations and Native non-profit organizations are welcome to attend as observers. Those wishing to participate in the discussions must have a copy of a written resolution, voted on and approved by the Tribal government, which authorizes them to serve as a representative of the Tribe. This should be submitted not less than three days in advance of the Consultation Session to Renée Perthuis at 202-260-9336 (fax). A detailed report of each Consultation Session will be prepared and made available within 90 days of each consultation to all Tribal governments receiving funds for Head Start (including Early Head Start) programs. Dated: June 16, 2008. Patricia Brown, Acting Director, Office of Head Start. [FR Doc. E8-14015 Filed 6-19-08; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-1986-F-0277] (formerly Docket No. 1986F-0364) Danisco USA, Inc.; Withdrawal of Food Additive Petition AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing the withdrawal, without prejudice to a future filing, of a food additive petition (FAP 6A3958) proposing that the food additive regulations be amended to provide for the safe use of alitame as a sweetening agent or flavoring in food. FOR FURTHER INFORMATION CONTACT: Blondell Anderson, Center for Food Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 301-436-1304. SUPPLEMENTARY INFORMATION: In a notice published in the **Federal Register** of September 29, 1986 (51 FR 34503), FDA announced that a food additive petition (FAP 6A3958) had been filed by Pfizer Central Research, Pfizer, Inc., 565 Taxter Rd., suite 590, Elmsford, NY 10523. The petition proposed to amend the food additive regulations in part 172 *Food Additives Permitted for Direct Addition to Food for Human Consumption* (21 CFR part 172) to provide for the safe use of alitame (L-α-aspartyl- *N* -2,2,4,4-tetramethyl-3-thietanyl)-D-alaninamide (CAS Reg. No. 80863-62-3) as a sweetening agent or flavoring in food. The rights to the petition currently belong to Danisco USA, Inc., 440 Saw Mill River Rd., Ardsley, NY 10502-2605. Danisco USA, Inc., has now withdrawn the petition without prejudice to a future filing (21 CFR 171.7). Dated: June 12, 2008. Laura M. Tarantino, Director, Office of Food Additive Safety, Center for Food Safety and Applied Nutrition. [FR Doc. E8-13998 Filed 6-19-08; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Service Administration Advisory Committee on Interdisciplinary, Community-Based Linkages; Notice of Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting: *Name:* Advisory Committee on Interdisciplinary, Community-Based Linkages (ACICBL). *Dates and Times:* July 16, 2008, 11 a.m.-4 p.m., EST. July 17, 2008, 11 a.m.-4 p.m., EST. *Place:* (Audio Conference Call). *Status:* The meeting will be open to the public; audio conference access limited only by availability of telephone ports. *Purpose:* The Committee will be focusing on rural issues and how the Title VII Interdisciplinary, Community-Based Training Grant Programs identified under sections 751-756, Part D of the Public Health Service Act can respond to the current rural healthcare workforce needs. The Committee has invited speakers to highlight various topics related to rural healthcare workforce issues including, but not limited to, discipline specific shortages; recruitment and retention; health professions training; faculty development; telemedicine; and other specific rural health care issues. The meeting will afford committee members with the opportunity to identify and discuss the current status of the healthcare workforce in rural America and formulate appropriate recommendations to the Secretary and to the Congress regarding a variety of training strategies to address the health workforce shortage issues. *Agenda:* The ACICBL agenda includes an overview of the Committee's general business activities, presentations by experts on rural healthcare workforce related issues, and discussion sessions specific for the development of recommendations to be addressed in the Eighth Annual ACICBL Report. Agenda items are subject to change as dictated by the priorities of the Committee. *Supplementary Information:* The ACICBL will meet on Wednesday, July 16 and Thursday, July 17, 2008 from 11 a.m. to 4 p.m.
(EST)via audio conference. To participate in this audio conference call, please dial 1-888-697-8510 and provide the following information: *Leader's Name:* Mr. Lou Coccodrilli. *Passcode:* 2214090. *For Further Information Contact:* Anyone requesting information regarding the Committee should contact Louis D. Coccodrilli, Designated Federal Official for the ACICBL, Bureau of Health Professions, Health Resources and Services Administration, Parklawn Building, Rm 9-36, 5600 Fishers Lane, Rockville, Maryland 20857;
(301)443-6950 or *lcoccodrilli@hrsa.gov.* Adriana Guerra, Public Health Fellow, can also be contacted for inquiries at
(301)443-6194 or *aguerra@hrsa.gov* . Dated: June 17, 2008. Alexandra Huttinger, Director, Division of Policy Review and Coordination. [FR Doc. E8-14039 Filed 6-19-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Reimbursement of Travel and Subsistence Expenses Toward Living Organ Donation Eligibility Guidelines AGENCY: Health Resources and Services Administration, HHS. ACTION: Publication of Change to Program Eligibility Guidelines. SUMMARY: This notice finalizes an amendment to the eligibility guidelines proposed on March 5, 2008, in the **Federal Register** (73 FR 11930). The purpose of this notice was to solicit comments on the amendment to the Program Eligibility Guidelines proposed by HRSA concerning the Reimbursement of Travel and Subsistence Expenses Program. FOR FURTHER INFORMATION CONTACT: James F. Burdick, M.D., Director, Division of Transplantation, Healthcare Systems Bureau, Health Resources and Services Administration (HRSA), Parklawn Building, Room 12C-06, 5600 Fishers Lane, Rockville, Maryland 20857; telephone
(301)443-7577; fax
(301)594-6095; or e-mail: *jburdick@hrsa.gov.* SUPPLEMENTARY INFORMATION: In its final program eligibility guidelines, HRSA explained that “[t]he Program will pay for a total of up to five trips; three for the donor and two for accompanying persons. The accompanying persons need not be the same each trip.” HRSA proposes amending this paragraph to read: “[t]he Program will pay for a total of up to five trips; three for the donor and two for accompanying persons. However, in cases in which the transplant center requests the donor to return to the transplant center for additional visits as a result of donor complications or other health related issues, the National Living Donor Assistance Center (NLDAC) may provide reimbursement for the additional visit(s) for the donor and an accompanying person. The accompanying persons need not be the same in each trip.” The purpose of this proposed change is to accommodate individuals who experience donor complications or other health related issues relating to donation. HRSA received one public comment on this request. The respondent endorses HRSA's proposed amendment because “it will accommodate individuals who experience donor complications or other health related issues relating to donation”. HRSA wishes to thank everyone who reviewed this request even if a formal response was not sent to HRSA. HRSA approved the amendment to the Reimbursement of Travel and Subsistence Expenses Program Eligibility Guidelines as published in the **Federal Register** . The amended eligibility criteria are included in this document. The amended eligibility criteria guidelines document is also available at *http://www.livingdonorassistancecenter.gov.* National Living Donor Assistance Center (NLDAC) Program Eligibility Guidelines as Amended Section 3 of the Organ Donation and Recovery Improvement Act (ODRIA), 42 U.S.C. 274f, establishes the authority and legislative parameters to provide reimbursement for travel and subsistence expenses incurred towards living organ donation. HRSA awarded a cooperative agreement to the Regents of the University of Michigan (Michigan), which partnered with the American Society of Transplant Surgeons (ASTS), to establish the National Living Donor Assistance Center (NLDAC) to operate this Program. As provided for in the statutory authorization, this Program is intended to provide reimbursement only in those circumstances when payment cannot reasonably be covered by other sources of reimbursement. The NLDAC, under Federal law, cannot provide reimbursement to any living organ donor for travel and other qualifying expenses if the donor can receive reimbursement for these expenses from any of the following sources:
(1)Any State compensation program, an insurance policy, or any Federal or State health benefits program;
(2)An entity that provides health services on a prepaid basis; or
(3)The recipient of the organ. In response to public solicitation of comments, a threshold of income eligibility for the recipient of the organ is 300 percent of the Department of Health and Human Services
(HHS)Poverty Guidelines in effect at the time of the eligibility determination. The Program assumes that recipients whose income exceeds this level will have the ability to reimburse the living organ donor for the travel and subsistence expenses and any other qualifying expenses that can be authorized by the Secretary of HHS. The Program provides an exception to this rule for financial hardships. A transplant social worker, or appropriate transplant center representative, based on a complete recipient evaluation, can provide an official statement, notwithstanding the recipient's income level, that the recipient of the organ would face significant financial hardship if required to pay for the qualifying living organ donor expenses. A recipient's financial hardship is defined as circumstances in which the recipient's income exceeds 300 percent of the HHS Poverty Guidelines in effect at the time of the eligibility determination, but the individual will have difficulty paying the donor's expenses due to other significant expenses. Whether or not hardship exists in a particular case requires a fact-specific analysis; examples of significant expenses include circumstances such as paying for medical expenses not covered by insurance or providing significant financial support for a family member not living in the household (e.g., elderly parent). Each waiver request shall be made in writing. The NLDAC will review each written financial hardship request and (upon consultation with HRSA in complicated cases) make the determination as to whether reimbursement will be approved based on the merits of the request. All persons who wish to become living organ donors are eligible to receive reimbursement for their travel and qualified expenses if they cannot receive reimbursement from the sources outlined above and if all the requirements outlined in the *Criteria for Donor Reimbursement Section* are satisfied. However, because of the limited funds available, prospective living donors who are most likely not able to cover these expenses will receive priority. The ability to cover these expenses is determined based on an evaluation of
(1)the donor and recipient's income, in relation to the HHS Poverty Guidelines (described in the 2007 HHS Poverty Guidelines table below), and
(2)financial hardship. As a general matter, income refers to the donor or recipient's total household income. A donor may be able to demonstrate financial hardship, even if the donor's income exceeds 300 percent of the HHS Poverty Guidelines, if the donor will have difficulty paying the qualifying expenses due to other significant expenses. Although all requests will be reviewed on a case-by-case basis, examples of significant expenses include circumstances such as providing significant financial support for a family member not living in the household (e.g., elderly parent), loss of income due to donation process. Waiver requests by the transplant center, on behalf of the donor, shall be made in writing and shall clearly describe the circumstances for the waiver request. The NLDAC will review waiver requests and (upon consultation with HRSA in complicated cases) make determinations regarding the approval or disapproval of waivers. Donors will be given preference in the following order of priority: *Preference Category 1:* The donor's income and the recipient's income are each 300 percent or less of HHS Poverty Guidelines in effect at the time of the eligibility determination in their respective States of primary residence. *Preference Category 2:* Although the donor's income exceeds 300 percent of the HHS Poverty Guidelines in effect in the State of primary residence at the time of the eligibility determination, the donor demonstrates financial hardship. The recipient's income is at or below 300 percent of the HHS Poverty Guidelines in effect in the State of primary residence at the time of the eligibility determination. *Preference Category 3:* Any living organ donor, regardless of income or financial hardship, if the recipient's income is at or below 300 percent of the HHS Poverty Guidelines in effect in the recipient's State of primary residence at the time of the eligibility determination. *Preference Category 4:* Any living organ donor, regardless of income or financial hardship, if the recipient (with income above 300 percent of the HHS Poverty Guidelines in effect in the State of primary residence at the time of the eligibility determination) demonstrates financial hardship. The HHS Poverty Guidelines for 2007 ( **Federal Register** , Vol. 72, No. 15, January 24, 2007, pp. 3147-3148) are shown in the table below. 2007 HHS Poverty Guidelines Persons in family or household 48 contiguous states and DC Alaska Hawaii 1 $10,210 $12,770 $11,750 2 13,690 17,120 15,750 3 17,170 21,470 19,750 4 20,650 25,820 23,750 5 24,130 30,170 27,750 6 27,610 34,520 31,750 7 31,090 38,870 35,750 8 34,570 43,220 39,750 For each additional person, add 3,480 4,350 4,000 Source: **Federal Register** , Vol. 72, No. 15, January 24, 2007, pp. 3147-3148. These guidelines are updated periodically. Criteria for Donor Reimbursement 1. Any individual who in good faith incurs travel and other qualifying expenses toward the intended donation of an organ. 2. Donor and recipient of the organ are U.S. citizens or lawfully admitted residents of the U.S. 3. Donor and recipient have primary residences in the U.S. or its territories. 4. Travel is originating from the donor's primary residence. 5. Donor and recipient certify that they understand and are in compliance with Section 301 of NOTA (42 U.S.C. 274e) which states in part “* * * . It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce.” 6. The transplant center where the donation procedure occurs certifies to its status of good standing with the Organ Procurement and Transplantation Network (OPTN). Qualifying Expenses For the purposes of the Reimbursement of Travel and Subsistence Expenses toward Living Organ Donation Program, *qualifying expenses* presently include only travel, lodging, and meals and incidental expenses incurred by the donor and/or his/her accompanying person(s) as part of:
(1)Donor evaluation, clinic visit or hospitalization,
(2)Hospitalization for the living donor surgical procedure, and/or
(3)Medical or surgical follow-up clinic visit or hospitalization within 90 days following the living donation procedure. The Program will pay for a total of up to five trips; three for the donor and two for accompanying persons. However, in cases in which the transplant center requests the donor to return to the transplant center for additional visits as a result of donor complications or other health related issues, NLDAC may provide reimbursement for the additional visit(s) for the donor and an accompanying person. The accompanying persons need not be the same in each trip. The total Federal reimbursement for qualified expenses during the donation process for the donor and accompanying individuals shall not exceed $6,000.00. Reimbursement for qualifying expenses shall be provided at the Federal per-diem rate, except for hotel accommodation, which shall be reimbursed at no more than 150 percent of the Federal per-diem rate. For donor and recipient pairs participating in a paired exchange program, the applicable eligibility criteria for the originally intended recipient shall be considered for the purpose of reimbursement of qualifying donor expenses even though the final recipient of the donated organ may not be the recipient identified in the original donor-recipient pair. Maximum Number of Prospective Donors per Recipient • Kidney: One donor at a time with a maximum of three donors. • Liver: One donor at a time with a maximum of five donors. • Lung: Two donors at a time with a maximum of six donors. Special Provisions Many factors may prevent the intended and willing donor from proceeding with the donation. Circumstances that would prevent the transplant or donation from proceeding include: present health status of the intended donor or recipient, perceived long-term risks to the intended donor, justified circumstances such as acts of God (e.g., major storms or hurricanes), or a circumstance when an intended donor proceeds toward donation in good faith, subject to a case-by-case evaluation by the NLDAC, but then elects not to pursue donation. In such cases, the intended donor and accompanying persons may receive reimbursement for qualified expenses incurred as if the donation had been completed. Under Program policy, a form will be filed with the Internal Revenue Service
(IRS)reporting funds disbursed as income for expenses not incurred. Dated: June 13, 2008. Elizabeth M. Duke, Administrator. [FR Doc. E8-14036 Filed 6-19-08; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Notice of Intent To Prepare an Environmental Impact Statement for the Transport of Laboratory Personnel Exposed to Infectious Agents From Fort Detrick, Frederick, MD to the National Institutes of Health Clinical Center, Bethesda, MD SUMMARY: In accordance with the National Environmental Policy Act, 42 U.S.C. 4321-4347, the NIH is issuing this notice to advise the public that an environmental impact statement will be prepared for the transport of laboratory personnel exposed to infectious agents from Fort Detrick, Frederick, Maryland to the National Institutes of Health Clinical Center, Bethesda, Maryland. FOR FURTHER INFORMATION CONTACT: Valerie Nottingham, Chief, Environmental Quality Branch, Division of Environmental Protection, Office of Research Facilities, NIH, B13/2S11, 9000 Rockville Pike, Bethesda, Maryland 20892, telephone 301-496-7775; fax 301-480-8056; or e-mail *nihnepa@mail.nih.gov.* SUPPLEMENTARY INFORMATION: Fort Detrick is a U.S. Army Medical Command installation located in Frederick, Maryland, USA. Its 1,200 acres support a multi-governmental community that conducts biomedical research and development, medical material management, global medical communications and the study of foreign plant pathogens. It is home to the U.S. Army Medical Research and Materiel Command (USAMRMC), with its U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID), as well as to the National Cancer Institute-Frederick (NCI-Frederick). It is the home of the National Interagency Biodefense Campus. The National Institute of Allergy and Infectious Diseases (NIAID), a component of NIH, will be the occupant of an Integrated Research Facility
(IRF)currently being built at Fort Detrick as part of the National Interagency Biodefense Campus. The IRF will contain bio-safety level -2, -3, and -4 laboratory and animal research facilities for conducting biodefense and emerging infectious disease research. This laboratory will allow NIH to address a critical national shortage in bio-safety level-4 (BSL-4) capability. The Clinical Center at the National Institutes of Health
(NIH)in Bethesda, Maryland, is the nation's largest hospital devoted entirely to clinical research. It is a national resource that makes it possible to rapidly translate scientific observations and laboratory discoveries into new approaches for diagnosing, treating, and preventing disease. Approximately 1,500 studies are in progress at the NIH Clinical Center. Most are Phase I and Phase II clinical trials. More than 350,000 patients, from all 50 states and throughout the world, have participated in clinical research at the Clinical Center since it opened in 1953. The Clinical Center promotes translational research—that is, the transference of scientific laboratory research into applications that benefit patient health and medical care. The “bench-to-bedside” approach adopted in 1953 locates patient care units in close proximity to cutting-edge laboratories doing related research. This facilitates interaction and collaboration among clinicians and researchers. Most important, patients and families in the Clinical Center benefit from the cutting-edge technologies and research and the compassionate care that are the signature of the NIH. The Mark O. Hatfield Clinical Research Center
(CRC)was opened in 2005. The facility houses inpatient units, day hospitals and research labs and connects to the original Warren Grant Magnuson Clinical Center. Together, the Magnuson and Hatfield buildings form the NIH Clinical Center. They serve the dual role of providing humane and healing patient care and the environment clinical researchers need to advance clinical science. The 870,000-square-foot Hatfield building has 242 inpatient beds and 90 day-hospital stations. This arrangement can be easily adapted to allow more inpatient beds and fewer day-hospital stations, or vice versa, because the new facility's design is highly flexible. The facility has unique ventilation systems that are designed to minimize the spread of infectious disease within the facility and includes isolation rooms equipped with special filtering and containment features. The proposed action is to transport laboratory personnel in the event of potential exposure to infectious agents from the Fort Detrick Campus to the NIH Clinical Center for monitoring, evaluation, and if necessary, treatment.The CRC is well-equipped to deal with such scenarios, unlikely as they are. In accordance with 40 CFR 1500-1508 and DHHS environmental procedures, NIH will prepare an Environmental Impact Statement
(EIS)for the proposed transport of laboratory personnel exposed to infectious agents from the Fort Detrick Campus to the NIH Clinical Center for monitoring, evaluation, and if necessary, treatment. Among the items the EIS will examine are the implications of the proposed action on human health, traffic and transportation, and other public services. To ensure that the public is afforded the greatest opportunity to participate in the planning and environmental review process, NIH is inviting oral and written comments on the proposed action and related environmental issues. The NIH will be sponsoring two public Scoping Meetings to provide individuals an opportunity to share their ideas on the proposed action, including recommended alternatives and environmental issues the EIS should consider. The first meeting is planned for 6:30 p.m. on July 8, 2008 at the C. Burr Artz Library, 110 East Patrick Street, Frederick, Maryland 21701. The second meeting is planned for 7 p.m. on July 10, 2008 at the Bethesda-Chevy Chase Service Center, 4805 Edgemoor Lane, Bethesda, Maryland 20814. All interested parties are encouraged to attend. NIH has established a 45-day public comment period for the scoping process. Scoping comments must be postmarked no later than August 8, 2008 to ensure they are considered. All comments and questions on the EIS should be directed to Valerie Nottingham at the address listed above, telephone 301-496-7775; fax 301-480-8056; or e-mail *nihnepa@mail.nih.gov.* Dated: June 13, 2008. Daniel Wheeland, Director, Office of Research Facilities Development and Operations, National Institutes of Health. [FR Doc. E8-14033 Filed 6-19-08; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Biomedical Imaging and Bioengineering; 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 Biomedical Imaging and Bioengineering Special Emphasis Panel; NIH Support for Conferences and Scientific Meetings Special Emphasis Panel. *Date:* July 2, 2008. *Time:* 1 p.m. to 4 p.m. *Agenda:* To review and evaluate grant applications. *Place:* National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call). *Contact Person:* Prabha L. Atreya, PhD, Scientific Review Administrator, Office of Scientific Review, National Institute of Biomedical Imaging and Bioengineering, Bethesda, MD 20892,
(301)496-8633, *atreyapr@mail.nih.gov.* Dated: June 13, 2008. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E8-13905 Filed 6-19-08; 8:45 am] BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1766-DR] Indiana; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and related determinations. EFFECTIVE DATE: June 8, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated June 8, 2008, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Indiana resulting from severe storms and flooding beginning on June 6, 2008, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Indiana. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide assistance for emergency protective measures (Category B), limited to direct Federal assistance, under the Public Assistance program in the designated areas and any other forms of assistance under the Stafford Act that you deem appropriate subject to completion of Preliminary Damage Assessments (PDAs), unless you determine that the incident is of such unusual severity and magnitude that PDAs are not required to determine the need for supplemental Federal assistance pursuant to 44 CFR 206.33(d). Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. If Other Needs Assistance and Hazard Mitigation are later warranted, Federal funding under these programs will also be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency
(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, Department of Homeland Security, under Executive Order 12148, as amended, Michael H. Smith, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the State of Indiana to have been affected adversely by this declared major disaster: Bartholomew, Boone, Brown, Clay, Daviess, Dearborn, Decatur, Franklin, Greene, Henry, Jackson, Jefferson, Jennings, Johnson, Lawrence, Madison, Monroe, Morgan, Ohio, Owen, Randolph, Ripley, Rush, Shelby, Sullivan, Union, Vermillion, Vigo, and Wayne Counties for emergency protective measures (Category B), limited to direct Federal assistance, under the Public Assistance program. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individual and Household Housing; 97.049, Individual and Household Disaster Housing Operations; 97.050, Individual and Household Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13939 Filed 6-19-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1766-DR] Indiana; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and related determinations. EFFECTIVE DATE: June 11, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Indiana is hereby amended to include the Individual Assistance program and the Hazard Mitigation Grant Program for following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 8, 2008. Hancock and Marion Counties for Individual Assistance. All counties in the State of Indiana are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13941 Filed 6-19-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1766-DR] Indiana; Amendment No. 3 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and related determinations. DATES: *Effective Date:* June 11, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Indiana is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of June 8, 2008. Bartholomew, Johnson, Monroe, Morgan, Vermillion, and Vigo Counties for Individual Assistance (already designated for emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13942 Filed 6-19-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1752-DR] Oklahoma; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-1752-DR), dated May 5, 2008, and related determinations. DATES: *Effective Date:* June 12, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of May 5, 2008. LeFlore County for Public Assistance. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidential Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13938 Filed 6-19-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1766-DR] Indiana; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and related determinations. EFFECTIVE DATE: June 11, 2008. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472,
(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this declared disaster is now May 30, 2008, and continuing, and the incident type is now severe storms, flooding, and tornadoes. (The following Catalog of Federal Domestic Assistance Numbers
(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individual and Household Housing; 97.049, Individual and Household Disaster Housing Operations; 97.050, Individual and Household Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E8-13940 Filed 6-19-08; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA-2006-24191; Coast Guard-2006-24196] Transportation Worker Identification Credential (TWIC); Enrollment Dates for the Ports of Pasco, WA; Coram, NY; and Sacramento, CA AGENCY: Transportation Security Administration; United States Coast Guard; DHS. ACTION: Notice. SUMMARY: The Department of Homeland Security
(DHS)through the Transportation Security Administration
(TSA)issues this notice of the dates for the beginning of the initial enrollment for the Transportation Worker Identification Credential
(TWIC)for the Ports of Pasco, WA; Coram, NY; and Sacramento, CA. DATES: TWIC enrollment begins in Pasco, Coram, and Sacramento on June 19, 2008. ADDRESSES: You may view published documents and comments concerning the TWIC Final Rule, identified by the docket numbers of this notice, using any one of the following methods.
