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

Code · REGISTER · 2007-04-26 · SECURITIES AND EXCHANGE COMMISSION · Notices

Notices. Notice of RTCA Special Committee 215, Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment

10,026 words·~46 min read·/register/2007/04/26/07-2053

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

BILLING CODE 8010-01-M SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55648; File No. SR-Amex-2007-09] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change as Modified by Amendment No. 1 Thereto Relating to the Listing and Trading of Options on Vanguard Emerging Markets ETF April 19, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 19, 2007, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange.
The Exchange submitted Amendment No. 1 to the proposed rule change on March 23, 2007. The Commission is publishing this notice and order to solicit comments on the proposal, as amended, from interested persons and to approve the proposed rule change, as modified by Amendment No. 1, on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to list and trade options (“Fund Options”) on the Vanguard Emerging Markets ETF.
The text of the proposed rule change is available on the Amex's Web site at *http://www.amex.com,* the Office of the Secretary, the Amex and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change. 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 parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this rule change is to obtain approval to list for trading on the Exchange options on the Vanguard Emerging Markets ETF (the “Fund”) (symbol: VWO) on a pilot basis for six
(6)months to commence on the date of approval. Commentary .06 to Amex Rule 915 and Commentary .07 to Amex Rule 916, respectively (the “Listing Standards”) establish the Exchange's initial listing and maintenance standards. The Listing Standards permit the Exchange to list funds structured as open-end investment companies (such as the Fund), unit investment trust (“UITs”) or other similar entities, without having to file for approval with the Commission to list for trading options on such funds. 3 The Exchange submits that the Fund meets substantially all of the Listing Standard requirements, and for the requirements that are not met, sufficient mechanisms exist that would provide the Exchange with adequate surveillance and regulatory information with respect to the Fund. 3 Commentary .06 to Amex Rule 915 sets forth the initial listing and maintenance standards for shares or other securities (“Exchange-Traded Fund Shares”) that are principally traded on a national securities exchange or through the facilities of a national securities exchange and reported as a national market security, and that represent an interest in a registered investment company organized as an open-end management investment company, a unit investment trust or other similar entity. The Fund is an open-end investment company designed to hold a portfolio of securities which tracks the performance of the MSCI Emerging Markets Index (the “Index” or “Select Index”). 4 The Fund employs a “representative sampling” methodology to track the Index, which means that the Fund invests in a representative sample of securities in the Index that have a similar investment profile as the Index. 5 Securities selected by the Fund have aggregate investment characteristics (based on market capitalization and industry weightings), fundamental characteristics (such as return variability, earnings valuation and yield) and liquidity measures similar to those of the Index. 4 The Emerging Markets Index includes approximately 848 equity components of companies located in emerging markets around the world. As of February 28, 2007, the largest markets covered in the Index were South Korea, Taiwan, Brazil, China and Russia (which made up 15.7%, 12.4%, 10.5%, 10.5% and 10.0%, respectively, of the Index's market capitalization). MSCI ( *www.msci.com* ) calculates and maintains the Emerging Markets Index. The Index is a capitalization-weighted index whose component securities are adjusted for available float and must meet objective criteria for inclusion in the Index. The Index aims to capture 85% of the publicly available total market capitalization in each emerging market included in the Index. The Index is rebalanced quarterly, calculated in U.S. Dollars on a real time basis, and disseminated every 60 seconds during market trading hours. 