(1)Searching the Federal Docket Management System
(FDMS)Web page at www.regulations.gov;
(2)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html;* or
(3)Visiting TSA's Security Regulations Web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. FOR FURTHER INFORMATION CONTACT: James Orgill, TSA-19, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220. Transportation Threat Assessment and Credentialing (TTAC), TWIC Program,
(571)227-4545; e-mail: *credentialing@dhs.gov.* Background The Department of Homeland Security (DHS), through the United States Coast Guard and the Transportation Security Administration (TSA), issued a joint final rule (72 FR 3492; January 25, 2007) pursuant to the Maritime Transportation Security Act (MTSA), Pub. L. 107-295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-347 (October 13, 2006). This rule requires all credentialed merchant mariners and individuals with unescorted access to secure areas of a regulated facility or vessel to obtain a TWIC. In this final rule, on page 3510, TSA and Coast Guard stated that a phased enrollment approach based upon risk assessment and cost/benefit would be used to implement the program nationwide, and that TSA would publish a notice in the **Federal Register** indicating when enrollment at a specific location will begin and when it is expected to terminate. This notice provides the start date for TWIC initial enrollment at the Ports of Pasco, WA, Coram, NY, and Sacramento, CA on June 19, 2008. The Coast Guard will publish a separate notice in the **Federal Register** indicating when facilities within the Captain of the Port Zone Portland, including those in the Port of Pasco; Captain of the Port Zone Long Island Sound, including those in the Port of Coram; and Captain of the Port Zone San Francisco Bay, including those in the Port of Sacramento must comply with the portions of the final rule requiring TWIC to be used as an access control measure. That notice will be published at least 90 days before compliance is required. To obtain information on the pre-enrollment and enrollment process, and enrollment locations, visit TSA's TWIC Web site at *http://www.tsa.gov/twic.* Issued in Arlington, Virginia, on June 16, 2008. Rex Lovelady, Program Manager, TWIC, Office of Transportation Threat Assessment and Credentialing, Transportation Security Administration. [FR Doc. E8-13934 Filed 6-19-08; 8:45 am] BILLING CODE 9110-05-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5186-N-25] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. EFFECTIVE DATE: June 20, 2008. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, 451 Seventh Street, SW, Room 7262, Washington, DC 20410; telephone
(202)708-1234; TTY number for the hearing- and speech-impaired
(202)708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in *National Coalition for the Homeless* v. *Veterans Administration* , No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. Dated: June 12, 2008. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. E8-13697 Filed 6-19-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-R-2008-N0103; 40136-1265-0000-S3] Lake Wales Ridge National Wildlife Refuge, Polk and Highlands Counties, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to prepare a comprehensive conservation plan
(CCP)and associated National Environmental Policy Act
(NEPA)documents for Lake Wales Ridge National Wildlife Refuge. We provide this notice in compliance with our CCP policy to advise other agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. DATES: To ensure consideration, we must receive your written comments by July 21, 2008. Special mailings, newspaper articles, and other media announcements will be used to inform the public and State and local government agencies of the opportunities for input throughout the planning process. A public scoping meeting will be held early in the CCP development process. The date, time, and place for the meeting will be announced in the local media. ADDRESSES: Comments, questions, and requests for information should be sent to: Bill Miller, Merritt Island National Wildlife Refuge, P.O. Box 6504, Titusville, FL 32782-6504; Fax: 321/861-1276; Electronic mail: *LakeWalesRidgeCCP@fws.gov.* FOR FURTHER INFORMATION CONTACT: Bill Miller; Telephone: 561/715-0023. SUPPLEMENTARY INFORMATION: Introduction With this notice, we initiate our process for developing a CCP for Lake Wales Ridge National Wildlife Refuge in Highlands and Polk Counties, Florida. This notice complies with our CCP policy to
(1)advise other Federal and State agencies, Tribes, and the public of our intention to conduct detailed planning on this refuge; and
(2)obtain suggestions and information on the scope of issues to consider in the environmental document and during development of the CCP. Background The CCP Process The National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee) (Improvement Act), which amended the National Wildlife Refuge System Administration Act of 1966, requires us to develop a CCP for each national wildlife refuge. The purpose in developing a CCP is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing to the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years in accordance with the Improvement Act. Each unit of the National Wildlife Refuge System is established for specific purposes. We use these purposes as the foundation for developing and prioritizing the management goals and objectives for each refuge within the National Wildlife Refuge System mission, and to determine how the public can use each refuge. The planning process is a way for us and the public to evaluate management goals and objectives for the best possible conservation approach to this important wildlife habitat, while providing for wildlife-dependent recreation opportunities that are compatible with the refuge's establishing purposes and the mission of the National Wildlife Refuge System. Our CCP process provides participation opportunities for Tribal, State, and local governments; agencies; organizations; and the public. At this time we encourage input in the form of issues, concerns, ideas, and suggestions for the future management of Lake Wales Ridge National Wildlife Refuge. Special mailings, newspaper articles, and other media outlets will be used to announce opportunities for input throughout the planning process. We will conduct the environmental assessment in accordance with the requirements of the National Environmental Policy Act of 1969, as amended
(NEPA)(42 U.S.C. 4321 et seq.); NEPA regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; and our policies and procedures for compliance with those laws and regulations. Lake Wales Ridge National Wildlife Refuge is managed as a unit of the Merritt Island National Wildlife Refuge Complex in Titusville, FL, which is about 100 miles away. Other refuges in the Complex include St. Johns, Pelican Island, Archie Carr, and Lake Woodruff. The refuge was established in 1993 for the protection of threatened and endangered plants and animals: “ * * * to conserve
(A)fish or wildlife which are listed as endangered species * * * or
(B)plants * * * ” (16 U.S.C. 1534, Endangered Species Act). The refuge is composed of four tracts totaling ±1,857 acres in Polk and Highlands Counties along the south central Florida ridge. In Florida geologic terms, the ridge is an ancient beach and sand dune system formed about 2.5 million years ago. Due to its age and historic geological isolation, many of the plants that inhabit ridge ecosystems are unique and found nowhere else in the world. The refuge contains prime examples of several highly imperiled ecosystems, including Florida scrub and sandhill, as well as over half of the federally listed plant species endemic to the Lake Wales Ridge. The refuge protects 22 federally listed plants, 40 endemic plants, at least 4 listed animals, and more than 40 endemic invertebrates. Because of the potential for impacts to these plants and animals, the refuge has not been opened to the public. Each of the four tracts comprising the refuge has its own particular merits and value, as listed. The Carter Creek unit is an excellent example of endemic-rich Lake Wales Ridge sandhill, with nine listed plants; it contains one of only a dozen populations of Florida ziziphus, one of the rarest and most endangered plants in the State. The tracts making up the Flamingo Villas unit have 10 listed species and the only protected populations of Garrett's scrub balm, a woody mint known only from Highlands County. The Lake McLeod unit has 11 listed plants and is the only protected site for scrub lupine, another extremely rare plant. The Snell Creek site contains one of the last remaining tracts of undisturbed sandhill in northern Polk County. Ridge ecosystems have been reduced by 85 percent from the originally estimated 80,000-acre extent due to development and land use changes. The refuge exists as part of a network of scrub preserves, owned by the State of Florida, The Nature Conservancy, Archbold Biological Station, and Polk and Highland Counties, with similar purposes to protect and manage what remains of this unique ridge ecosystem. Public Availability and Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: May 19, 2008. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E8-13927 Filed 6-19-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Final Environmental Impact Statement for the Proposed Integrated Resource Management Plan for the Spokane Indian Reservation, Stevens County, WA AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA), in cooperation with the Spokane Tribe of Indians (Tribe), intends to file a Final Environmental Impact Statement
(FEIS)for the proposed Integrated Resource Management Plan
(IRMP)for the Spokane Indian Reservation, Washington, with the U.S. Environmental Protection Agency, and that the FEIS is now available to the public. The proposed action would update the Tribe's existing IRMP, in order to continue long term resource management. DATES: The Record of Decision on the proposed action will be issued on or after July 22, 2008. Any comments on the FEIS must arrive by July 21, 2008. ADDRESSES: You may mail or hand carry written comments to Donna R. Smith, Geologist, Bureau of Indian Affairs, Spokane Agency, Agency Square, Building 201, P.O. Box 389, Wellpinit, Washington 99040. Please include your name and mailing address with your comments. Persons wishing copies of this FEIS may contact Donna R. Smith at the above address, by telephone at
(509)258-4561, or by fax at
(509)258-7542. The FEIS is also available on line at *http://www.spokanetribe.com.* FOR FURTHER INFORMATION CONTACT: Donna Smith,
(509)258-4561. SUPPLEMENTARY INFORMATION: The proposed BIA action is approval of the Tribe's updating and implementation of an IRMP. The proposed IRMP covers a period of 10 years and addresses resources of value on all of the approximately 157,000 acres within the boundaries of the Spokane Indian Reservation and/or under the jurisdiction of the Tribe, including, but not limited to, air quality, cultural resources, fisheries, wildlife, timber, surface and ground water resources, range, agriculture, recreation, mining, residential development, economic development land uses, and infrastructure. The updated IRMP would be implemented in fiscal year 2008 by both the BIA and Spokane Tribe The FEIS analyzes a range of feasible alternatives to address both current and projected needs over the next 10 years. These alternatives are as follows: (#1) No Action, which would continue the existing IRMP with no change in management style; (#2) Preservation and Cultural Emphasis, which would provide the greatest level of environmental and cultural protection; (#3) Preservation of All Future Uses (preferred alternative), with outcome based performance which would balance ecological and cultural values with the need for income; (#4) Growth and Economic Emphasis, which would allow decisions to be driven by economics; and (#5) Individual Freedom Emphasis, which would allow individuals maximum freedom to develop land within the current regulatory framework. The BIA has afforded other government agencies and the public ample opportunity to participate in the preparation of this Environmental Impact Statement (EIS). The BIA published a notice of intent to prepare an EIS for the proposed action in the **Federal Register** on January 9, 2003 (68 FR 1190). The BIA held a public scoping meeting on January 23, 2003, in Wellpinit, Washington. A Notice of Availability for the Draft EIS was published in the **Federal Register** on September 6, 2006 (71 FR 52568). The document was available for public comment from September 6 to November 6, 2006, and a public hearing was held on September 27, 2006, in Wellpinit, Washington. Public Comment Availability Comments, including names and addresses of respondents, will be available for public review at the mailing address shown in the ADDRESSES section, during regular business hours, 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before including your address, phone number, e-mail address or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority This notice is published in accordance with section 1503.1 of the Council on Environmental Quality Regulations (40 CFR Parts 1500 through 1508) implementing the procedural requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4371 *et seq.* ), and the Department of the Interior Manual (516 DM 1-6), and is in the exercise of authority delegated to the Assistant Secretary—Indian Affairs by 209 DM 8. Dated: May 20, 2008. Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E8-13999 Filed 6-19-08; 8:45 am] BILLING CODE 4310-W7-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Meeting of the California Desert Advisory Council AGENCY: Bureau of Land Management, Interior. ACTION: Notice of public meeting. SUMMARY: Notice is hereby given, in accordance with Public Laws 92-463 and 94-579, that the California Desert District Advisory Council to the Bureau of Land Management, U.S. Department of the Interior, will meet in formal session on Friday, July 25 from 10 a.m. to 3 p.m. and Saturday, July 26 from 8 a.m. to 3 p.m. at the Riverside Marriot, 3400 Market St., Riverside, CA 92501. Agenda topics for the two sessions will include updates by Council members and reports from the BLM District Manager and five field office managers. Additional agenda topics are being developed. Once finalized, the meeting agenda will be published in a news release prior to the meeting and posted on the BLM California state Web site at *http://www.blm.gov/ca/news/rac.html.* SUPPLEMENTARY INFORMATION: All Desert District Advisory Council meetings are open to the public. Public comment for items not on the agenda will be scheduled at the beginning of the meeting Saturday morning. Time for public comment may be made available by the Council Chairman during the presentation of various agenda items, and is scheduled at the end of the meeting for topics not on the agenda. While the Saturday meeting is tentatively scheduled from 8 a.m. to 3 p.m., the meeting could conclude prior to 3 p.m. should the Council conclude its presentations and discussions. Therefore, members of the public interested in a particular agenda item or discussion should schedule their arrival accordingly. Written comments may be filed in advance of the meeting for the California Desert District Advisory Council, c/o Bureau of Land Management, External Affairs, 22835 Calle San Juan de Los Lagos, Moreno Valley, California 92553. Written comments also are accepted at the time of the meeting and, if copies are provided to the recorder, will be incorporated into the minutes. FOR FURTHER INFORMATION CONTACT: Stephen Razo, BLM California Desert District, External Affairs,
(951)697-5217. Dated: June 16, 2008. Steven J. Borchard, District Manager. [FR Doc. E8-13989 Filed 6-19-08; 8:45 am] BILLING CODE 4310-40-P DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Under the Clean Water Act Notice is hereby given that, for a period of 30 days, the United States will receive public comments on a proposed Consent Decree in *United States* v. *Magellan Pipeline Company L.P.* (Civil Action No. 08-CV2272 JAR/DJW), which was lodged with the United States District Court for the District of Kansas on June 16, 2008. This proposed Consent Decree was lodged simultaneously with the Complaint in this Clean Water Act case against Magellan Pipeline Company, L.P. The Complaint alleges that Magellan is civilly liable for violation of the Clean Water Act (“CWA”), 33 U.S.C. 1251 *et seq.* , as amended by the Oil Pollution Act of 1990 (“OPA”), 33 U.S.C. 2701 *et seq.* The Complaint seeks civil penalties and injunctive relief for eleven discharges of gasoline, diesel fuel and other petroleum products into navigable waters of the United States or adjoining shorelines from the Pipeline in the states of Kansas, Iowa, Minnesota, Illinois and Arkansas. The Complaint also alleges that Defendant violated EPA's Spill Prevention, Containment and Countermeasure regulations issued pursuant to section 311(j) of the CWA, 33 U.S.C. 1321(j), at two terminal facilities located in Roca, Nebraska and Coralville, Iowa. Under the settlement, Magellan will pay a civil penalty of $5.3 million. In addition, the settlement requires Magellan to undertake various measures aimed to prevent and expedite detection of pipeline leaks and ruptures. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and may be submitted to: P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, or via e-mail to *pubcomment-ees.enrd@usdoj.gov* , and should refer to *United States* v. *Magellan Pipeline Company* , L.P., D.J. Ref. 90-5-1-1-06074/3. The Consent Decree may be examined at the Office of the United States Attorney, District of Kansas, 1200 Epic Center, 301 N. Main, Wichita, KS 67202. During the public comment period the Magellan Consent Decree may also be examined on the following Department of Justice Web site: * http:// www.usdoj.gov/enrd/Consent_Decrees.html * . A copy of the Magellan Consent Decree also may be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.
(202)514-0097, phone confirmation number
(202)514-1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $49.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Maureen M. Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8-13935 Filed 6-19-08; 8:45 am] BILLING CODE 4410-15-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Registration By Notice dated April 17, 2006 and published in the **Federal Register** on April 21, 2006, (71 FR 20729), and as corrected by Notice dated May 15, 2006, and published in the **Federal Register** on May 22, 2006, (71 FR 29354), Rhodes Technologies, 498 Washington Street, Coventry, Rhode Island 02816, made application to the Drug Enforcement Administration
(DEA)to be registered as an importer of the basic classes of controlled substances in schedule II: Drug Schedule Raw Opium
(9600)II Concentrate of Poppy Straw
(9670)II The company plans to import the basic classes of controlled substances to manufacture bulk active pharmaceutical ingredients. The company is registered with DEA as a manufacturer of several controlled substances that are manufactured from raw opium and concentrate of poppy straw. Comments, objections, and requests for a hearing were received. However, after a thorough review of this matter DEA has concluded that, per 21 CFR 1301.34(a), the objectors are not entitled to a hearing. As explained in the Correction to Notice of Application dated January 18, 2007, pertaining to Rhodes Technologies *et al.* , (72 FR 3417, January 25, 2007), comments and requests for hearings on applications to import narcotic raw material are not appropriate. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Rhodes Technologies to import the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. DEA investigated Rhodes Technologies to ensure that the company's registration would be consistent with the public interest. The investigation included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. After investigating these and other matters, I have concluded that registering Rhodes Technologies to import raw opium and concentrate of poppy straw is consistent with the factors set forth in 21 U.S.C. 823(a)(2)-(6), as incorporated in 21 U.S.C. 958(a). The DEA also considered whether the registration of Rhodes Technologies would be consistent with 21 U.S.C. 823(a)(1) that requires the DEA to limit the importation of certain controlled substances (including raw opium and concentrate of poppy straw) “to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions * * *.” I find that the establishments currently registered with DEA to import raw opium and concentrate of poppy straw provide an adequate and uninterrupted supply of those substances. The DEA found no evidence that the supply of such substances was inadequate or interrupted in supplying the needs of the United States for legitimate medical, scientific, research, and industrial purposes. However, I find that the adequate and uninterrupted supply of these substances did not occur under adequately competitive conditions. Specifically, I find that Rhodes Technologies has demonstrated that the current importers of raw opium and concentrate of poppy straw have, in some cases, refused to sell these substances to Rhodes Technologies. Some of the current importers also use their position to demand restrictive contractual terms when selling narcotic raw material to Rhodes Technologies. Many of the current importers also manufacture active pharmaceutical ingredients or have corporate ties to firms that manufacture active pharmaceutical ingredients from raw opium and concentrate of poppy straw. These importers have a direct financial interest in refusing to sell narcotic raw material to Rhodes Technologies or in demanding significant contractual restrictions when selling narcotic raw material to Rhodes Technologies. Based on the information in the investigative file that is summarized herein, I find that the current importation of raw opium and concentrate of poppy straw is not being conducted under adequately competitive conditions. Therefore, under 21 U.S.C. 823(a)(1), DEA may grant the application of Rhodes Technologies to import raw opium and concentrate of poppy straw. Having already found that registering Rhodes Technologies to import raw opium and concentrate of poppy straw is consistent with the factors set forth in 21 U.S.C. 823(a)(2)-(6), I find that the statutory factor set forth in 21 U.S.C. 823(a)(1) also weighs in favor of granting the application. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed. Dated: June 16, 2008. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E8-13912 Filed 6-19-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated February 20, 2008 and published in the **Federal Register** on February 29, 2008, (73 FR 11149), Stepan Company, Natural Products Dept., 100 W. Hunter Avenue, Maywood, New Jersey 07607, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule II: Drug Schedule Cocaine
(9041)II Benzoylecgonine
(9180)II The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. Coca Leaves
(9040)has been removed as a bulk manufacturing drug code for the company. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Stepan Company to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Stepan Company to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: June 13, 2008. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E8-13911 Filed 6-19-08; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request June 16, 2008. The Department of Labor
(DOL)hereby announces the submission of the following public information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation; including among other things a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov.* Interested parties are encouraged to send comments to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Veterans' Employment and Training Service (VETS), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316 / Fax: 202-395-6974 (these are not toll-free numbers), e-mail: *OIRA_submission@omb.eop.gov* within 30 days from the date of this publication in the **Federal Register** . In order to ensure the appropriate consideration, comments should reference the OMB Control Number (see below). The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Veterans' Employment and Training Service. *Type of Review:* New Collection (Request for a new OMB Control Number). *Title of Collection:* Veteran Employment Outcomes Study. *OMB Control Number:* 1293-0NEW. *Affected Public:* Individuals or Households. *Estimated Number of Respondents:* 1,068. *Estimated Total Annual Burden Hours:* 267. *Estimated Total Annual Costs Burden:* $0. *Description:* The purpose of this study is to learn more about veteran users of One-Stop Career Centers who do not appear to have had successful employment outcomes. The survey data collected will help determine to what extent the apparent lack of successful outcomes for veteran job seekers, as measured by the participating states. Further, this collection will allow DOL to learn key characteristics and reasons why some veterans have difficulty or fail to find jobs, learn what services were received and what veterans thought of them, and learn what services were not received and whether they were needed. For additional information, see related notice published at 73 FR 11956 on March 5, 2008. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E8-13981 Filed 6-19-08; 8:45 am] BILLING CODE 4510-79-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,698; TA-W-61,698B] Dan River, Inc., 1325 Avenue of the Americas, New York, New York; Including Employees in Support of Dan River, Inc., 1325 Avenue of the Americas, New York, New York Operating at Various Locations in the State of New Jersey; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on July 13, 2007, applicable to workers of Dan River, Inc., 1325 Avenue of The Americas, New York, New York. The notice was published in the **Federal Register** on June 3, 2008 (73 FR 31716). The certification was amended on May 27, 2008 to include an employee of the subject firm operating out of Randolph, New Jersey. The notice was published in the **Federal Register** on June 3, 2008 (73 FR 31713). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. New information shows that worker separations have occurred involving employees in support of and under the control of the New York, New York facility of Dan River, Inc., 1325 Avenue of The Americas, New York, New York operating out of various locations in the state of New Jersey. Based on these findings, the Department is amending this certification to include employee in support of 1325 Avenue of The Americas, New York, New York facility operating out of various locations in state of New Jersey. The intent of the Department's certification is to include all workers of Dan River, Inc., 1325 Avenue of The Americas, New York, New York who were adversely affected by a shift in production to Mexico. The amended notice applicable to TA-W-61,698 is hereby issued as follows: All workers of Dan River, Inc., 1325 Avenue of The Americas, New York, New York (TA-W-61,698), including employees in support of Dan River, Inc., 1325 Avenue of The Americas, New York, New York, operating at various locations in the state of New Jersey (TA-W-61,698B), who became totally or partially separated from employment on or after November 6, 2006, through July 13, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 11th day of June 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13975 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,067] Heatcraft Refrigeration, a Subsidiary of Lennox International, Including On-Site Leased Workers From Spherion and Trillium Staffing, Danville, IL; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 17, 2008, applicable to workers of Heatcraft Refrigeration, a subsidiary of Lennox International, including on-site leased workers from Spherion, Danville, Illinois. The notice was published in the **Federal Register** on May 2, 2008 (73 FR 24318). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of commercial refrigeration and HVAC equipment. New information shows that leased workers from Trillium Staffing were employed on-site at the Danville, Illinois location of Heatcraft Refrigeration, a subsidiary of Lennox International. The Department has determined that these workers were sufficiently under the control of the subject firm. Based on these findings, the Department is amending this certification to include leased workers from Trillium Staffing working on-site at the Danville, Illinois location of the subject firm. The intent of the Department's certification is to include all workers employed at Heatcraft Refrigeration, a subsidiary of Lennox International who were adversely affected by a shift in production of commercial refrigeration and HVAC equipment to Mexico. The amended notice applicable to TA-W-63,067 is hereby issued as follows: All workers of Heatcraft Refrigeration, a subsidiary of Lennox International, including on-site leased workers from Spherion and Trillium Staffing, Danville, Illinois, who became totally or partially separated from employment on or after March 25, 2007, through April 17, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC this 9th day of June 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13976 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,301] Quebecor World Northeast Graphics, Inc., Including On-Site Leased Workers From Ahead Human Resources and Sun Chemical Company, North Haven, CT; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on May 16, 2008, applicable to workers of Quebecor World Northeast Graphics, Inc., including on-site temporary workers from Ahead Human Resources, North Haven, Connecticut. The notice was published in the **Federal Register** on May 29, 2008 (73 FR 30977). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of general commercial printed products. New information shows that worker separations have occurred involving employees of Sun Chemical Company employed on-site at the North Haven, Connecticut location of Quebecor World Northeast Graphics, Inc. The Sun Chemical workers produced the ink used in the production of general commercial printed products at the North Haven, Connecticut location of the subject firm, and are sufficiently under the control of the subject firm to be considered leased workers. Based on these findings, the Department is amending this certification to include all workers of Sun Chemical working on-site at the North Haven, Connecticut location of the subject firm. The intent of the Department's certification is to include all workers employed at Quebecor World Northeast Graphics, Inc., North Haven, Connecticut who were adversely affected by a shift in production of general commercial printed products to Canada. The amended notice applicable to TA-W-63,301 is hereby issued as follows: All workers of Quebecor World Northeast Graphics, Inc., including on-site leased workers from Ahead Human Resources and Sun Chemical, North Haven, Connecticut, who became totally or partially separated from employment on or after May 2, 2007, through May 16, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 11th day of June 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13978 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,265] O'Bryan Brothers, Inc., Including On-Site Leased Workers of Grapevine Staffing LLC, Leon, IA; Amended Notice of Revised Determination on Reconsideration In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Notice of Revised Determination on Reconsideration on May 16, 2007. The notice was published in the **Federal Register** on May 24, 2007 (72 FR 29183). At the request of the State agency, the Department reviewed the Notice of Revised Determination on Reconsideration for workers of the subject firm. The workers performed sewing functions and the production of marker patterns. New information shows that leased workers of Grapevine Staffing LLC were employed on-site at the Leon, Iowa location of O'Bryan Brothers, Inc. The Department has determined that these workers were sufficiently under the control of O'Bryan Brothers, Inc. to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Grapevine Staffing LLC working on-site at the Leon, Iowa location of the subject firm. The intent of the Department's certification is to include all workers employed at O'Bryan Brothers, Inc., Leon, Iowa who were adversely impacted by shifting sewing functions and the production of marker patterns to Mexico. The amended notice applicable to TA-W-61,265 is hereby issued as follows: All workers of O'Bryan Brothers, Inc., including on-site leased workers of Grapevine Staffing LLC, Leon, Iowa, who became totally or partially separated from employment on or after April 6, 2006, through May 16, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC this 13th day of June 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13974 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Availability of Funds and Solicitation for Grant Applications
(SGA)Under the Employment and Training Administration's
(ETA)Technology-Based Learning
(TBL)Initiative *Announcement Type:* New, Notice of Solicitation for Grant Applications. *Funding Opportunity Number:* SGA/DFA PY-08-04. Catalog of Federal Assistance Number: 17.269. *Key Dates:* The closing date for receipt of applications under this announcement is August 19, 2008. Applications must be received at the address below no later than 5 p.m. (Eastern Time). Application and submission information is explained in detail in Part V of this SGA. A Webinar for prospective applicants will be held for this grant competition on July 29, 2008, 2 p.m. EDT. Access information for the Webinar will be posted on the U.S. Department of Labor's (DOL), Employment and Training Administration
(ETA)Web site at: *http://www.workforce3one.org.* SUMMARY: ETA announces the availability of approximately $10 million in grant funds under the TBL Initiative to be awarded through a competitive process. The purpose of the Initiative is to expand access to training resulting in an increased number of workers trained, particularly in high-growth, high-demand occupations, and to meet the needs of industry for skilled employees. This SGA is designed to expand the vital role of TBL in helping workers quickly acquire the training and skills they need to be successful in today's global economy, and thereby increase the nation's economic competitiveness and growth. Desired outcomes include an increased amount of workforce training available online and/or enhanced with TBL, and an increased number of people trained in high-growth jobs through the use of TBL methods. Funds will be awarded to public, private for-profit, and private non-profit organizations, including educational institutions and registered apprenticeship sponsors. Partnership with the publicly-funded workforce investment system is required. 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 details how grantees will be selected. ADDRESSES: Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: Mamie Williams, Reference SGA/DFA PY 08-04, 200 Constitution Avenue, NW., Room N-4716, Washington, DC 20210. Facsimile applications will not be accepted. Information about applying online can be found in Part V.C. of this document. Applicants are advised that mail delivery in the Washington, DC area may be delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. SUPPLEMENTARY INFORMATION: This solicitation consists of nine parts: Part I provides background information on TBL. Part II describes award information. Part III describes eligibility information. Part IV describes the application and submission process. Part V describes the applications review process. Part VI contains award administration information. Part VII contains DOL agency contact information. Part VIII lists additional resources of interest to applicants. Part I. Background Information 1. TBL in the Innovation Economy The world is now witnessing one of the greatest technological transformations in history. Evolutions in technology and information have ushered in the globalization of the economic marketplace. This globalization is marked by tremendous advances in communications, travel, and free trade—allowing individuals unprecedented access to commerce from almost anywhere in the world. At the same time, American businesses now must compete in this global marketplace. Global competition is typically seen as a national challenge. In reality, competition lies within regions where companies, workers, researchers, entrepreneurs and governments come together to create a competitive advantage in the global marketplace. That advantage stems from the ability to transform new ideas and new knowledge into advanced, high quality products or services—in other words, to innovate. Areas that are successful in creating a competitive advantage demonstrate the ability to organize “innovation assets”—people, institutions, capital and infrastructure—to generate growth and prosperity in the region's economy. These regions are successful because they have connected key elements such as workforce skills and lifelong learning strategies; investments and entrepreneurial strategies; and regional infrastructure and economic development strategies. TBL could strengthen the innovation assets of individuals by increasing their workforce skills and supporting lifelong learning. TBL, also commonly known as e-learning, constitutes learning via electronic technology, including the Internet, intranet sites, satellite broadcasts, audio and video conferencing, Internet bulletin boards, chat rooms, Web casts, simulations, gaming, podcasting, and a variety of mobile options. TBL is an umbrella term, which also encompasses related terms, such as distance learning, on-line learning, Web-based learning (learning that occurs via the Internet), CDs and DVDs, and computer-based learning (learning through the use of dedicated personal computers). TBL can be synchronous (learning occurs when instructors and learners meet at a specific time in a physical or virtual classroom), or it can be asynchronous (learning does not occur at a pre-specified time and may be self-paced). Blended learning combines aspects of synchronous and asynchronous, as well as virtual and face-to-face instruction. TBL approaches and methods have expanded in recent years due to the proliferation of computer connectivity and high speed Internet access. Some States and local areas have embraced this transformative learning model which can be inexpensive and conveniently mobile, and have incorporated it into their training delivery options. ETA launched the TBL Initiative within the workforce investment system in 2006 to encourage a national strategy for advancing the use of technology for training. The initiative seeks to increase the number of people trained in high growth jobs through the broadening of opportunities for skill and competency development through the use of TBL methods. Through the TBL Initiative and other investments, ETA has supported the use of TBL in demonstrations aimed to use technology to increase access to lifelong learning. The promise of these TBL demonstrations has prompted ETA to move to systematically support the use of TBL nationwide. This SGA seeks to support models of TBL to stimulate new and innovative uses of technology for training the workforce in the skills demanded by their regional economies and high-growth/high-demand industries and occupations. 2. Critical Elements of TBL Grants It is ETA's expectation that these TBL grants will contain at least the following critical elements:
(A)A focus on expanding training opportunities to develop demand-driven skills and competencies using TBL that are sustainable and scalable;
(B)strategic partnerships with recognized or emerging high-growth/high-demand industries, educational and training institutions, and the public workforce investment system;
(C)robust provisions for user support in the TBL proposal framework for all potential clients including underserved populations, and all levels of computer and Internet technical proficiency; and
(D)training leading to an industry or occupationally recognized credential, certificate, or qualification in a high-growth/high-demand field. A. Expanding Training Opportunities Using TBL TBL presents solutions to several challenges in expanding access to post-secondary and lifelong learning because of its inherent ability to overcome traditional obstacles to learning that include the distance from one's home or office to the training or educational facility, the variable nature of the time commitment required of users, the pace of learning offered, and the accessibility to specific resources that otherwise are not locally available. The spread and proliferation of technology and TBL methods presents a wide universe of options available to address training and employment needs, including new and innovative uses of technology to enhance existing training programs. For example, overcoming time barriers for TBL users could entail training that is available on-demand on a flexible or entirely user-driven schedule. Bridging the distance from training providers to users could entail the delivery of content over the Internet, by converting current training courses to an online and/or TBL enhanced platform, by satellite connections, phone lines, computer-based programs, television and radio frequencies, among other methods. The TBL grant awards are intended in part to identify promising approaches that can be scalable for wider deployment after the grant period. Successful demonstration programs are often rolled out on a regional or national basis, and proposals should outline how their program could be implemented on a wider scale should they be successful in meeting their goals. This requires grantees to keep careful records of program implementation, best practices, data collection, and to coordinate with evaluation efforts as appropriate. B. Demand-Driven Strategic Partnerships Successful development and application of TBL programs in a regional economy requires the collaboration of high-growth/high-demand industries and/or businesses, education and training providers, and the workforce investment system. These strategic partnerships should engage each partner in its area of strength. For example, industry representatives and employers can define workforce challenges facing the industry and identify the competencies and skills required for the industry's workforce. Education and training providers can assist in developing competency models and curricula and train new and incumbent workers. The workforce investment system can compile and analyze local labor market information, access human capital (e.g. youth, unemployed, underemployed, and dislocated workers), provide funding to support training for qualified individuals, and connect trained workers to good jobs. Applicants must demonstrate the existence of a partnership that includes at least one entity from each of three categories:
(1)The publicly funded workforce investment system, which may include State and local Workforce Investment Boards, State Workforce Agencies, and One-Stop Career Centers and their partners;
(2)the education and training community, which includes community and technical colleges, four-year colleges and universities, and other training entities; and
(3)representatives from industry in high-growth/high-demand fields. These partnerships should exist within an economic region that may or may not fall within typical State, county, local workforce investment area, or municipal boundaries. Applications should detail the region in which the project will operate. In addition, grantees will be required to match 20 percent of the grant award with monetary or in-kind resources. The Workforce Investment Act of 1998 (Pub. L. 105-220) as amended
(WIA)emphasizes a workforce system driven by the needs of local employers. Educational institutions, Workforce Investment Boards, and One-Stop Career Centers play a vital role in this effort by understanding the workforce needs of these industries and providing training and other services to address those needs. Successful applications will outline in detail the skills and competencies demanded by employers, provide compelling evidence of their claims, and show the impact the project will have in the target industry and/or region. C. Program Design, User Support, Outcomes TBL approaches are frequently used to serve those individuals who are perceived to be proficient in computers and technology, such as younger workers or skilled professionals. However, projects such as the New Jersey Online Learning Demonstration, which enabled low income women to access online learning, have shown that TBL can benefit a much wider population, and can improve and expand access to learning for individuals frequently left behind by technology initiatives. TBL grant projects should ensure that the targeted participants, those who need additional education and training, are able to access TBL opportunities. Grant applications that reach populations typically not served by technology initiatives are encouraged. ETA encourages applicants who are targeting disconnected populations to partner with networks of faith- and community-based organizations. Faith- and community-based organizations have valuable expertise in successful strategies for working with disconnected populations and can provide outreach and wrap around support services as needed. For applicants choosing to partner with faith- and community-based organizations please visit *http://www.dol.gov/cfbci/accesspoints.htm* for specific mechanisms and strategies for integrating these organizations into the proposal. In addition, potential TBL users constitute a wide range of technology literacy levels. Successful applications will include provisions enabling participants with varying technical skill levels to participate in the proposed project. This may include computer and Internet literacy programs. However, such programs should not constitute the entirety of the proposed project, but should be used to enable as many participants as possible to benefit from the proposed project. Once learners have developed basic computer and technology proficiency, projects funded under the TBL grants should also provide technical support to ensure participants are successful in using the TBL application or other technologies supported under the grant project. This support should be available to all learners served by the grant project. Technical support would assist learners in using relevant software, as well as assisting learners in diagnosing and fixing hardware problems that prevent them from being able to use the TBL supported by the grant. Support could be in the form of dedicated user support telephone numbers, periodic refresher courses, webinars or online learning modules, in-person consultation at a central site or a site convenient for the learner, periodic in-person gatherings, or other methods of support provision. Successful applications will outline methods and techniques for user support for the proposed training program. D. Training Leading to Recognized Credentials Achieving widely recognized industry credentials and qualifications are important to employment skills training. These qualifications are portable across companies and different parts of the country, and provide employment flexibility and mobility to the worker. In the event no currently recognized credential in the target industry or occupation exists, compelling arguments backed by sufficient evidence of competency towards meeting the needs of the target industry upon program completion will also be considered. Part II. Award Information 1. Award Amount ETA anticipates awarding approximately twenty
(20)grants, with individual grants generally ranging in value from $100,000 up to $500,000. However, this does not preclude ETA from funding grants at either a lower or higher amount, or funding a smaller or larger number of projects, based on the type and the number of quality submissions. Applicants are encouraged to submit budgets for quality projects at whatever funding level is appropriate to their project. 2. Period of Performance The period of grant performance will be up to 36 months from the date of execution of the grant documents. This performance period shall include all necessary implementation and start-up activities, participant follow-up for performance outcomes, and grant close-out activities. ETA may elect to exercise its option to award no-cost extensions to grants for an additional period, based on the success of the program and other relevant factors, if the grantee requests, and provides a significant justification for such an extension. 3. Required Matching Resources ETA grant funds must not be the sole funding source for the activities to be carried out under the proposal. Grantees must match 20 percent of the grant amount with monetary or in-kind contributions. Matching must meet the definition delineated in 29 CFR Part 95.23 and 29 CFR Part 97.24. Applicants must fully describe the amount, commitment, nature, and quality of the matched resources. Please note that Federal resources may not be counted as match. To be allowable as part of match, a cost must be an allowable charge for Federal grant funds. Determinations of allowable costs will be made in accordance with the applicable Federal cost principles as indicated in Part II. If the cost would not be allowable as a grant-funded charge, then it also cannot be counted toward matching funds. Matching funds must be expended during the grant period of performance. Please note that applicants are expected to fulfill the match amount specified on their SF-424 application and SF-424a budget form. Upon completion of the grant, if the match amount specified by the applicant is not met or if a portion of the matching funds are found to be an unallowable cost, the amount of DOL grant funds may be decreased on a dollar for dollar basis. This may result in the repayment of funds to DOL. 4. Use of Funds/Allowable Activities TBL grants will be funded by H-1B fees as authorized under Sec. 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (Pub. L. 105-277, title IV) as amended by Public Law 108-447 (codified at 29 U.S.C. 2916a). These funds are focused on the development of the workforce and may be used to provide job training and related activities to workers to assist them in gaining the skills and competencies needed in industry sectors and occupations projected to experience significant growth or significant demand for workers. Whether the focus is on an industry sector or an occupational area, training investments using grant funds should focus on workforce education in high-skill occupations. Funds available under this Solicitation may only be used for projects that provide training in the occupations and industries for which employers use H-1B visas or those related activities necessary to support training in such occupations and industries. Please see the report titled *Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005* , especially table 13B on page 21 of the report, from the following link for guidance on the list of eligible occupations and industries that have been identified as those for which employers use H-1B visas to employ foreign workers. *http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf.* Activities funded under this Solicitation must be focused on developing skills and competencies related to the fields identified in the Attachment. Funds may also be used to enhance the provision of job training services and information as authorized in 29 U.S.C. 2916a(2)(B). 5. Funding Restrictions 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. Successful or unsuccessful applicants will not be entitled to reimbursement of pre-award costs. *Limitations on Cost per Participant* . Since training costs may vary considerably for different occupations in different industries on the skills and competencies required, flexibility will be given on the cost per-participant. However, applications for funding will be reviewed to determine if the cost of the training is appropriate and will produce the outcomes identified. Applicants should demonstrate that the proposed cost per participant is aligned with existing price structures for similar training in the local area or other areas with similar characteristics. When calculating cost per participant, applicants must distinguish between non-training and training costs utilizing grant funds. Indirect Costs. As specified in the Office of Management and Budget Circular 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. An indirect cost rate