5 As of February 28, 2007, the Fund was comprised of 863 securities and had total net assets of $13.5 billion. OAO Gazprom ADR had the greatest individual weight at 4.16%. The aggregate percentage weighting of the top 10 securities in the Fund was 18.1%. The Index provides exposure to 25 emerging market countries in Europe, Asia, Africa, and Latin America. As of February 28, 2007, the Emerging Markets Index consisted of companies representing Argentina, Brazil, Chile, China, Colombia, the Czech Republic, Egypt, Hungary, India, Indonesia, Israel, Jordan, Malaysia, Mexico, Morocco, Pakistan, Peru, the Philippines, Poland, Russia, South Africa, South Korea, Taiwan, Thailand, and Turkey. MSCI periodically adjusts the list of included countries to keep pace with the evolution in world markets (such adjustments made on a forward-looking basis, so past performance of the Emerging Markets Index always reflects actual country representation during the relevant period). The Fund generally invests at least 95% of its assets in the common stocks included in the Index. In order to improve portfolio liquidity and give the Fund additional flexibility to comply with the requirements of the U.S. Internal Revenue Code and other regulatory requirements and to manage future corporate actions and index changes in smaller markets, the Fund also has the authority to invest the remainder of its assets in securities that are not included in the Index or in ADRs and GDRs representing such securities. The Fund may invest up to 10% of its assets in other exchange-traded funds or registered management investment companies that seek to track the performance of equity securities of constituent countries of the Index. The Fund is not permitted to concentrate its investments ( *i.e.* , hold 25% or more of its total assets in the stocks of a particular industry or group of industries), except that, to the extent practicable, the Fund will concentrate to approximately the same extent that the Index concentrates in the stocks of such particular industry or group of industries. The Exchange believes that these requirements and policies prevent the Fund from being excessively weighted in any single security or small group of securities and significantly reduce concerns that trading in the Fund could become a surrogate for trading in unregistered securities. Shares of the Fund (the “Fund Shares”) are issued in exchange for an “in kind” deposit of a specified portfolio of securities, together with a cash payment, in minimum size aggregation size of 150,000 shares (each, a “Creation Unit”), as set forth in the Fund's prospectus. The Fund issues and sells Fund Shares in Creation Unit sizes through a principal underwriter on a continuous basis at the net asset value per share next determined after an order to purchase Fund Shares and the appropriate securities are received. Following issuance, Fund Shares are traded on an exchange like other equity securities, and equity trading rules apply. Likewise, redemption of Fund Shares is made in Creation Unit size and “in kind,” with a portfolio of securities and cash exchanged for Fund Shares that have been tendered for redemption. The Exchange notes that the maintenance listing standards set forth in Commentary .07 to Amex Rule 916 for open-end investment companies do not include criteria based on either the number of shares or other units outstanding or on their trading volume. The absence of such criteria is justified on the ground that since it should always be possible to create additional shares or other interests in open-end investment companies at their net asset value by making an in-kind deposit of the securities that comprise the underlying index or portfolio, there is no limit on the available supply of such shares or interests. This, in turn, should make it highly unlikely that the market for listed, open-end investment company shares could be capable of manipulation, since whenever the market price for such shares departs from net asset value, arbitrage will occur. Similarly, since the Fund meets all of the requirements of the listing standards except as described below, the Exchange believes that the same analysis applies to the Fund. The Exchange has reviewed the Fund and determined that it satisfies the listing standards *except* for the requirement set forth in Commentary .06(b)(i) to Amex Rule 915, which requires the Fund to meet the following condition: “any non-U.S. component stocks in the index or portfolio on which the Fund Shares are based that are not subject to comprehensive surveillance agreements do not in the aggregate represent more than 50% of the weight of the index or portfolio.” Currently, the Exchange has in place comprehensive surveillance agreements covering 48.89% of the stocks comprising the Index. One of the foreign exchanges on which component securities of the Fund are traded and with which the Exchange does not have a surveillance agreement is the Bolsa Mexicana de Valores (“Bolsa”). The percentage of the weight of the Fund represented by these securities is 6.3%. The Exchange notes that the Commission recently approved the listing and trading of options on the iShares MSCI Emerging Markets Index Fund on a pilot basis and permitted the Exchange to rely on the memorandum of understanding executed by the Commission and the NVBV, dated as of October 18, 1990 (the “MOU”) for purposes of satisfying its surveillance and regulatory responsibilities for the component securities in the Fund that trade on the Bolsa until the Exchange is able to secure a surveillance agreement with the Bolsa. In connection with the listing and trading of options on the iShares MSCI Emerging Markets Index Fund, the Exchange contacted the Bolsa with a request to enter into a comprehensive surveillance sharing agreement. Although the officials at the Bolsa expressed an interest to enter into such comprehensive surveillance sharing agreement (a “CSSA”), to date, the Exchange has been unable to do so. As a result of being unable to secure a CSSA with the Bolsa, the Exchange requested permission to rely for a pilot period on the MOU and the Exchange agreed to use its best efforts during this period to secure a CSSA with the Bolsa, which would reflect the following:
(i)Express language addressing market trading activity, clearing activity, and customer identity;
(ii)Bolsa's reasonable ability to obtain access to and produce requested information; and
(iii)based on the comprehensive surveillance agreement and other information provided by Bolsa, the absence of existing rules, laws, or practices that would impede the Exchange from foreign information relating to market activity, clearing activity, or customer identity, or, in the event such rules, laws, or practices exist, they would not materially impede the production of customer or other information. We note that in the past the Commission has relied on a memorandum of understanding between the relevant regulators where it would be impossible to secure an effective CSSA. 6 6 *See* Securities Exchange Act Release No. 40761 (December 8, 1998), 63 FR 70952 (December 22, 1998) (the “New Product Release”), at note 101. The Exchange notes that the Commission has been willing to allow an exchange to rely on a memorandum of understanding entered into between regulators in the event that the exchanges themselves cannot enter into a CSSA. For example, the Exchange previously attempted to enter into a surveillance agreement with Bolsa as part of seeking approval to list and trade options on the Mexico Index. 7 Additionally, the Chicago Board Options Exchange, Incorporated (the “CBOE”) also previously attempted to enter into a surveillance agreement with Bolsa at or about the time when the CBOE sought approval to list for trading options on the CBOE Mexico 30 Index in 1995, which was comprised of stocks trading on Bolsa. 8 Since, in both instances, Bolsa was unable to provide a surveillance agreement, the Commission previously allowed the Exchange and the CBOE to rely on the MOU. The Commission noted in the respective approval orders that in cases where it would be impossible to secure an agreement, the Commission relied in the past on surveillance sharing agreements between the relevant regulators. The Commission further noted in the respective approval orders that pursuant to the terms of the MOU, it was the Commission's understanding that both the Commission and the CNBV could acquire information from and provide information to the other similar to that which would be required in a surveillance sharing agreement between exchanges, and therefore, should the Exchange or the CBOE need information on Mexican trading in the component securities of the Mexico Index or the CBOE Mexico 30 Index, the Commission could request such information from the CNBV under the MOU. 7 *See* Securities Exchange Act Release No. 34500 (August 8, 1994) 50 FR 41534 (August 12, 1994). 8 *See* New Product Release; *supra* note 6. The Exchange is also aware that the Commission recently permitted the listing and trading of iPath Notes linked to the MSCI India Equities Index without a CSSA between the NYSE and the appropriate Indian marketplaces. 9 9 *See* Securities Exchange Act Release No. 54944 (December 15, 2006), 71 FR 77432 (December 26, 2006). The practice of relying on surveillance agreements between regulators when a foreign exchange was unable or unwilling to provide an information sharing agreement was affirmed by the Commission in the Commission's New Product Release. The Commission noted in the New Product Release that if securing an information sharing agreement is not possible, an exchange should contact the Commission prior to listing a new derivative securities product. The Commission also noted that the Commission may determine instead that it is appropriate to rely on a memorandum of understanding between the Commission and the foreign regulator. Currently, the Exchange has in place comprehensive surveillance agreements covering 48.89% of the stocks comprising the Index. In addition, the Index also complies with Commentary .06(b)(ii) and
(iii)to Rule 915 which provides that component stocks of a single country that is not subject to comprehensive surveillance sharing be limited to less than 20% of the weight of the Index and component stocks in any two
(2)countries may not represent 33% or more of the weight of the Index if such countries are not subject to comprehensive surveillance agreements. Because the Index otherwise complies with the requirements of Commentary .06(b) (except for the 50% test), the Exchange submits that the proposal is consistent with the protection of investors and the promotion of competition in the marketplace. A similar product, options on the iShares Emerging Markets Index Fund (Symbol: EEM) are currently listed and traded on both the Amex and CBOE. The underlying index for VWO and EEM are exactly the same, i.e. the MSCI Emerging Market Index. Given the Exchange's inability to enter into a CSSA with the Bolsa, the Exchange requests permission to rely on a pilot basis on the MOU entered into between the Commission and the CNBV for purposes