(ICR)is required when an organization operates under more than one grant or other activity whether Federally-assisted or not. Organizations must use the indirect cost rate supplied by the cognizant Federal agency. If an organization requires a new ICR or has a pending ICR, the Grant Officer will award a temporary billing rate for 90 days until a provisional rate can be issued. This rate is based on the fact that an organization has not established an ICR agreement. Within this 90 day period, the organization must submit an acceptable indirect cost proposal to their Federal cognizant agency to obtain a provisional ICR. Administrative Costs. Under the TBL Initiative, 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 Standard Form 424A Budget Information Form. Administrative costs 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. Use of Funds for Supportive Services. Use of grant funds for supportive services, such as transportation and childcare, including funds provided through stipends for such purposes, is not an allowable cost under this Solicitation for Grant Applications. Salary and Bonus Limitations. None of the funds awarded under this grant shall be used by a recipient or sub-recipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. See sections five through eight of the Training and Employment Guidance Letter number 5-06 for further clarification: *http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2262* . Legal Rules Pertaining to Inherently Religious Activities by Organizations that Receive Federal Financial Assistance. The government is generally prohibited from providing direct financial assistance for inherently religious activities (please see 29 CFR Part 2, Subpart D). These grants may not be used for religious instruction, worship, prayer, proselytizing or other inherently religious activities except as provided in those regulations. Therefore, organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under this program. Neutral, non-religious criteria that neither favors nor disfavors religion will be employed in the selection of grant recipients and must be employed by grantees in the selection of sub-recipients. A faith-based organization receiving ETA 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 ETA funded activities. Faith-based and community organizations may also reference ETA Training and Employment Guidance Letter
(TEGL)No. 01-05 (July 6, 2005), available at *http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2088* and the “Guidance to Faith-Based and Community Organizations on Partnering with the Federal Government” at *http://www.whitehouse.gov/government/fbci/guidance/index.html.* ETA Intellectual Property Rights. Applicants should note that grantees must agree to provide USDOL/ETA a paid-up, 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, and to authorize them to do so. Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise. Part III. Eligibility Information Eligible Applicants. This SGA intends to encourage new and continuing partnerships between: The publicly funded workforce investment system; representatives from business, industry, and economic development; and the continuum of education. In order to be eligible for consideration under this solicitation, the applicant must be either: • An accredited educational institution in partnership with a Workforce Investment Board. The applicant must have a letter of commitment from the Workforce Investment Board. • A private non-profit, or private provider of workforce system services determined to be tax exempt under section 501(C) of the Internal Revenue Code, including registered apprenticeship sponsors, in partnership with a Workforce Investment Board. The applicant must have a letter of commitment from the Workforce Investment Board. • A One-Stop Career Center as established under Section 121 of WIA, [29 U.S.C. 2841], in partnership with a state or local Workforce Investment Board. The eligible applicant for One-Stop Career Centers is the One-Stop Operator, as defined under Section 121(d) of WIA [29 U.S.C. 2841(d)], on behalf of the One-Stop Career Center. The One-Stop applicant must have a letter of commitment from the state or local Workforce Investment Board, and demonstrate that the Workforce Investment Board, or its designated fiscal agent, will serve as the fiscal agent for the grant by clearly providing the legal name and the Employer Identification number of the fiscal agent. The Workforce Investment Board's support and involvement in the project should be detailed in the letter of commitment. Applications from One-Stop Career Centers without a letter of commitment from their Workforce Investment Board will be considered non-responsive and will not be reviewed. • An employer or industry association in partnership with a Workforce Investment Board. The applicant must have a letter of commitment from the Workforce Investment Board. • Private, for-profit organizations in partnership with a Workforce Investment Board. The applicant must have a letter of commitment from the Workforce Investment Board. Other Eligibility Requirements Veterans Priority. The Jobs for Veterans Act (Pub. L. 107-288) provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the Department of Labor. In circumstances where a TBL Grant recipient must choose between two equally qualified candidates for training, one of whom is a veteran, the Jobs for Veterans Act requires that TBL grant recipients give the veteran priority of service by admitting him or her into the program. Please note that, to obtain priority of service, a veteran must meet the program's eligibility requirements. ETA Training and Employment Guidance Letter
(TEGL)No. 5-03 (September 16, 2003) provides general guidance on the scope of the Job for Veterans Act and its effect on current employment and training programs. TEGL No. 5-03, along with additional guidance, is available at the “Jobs for Veterans Priority of Service” Web site: *http://www.doleta.gov/programs/vets* . Participants Eligible To Receive TBL Training. Generally, the scope of potential trainees is very broad. Training may be targeted to a wide variety of populations, including unemployed individuals and incumbent workers. The identification of targeted and qualified trainees should be part of the larger project planning process by the required partnership and should relate to the workforce issue that is being addressed by the training. Part IV. Application and Submission Process 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 must consist of two
(2)separate and distinct parts, Part I—The Cost Proposal and Part II—The Technical Proposal. Applications that fail to adhere to the instructions in this section will be considered non-responsive and may not be given further consideration. Applicants who wish to apply do not need to submit a Letter of Intent. The completed application package is all that is required. Part I—The Cost Proposal must include the following three items: • The Standard Form
(SF)424, “Application for Federal Assistance” (available at *http://www.doleta.gov/sga/forms.cfm* ). 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 will be considered the Authorized Representative of the applicant. • All applicants for Federal grant and funding opportunities are required to have a Data Universal Numbering System
(DUNS)number provided by Dun and Bradstreet. See 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.doleta.gov/sga/forms.cfm* ). In preparing the Budget Information Form, the applicant must provide a concise narrative explanation to support the request. The budget narrative should explain the administrative costs and how they support the project goals. All applicants should indicate training costs-per-participant by dividing the total amount of the budget designated for training by the number of participants trained. Only an applicant's match amount should be listed on the SF 424 (Block 18) and SF 424A Budget Information Form (Section A, Column F and Section C). Please note that applicants that fail to provide an SF 424, SF 424A and a budget narrative will be removed from consideration prior to the technical review process. The amount of Federal funding requested for the entire period of performance should be shown together on the SF 424 and SF 424A Budget Information Form. Applicants are also encouraged, but not required, to submit the OMB Survey No. 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 of the application demonstrates the applicant's capabilities to fulfill the intention of the TBL Initiative. The Technical Proposal is limited to twenty
(20)double-spaced, single-sided, 8.5 inch x 11 inch pages with twelve point text font and one-inch margins. The first page of Part II—The Technical Proposal must consist entirely of an executive summary not to exceed one page. Applicants should number the Technical Proposal beginning with page number one. Any pages over the 20-page limit will not be reviewed. In addition, while the applicant may provide resumes, general letters of support and other related material, any attachments may not exceed an additional 10 pages. The required letter(s) of concurrence and/or documentation of partnership must be submitted and will not count against the first 20 allowable pages, but will count against the 10-page limitation on attachments. Please note, letters of commitment should be sent with or attached to the application. Additionally, the applicant must reference grant partners by organizational name in the text of the Technical Proposal. No cost data or reference to prices should be included in the Technical Proposal. Applications may be submitted electronically on *http://www.grants.gov* *or* in hard-copy via U.S. mail, professional overnight delivery service, or hand delivery. These processes are described in further detail in Part IV.C. 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 USDOL/ETA. C. Submission Date, Times and Mailing Address The closing date for receipt of applications under this announcement is August 19, 2008. Applications must be received at the address below no later than 5 p.m. (Eastern Time). Applications sent by e-mail, telegram, or facsimile 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. ETA will post Frequently Asked Questions
(FAQs)about this SGA on our Web site, *http://www.doleta.gov/grants* . The FAQs as well as the dates and access information for the Prospective Applicant Conferences will be posted on ETA's Web site at: *http://www.doleta.gov/grants* . Please check these pages periodically during the application period of the solicitation for updates. Please submit one
(1)blue-ink signed, typewritten original of the application and two
(2)signed photocopies in one package to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: Mamie Williams, Reference SGA/DFA PY 08-04, 200 Constitution Avenue, NW., Room N-4716, Washington, DC 20210. Information about applying online through *http://www.grants.gov* can be found in section IV.C of this document. Applicants are advised that mail delivery in the Washington area is delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. Applicants may apply online through grants.gov ( *http://www.grants.gov* ). It is strongly recommended that applicants applying online for the first time via grants.gov immediately initiate and complete the “Get Registered” registration steps at *http://www.grants.gov/applicants/get_registered.jsp.* These steps may take multiple days or weeks to complete, and this time should be factored into plans for electronic application submission in order to avoid unexpected delays that could result in the rejection of an application. It is highly recommended that online submissions be completed at least two
(2)working days prior to the date specified for the 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. If submitting electronically through grants.gov, the attachments of the application must be saved as either .doc, .xls or .pdf 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, was properly addressed, and:
(a)Was sent by U.S. Postal Service registered or certified mail 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 submitted on 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 two
(2)working days prior to the date specified for receipt of applications to ensure that the applicant still has the option to submit by professional overnight delivery service in the event of any electronic submission problems. Applicants take a significant risk by waiting until the last day to submit by grants.gov. “Postmarked” means a printed, stamped or otherwise placed 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. D. Intergovernmental Review This funding opportunity is not subject to Executive Order
(EO)12372, “Intergovernmental Review of Federal Programs.” E. Withdrawal of Applications Applications may be withdrawn by written notice 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. Part V. Applications Review Process This section identifies and describes the criteria that will be used to evaluate proposals for this grant program. These criteria and point values are listed in the table below. Expanding Training Opportunities Using TBL 30 Demand-Driven Strategic Partnerships 20 Program Design, User Support, and Outcomes 40 Training Leading to an Industry Recognized Credential 10 Expanding Training Opportunities Using TBL (30 Points) As described below, the applicant must show in detail how their proposed usage of TBL will expand and/or improve upon training opportunities for their targeted industry or occupation and population. *Expanding Training Opportunities Using TBL (10 points)* —Applicants must clearly show how the use of TBL in their proposal will expand the employment and training options available to consumers in their targeted occupation and/or industry. Applications proposing expansion of existing TBL employment and training programs must clearly show how many more individuals will be served than are currently being served by the program. All applications must clearly show the number of additional individuals the proposal would allow to be trained. *Overcoming Traditional Workforce Training Barriers (10 points)* —The applicant must describe how their proposed use of TBL would overcome barriers of distance and time for the user and capacity for the training providers and/or users as described in Part I of this SGA. Successful applications will show the necessity of using TBL methods to increase the numbers of individuals trained. *Sustainability and Scalability (7 points)* —ETA places a high premium on demonstrations that can be sustainable after the grant period has ended and that are scalable to larger roll out across the nation. Proposals should outline plans for sustainability of the program post-grant in regard to the program and partnerships. Also, applications should outline the feasibility of expanding a successful program in terms of geographic reach, industry sites served, numbers of individuals trained, and of replicating the entire program. *Need for Federal Investment (3 points)* —Applicants must clearly outline the need for intervention in the targeted industry or occupational field, as well as the necessity of the Federal investment. Applications must describe in detail the current challenges the proposal seeks to overcome with TBL methods, and must demonstrate how the proposed project will increase opportunities for training in the applicant's target population. Demand-Driven Strategic Partnerships (20 points) As described below, applicants must show evidence that a strong partnership exists among educational institutions, local high-growth/high-demand industries, and the workforce investment system. Applicants must highlight and discuss the targeted high-growth/high-demand occupation and/or industry and clearly show the need for the proposal in meeting the demands of each as appropriate. Applicants must provide letters of commitment from each partner detailing their involvement in the proposal. *Strength of Partnerships (8 points)* —The strength of the strategic partnership is critical to the successful execution of the proposal and the post-grant viability of the program. Applicants must clearly explain how the strategic partners are engaged to the fullest extent possible and articulate how each partner's area of expertise will be utilized in the project. If disconnected or disadvantaged populations are targeted in the grant, the applicant must show how it will foster access to training through networks of faith- and community-based organizations. Letters of commitment from each partner detailing their participation in each stage of the project are required. The applicant must discuss how the partners will interact at each stage of the project and the ability of the lead organization to successfully manage the partnership and project. The applicant must designate one organization from the workforce investment or education system from among the application's partners to act as grant recipient. *High-growth/High-demand (7 points)* —Industry partners should be chosen from high-growth/high-demand industries in the targeted regional economy. Successful applications will provide detailed evidence of their industry partner's position as a high-demand/high-growth industry field or as an employer of the targeted high-growth/high-demand occupation. Applications must also clearly and convincingly outline the need for TBL training resources to be used to meet employment and training demand. *Organizational Capacity (5 points)* —Applications must detail each partner's experience, expertise, and ability to fulfill their part of the proposal and document any history of past collaborations. In addition, expertise in TBL and the target industry and/or occupation should be well documented. Program Design, User Support, and Outcomes (40 points) In evaluating the quality of the program design and management plan for each proposal, ETA will consider the following elements. *Program Design (20 points)* —Applicants must clearly outline the training or learning program to be developed, expanded, and/or created, and include timelines for implementation and benchmark evaluations as appropriate. If the content already exists, the applicant shall clearly explain how the content will be expanded through the use of TBL to meet the occupational skill needs of industry in the targeted fields. Applicants will also be scored on the extent to which the management plan appears likely to achieve the objectives of the project in meeting the goals of the TBL grant. Applicants must estimate how many more individuals will be able to access the training program than currently enrolled. *Outcomes (10 points)* —Applications must project the increased number of individuals that will be able to receive training under the proposal. For existing programs, applications must show the numbers of individuals trained in the previous training cycle. Estimations of projected increases in individuals trained should be compelling and fully formed, and include consideration from all appropriate factors. *User Support (5 points)* —Applications must clearly outline their plans to provide user support to program participants including bridging the digital divide and all manners of proposed technical support for users, including, but not limited to user support examples outlined in Part I of this SGA. *Evaluation and Data Collection (5 points)* —Measuring the performance of pilots and demonstrations is a high priority for ETA. Post-grant evaluations require collection of a robust set of variables. While grantees will not be required to perform an evaluation themselves, they will be required to participate in an evaluation of the demonstration. Therefore, applicants must demonstrate a capacity to gather relevant statistical, demographic, and other data as appropriate from project participants and program performance. Grantees must participate in and cooperate with any planned evaluation, which may extend beyond the grant period of performance. Data collection may include, but is not limited to: • Total enrollment in training program. • Increase in enrollment attributed to grant (number of additional students). • Number of participants that entered employment. • Number of participants that entered employment in industry related to training. • Participant's employment retention after six months and advancement. • Participant's average earnings in the two quarters after program exit. • Participant's receiving promotions and/or wage gains. • Participant's receiving industry recognized credentials or educational certifications. Training Leading to an Industry Recognized Credential (10 points) Applicants must seek to train individuals towards attainment of an industry or occupationally recognized certificate or credential. Applications must clearly state the specific industry or occupationally recognized credential that the TBL training will lead to and provide a brief discussion of the credential. Foundational training can be a component of a proposal, but the majority of the funds should be directed towards industry-specific training. In the absence of a defined and recognized credential for the targeted industry or occupation, compelling evidence of occupational skill and/or competency attainment through program completion will be considered. In every instance possible, industry-specific training should conform to published competency models. A link to a published competency model is included below. *http://www.careeronestop.org/CompetencyModel.* Review and Selection Process Applications will be accepted after the publication of this announcement until the closing date. A technical review panel will make a careful evaluation of applications against the criteria set forth in Part V of this Solicitation. These criteria are based on the policy goals, priorities, and emphases set forth in this SGA. Up to 100 points may be awarded to an application, based on the required information described in Part V of this Solicitation. The ranked scores will serve as the primary basis for selection of applications for funding, in conjunction with other factors such as: Urban, rural, and geographic balance; industry balance; the availability of funds; and which proposals are most advantageous to the Government. The panel results are advisory in nature and not binding on the Grant Officer, who may consider any information that comes to his attention. ETA may elect to award the grant(s) with or without prior discussions with the applicants. The Government will consider applications rated by the evaluation panels with a score of 80 or above to be eligible for a grant award. Applicants that score less than 80 will not be eligible for a grant award. 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. Part VI. Award Administration Information A. Award Notices All award notifications will be posted on the ETA Web site at *http://www.doleta.gov.* Applicants selected for award will be contacted directly before the grant's execution. Applicants not selected for award will be notified by mail as soon as possible. Note: Selection of an organization as a grantee does not constitute approval of the grant application as submitted. Before the actual grant is awarded, ETA may enter into negotiations about such items as program components, staffing, and administrative systems in place to support grant implementation. If negotiations do not result in a mutually acceptable submission, the Grant Officer reserves the right to terminate the negotiation and decline to fund the application. B. Administrative and National Policy Requirements 1. Administrative Program Requirements All grantees will be subject to all applicable Federal laws, regulations, and the applicable OMB Circulars. The grant(s) awarded under this SGA will be subject to the following administrative standards and provisions, if applicable: a. Workforce Investment Act—20 CFR Part 667 (General Fiscal and Administrative Rules). b. Non-Profit Organizations—OMB Circulars A-122 (Cost Principles) and 29 CFR Part 95 (Administrative Requirements). c. Educational Institutions—OMB Circulars A-21 (Cost Principles) and 29 CFR Part 95 (Administrative Requirements). d. State and Local Governments—OMB Circulars A-87 (Cost Principles) and 29 CFR Part 97 (Administrative Requirements). e. Profit Making Commercial Firms—FAR—48 CFR Part 31 (Cost Principles), and 29 CFR Part 95 (Administrative Requirements). f. All entities must comply with 29 CFR Parts 93 and 98, and, where applicable, 29 CFR Parts 96 and 99. g. The following administrative standards and provisions may also be applicable: i. 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; ii. 29 CFR Part 30—Equal Employment Opportunity in Apprenticeship and Training; iii. 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; iv. 29 CFR Part 32—Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance; v. 29 CFR Part 33—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the DePartment of Labor; vi. 29 CFR Part 35—Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from the DePartment of Labor; vii. 29 CFR Part 36—Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance; viii. 29 CFR Part 37—Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998. In accordance with Section 18 of the Lobbying Disclosure Act of 1995 (Pub. L. 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. Note: Except as specifically provided in this Notice, ETA's acceptance of a proposal and an award of Federal funds to sponsor any program(s) does not provide a waiver of any grant requirements and/or procedures. For example, 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, 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. C. Special Program Requirements ETA requires that the program or project participate in an evaluation of overall performance. To measure the impact of the TBL demonstration grant program, ETA may arrange for or conduct an independent evaluation of the outcomes and benefits of the projects. At minimum, grantees will be required to track performance using the common performance measures for any training component of their program. Grantees 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 ETA, including after the expiration date of the grant. Please see Evaluation and Data Collection under *Part V. Applications Review Process,* Program Design, User Support, and Outcomes for more details. In addition, once the grants are awarded, the evaluation team will provide specific information on the scope of the evaluation. D. Reporting As a condition of participation in the TBL demonstration grant program, successful applicants will be required to submit periodic reports such as the Quarterly Financial Reports, Progress Reports and Final Reports as follows: *Quarterly Financial Reports.* A Quarterly Financial Status Report (ETA 9130)/OMB Approval No. 1205-0461 is required until all funds have been expended and/or the grant period has expired. Quarterly financial reports are due 45 days after the end of each calendar year quarter. Grantees must use ETA's Online Electronic Reporting System. *Quarterly Progress Reports.* The grantee must submit a quarterly progress report, Performance Progress Report, SF-PPR/OMB Approval Number: 0970-0443, to the designated Federal Project Officer within 45 days after the end of each calendar year quarter. Two copies are to be submitted providing a detailed account of activities undertaken during that quarter. ETA may require additional data elements to be collected and reported on either a regular basis or special request basis. Grantees must agree to meet ETA's reporting requirements. The quarterly progress report must be in narrative form and must include: In-depth information on accomplishments including project success stories, upcoming grant activities, promising approaches and processes, and progress toward performance outcomes, among others. Also, reports should include updates on product, curricula, training development, challenges, barriers, or concerns regarding project progress. Reports should also include lessons learned in the areas of project administration and management, project implementation, partnership relationships, and other related information. ETA will provide grantees with guidance and tools to help develop the quarterly reports once the grants are awarded. *Final Report.* A draft final report must be submitted no later than 60 days prior to the expiration date of the grant. This report must summarize project activities, employment outcomes, and related results of the training project, and should thoroughly document capacity building and training approaches. The final report should also include copies of all deliverables, *e.g.* curricula and competency models. After responding to ETA questions and comments on the draft report, three copies of the final report must be submitted no later than the grant expiration date. Grantees must agree to use a designated format specified by ETA for preparing the final report. Part VII. DOL Agency Contact Information For further information regarding this SGA, please contact Mamie Williams, Grants Management Specialist,
(202)693-3341. (Please note this is not a toll-free number.) Applicants should fax all technical questions to
(202)693-2879 and must specifically address the fax to the attention of Mamie Williams and should include SGA/DFA PY 08-04, 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,* as well as in the **Federal Register** . Part VIII. Additional Resources of Interest to Applicants Resources for the Applicant ETA maintains a number of Web-based resources that may be of assistance to applicants. • The Workforce3One Web site at *http://www.workforce3one.org* is a valuable resource for information about demand driven projects of the workforce investment system, educators, employers, and economic development representatives. • America's Service Locator at *http://www.servicelocator.org* provides a directory of the nation's One-Stop Career Centers. • Career Voyages at *http://www.careervoyages.com* is a Web site targeted at youth, parents, counselors, and career changers that provides information about career opportunities in high-growth/high-demand industries. • Applicants are encouraged to review “Help with Solicitation for Grant Applications” at *http://www.dol.gov/cfbci/sgabrochure.htm.* • For a basic understanding of the grants process and basic responsibilities of receiving Federal grant support, please see “Guidance for Faith-Based and Community Organizations on Partnering with the Federal Government” available at *http://www.whitehouse.gov/government/fbci/guidance/index.html.* 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 U.S. Department of Labor, the OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503. Please do not return the 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 applicants 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 12th day of June, 2008. James W. Stockton, Grant Officer. [FR Doc. E8-13967 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the period of *June 2 through June 6, 2008* . In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.
(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3)Either—
(A)The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph
(2)accounted for at least 20 percent of the production or sales of the workers' firm; or
(B)A loss of business by the workers' firm with the firm (or subdivision) described in paragraph
(2)contributed importantly to the workers' separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. *TA-W-63,307; Condor Products Co., Inc., A Wholly Subsidiary of Coolgas, Owosso, MI: April 30, 2007.* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. *TA-W-63,249; Starkey Laboratories, Inc., Starkey Northwest Division, Portland, OR: April 23, 2007.* *TA-W-63,105; The Bradenton Herald, AD Production Department, Bradenton, FL: March 25, 2007.* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. *None.* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. *None.* Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-63,267; Shane Hunter, Inc., San Francisco, CA: April 18, 2007.* *TA-W-63,378; SL Montevideo Technology, Inc., Montevideo, MN: May 9, 2007.* *TA-W-63,218; Weyerhaeuser Company, Ilevel Veneer Technologies, Junction City, OR: April 9, 2007.* *TA-W-63,256; Shuqualak Lumber Company, Inc., Sawmill and Planermill Division, Shuqualak, MS: April 25, 2007.* *TA-W-63,376; Oxford Furniture, Inc., Ecru, MS: May 6, 2007.* *TA-W-63,389; The Apparel Group/Chaseline, d/b/a Chaseline, Reidsville, NC: May 12, 2007.* *TA-W-63,445; Citation Grand Rapids, LLC, Grand Rapids, MI: May 28, 2007.* *TA-W-63,344; General Motors Corporation, Moraine Assembly Plant, Vehicle Manufacturing Division, Moraine, OH: June 17, 2008.* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-63,310; Rockwell Automation, Eden Prairie, MN: May 2, 2007.* *TA-W-63,393; Fawn Plastics, Middlesex, NC: May 14, 2007.* *TA-W-63,403; Lear Corporation, Tampa, FL: May 16, 2007.* *TA-W-63,427; Lumberg Automation USA, Midlothian, VA: May 13, 2007.* *TA-W-63,449; Lear Corporation, Seating Systems Division, Troy, MI: March 8, 2008.* *TA-W-63,127; Edscha Spartanburg, Greer, SC: July 23, 2007.* *TA-W-63,253; IntraPac, Inc., Harrisonburg, VA: April 25, 2007.* *TA-W-63,274; Schindler Elevator Corporation, Sidney, OH: April 28, 2007.* *TA-W-63,334; Stearns, Inc., aka Coleman Company, Sauk Rapids, MN: November 17, 2007.* *TA-W-63,334A; Stearns, Inc., aka Coleman Company, Grey Eagle, MN: November 17, 2007.* *TA-W-63,358; Rika Denshi America, Inc., Attleboro, MA: May 8, 2007.* *TA-W-63,363; Times Fiber Communications, Inc., Chatham, VA: May 9, 2007.* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-63,250; Berkline/Benchcraft, LLC, Woodcraft—Woodworking Plant, Ripley, MS: April 22, 2007.* *TA-W-63,311; McKechnie Vehicle Components, Newberry, SC: May 2, 2007.* *TA-W-63,318; Raytor Compounds, Florence, MA: May 2, 2007.* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *None* . Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion
(1)of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. *TA-W-63,307; Condor Products Co., Inc., A Wholly Subsidiary of Coolgas, Owosso, MI.* The Department has determined that criterion
(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-63,249; Starkey Laboratories, Inc., Starkey Northwest Division, Portland, OR.* *TA-W-63,105; The Bradenton Herald, AD Production Department, Bradenton, FL.* The Department has determined that criterion
(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None* . Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. *TA-W-63,212; Tweddle Litho Company, dba Tweddle Group, Clinton Township, MI.* *TA-W-63,279; Geiger Bros., Lewiston, NC.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-63,150; Enercon, Gray, OR.* *TA-W-63,150A; Enercon, Auburn, MS.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-63,348; BASF Chemical Corporation, Aberdeen, SC.* *TA-W-63,180; Atlas Alchem Plastic, Inc., dba Spartech Packaging Technologies, Mankato, CA.* *TA-W-63,268; Key Plastics, LLC, Toolroom Department, Felton, MS.* The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-63,239; The Hertz Technology Center, A Subsidiary of The Hertz Corporation, Oklahoma City, OH.* *TA-W-63,324; Americall Group, Inc., Hobart, MI.* The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. *None.* I hereby certify that the aforementioned determinations were issued during the period of *June 2 through June 6, 2008.* Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: June 13, 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13973 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under title II, chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 30, 2008. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 30, 2008. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 11th day of June 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 6/2/08 and 6/6/08] TA-W Subject firm (petitioners) Location Date of institution Date of petition 63454 GM Powertrain
(Wkrs)Bedford, IN 06/02/08 05/22/08 63455 HSBC Card Services (State) Salinas, CA 06/02/08 05/30/08 63456 Mahle Engine Components
(UAW)Muskegon, MI 06/02/08 05/29/08 63457 MTD Southwest, Inc.
(Comp)Tempe, AZ 06/02/08 05/30/08 63458 Excello Engineered Systems
(Comp)Macedonia, OH 06/02/08 05/30/08 63459 Chaco, Inc.
(Comp)Paonia, CO 06/02/08 05/31/08 63460 AS America
(USWA)Salem, OH 06/02/08 05/30/08 63461 Logistic Services, Inc.
(UAW)Janesville, WI 06/02/08 05/30/08 63462 Carthage Fabrics, Inc.
(Wkrs)Carthage, NC 06/03/08 05/28/08 63463 Sun Chemical Company (State) North Haven, CT 06/03/08 06/02/08 63464 Dura Automotive Systems
(Comp)Galdwin, MI 06/03/08 05/30/08 63465 Sara Campbell, Ltd
(Comp)Boston, MA 06/03/08 06/02/08 63466 Citation Corporation
(Comp)Butler, IN 06/03/08 06/02/08 63467 JM Eagle (State) Hastings, NE 06/03/08 06/02/08 63468 Circor Instrumentation Technologies (State) Spartanburg, SC 06/03/08 06/02/08 63469 Ladeer Metal Stamping
(Wkrs)Ladeer, MI 06/03/08 06/01/08 63470 Intelicoat Technologies
(Wkrs)Portland, OR 06/03/08 06/02/08 63471 Appleton Coate
(Wkrs)Combined Locks, WI 06/04/08 06/03/08 63472 Sandberg and Sikorski
(Wkrs)New York, NY 06/04/08 05/29/08 63473 Whyco Finishing Technologies, LLC (State) Thomaston, CT 06/04/08 06/03/08 63474 Anderson Independent Mail
(Wkrs)Anderson, SC 06/04/08 05/23/08 63475 Biosense Webster
(Wkrs)Irwinday, CA 06/04/08 06/03/08 63476 Indalex, Inc. (Union) Modesto, CA 06/04/08 06/03/08 63477 Kwikset Corporation
(Comp)Denison, TX 06/04/08 06/02/08 63478 Aleris Rolled Products
(Rep)Bedford, OH 06/04/08 06/02/08 63479 S. U.S. Cast Products, Inc.
(Wkrs)Logansport, IN 06/04/08 06/02/08 63480 Mitsubishi Kagaku Imaging Corporation
(Comp)Chesapeake, VA 06/04/08 05/20/08 63481 Compucom Sytems, Inc.—Help Desk
(Comp)Parsippany, NJ 06/05/08 05/29/08 63482 Northridge Mills (State) San Fernando, CA 06/05/08 05/22/08 63483 Southern Industrial Fabrics
(Comp)Rossville, GA 06/05/08 05/27/08 63484 Paul Winston Eurostar, LLC
(Comp)New York, NY 06/05/08 05/23/08 63485 Trans-Ocean Products, Inc.
(Comp)Salem, OR 06/05/08 05/29/08 63486 Grapevine Staffing, LLC (State) Creston, IA 06/05/08 06/03/08 63487 Occidental Chemical Corporation
(Comp)Muscle Shoals, AL 06/05/08 05/30/08 63488 Schweitzer-Mauduit International, Inc.
(Comp)Lee, MA 06/05/08 06/02/08 63489 Weastec, Inc.
(Wkrs)Seaman, OH 06/05/08 06/04/08 63490 Tenneco (Union) Milan, OH 06/05/08 06/04/08 63491 Sensus Metering
(Wkrs)Uniontown, PA 06/06/08 06/05/08 63492 Beverage Air (State) Spartanburg, SC 06/06/08 06/06/08 63493 Evergy, Inc.
(Comp)Pawtucket, RI 06/06/08 06/05/08 63494 Master Industries, Inc.
(Comp)Ansonia, OH 06/06/08 06/05/08 63495 Nova Knits
(Wkrs)San Francisco, CA 06/06/08 05/23/08 63496 A. B. Boyd Corporation (Union) Chino, CA 06/06/08 06/05/08 63497 Decoro USA, Ltd
(Comp)High Point, NC 06/06/08 05/26/08 63498 Westland Controls (State) Westland, MI 06/06/08 06/02/08 [FR Doc. E8-13972 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,193] JP Morgan Chase & Co., JP Morgan Asset Management Fiduciary Administration—Court Accounting, Troy, MI; Notice of Negative Determination Regarding Application for Reconsideration By application dated June 6, 2008, a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on May 13, 2008 and published in the **Federal Register** on May 29, 2008 (73 FR 30978). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)if it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)if in the opinion of the Certifying Officer, a mis-interpretation of facts or of the law justified reconsideration of the decision. The negative TAA determination issued by the Department for workers of JP Morgan Chase & Co., JP Morgan Asset Management, Fiduciary Administration—Court Accounting, Troy, Michigan was based on the finding that the worker group does not produce an article within the meaning of Section 222 of the Trade Act of 1974. The petitioner states that employment at the subject firm was negatively impacted by a shift of job functions to India. The petitioner also states that regardless of whether the workers of the subject firm produce a product or provide services, they should be certified eligible for Trade Adjustment Assistance. The investigation revealed that the workers of JP Morgan Chase & Co., JP Morgan Asset Management, Fiduciary Administration—Court Accounting, Troy, Michigan are engaged in preparing trust and account transaction histories, and asset inventory lists for various county courts and/or other clients. These functions, as described above, are not considered production of an article within the meaning of Section 222 of the Trade Act of 1974. The allegation of a shift to another country might be relevant if it was determined that workers of the subject firm produced an article. Since the investigation determined that workers of JP Morgan Chase & Co., JP Morgan Asset Management, Fiduciary Administration—Court Accounting, Troy, Michigan do not produce an article, there cannot be imports nor a shift in production of an “article” abroad within the meaning of the Trade Act of 1974 in this instance. The petitioner did not supply facts not previously considered; nor provide additional documentation indicating that there was either
(1)a mistake in the determination of facts not previously considered or
(2)a misinterpretation of facts or of the law justifying reconsideration of the initial determination. After careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 9th day of June 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13977 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,486] Grapevine Staffing, LLC, Workers On-Site at O'Bryan Brothers Incorporated, Leon, IA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on June 5, 2008, in response to a petition filed by a State agency representative on behalf of workers of Grapevine Staffing, LLC, working on-site at O'Bryan Brothers Incorporated, Leon, Iowa. The petitioning worker group is covered by a certification of eligibility to apply for worker adjustment assistance and alternative trade adjustment assistance under amended petition number TA-W-61,265, which does not expire until May 16, 2009. Consequently, further investigation in this case would serve no purpose and the investigation has been terminated. Signed at Washington, DC, this 13th day of June 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13971 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,417] Greene Plastics Corporation, Hope Valley, RI; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 21, 2008 in response to a petition filed by a company official on behalf of workers of Greene Plastics Corporation, Hope Valley, Rhode Island. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 9th day of June 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13979 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-63,463 Sun Chemical Company, North Haven, CT; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on June 3, 2008, in response to a worker petition filed by a state workforce official on behalf of workers of Sun Chemical Company employed on-site at the North Haven, Connecticut location of Quebecor World Northeast Graphics, Inc. The petitioning group of workers is covered by an active certification, (TA-W-63,301) which expires on May 16, 2010. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC, this 11th day of June 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-13980 Filed 6-19-08; 8:45 am] BILLING CODE 4510-FN-P NUCLEAR REGULATORY COMMISSION Application for a License To Export Major Components for Nuclear Reactors Pursuant to 10 CFR 110.70 (b)(1) “Public Notice of Receipt of an Application,” please take notice that the Nuclear Regulatory Commission
(NRC)has received the following request for an export license. Copies of the request are available electronically through ADAMS and can be accessed through the Public Electronic Reading Room
(PERR)link *http://www.nrc.gov/reading-rm.html* at the NRC Homepage. A request for a hearing or petition for leave to intervene may be filed within thirty days after publication of this notice in the **Federal Register** . Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. A request for a hearing or petition for leave to intervene may be filed with the NRC electronically in accordance with NRC's E-Filing rule promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). Information about filing electronically is available on the NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* To ensure timely electronic filing, at least five days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV* , or by calling
(301)415-1677, to request a digital ID certificate and allow for the creation of an electronic docket. In addition to a request for hearing or petition for leave to intervene, written comments, in accordance with 10 CFR 110.81 should be submitted within thirty days after publication of this notice in the **Federal Register** to Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Rulemaking and Adjudications. In its review of applications for licenses and license amendments involving exports of major components of a utilization facility as defined in 10 CFR Part 110 and noticed herein, the Commission does not evaluate the health, safety or environmental effects in the recipient nation of the facility or facilities to be exported. The information concerning this license application follows: NRC Application for License To Export Major Components of a Nuclear Utilization Facility Name of applicant, date of application, date received, application No., docket No. Total quantity/ description of major components End use Country of destination Curtiss-Wright Electro-Mechanical Corporation, May 14, 2008, May 15, 2008, XR172, 11005752 As specified in 10 CFR Part 110, Appendix A Items
(4)and (9), one
(1)complete primary reactor coolant pump
(RCP)or major sub-assemblies thereof, and various raw materials and parts/components to be processed into finished parts, components, sub-assemblies and assemblies in the People's Republic of China for return to applicant and incorporation into primary RCPs. Approximate Dollar Value: Proprietary To support construction of four
(4)Westinghouse AP-1000 pressurized water reactors
(PWRs)authorized for export by NRC license XR169/01 to Sanmen and Haiyang nuclear power plants. Applicant seeks to add one new ultimate consignee (testing facility for complete AP-1000 RCP) and four
(4)new intermediate consignees (processing facilities to finish RCP parts) to the consignees listed on XR169/01 People's Republic of China. For the U.S. Nuclear Regulatory Commission. Dated this 11th day of June 2008 at Rockville, Maryland. Margaret M. Doane, Director, Office of International Programs. [FR Doc. E8-14002 Filed 6-19-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-352 and 50-353] Limerick Generating Station, Units 1 and 2; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License Nos. NPF-39 and NPF-85 issued to Exelon Generation Company, LLC (the licensee) for operation of Limerick Generating Station (LGS), Unit Nos. 1 and 2, located in Montgomery County, Pennsylvania. The proposed amendment would increase the required minimum volume of fuel oil in the emergency diesel generator
(EDG)day tanks from 200 gallons to 250 gallons, enough for 1 hour of continuous operation of the associated EDG at rated load. This change is necessitated by a revision to the LGS design analysis of EDG fuel consumption that accounts for parameters not considered in the original analysis, including the use of ultra-low sulphur diesel fuel oil. Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendment would not
(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? *Response:* No. The proposed change involves increasing the minimum volume of fuel oil required to be maintained in each emergency diesel generator
(EDG)fuel oil day tank. The proposed minimum volume of fuel oil ensures that sufficient fuel oil will be available to allow each EDG to operate for one hour at continuous rated load in accordance with the current licensing basis described in Limerick Generating Station
(LGS)Updated Final Safety Analysis Report (UFSAR), Section 9.5.4. The proposed amendment has no effect on the performance or operation of the EDGs, and will not affect the long-term reliability of the EDGs. The EDGs will continue to operate as designed to supply the electrical loads assumed to mitigate the consequences of accidents previously evaluated. The proposed change to the EDG fuel oil day tank minimum volume requirement has no effect on accident initiators or assumptions of analyzed events. Therefore, the proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? *Response:* No. No permanent physical changes to the EDGs, the EDG fuel oil day tanks, or the fuel oil storage and transfer system are involved with the proposed change. The proposed change does not involve the permanent installation of any new or different type of equipment. Operation of the EDGs is associated with mitigating the consequences of an accident, and not accident prevention or initiation. The proposed change ensures that the EDGs will continue to perform their design function. Therefore, the proposed change does not create the possibility of a new or different kind of accident from any previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? *Response:* No. There is no defined margin of safety that is affected by the minimum required volume of fuel oil maintained in the EDG fuel oil day tank. The proposed change does not involve a change to any safety limits, limiting safety system settings, or design parameters for any SSC [structure, system and component]. The proposed change does not impact any safety analysis assumptions and does not involve a change in initial conditions, system response times, or other parameters affecting an accident analysis. The proposed change ensures that sufficient fuel oil will be available to allow each EDG to operate for one hour at continuous rated load in accordance with the current licensing basis described in the LGS UFSAR, Section 9.5.4, and does not adversely affect any equipment important to safety. Therefore, the proposed change does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60-day period provided that its final determination is that the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the person(s) may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person(s) whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request via electronic submission through the NRC E-filing system for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten
(10)days prior to the filing deadline, the petitioner/ requestor must contact the Office of the Secretary by e-mail at *HEARINGDOCKET@NRC.GOV,* or by calling
(301)415-1677, to request
(1)a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or
(2)creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/ requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at *http://www.nrc.gov/site-help/e-submittals/install-viewer.html.* Information about applying for a digital ID certificate is available on NRC's public Web site at *http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.* Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format
(PDF)in accordance with NRC guidance available on the NRC public Web site at *http://www.nrc.gov/site-help/e-submittals.html.* A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the “Contact Us” link located on the NRC Web site at *http://www.nrc.gov/site-help/e-submittals.html* or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is
(800)397-4209 or locally,
(301)415-4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp* , unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their submissions. For further details with respect to this license amendment application, see the application for amendment dated August 24, 2007, supplemented by letter dated June 11, 2008, which are available for public inspection at the Commission's PDR, located at One White Flint North, File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 13th day of June, 2008. For the Nuclear Regulatory Commission. Peter J. Bamford, Project Manager, Plant Licensing Branch I-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8-13968 Filed 6-19-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Draft Regulatory Guide: Issuance, Availability AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Issuance and Availability of Draft Regulatory Guide (DG)-1200. FOR FURTHER INFORMATION CONTACT: Mary Drouin, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone:
(301)415-6675 or e-mail to *Mary.Drouin@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)has issued for public comment a draft guide in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide (DG), entitled, “An Approach for Determining the Technical Adequacy of Probabilistic Risk Assessment Results for Risk-Informed Activities,” is temporarily identified by its task number, DG-1200, which should be mentioned in all related correspondence. DG-1200 is proposed Revision 2 of Regulatory Guide 1.200. In 1995, the NRC issued a Policy Statement on the use of probabilistic risk analysis (PRA), encouraging its use in all regulatory matters. That Policy Statement states that “* * * the use of PRA technology should be increased to the extent supported by the state-of-the-art in PRA methods and data and in a manner that complements the NRC's deterministic approach.” Since that time, many uses have been implemented or undertaken, including modification of the NRC's reactor safety inspection program and initiation of work to modify reactor safety regulations. Consequently, confidence in the information derived from a PRA is an important issue, in that the accuracy of the technical content must be sufficient to justify the specific results and insights that are used to support the decision under consideration. This guide describes one acceptable approach for determining whether the quality of the PRA, in total or the parts that are used to support an application, is sufficient to provide confidence in the results, such that the PRA can be used in regulatory decision-making for light-water reactors. This guidance is intended to be consistent with the NRC's PRA Policy Statement. It is also intended to reflect and endorse guidance provided by standards-setting and nuclear industry organizations. When used in support of an application, this regulatory guide will obviate the need for an in-depth review of the base PRA by NRC reviewers, allowing them to focus their review on key assumptions and areas identified by peer reviewers as being of concern and relevant to the application. Consequently, this guide will provide for a more focused and consistent review process. In this regulatory guide, the quality of a PRA analysis used to support an application is measured in terms of its appropriateness with respect to scope, level of detail, and technical acceptability. The NRC staff has scheduled a public meeting on July 11, 2008, (9 a.m. to 12 p.m.), at NRC headquarters (11545 Rockville Pike, Rockville, Maryland 20852, conference room T-10A1) to discuss DG-1200. The meeting will focus on the changes in DG-1200 from the previous revision of this guide ( *i.e.* , Regulatory Guide 1.200, Revision 1). Call-in capability will be made available for those individuals who can not travel to NRC headquarters; however, only a limited number of call-in lines can be made available. Please contact Mary Drouin (e-mail *Mary.Drouin@nrc.gov* or 307-415-6675), if you plan to call in. The meeting will also be noticed at least 10 days prior to the meeting, which will include an agenda and the call-in number. II. Further Information The NRC staff is soliciting comments on DG-1200 (including any implementation schedule) and its associated regulatory analysis or value/impact statement. Comments may be accompanied by relevant information or supporting data and should mention DG-1200 in the subject line. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC's Agencywide Documents Access and Management System (ADAMS). Personal information will not be removed from your comments. You may submit comments by any of the following methods: 1. *Mail comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 2. *E-mail comments to* : *NRCREP@nrc.gov.* 3. *Hand-deliver comments to* : Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. 4. *Fax comments to* : Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission at
(301)415-5144. Requests for technical information about DG-1200 may be directed to the NRC contact, Mary Drouin at
(301)415-6675 or e-mail to *Mary.Drouin@nrc.gov* . Comments would be most helpful if received by August 25, 2008. Comments received after that date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of DG-1200 are available through the NRC's public Web site under Draft Regulatory Guides in the “Regulatory Guides” collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/* . Electronic copies are also available in ADAMS ( *http://www.nrc.gov/reading-rm/adams.html* ), under Accession No. ML081200566. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at
(301)415-4737 or
(800)397-4205, by fax at
(301)415-3548, and by e-mail to *PDR@nrc.gov* . Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. Dated at Rockville, Maryland, this 16th day of June, 2008. For the Nuclear Regulatory Commission. Stephen C. O'Connor, Acting Branch Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E8-13966 Filed 6-19-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Subcommittee Meeting on Power Uprates (Hope Creek); Notice of Meeting The ACRS Subcommittee on Power Uprates will hold a meeting on July 8, 2008, at 11545 Rockville Pike, Rockville, Maryland, Room T-2B3. The meeting will be open to public attendance, with the exception of portions that may be closed to discuss proprietary information pursuant to 5 U.S.C. 552b(c)(4) for presentations covering information that is proprietary to Dominion Nuclear Connecticut, Inc.
(DNC)or its contractor Westinghouse Electric Company LLC. The agenda for the subject meeting shall be as follows: Tuesday July 8, 2008—9 a.m.-5 p.m. The Subcommittee will review the staff's safety evaluation associated with the Millstone Power Station Unit 3 stretch power uprate. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, DNC, Westinghouse, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Officer, Mr. David Bessette at 301-415-8065, five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 26, 2007, (72 FR 54695). Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 8:45 a.m. and 5:30 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: June 12, 2008. Antonio Dias, Chief, Reactor Safety Branch B. [FR Doc. E8-14001 Filed 6-19-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Subcommittee Meeting on Thermal-Hydraulic Phenomena; Notice of Meeting The ACRS Subcommittee on Thermal-Hydraulic Phenomena will hold a meeting on July 7, 2008, at 11545 Rockville Pike, Rockville, Maryland, Room T-2B1. The meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Monday July 7, 2008—12 Noon Until 6 p.m. The Subcommittee will discuss the peer review of the TRACE code. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, consultants to the staff, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Officer, Mr. David Bessette at 301-415-8065, five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 26, 2007, (72 FR 54695). Further information regarding this meeting can be obtained by contacting the Designated Federal Officer between 7:45 a.m. and 4:30 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: June 12, 2008. Antonio Dias, Chief, Reactor Safety Branch B. [FR Doc. E8-13963 Filed 6-19-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Meeting Notice In accordance with the purposes of Sections 29 and 182b. of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards
(ACRS)will hold a meeting on July 9-11, 2008, 11545 Rockville Pike, Rockville, Maryland. The date of this meeting was previously published in the **Federal Register** on Monday, October 22, 2007 (72 FR 59574). Wednesday, July 9, 2008, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-10:30 a.m.: Stretch Power Uprate Application for Millstone Power Station Unit 3* (Open/Closed)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff, Dominion Nuclear Connecticut, Inc., and its contractor Westinghouse Electric Company LLC regarding the proposed 7% stretch power uprate for Millstone Power Station Unit 3, and related matters. *10:45 a.m.-2:15 p.m.: Selected Chapters of the Safety Evaluation Report
(SER)Associated with the Economic Simplified Boiling Water Reactor (ESBWR) Design Certification Application (Open/Closed)* —The Committee will hear presentations by and hold discussions with representatives of the NRC staff and General Electric—Hitachi Nuclear Energy
(GEH)regarding selected chapters of the NRC staff's SER with Open Items associated with the ESBWR design certification application. *2:30 p.m.-6 p.m.: Safeguards and Security Matters* (Closed)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the draft final/proposed rules and associated regulatory guidance in the area of safeguards and security. *6:15 p.m.-7:30 p.m.: Preparation of ACRS Reports* (Open/Closed)—The Committee will prepare and discuss the proposed ACRS reports on Stretch Power Uprate Application for Millstone Power Station Unit 3, selected chapters of the SER associated with the ESBWR Design Certification Application, and Safeguards and Security Matters. Thursday, July 10, 2008, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-10:30 a.m.: Status of NRC Staff Activities Associated with Seismic Design Issues at Nuclear Power Plants* (Open)—The Committee will discuss with representatives of the NRC staff the 2008 seismic research program plan, the interim staff guidance on high frequency ground motion, the July 2007 Japan earthquake, and the status of resolution of Generic Safety Issue-199 (GSI-199). *10:45 a.m.-12:30 p.m.: Containment Overpressure Credit* (Open/Closed)—The Committee will discuss with representatives of the NRC staff and Tennessee Valley Authority technical issues related to crediting of containment overpressure during design basis accidents and special events in support of the extended power uprate for Brown Ferry Units 1, 2, and 3. *1:30 p.m.-2:15 p.m.: Future Activities/Report of the Planning and Procedures Subcommittee* (Open)—The Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the full Committee during future ACRS meetings, and report on matters related to the conduct of ACRS business, including anticipated workload and member assignments. *2:15 p.m.-2:30 p.m.: Reconciliation of ACRS Comments and Recommendations* (Open)—The Committee will discuss the responses from the NRC Executive Director for Operations to comments and recommendations included in recent ACRS reports and letters. *2:45 p.m.-7:30 p.m.: Preparation of ACRS Report* (Open)—The Committee will continue its discussion of a proposed ACRS report on the Stretch Power Uprate Application for Millstone Power Station, Unit 3. Friday, July 11, 2008, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-1 p.m.: Preparation of ACRS Reports* (Open/Closed)—The Committee will continue its discussion of a proposed ACRS report on the Stretch Power Uprate Application for Millstone Power Station, Unit 3. *1 p.m.-1:30 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of Committee activities and matters and specific issues that were not completed during previous meetings, as time and availability of information permit. Procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 26, 2007 (72 FR 54695). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Electronic recordings will be permitted only during the open portions of the meeting. Persons desiring to make oral statements should notify the Cognizant ACRS staff named below five days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Information regarding the time to be set aside for this purpose may be obtained by contacting the Cognizant ACRS staff prior to the meeting. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, as well as the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted therefor can be obtained by contacting Dr. Antonio Dias, Cognizant ACRS staff (301-415-6805), between 7:30 a.m. and 4 p.m. (ET). ACRS meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room at *pdr@nrc.gov* , or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System
(PARS)component of NRC's document system (ADAMS), which is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* or *http://www.nrc.gov/reading-rm/doc-collections/ACRS/.* Video teleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service for observing ACRS meetings should contact Mr. Theron Brown, ACRS Audio Visual Technician (301-415-8066), between 7:30 a.m. and 3:45 p.m. (ET), at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the video teleconferencing link. The availability of video teleconferencing services is not guaranteed. Dated: June 16, 2008. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E8-14000 Filed 6-19-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Subcommittee Meeting on Planning and Procedures; Notice of Meeting The ACRS Subcommittee on Planning and Procedures will hold a meeting on July 8, 2008, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b(c)(2) and
(6)to discuss organizational and personnel matters that relate solely to the internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: Tuesday, July 8, 2008, 8 a.m. until 9 a.m. The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Officer, Mr. Sam Duraiswamy (telephone: 301-415-7364) between 7:30 a.m. and 4 p.m.
(ET)five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on September 26, 2007 (72 FR 54695). Further information regarding this meeting can be obtained by contacting the Designated Federal Officer between 7:30 a.m. and 4 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes in the agenda. Dated: June 12, 2008. Cayetano Santos, Chief, Reactor Safety Branch A. [FR Doc. E8-13982 Filed 6-19-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Generalized System of Preferences (GSP): Initiation of a Review To Consider the Designation of the Socialist Republic of Vietnam as a Beneficiary Developing Country Under the GSP AGENCY: Office of the United States Trade Representative. ACTION: Notice and solicitation of public comment. SUMMARY: This notice announces the initiation of a review to consider designating the Socialist Republic of Vietnam as a beneficiary developing country
(BDC)for purposes of the GSP program, and solicits public comments on whether Vietnam meets certain eligibility criteria for designation as a BDC. Comments are due by Monday, August 4, 2008, and must be submitted in accordance with the requirements set out below. ADDRESSES: Submit comments by electronic mail (e-mail) to: *FR0711@USTR.EOP.GOV.* (Note: the digit before the number in the e-mail address is the number zero, not a letter.) FOR FURTHER INFORMATION CONTACT: For assistance, contact Regina Teeter, USTR's GSP Office at 202-395-6971. SUPPLEMENTARY INFORMATION: The GSP Subcommittee of the Trade Policy Staff Committee
(TPSC)has initiated a review in order to make a recommendation to the President as to whether Vietnam meets the eligibility criteria of the GSP statute. After considering the recommendation, the President is authorized to, and may, designate Vietnam as a BDC for purposes of the GSP program. Interested persons are invited to submit comments on whether Vietnam meets the eligibility criteria set forth below and in section 502(c) of the Trade Act of 1974, as amended (19 U.S.C. 2462(c)) (the “Act”). Eligibility Criteria The trade benefits of the GSP program are available to any country that the President designates as a BDC for purposes of the GSP program. In designating countries as BDCs, the President must consider among other factors, the criteria in section 502(c) of the Act. Section 502(c) provides that, in determining whether to designate any country as a GSP BDC, the President shall take into account: 1. An expression by such country of its desire to be so designated; 2. The level of economic development of such country, including its per capita gross national product, the living standards of its inhabitants, and any other economic factors which the President deems appropriate; 3. Whether or not other major developed countries are extending generalized preferential tariff treatment to such country; 4. The extent to which such country has assured the United States that it will provide equitable and reasonable access to the markets and basic commodity resources of such country and the extent to which such country has assured the United States that it will refrain from engaging in unreasonable export practices; 5. The extent to which such country is providing adequate and effective protection of intellectual property rights; 6. The extent to which such country has taken action to—
(a)Reduce trade distorting investment practices and policies (including export performance requirements); and
(b)Reduce or eliminate barriers to trade in services; and 7. Whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights. The term “internationally recognized worker rights” is defined in section 507(4) of the Act, as amended, (19 U.S.C. 2467), to mean:
(A)The right of association;
(B)the right to organize and bargain collectively;
(C)a prohibition on the use of any form of forced or compulsory labor;
(D)a minimum age for the employment of children and a prohibition on the worst forms of child labor as defined in section 507(6) of the Act; and
(E)acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. Requirements for Submissions Comments must be submitted, in English, to the Chairman of the GSP Subcommittee of the Trade Policy Staff Committee
(TPSC)as soon as possible, but not later than 5:00 p.m., August 4, 2008. In order to facilitate prompt processing of submissions, USTR strongly recommends that comments be set out in digital files attached to e-mails transmitted to the following address: *FR0711@ustr.eop.gov* (Note: The digit before the number in the e-mail address is the number zero, not a letter). If you are unable to provide comments by e-mail, please contact Regina Teeter, USTR's GSP Office at
(202)395-6971 to arrange for an alternative method of transmission. Comments should be provided in a single copy and must not exceed 30 single-spaced standard letter-size pages in 12-point type or a digital file size of three megabytes. E-mails should include the following subject line: “Designation of the Socialist Republic of Vietnam as a GSP Beneficiary Country.” The transmittal message or cover letter accompanying a submission must be set out exclusively in the digital file attached to the e-mail transmission—not in the message portion of e-mail—and must include the sender's name, organization name, address, telephone number and e-mail address. Digital files must be submitted in one of the following formats: WordPerfect (.WPD), Adobe (.PDF), MSWord (.DOC), or text (.TXT) files. Comments may not be submitted as electronic image files or contain embedded images, e.g., “.JPG”, “.TIF”, “.BMP”, or “.GIF”. Spreadsheet data may be submitted as Excel files, formatted for printing on 8 1/2 × 11 inch paper. To the extent possible, any data accompanying the submission should be set out in the same file as the submission itself, and not in a separate file. If a submission contains business confidential information that the submitter wishes to protect from public disclosure, the confidential submission must be marked “BUSINESS CONFIDENTIAL” at the top and bottom of each page. In addition, the submission must be accompanied by a non-confidential version that indicates, with asterisks, where confidential information was redacted or deleted. The top and bottom of each page of the non-confidential version must be marked either “PUBLIC VERSION” or “NON-CONFIDENTIAL”. Business confidential comments that are submitted without the required markings or that are not accompanied by a properly marked non-confidential version as set forth above may not be accepted or may be treated as public documents. The digital file name assigned to any business confidential version of a submission should begin with the characters “BC-”, and the file name of the public version should begin with the characters “P-”. The “P-” or “BC-” should be followed by the name of the person (government, company, union, association, etc.) making the submission. Public versions of all documents relating to this review will be available for review approximately two weeks after the relevant due date by appointment in the USTR public reading room, 1724 F Street, NW., Washington, DC. Appointments may be made from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday, by calling
(202)395-6186. Meredith Broadbent, Assistant U.S. Trade Representative for Industry, Market Access and Telecommunications. [FR Doc. E8-14017 Filed 6-19-08; 8:45 am] BILLING CODE 3190-W8-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57962; File No. SR-NASDAQ-2008-039] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Granting Approval of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating to the Listing and Trading of Managed Fund Shares June 13, 2008. I. Introduction On April 30, 2008, The NASDAQ Stock Market LLC (“Nasdaq” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change seeking 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 such Managed Fund Shares. On May 7, 2008, the Exchange filed Amendment No. 1 to the proposed rule change. The proposed rule change, as amended, was published for comment in the **Federal Register** on May 14, 2008. 3 The Commission received no comments regarding the proposal. This order approves the proposed rule change, as modified by Amendment No. 1. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 57800 (May 8, 2008), 73 FR 27874 (“Notice”). II. Description of the Proposal 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. 4 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. 4 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. 5 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. 5 *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. 6 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. 6 The Exchange represented 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 represented 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 noted 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). 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; 7 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. 7 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.” 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 a.m. until 8 p.m. Eastern Time. 8 8 *See supra* note 5. 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. 9 The Exchange may also obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliate members of ISG. 9 The Exchange stated 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; 10
(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. 10 The Exchange further noted that:
(1)*Investors* purchasing Managed Fund Shares directly from a Fund will receive a prospectus; and
(2)members purchasing Managed Fund Shares from a Fund for resale to investors will deliver a prospectus to such investors. Additional discussion regarding the key features of Managed Fund Shares, including the registration requirement under the 1940 Act, exemptive relief from certain requirements under the 1940 Act, intraday trading, creations and redemptions, the Disclosed Portfolio, and the Intraday Indicative Value can be found in the Notice. 11 11 *See* Notice, *supra* note 3. III. Discussion After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 12 In particular, the Commission believes that the proposal is consistent with Section 6(b)(5) of the Act, 13 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and in general, to protect investors and the public interest. The Commission notes that it has previously approved substantively identical listing standards for Managed Fund Shares for other national securities exchanges. 14 12 In approving this proposed rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 13 15 U.S.C. 78f(b)(5). 14 *See* Securities Exchange Act Release Nos. 57514 (March 17, 2008), 73 FR 15230 (March 21, 2008) (SR-Amex-2008-02) (approving, among other things, listing standards for Managed Fund Shares); and 57619 (April 4, 2008), 73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25) (approving, among other things, listing standards for Managed Fund Shares). The Commission finds that Nasdaq's proposal contains adequate rules and procedures to govern the listing and trading of Managed Fund Shares on the Exchange. 15 Prior to listing and/or trading on the Exchange, Nasdaq must file a separate proposed rule change pursuant to Section 19(b) of the Act for each series of Managed Fund Shares. All such securities listed and/or traded under proposed Nasdaq Rule 4420(o) will be subject to the full panoply of Nasdaq rules and procedures that currently govern the trading of equity securities on the Exchange. For the initial listing of each series of Managed Fund Shares under proposed Nasdaq Rule 4420(o), the Exchange must establish a minimum number of Managed Fund Shares required to be outstanding at the commencement of trading. In addition, the Exchange must obtain a representation from the issuer of Managed Fund Shares 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. 15 The Commission believes that the proposed rules and procedures are adequate with respect to the Managed Fund 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. securities, rules relating to comprehensive surveillance sharing agreements and quantitative initial and continued listing standards may be required. The Commission believes that the proposed continued listing and trading standards under proposed Nasdaq Rule 4420(o)(4)(B) are adequate to ensure transparency of key values and information regarding the securities. For continued listing of each series of Managed Fund Shares, the Intraday Indicative Value 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 the Exchange. Further, the Disclosed Portfolio must be disseminated at least once daily and made available to all market participants at the same time. The Commission finds that the Exchange's rules with respect to trading halts under proposed Nasdaq Rule 4120(a)(9), proposed Nasdaq Rule 4120(b)(4)(A), and proposed Nasdaq Rule 4420(o)(4)(B)(iv) should help ensure the availability of key values and information relating to Managed Fund Shares. If the Intraday Indicative Value is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the Intraday Indicative Value occurs. If the interruption of such value persists past the trading day in which it occurred, the Exchange must halt trading no later than the beginning of the trading day following the interruption. 16 In addition, if the Exchange becomes aware that the NAV or Disclosed Portfolio related to a series of Managed Fund Shares is not being disseminated to all market participants at the same time, the Exchange will halt trading in such series of Managed Fund Shares. 17 Finally, 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. 16 Under proposed Nasdaq Rule 4420(o)(4)(B)(iv), if a series of Managed Fund Shares is trading on the Exchange pursuant to unlisted trading privileges, the Exchange will halt trading in that series, as specified in Nasdaq Rules 4120, as proposed to be amended, and 4121. *See* Nasdaq Rules 4120 and 4121 (setting forth rules regarding trading halts for certain derivative securities products). 17 The Exchange may resume trading in such series of Managed Fund Shares only when the NAV or Disclosed Portfolio is disseminated to all market participants. *See* proposed Nasdaq Rule 4420(o)(4)(B)(iv). The Exchange may also consider the suspension of trading in, or removal from listing of, a series of Managed Fund Shares if:
(1)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 the Managed Fund Shares for 30 or more consecutive trading days;
(2)the value of the Portfolio Indicative Value is no longer calculated or available, or the Disclosed Portfolio is not made available to all market participants at the same time;
(3)the Investment Company issuing the Managed Fund Shares has failed to file any required filings with the Commission, or if the Exchange becomes 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)such other event shall occur or condition exists which, in the opinion of the Exchange, makes further dealings of the Managed Fund Shares on the Exchange inadvisable. The Commission believes that the requirements of proposed Nasdaq Rule 4420(o) should help to prevent trading when a reasonable degree of transparency cannot be assured and to maintain a fair and orderly market for Managed Fund Shares. The Commission also believes that the proposed listing and trading rules for Managed Fund Shares, many of which track existing Exchange rules relating to exchange-traded funds, are reasonably designed to promote a fair and orderly market for such Managed Fund Shares. Specifically, proposed Nasdaq Rule 4420(o)(7) requires that:
(1)If the investment adviser of the Investment Company 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; and
(2)personnel who make decisions on the Investment Company's portfolio composition must be subject to procedures designed to prevent the use and dissemination of material non-public information regarding the Investment Company's portfolio. 18 In addition, proposed Nasdaq Rule 4420(o)(4)(B)(ii)(b) 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. The proposed rules also require surveillance procedures, 19 establish trading guidelines, 20 and impose other requirements. 21 18 *See supra* note 6. 19 *See* proposed Nasdaq Rule 4420(o)(2)(D) (providing that the Exchange will implement written surveillance procedures for Managed Fund Shares). 20 *See* proposed Nasdaq Rule 4420(o)(2)(B) and
(C)(providing that transactions in Managed Fund Shares will occur throughout Nasdaq's trading hours and that the minimum price variation for quoting and entry of orders in Managed Fund Shares must be $0.01). *See also supra* note 5. 21 *See e.g.,* proposed Nasdaq Rule 4420(o)(2)(E) (requiring certain statutory prospectuses for an issue of Managed Fund Shares based on an international or global portfolio to make certain specific statements regarding creations and redemptions); proposed Nasdaq Rule 4420(o)(4)(B)(v) (requiring, upon termination of an Investment Company, the Managed Fund Shares issued in connection with such Investment Company to be removed from listing on the Exchange); proposed Nasdaq Rule 4420(o)(4)(B)(vi) (providing that the voting rights will be as set forth in the applicable Investment Company prospectus); and proposed Nasdaq Rule 4420(o)(6) (requiring certain disclosures to be made in the case of a series of Managed Fund Shares that are subject of an order by the Commission exempting such securities from certain prospectus delivery requirements under Section 24(d) of the 1940 Act and are not otherwise subject to prospectus delivery requirements under the Securities Act of 1933). Conforming Changes and Listing Fees Trading in Managed Fund Shares will be halted as provided in Nasdaq Rule 4120(a)(9), as proposed to be amended. In addition, Managed Fund Shares will be included under the term “Derivative Securities Product,” as defined in Nasdaq Rule 4120(b)(4)(A), in connection with trading halts for trading pursuant to UTP on the Exchange. The Commission also notes that Managed Fund Shares will be included in Nasdaq Rules 4540(a) and (b), and, as a result, the Exchange's listing fees will be applicable to a series of Managed Fund Shares. The Commission finds that the conforming changes made to the Exchange's rules, including those governing trading halts and listing fees, are reasonable and promote transparency of the rules to be imposed with respect to a series of Managed Fund Shares listed and traded on the Exchange. IV. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 22 that the proposed rule change (SR-NASDAQ-2008-039), as modified by Amendment No. 1 thereto, be, and it hereby is, approved. 22 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 23 Florence E. Harmon, Acting Secretary. 23 *See* 17 CFR 200.30-3(a)(12). [FR Doc. E8-13914 Filed 6-19-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57965; File No. SR-NASDAQ-2006-060] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Amendment No. 2 and Order Granting Accelerated Approval to Proposed Rule Change, as Modified by Amendment Nos. 1 and 2 Thereto, To Establish Nasdaq Last Sale Data Feeds June 16, 2008. I. Introduction On December 19, 2006, The NASDAQ Stock Market LLC (“Nasdaq” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to create, and impose fees for, the “Nasdaq Last Sale for Nasdaq” and “Nasdaq Last Sale for NYSE/Amex” data feeds (“Nasdaq Last Sale Data Feeds”). The Nasdaq Last Sale Data Feeds would provide real-time last sale information for executions occurring within the Nasdaq Market Center, as well as those reported to the jointly operated FINRA/Nasdaq Trade Reporting Facility (“Nasdaq TRF”). On January 26, 2007, Nasdaq filed Amendment No. 1 to the proposed rule change. The proposed rule change, as modified by Amendment No. 1, was published for comment in the **Federal Register** on February 14, 2007. 3 The Commission received three comment letters on the proposal. 4 On December 13, 2007, Nasdaq responded to the comment letters. 5 On June 10, 2008, Nasdaq filed Amendment No. 2 to the proposed rule change. In Amendment No. 2, Nasdaq proposed to impose fees for the Nasdaq Last Sale Data Feeds only for a four-month pilot period beginning July 1, 2008. 6 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 55255 (February 8, 2007), 72 FR 7100. 4 Letters to Nancy M. Morris, Secretary, Commission, from Christopher Gilkerson and Gregory Babyak, Co-Chairs of the Market Data Subcommittee of the Technology and Regulation Committee, Securities Industry and Financial Markets Association (“SIFMA”), dated March 7, 2007 (“SIFMA Letter”); Chuck Thompson, President, eSignal, Interactive Data Corporation, dated March 8, 2007 (“eSignal Letter”); and letter to Chairman Cox, Commission, from Alan Davidson, Senior Policy Counsel, Google Inc. (“Google”), dated June 12, 2007 (“Google Letter”). 5 Letters to Nancy M. Morris, Secretary, Commission, from Jeffrey S. Davis, Vice President and Deputy General Counsel, Nasdaq, dated December 13, 2007. 6 On June 2, 2008, Nasdaq filed a proposed rule change, designated as eligible for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act, to offer the Nasdaq Last Sale Data Feeds immediately without charge for one month, and thereafter impose fees for an additional five-month pilot period. *See* SR-NASDAQ-2008-050. On June 16, 2008, Nasdaq withdrew SR-NASDAQ-2008-050, except for the provisions permitting Nasdaq to offer the Nasdaq Last Sale Data Feeds at no charge for one month. The Commission is publishing this notice to solicit comments on the proposed rule change as modified by Amendment Nos. 1 and 2 and is simultaneously approving the proposed rule change, as modified by Amendment Nos. 1 and 2, on an accelerated basis. II. Description of the Proposal Nasdaq proposes to create two separate data products containing real-time last sale information for trades executed on Nasdaq or reported to the Nasdaq TRF. 7 First, the Nasdaq Last Sale for Nasdaq data product would be a real-time data feed providing last sale information, including execution price, volume, and time, for Nasdaq securities executions on the Nasdaq system or reported to the Nasdaq TRF. Second, the Nasdaq Last Sale for NYSE/Amex data product would be a real-time data feed providing last sale information, including execution price, volume, and time, for NYSE and Amex securities executions on the Nasdaq system or reported to the Nasdaq TRF. 7 In Amendment No. 2, Nasdaq removed from the proposal Nasdaq Market Velocity and Nasdaq Market Forces services that Nasdaq included in its initial proposal and Amendment No. 1. Nasdaq proposes two different pricing models, one for clients that are able to maintain username/password entitlement systems and/or quote counting mechanisms to account for usage, and a second for those that are not. Firms with the ability to maintain username/password entitlement systems or quote counting mechanisms would be eligible for a specified fee schedule for the Nasdaq Last Sale for Nasdaq product and a separate fee schedule for the Nasdaq Last Sale for NYSE/Amex product. This pricing would be “stair-stepped,” such that the tiered fees would be effective for incremental users in the new tier. For example, a distributor of the Nasdaq Last Sale for Nasdaq product with 20,000 users would pay $0.60 for each of the first 10,000 users and $0.48 for each of the next 10,000 users. Distributors may elect to pay per query for their users if, for example, a substantial portion of their users request a relatively small number of queries each month. Firms would also be permitted to “cap” their payments for individual queries at the corresponding monthly user rate. Firms that are unable to maintain username/password entitlement systems or quote counting mechanisms would also have options for purchasing the Nasdaq Last Sale Data Feeds. These firms could choose between a “Unique Visitor” model for Internet delivery or a “Household” model for Television delivery. Unique Visitor and Household populations would have to be reported monthly and validated by a third party vendor or ratings agency approved by Nasdaq at Nasdaq's sole discretion. This proposed pricing would also be stair-stepped such that the tiered fees would be effective for the incremental users in the new tier. For example, a distributor of Nasdaq Last Sale for Nasdaq product that reports 600,000 Unique Visitors would pay $0.036 for the first 100,000 visitors and $0.03 for the next 500,000 visitors. A Distributor that reports 3,000,000 households reached would pay $0.0096 for each of the first 1,000,000 households and $0.0084 for each of the next 2,000,000 households. In addition, Nasdaq proposes to offer reduced fees for a single distributor of Nasdaq Last Sale Data Feeds via multiple distribution mechanisms. Specifically, Nasdaq would discount the applicable fees for distribution of Nasdaq Last Sale Data Feeds via Television for Distributors that also distribute those products via the Internet and achieve a new pricing tier for Unique Visitors, Users, or Queries. Nasdaq proposes the following tiered discounts for a firm's Television fees based on its number of Unique Visitors, Users, or Queries—10% discount for the second tier, 15% discount for the third tier, and a 20% discount for the fourth tier. In addition, Nasdaq proposes to establish a cap of $100,000 per month for Nasdaq Last Sale for Nasdaq data product and $50,000 per month for Nasdaq Last Sale for NYSE/Amex data product. As with other Nasdaq proprietary products, all distributors of the Nasdaq Last Sale for Nasdaq and/or Nasdaq Last Sale for NYSE/Amex products would pay a single $1500/month Nasdaq Last Sale Distributor Fee in addition to any applicable usage fees. The $1,500 monthly fee would apply to all distributors and would not vary based on whether the data is distributed internally or externally or via both the Internet and Television. III. Commission's Findings and Order Granting Accelerated Approval of Proposed Rule Change The Commission finds that the proposed rule change, to be implemented on a four-month pilot basis, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 8 In particular, it is consistent with Section 6(b)(4) of the Act, 9 which requires that the rules of a national securities exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other parties using its facilities, and Section 6(b)(5) of the Act, 10 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. 8 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). 9 15 U.S.C. 78f(b)(4). 10 15 U.S.C. 78f(b)(5). The Commission also finds that the proposed rule change is consistent with the provisions of Section 6(b)(8) of the Act, 11 which requires that the rules of an exchange not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. Finally, the Commission finds that the proposed rule change is consistent with Rule 603(a) of Regulation NMS, 12 adopted under Section 11A(c)(1) of the Act, which requires an exclusive processor that distributes information with respect to quotations for or transactions in an NMS stock to do so on terms that are fair and reasonable and that are not unreasonably discriminatory. 13 11 15 U.S.C. 78f(b)(8). 12 17 CFR 242.603(a). 13 Nasdaq is an exclusive processor of its last sale data under Section 3(a)(22)(B) of the Act, 15 U.S.C. 78c(a)(22)(B), which defines an exclusive processor as, among other things, an exchange that distributes data on an exclusive basis on its own behalf. The Commission received two comment letters expressing concerns with the proposed rule change, and one comment letter supporting the proposed rule change. Generally, SIFMA and eSignal suggested that Nasdaq did not adequately demonstrate that the proposed rule change was consistent with the Act. 14 SIFMA asserted that Nasdaq had failed to demonstrate that its proposal met the relevant requirements of the Act, including that its market data fees be fair and reasonable and not unreasonably discriminatory. 15 eSignal asserted that Nasdaq's proposal unreasonably discriminated against smaller market data distributors. 16 Google, however, expressed strong support for the proposal and noted its enthusiasm regarding the opportunity to give more of its users access to real-time financial information online. 17 14 *See* SIFMA Letter and eSignal Letter. 15 *See* SIFMA Letter. 16 *See* eSignal Letter. 17 *See* Google Letter. The Commission notes that Nasdaq amended the proposed rule change so that its fees would be imposed only for a four-month pilot period. On June 4, 2008, the Commission published for public comment a draft approval order that sets forth a market-based approach for analyzing proposals by self-regulatory organizations to impose fees for “non-core” market data products that would encompass the Nasdaq Last Sale Data Feeds. 18 The Commission believes that Nasdaq's proposal is consistent with the Act for the reasons noted preliminarily in the Draft Approval Order. Pending review by the Commission of comments received on the Draft Approval Order, and final Commission action thereon, the Commission believes that approving Nasdaq's proposal on a pilot basis would be beneficial to investors and in the public interest, in that it should result in broad public dissemination of real-time pricing information. Therefore, the Commission is approving Nasdaq's proposed fees for a four-month pilot beginning July 1, 2008. The broader approach ultimately taken by the Commission with respect to non-core market data fees will necessarily guide Commission action regarding fees for the Nasdaq Last Sale Data Feeds beyond the four-month pilot period. 18 *See* Securities Exchange Act Release No. 57917 (June 4, 2008), 73 FR 32751 (June 10, 2008) (Notice of Proposed Order Approving Proposal by NYSE Arca, Inc. to Establish Fees for Certain Market Data and Request for Comment) (“Draft Approval Order”). The Commission finds good cause for approving the proposed rule change, as modified by Amendment Nos. 1 and 2 thereto, before the thirtieth day after the date of publication of notice of filing thereof in the **Federal Register** . As noted above, accelerating approval of this proposal should benefit investors by facilitating their prompt access to widespread, free, real-time pricing information contained in the Nasdaq Last Sale Data Feeds. In addition, the Commission notes that the proposal is approved only on a four-month pilot period while the Commission analyzes comments on the Draft Approval Order. Therefore, the Commission finds good cause, consistent with Section 19(b)(2) of the Act, to approve the proposed rule change, as modified by Amendment Nos. 1 and 2, on an accelerated basis. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning Amendment No. 2, including whether Amendment No. 2 is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-NASDAQ-2006-060 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASDAQ-2006-060. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2006-060 and should be submitted on or before July 11, 2008. V. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 19 that the proposed rule change (SR-NASDAQ-2006-060), as modified by Amendment Nos. 1 and 2, be, and it hereby is, approved on an accelerated basis until October 31, 2008. 19 15 U.S.C. 78s(b)(2). By the Commission. Florence E. Harmon, Acting Secretary. [FR Doc. E8-13955 Filed 6-19-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57964; File No. SR-NASD-2006-005] Self-Regulatory Organizations; National Association of Securities Dealers, Inc. (n/k/a Financial Industry Regulatory Authority, Inc.); Order Approving Proposed Rule Change and Amendment No. 1 Thereto To Expand the Scope of NASD Rule 2440 and Interpretive Material 2440-1 Relating to Fair Prices and Commissions To Apply to All Securities Transactions June 13, 2008. I. Introduction On January 19, 2006, the National Association of Securities Dealers, Inc. (“NASD”) (n/k/a Financial Industry Regulatory Authority, Inc. (“FINRA”)) 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 expand the coverage of NASD Rule 2440 and Interpretive Material (“IM”) 2440 relating to fair prices and commissions, to all securities transactions that involve members and their customers. 3 The proposed rule change was published for comment in the **Federal Register** on April 4, 2006. 4 The Commission received two comment letters regarding the proposal. 5 NASD responded to the comment letters on October 2, 2006. 6 On May 30, 2008, FINRA filed Amendment No. 1 to the proposed rule change. 7 This order approves the proposed rule change, as modified by Amendment No. 1. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 IM-2440-1, which was designated as IM-2440 at the time of this filing, was proposed to be re-numbered in SR-NASD-2003-141, which was filed before this proposal was filed and approved while this proposal was pending. *See* Securities Exchange Act Release No. 55638 (April 16, 2007), 72 FR 20150 (April 23, 2007) (SR-NASD-2003-141). 4 *See* Securities Exchange Act Release No. 53562 (March 29, 2006), 71 FR 16849. 5 *See* submission via SEC WebForm from Dan Mayfield, President, Sanderlin Securities, dated April 6, 2006 (“First Commenter”); letter from Mary C.M. Kuan, Vice President and Assistant General Counsel, The Bond Market Association, to Nancy M. Morris, Secretary, Commission, dated May 4, 2006 (“Second Commenter”). 6 *See* letter from Stephanie M. Dumont, Vice President and Associate General Counsel, NASD, to Nancy M. Morris, Secretary, Commission, dated October 2, 2006 (“NASD letter”). 7 In Amendment No. 1, FINRA clarified that the proposed rule change will regulate the charges imposed by members on customers for trades that are executed on an exchange, and not the execution prices that are obtained on the exchange. Because the Amendment is technical in nature, it is not subject to notice and comment. II. Description of the Proposed Rule Change FINRA proposes to amend NASD Rule 2440, which requires that a member charge fair commissions and service charges, and buy or sell securities at fair prices, in over-the-counter (“OTC”) securities transactions with a customer. FINRA also proposes to amend IM-2440-1, which provides further guidance on the commissions and prices that a member may charge a customer in an OTC transaction. Specifically, FINRA proposes to expand the scope of Rule 2440 and IM-2440-1 to include all securities transactions involving members and their customers, including transactions between members and their customers that are executed on an exchange. 8 8 The proposed amendments would only apply to transactions between members and their customers, and not to transactions among members. Rule 2440 and IM-2440-1 do not currently apply to municipal securities or exempt securities. This would be unchanged by the proposal. III. Summary of Comments The Commission received two comment letters in response to the proposed rule change. 9 One commenter, using the example of a municipal bond that had not sold in several years, stated that the proposed rule was problematic for the same reason that the existing rule was problematic; specifically, that a mark-up, especially in a highly illiquid market, may have little relation to fair pricing. 10 9 *Supra* note 5. 10 First Commenter at 1. The main concern the other commenter raised was which self-regulatory organization had jurisdiction over the pricing of an exchange transaction. 11 The commenter stated that NASD did not explain how Rule 2440 would be applied to exchange transactions. 12 The commenter questioned whether, under the proposal, NASD and the exchanges would have overlapping authority over exchange transactions, 13 as well as whether NASD had authority under Section 15A of the Act to regulate exchange transactions. 14 The commenter noted that the proposal would result in increased surveillance by NASD of exchange transactions, which NASD could use to justify increasing its regulatory fees for broker-dealers. 15 Finally, the commenter said that, in the event the Commission approves the proposal, it should require NASD to enter into Rule 17d-2 agreements with the various exchanges to minimize regulatory duplication. 16 11 Second Commenter at 1. 12 *Id.* at 4. 13 *Id.* at 3. 14 *Id.* 15 *Id.* 16 *Id.* at 4. In response to the comment letters, NASD said that the First Commenter's submission was not relevant to the proposed rule change, and that the Second Commenter only raised procedural, not substantive, issues. 17 According to NASD, the First Commenter's submission was not germane to the proposed rule change, as it dealt with municipal securities. 18 NASD stated that Rule 2440 and IM-2440-1 do not currently apply to municipal securities, and will not apply to municipal securities under the proposed rule change. 19 17 NASD letter at 1, 4. 18 *Id.* at 1-2. 19 *Id.* at 2. In response to the Second Commenter, NASD said that its regulatory jurisdiction is not limited to OTC trading, but encompasses members' conduct on all markets with respect to customer transactions. 20 As such, the application of Rule 2440 and IM-2440-1 should not vary according to where the order is ultimately executed. 21 According to NASD, the proposal will not create duplicative regulation, as it was not aware of another SRO that had established similar rules relating to a member's pricing of transactions with a customer. 22 NASD stated that a Rule 17d-2 agreement was thus inapplicable in this context. 23 Even if another SRO maintained similar rules relating to the pricing of customer transactions, however, NASD said that some regulatory overlap is inevitable, given the existence of multiple SROs. 24 NASD also asserted that it did not intend to change its current formula for calculating regulatory fees for members, and that the proposal would not extend to non-members. 25 20 *Id.* at 3. 21 *Id.* 22 *Id.* 23 *Id.* at 4. 24 *Id.* at 3-4. 25 *Id.* at 4. IV. Discussion and Commission Findings The Commission has carefully reviewed the proposed rule change, the comment letters, and NASD's response to the comment letters, and finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities association 26 and, in particular, Section 15A(b)(6) of the Act, 27 which requires, among other things, that FINRA rules 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. The Commission believes that the response to comments addressed the concerns the commenters raised. In addition, in Amendment No. 1, FINRA stated that the proposed rule change will apply to charges imposed by members on customers for trades that are executed on an exchange, and not to the execution prices that are obtained on the exchange. 26 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 27 15 U.S.C. 78o-3(b)(6). The proposed rule change extends broker-dealer fair pricing obligations to all securities transactions between members and their customers, except for those transactions involving municipal and exempt securities. By extending the requirement to charge fair commissions and mark-ups to customers in connection with exchange transactions, in addition to OTC transactions, the proposed rule change should enhance investor protection. *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SR-NASD-2006-005), as modified by Amendment No. 1 be, and it hereby is, approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 28 Florence E. Harmon, Acting Secretary. 28 17 CFR 200.30-3(a)(12). [FR Doc. E8-13945 Filed 6-19-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57966; File No. SR-NYSE-2007-04] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated Approval to Proposed Rule Change, as Modified by Amendment Nos. 1 and 2 Thereto, Relating to Approval of Fee for NYSE Real-Time Reference Prices June 16, 2008. I. Introduction On January 12, 2007, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission” or “SEC”), 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 establish a flat monthly fee for the receipt and use of real-time last sale prices of transactions that take place on the Exchange (“Last Sale Proposal”). The proposal was published for comment in the **Federal Register** on March 5, 2007. 3 On March 30, 2007, NYSE filed Amendment No. 1 to the Last Sale Proposal. 4 The Commission received six comment letters regarding the proposal. 5 On November 30, 2007, NYSE responded to the comment letters. 6 On June 11, 2008, NYSE filed Amendment No. 2 to the Last Sale Proposal. In Amendment No. 2, NYSE proposed to impose fees for the Last Sale Proposal only for a four-month pilot period beginning July 1, 2008. 7 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 55354 (February 26, 2007), 72 FR 9817 (“Notice”). 4 In Amendment No. 1, the Exchange submitted a copy of the Exhibit C that the Exchange described in the Notice. As described below, the contractual terms of this Exhibit C would govern how vendors receive and redistribute the NYSE last sale market data. 5 *See* letters from Alan Davidson, Senior Policy Counsel, Google Inc., to the Honorable Christopher Cox, Chairman, SEC, dated June 12, 2007 (“Google Letter”); Chuck Thompson, President, eSignal, to Nancy M. Morris, Secretary, SEC, dated March 27, 2007 (“eSignal Letter”); Gregory Babyak and Christopher Gilkerson, Co-Chairs of the Market Data Subcommittee of the Technology and Regulation Committee, the Securities Industry and Financial Markets Association (“SIFMA”), to Nancy M. Morris, Secretary, SEC, dated March 26, 2007 (“SIFMA Letter”); Scott Drake, Vice President, Digital Products, CNBC, to Nancy M. Morris, Secretary, SEC, dated February 16, 2007 (“CNBC Letter”); David Keith, Vice President, The Globe and Mail, to the Honorable Christopher Cox, Chairman, SEC, dated January 17, 2007 (“Globe and Mail Letter”); and Clem Chambers, CEO, ADVFN, to Nancy Morris, Secretary, SEC, dated January 16, 2007 (“ADVFN Letter”). 6 *See* letter from Mary Yeager, Assistant Secretary, NYSE, to Nancy M. Morris, Secretary, SEC, dated November 30, 2007. 7 In Amendment No. 2, the Exchange removed language regarding syndication of the NYSE RTRP and stated that the Exchange may provide NYSE RTRP without charge upon Commission approval prior to July 1, 2008. The Commission is publishing this notice to solicit comments on the proposed rule change as modified by Amendment Nos. 1 and 2 and is simultaneously approving the proposed rule change, as modified by Amendment Nos. 1 and 2, on an accelerated basis. II. Description of the Last Sale Proposal The Exchange proposes to establish a four-month pilot program beginning on July 1, 2008, called NYSE Real-Time Reference Prices (“NYSE RTRP”) 8 that would allow vendors to receive and redistribute, on a real-time basis, last sale prices of transactions that take place on the Exchange (“NYSE Trade Prices”) and to establish a flat monthly fee for this service. The NYSE RTRP would only include pricing information for the securities transactions. The Exchange intends to make the NYSE RTRP available to internet service providers, traditional market data vendors, and others (“NYSE-Only Vendors”). The Exchange has represented that it would not permit any NYSE-Only Vendor to provide NYSE Trade Prices in a context in which a trading or order-routing decision can be implemented unless the NYSE-Only Vendor also provides consolidated displays of Network A last sale prices in accordance with Rule 603(c)(1) of Regulation NMS. 8 In Amendment No. 2, the Exchange also changed the name of the service from NYSE Real-Time Trade Prices to NYSE Real-Time Reference Prices. The Exchange proposes to establish a flat monthly fee of $100,000 for NYSE-Only Vendors to receive access to the NYSE RTRP data feed. The NYSE-Only Vendor may use that access to provide unlimited NYSE Trade Prices to an unlimited number of the NYSE-Only Vendor's subscribers and customers. The Exchange will not impose any device or end-user fee for the NYSE-Only Vendors' distribution of NYSE Trade Prices. The Exchange would also require the NYSE-Only Vendor to identify the NYSE trade price by placing the text “NYSE Data” in close proximity to the display of each NYSE Trade Price or series of NYSE Trade Prices. The Exchange proposes to allow NYSE-Only Vendors to provide NYSE Trade Prices to their subscribers and customers without requiring the end-users to enter into contracts for the benefit of the Exchange. Instead, the Exchange will require NYSE-Only Vendors to provide a readily visible hyperlink that will send the end-user to a warning notice about the end-user's receipt and use of market data. The Exchange also proposes to use the existing CTA and CQ Plan vendor contracts (“Network A Vendor Form”) to govern the distribution of the NYSE Trade Prices to the NYSE-Only Vendors. The Exchange proposes supplementing the Network A Vendor Form with an Exhibit C that would include terms that will govern such things as
(i)the restriction against providing the service in the context of a trading or order-routing service,
(ii)the replacement of end-user agreements with a hyperlink to a notice,
(iii)the substance of the notice, and
(iv)the “NYSE Data” labeling requirement. In addition, Exhibit C will specify that the NYSE-Only Vendor's authorization to provide the service will terminate at the expiration date of the pilot program unless the Exchange submits a proposed rule change to extend the program or to make it permanent and the Commission approves that proposed rule change. Lastly, Exhibit C would require NYSE-Only Vendors to share with the Exchange any research they may conduct regarding the pilot program or the results of their experience with the program and to consult with the Exchange regarding their views of NYSE RTRP. III. Discussion The Commission finds that the proposed rule change, to be implemented on a four-month pilot basis, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 9 In particular, it is consistent with Section 6(b)(4) of the Act, 10 which requires that the rules of a national securities exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other parties using its facilities, and Section 6(b)(5) of the Act, 11 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. 9 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). 10 15 U.S.C. 78f(b)(4). 11 15 U.S.C. 78f(b)(5). The Commission also finds that the proposed rule change is consistent with the provisions of Section 6(b)(8) of the Act, 12 which requires that the rules of an exchange not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. Finally, the Commission finds that the proposed rule change is consistent with Rule 603(a) of Regulation NMS, 13 adopted under Section 11A(c)(1) of the Act, which requires an exclusive processor that distributes information with respect to quotations for or transactions in an NMS stock to do so on terms that are fair and reasonable and that are not unreasonably discriminatory. 14 12 15 U.S.C. 78f(b)(8). 13 17 CFR 242.603(a). 14 NYSE is an exclusive processor of its last sale data under Section 3(a)(22)(B) of the Act, 15 U.S.C. 78c(a)(22)(B), which defines an exclusive processor as, among other things, an exchange that distributes data on an exclusive basis on its own behalf. The Commission received four comment letters expressing concern over the proposed rule change and two comment letters supporting the proposed rule change. Generally, SIFMA, Globe and Mail, eSignal, and ADVFN each suggested that NYSE did not adequately demonstrate that the proposed rule change was consistent with the Act. 15 SIFMA asserted that NYSE had failed to demonstrate that its proposal met the relevant requirements of the Act, including that its market data fees be fair and reasonable and not unreasonably discriminatory. 16 SIFMA, Globe and Mail, eSignal, and ADVFN each asserted that the NYSE proposal would unreasonably discriminate against smaller market data distributors. 17 Google and CNBC, however, expressed strong support for the proposal and noted their enthusiasm regarding the opportunity to give more of their users access to real-time financial information online. 18 15 *See* SIFMA Letter, Globe and Mail Letter, eSignal Letter and ADVFN Letter. 16 *See* SIFMA Letter. 17 *See* SIFMA Letter, Globe and Mail Letter, eSignal Letter and ADVFN Letter. 18 *See* Google Letter and CNBC Letter. The Commission notes that NYSE amended the proposed rule change so that its fees would be imposed only for a four-month pilot period. On June 4, 2008, the Commission published for public comment a draft approval order that sets forth a market-based approach for analyzing proposals by self-regulatory organizations to impose fees for “non-core” market data products that would encompass the NYSE RTRP. 19 The Commission believes that NYSE's proposal is consistent with the Act for the reasons noted preliminarily in the Draft Approval Order. Pending review by the Commission of comments received on the Draft Approval Order, and final Commission action thereon, the Commission believes that approving NYSE's proposal on a pilot basis would be beneficial to investors and in the public interest, in that it should result in broad public dissemination of real-time pricing information. Therefore, the Commission is approving NYSE's proposed fees for a four-month pilot beginning July 1, 2008. The broader approach ultimately taken by the Commission with respect to non-core market data fees will necessarily guide Commission action regarding fees for the NYSE RTRP beyond the four-month pilot period. 19 *See* Securities Exchange Act Release No. 57917 (June 4, 2008), 73 FR 32751 (June 10, 2008) (Notice of Proposed Order Approving Proposal by NYSE Arca, Inc. to Establish Fees for Certain Market Data and Request for Comment) (“Draft Approval Order”). The Commission finds good cause for approving the proposed rule change, as modified by Amendment Nos. 1 and 2 thereto, before the thirtieth day after the date of publication of notice of filing thereof in the **Federal Register** . As noted above, accelerating approval of this proposal should benefit investors by facilitating their prompt access to widespread, free, real-time pricing information contained in the NYSE Trade Prices. In addition, the Commission notes that the proposal is approved only on a four-month pilot period while the Commission analyzes comments on the Draft Approval Order. Therefore, the Commission finds good cause, consistent with Section 19(b)(2) of the Act, 20 to approve the proposed rule change, as modified by Amendment Nos. 1 and 2, on an accelerated basis. 20 15 U.S.C. 78s(b)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning Amendment Nos. 1 and 2 to the Last Sale Proposal, including whether Amendment Nos. 1 and 2 to the Last Sale Proposal are consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-NYSE-2007-04 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-04. 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 NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-04 and should be submitted on or before July 11, 2008. V. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 21 that the proposed rule change (SR-NYSE-2007-04), as modified by Amendment Nos. 1 and 2, be, and it hereby is, approved on an accelerated basis until October 31, 2008. 21 15 U.S.C. 78s(b)(2). By the Commission. Florence E. Harmon, Acting Secretary. [FR Doc. E8-13956 Filed 6-19-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57958; File No. SR-NYSE Arca-2008-56] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change as Modified by Amendment No. 1 To Amend the Pilot Program for Initial and Continued Listing Standards, To Provide That Currently Traded Issuers Will Be Required To Meet Each of the $5 Closing Price Requirement and the $150 Million Market Value of Listed Securities Requirement on the Basis of a 90 Trading Day Average of the Closing Price of the Company's Common Stock Prior To Applying for Listing June 12, 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 May 28, 2008, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On June 5, 2008, the Exchange filed Amendment No. 1. The Commission is publishing this notice and order to solicit comments on the proposal, as modified by Amendment No. 1, 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 NYSE Arca, through its wholly-owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities”), proposes to amend the initial listing standard for common stock set forth in NYSE Arca Equities Rule 5.2(c) to provide that currently traded issuers will be required to meet each of the $5 closing price requirement and the $150 million market value of listed securities requirement on the basis of a 90 trading day average of the closing price of the company's stock prior to applying for listing. In addition, a company will not qualify for listing unless
(i)the closing price of its common stock is at least $1 in each day of the 90 trading day period and
(ii)the company's closing price exceeds $5 and its market value exceeds $150 market value at the time it applies for listing. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The NYSE Arca Equities initial listing standards for equity securities are approved on a pilot basis (“Pilot Program”). 3 Under the Pilot Program, Rule 5.2(c) requires that issuers wishing to list their common stock must have a $5 stock price and a market value of listed securities of $150 million at the time they apply to list. In the case of issuers whose stock is publicly traded immediately prior to listing on the Exchange, the rule currently requires that the issuer must maintain a closing price for its stock of $5 and a market value of listed securities of $150 million for 90 consecutive trading days prior to applying for listing. The Exchange proposes to amend these requirements as part of the Pilot Program, to provide that such issuers must demonstrate a $5 stock price and $150 million in market value of listed securities on the basis of a 90 trading day average of the closing price of the common stock prior to applying for listing. In addition, a company will not qualify for listing unless
(i)the closing price of its common stock is at least $1 in each day of the 90 trading day period and
(ii)the company's closing price exceeds $5 and its market value exceeds $150 market value at the time it applies for listing. 3 Rule 5.2(c) exists in its current form pursuant to a Pilot Program. The Commission initially approved the Pilot Program for six months, until May 29, 2007. *See* Securities Exchange Act Release No. 54796 (November 20, 2006), 71 FR 69166 (November 29, 2006) (SR-NYSEArca-2006-85). The Pilot Program was subsequently extended for an additional six months, until November 30, 2007. *See* Securities Exchange Act Release No. 55838 (May 31, 2007), 72 FR 31642 (June 7, 2007) (SR-NYSEArca-2007-51). The Pilot Program was extended for an additional six months, until May 31, 2008. *See* Securities Exchange Act Release No. 56885 (December 3, 2007), 72 FR 69272 (December 7, 2007) (SR-NYSEArca-2007-123). The Pilot Program was most recently extended for an additional six months, until November 30, 2008. *See* Securities Exchange Act Release No. 57922 (June 4, 2008), 73 FR 33137 (June 11, 2008) (SR-NYSEArca-2008-55). This filing is being submitted as an amendment to the Pilot Program. While this proposed amendment to the Pilot Program will allow an issuer to qualify for listing even though the closing price of its stock may be less than $5 or the market value of its listed securities may be less than $150 million for some days in the 90 trading day period, any such shortfalls will have to be offset by periods when the closing stock price exceeds $5 or the market value of listed securities exceeds $150 million by enough to enable the issuer to maintain the necessary average. As such, the Exchange believes that the amended methodology will continue to require companies to display on a sustained basis that they are of the appropriate size for listing on the Exchange. 4 4 The Exchange notes that Nasdaq Global Market Standard 3 requires issuers whose stock is publicly traded immediately prior to listing to maintain a closing stock price of $5 and a market value of listed securities of $75 million for 90 consecutive trading days prior to applying for listing. While the proposed amendment may enable the Exchange to list issuers from time to time that would not meet its $5 closing stock price or market value requirements for 90 consecutive days, the Exchange notes that its market value of listed securities requirement is twice that of the comparable Nasdaq standard and that the Exchange requires a public float of $45 million, while the comparable Nasdaq standard requires a public float of only $20 million. As such, the Exchange believes that its standard as amended is still substantially more stringent than Nasdaq Global Market Standard 3. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act, 5 in general, and furthers the objectives of Section 6(b)(5) of the Act, 6 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments, and to perfect the mechanism of, a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed amendment specifically seeks to remove impediments to and perfect the mechanisms of a free and open market by allowing NYSE Arca to compete with Nasdaq for listings of companies that may not currently be qualified to list on NYSE Arca, but would be qualified to list on the Nasdaq Global Market. 5 15 U.S.C. 78f. 6 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the self-regulatory organization consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2008-56 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2008-56. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2008-56 and should be submitted on or before July 11, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 7 Florence E. Harmon, Acting Secretary. 7 17 CFR 200.30-3(a)(12). [FR Doc. E8-13944 Filed 6-19-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57975; File No. SR-NYSEArca-2008-62] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Listing and Trading of Shares of the First Trust ISE Global Wind Energy Index Fund June 17, 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 June 9, 2008, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. NYSE Arca filed the proposed rule change as a “non-controversial” proposal pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NYSE Arca proposes to list and trade shares (“Shares”) of the First Trust ISE Global Wind Energy Index Fund (“Fund”). The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to list and trade the Shares of the Fund under NYSE Arca Equities Rule 5.2(j)(3), the Exchange's listing standards for Investment Company Units (“ICUs”). 5 The Fund seeks investment results that correspond generally to the price and yield (before the Fund's fees and expenses) of the ISE Global Wind Energy Index (“Index” or “Underlying Index”). The Index is developed and owned by the International Securities Exchange, LLC (“ISE”), in consultation with Standard & Poor's, a division of The McGraw-Hill Companies, Inc., which calculates and maintains the Index. The Index provides a benchmark for investors interested in tracking public companies throughout the world that are active in the wind energy industry based on analysis of the products and services offered by those companies. 5 An Investment Company Unit is a security that represents an interest in a registered investment company that holds securities comprising, or otherwise based on or representing an interest in, an index or portfolio of securities (or holds securities in another registered investment company that holds securities comprising, or otherwise based on or representing an interest in, an index or portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A). The Exchange is submitting this proposed rule change because the Underlying Index for the Fund does not meet all of the “generic” listing requirements of Commentary .01(a)(B) to NYSE Arca Equities Rule 5.2(j)(3) applicable to listing of ICUs based on international or global indexes. The Underlying Index meets all such requirements except for those set forth in Commentary .01(a)(B)(2). 6 Specifically, for the period December 2007 through May 2008, stocks comprising 86.15% of the Index weight each had a minimum worldwide monthly trading volume during each of the last six months of at least 250,000 shares. 6 Commentary .01(a)(B)(2) to Rule 5.2(j)(3) provides that the component stocks that in the aggregate account for at least 90% of the weight of the index or portfolio each shall have a minimum worldwide monthly trading volume during each of the last six months of at least 250,000 shares. The Exchange represents that:
(1)Except for Commentary .01(a)(B)(2) to NYSE Arca Equities Rule 5.2(j)(3), the Shares of the Fund currently satisfy all of the generic listing standards under NYSE Arca Equities Rule 5.2(j)(3);
(2)the continued listing standards under NYSE Arca Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to ICUs shall apply to the Shares; and
(3)the Trust is required to comply with Commission Rule 10A-3 under the Act 7 for the initial and continued listing of the Shares. In addition, the Exchange represents that the Shares will comply with all other requirements applicable to ICUs including, but not limited to, requirements relating to the dissemination of key information such as the Index value and Intraday Indicative Value, the rules governing the trading of equity securities, trading hours, trading halts, surveillance, and the Information Bulletin to ETP Holders, as set forth in prior Commission orders approving the generic listing rules applicable to the listing and trading of ICUs. 8 7 17 CFR 240.10A-3. 8 *See,* *e.g.* , Securities Exchange Act Release Nos. 55621 (April 12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86) (order approving generic listing standards for ICUs based on international or global indexes); 44551 (July 12, 2001), 66 FR 37716 (July 19, 2001) (SR-PCX-2001-14) (order approving generic listing standards for ICUs and Portfolio Depositary Receipts); and 41983 (October 6, 1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29) (order approving rules for listing and trading of ICUs). Detailed descriptions of the Fund, the Underlying Index, procedures for creating and redeeming Shares, transaction fees and expenses, dividends, distributions, taxes, risks, and reports to be distributed to beneficial owners of the Shares can be found in the Registration Statement 9 or on the Web site for the Fund ( *http://www.ftportfolios.com* ), as applicable. 9 *See* the First Trust Registration Statement on Form N-1A, dated May 23, 2008 (File Nos. 333-143964; 811-21944) (“Registration Statement”). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 10 in general, and furthers the objectives of Section 6(b)(5) of the Act, 11 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 rule change will facilitate the listing and trading of an additional type of exchange-traded product that will enhance competition among market participants, to the benefit of investors and the marketplace. 10 15 U.S.C. 78f(b). 11 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 Because the foregoing proposed rule change:
(1)Does not significantly affect the protection of investors or the public interest;
(2)does not impose any significant burden on competition; and
(3)by its terms does not become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(6) thereunder. 13 12 15 U.S.C. 78(b)(3)(A). 13 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has fulfilled this requirement. A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative for 30 days after the date of filing. However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requests that the Commission waive the 30-day operative delay so that the Exchange can list and trade the Shares immediately. The Exchange states that the proposed rule change does not significantly affect the protection of investors or the public interest and does not impose any significant burden on competition. The Exchange also believes that the proposal is non-controversial because, although the Underlying Index fails to meet the requirements set forth in Commentary .01(a)(B)(2) to NYSE Arca Equities Rule 5.2(j)(3) by a small amount (3.85%), the Shares currently satisfy all of the other applicable generic listing standards under NYSE Arca Equities Rule 5.2(j)(3), and will be subject to all of the continued listing standards under NYSE Arca Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to ICUs. Additionally, the Exchange represents that the Shares will comply with all other requirements applicable to ICUs. 14 14 *See supra* note 8 and accompanying text. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. 15 Given that the Shares comply with all of the NYSE Arca Equities generic listing standards for ICUs (except for narrowly missing the requirement relating to minimum worldwide monthly trading volume of the stocks composing 90% of the Index), the listing and trading of the Shares by NYSE Arca does not appear to present any novel or significant regulatory issues or impose any significant burden on competition. For these reasons, the Commission designates the proposed rule change as operative upon filing. 15 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2008-62 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2008-62. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2008-62 and should be submitted on or before July 11, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 16 Florence E. Harmon, Acting Secretary. 16 17 CFR 200.30-3(a)(12). [FR Doc. E8-13996 Filed 6-19-08; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In the Matter of Certain Companies Quoted on the Pink Sheets: Greenstone Holdings, Inc.; Order of Suspension of Trading June 18, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Greenstone Holdings, Inc. (“Greenstone”). Greenstone is incorporated under the laws of Florida and has its primary headquarters in New York, New York. Questions have arisen regarding the adequacy and accuracy of press releases, financial statements, and statements on the company's Web site concerning the company's current financial condition, business and operations, and stock promoting activity. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in Greenstone's securities. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the above listed company is suspended for the period from 9:30 a.m. EDT on June 18, 2008, through 11:59 p.m. EDT, on July 1, 2008. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. 08-1373 Filed 6-18-08; 10:51 am]
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  • 12 CFR 225
  • Pub. L. 92-463
  • 42 CFR 486.303
  • Pub. L. 110-134
  • 21 CFR 172
  • 42 USC 4321-4347
  • 40 CFR 1500
  • 42 USC 5121-5206
  • 44 CFR 206.33(d)
  • Pub. L. 107-295
  • Pub. L. 109-347
  • 16 USC 668dd-668ee
  • Pub. L. 105-57
  • Pub. L. 104-13
  • 26 USC 2813
  • Pub. L. 105-220
  • 29 CFR 95.23
  • 29 CFR 97.24
  • Pub. L. 105-277
  • Pub. L. 108-447
  • 20 CFR 667.220
  • 29 CFR 2
  • 29 USC 2841
  • 29 USC 2841(d)
  • Pub. L. 107-288
  • 20 CFR 667
  • 29 CFR 95
  • 29 CFR 97
  • 48 CFR 31
  • 29 CFR 30
  • 29 CFR 31
  • 29 CFR 32
  • 29 CFR 33
  • 29 CFR 35
  • 29 CFR 36
  • 29 CFR 37
  • Pub. L. 104-65
  • 29 CFR 90.18(c)
  • 10 CFR 110
  • 10 CFR 2
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U.S.C.§ 217a
U.S.C.§ 273
C.F.R.§ 171.7
U.S.C.§ 274f
Cite12 CFR 225
Pub. L.Pub. L. 92-463
Cite42 CFR 486.303
Cites 90 · showing 12Cited by 0 across 0 sources
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