of satisfying its surveillance and regulatory responsibilities for the component securities in the Fund that trade on the Bolsa until the Exchange is able to secure a CSSA with the Bolsa. The Exchange believes this request is reasonable because the Commission has already acknowledged that the MOU permits both the Commission and the CNBV to acquire information from and provide information to the other, which is similar to that which would be required in a surveillance sharing agreement between exchanges. Additionally, if the Commission approves the listing and trading of the Fund on a pilot basis, during this period, the Exchange will continue its efforts to obtain a CSSA with the Bolsa. The Exchange also will update the Commission on the status of its discussions with the Bolsa. The Commission's approval of this request would otherwise render the Fund compliant with all of the Listing Standards. 10 The Exchange believes that listing and trading options on VWO will benefit investors and the marketplace. 10 The Exchange notes that the component securities of the Fund change periodically. Therefore, the Exchange may in fact have in place surveillance agreements that would otherwise cover the percent weighting requirements set forth in the Listing Standards for securities not trading on Bolsa. In this event, the Fund would satisfy all of the Listing Standards and reliance on an approval order for the Fund would be unnecessary. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act 11 in general and furthers the objectives of Section 6(b)(5) of the Act 12 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 regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest; and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers, or to regulate by virtue of any authority conferred by the Act matters not related to the purpose of the Act or the administration of the Exchange. 11 15 U.S.C. 78f(b). 12 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Amex-2007-09 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2007-09. 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. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Amex-2007-09 and should be submitted on or before May 17, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change 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. 13 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 14 which requires that an exchange have rules designed, among other things, 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. 13 In approving this rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 14 15 U.S.C. 78f(b)(5). The listing of the Fund Options does not satisfy Commentary .06(b)(i) to Amex Rule 915, which requires the Fund to meet the following condition: “Any non-U.S. component stocks in the index or portfolio on which the Fund Shares are based that are not subject to comprehensive surveillance agreements do not in the aggregate represent more than 50% of the weight of the index or portfolio.” Although the Commission has been willing to allow an exchange to rely on a memorandum of understanding entered into between regulators where the listing SRO finds it impossible to enter into an information sharing agreement, it is not clear that that Amex has exhausted all avenues of discussion with foreign markets, including Bolsa, in order to obtain such an agreement. Consequently, the Commission has determined to approve Amex's listing and trading of Fund Options for a six-month pilot period during which time Amex may rely on the MOU with respect to Fund components trading on Bolsa. During this period, the Exchange has agreed to use its best efforts to obtain a comprehensive surveillance agreement with Bolsa, which shall reflect the following:
(1)Express language addressing market trading activity, clearing activity, and customer identity;
(2)the Bolsa's reasonable ability to obtain access to and produce requested information; and
(3)based on the CSSA and other information provided by the Bolsa, the absence of existing rules, law or practices that would impede the Exchange from obtaining foreign information relating to market activity, clearing activity, or customer identity, or in the event such rules, laws, or practices exist, they would not materially impede the production of customer or other information. The Exchange also represents that it will regularly update the Commission on the status of its negotiations with Bolsa. In approving the proposed rule change, the Commission notes that Amex currently has in place surveillance agreements with foreign exchanges that cover 48.89% of the securities in the Fund and that the Index upon which the Fund is based appears to be a broad-based index. The Commission further notes that it recently has approved a proposed rule change by another SRO to list and trade options on the same product on a six-month pilot basis. 15 15 Securities Exchange Act Release No. 55491 (March 19, 2007), 72 FR 14145 (March 26, 2007). The Exchange has requested accelerated approval of the proposed rule change. The Commission finds good cause, consistent with Section 19(b)(2) of the Act, 16 for approving this proposed rule change before the thirtieth day after the publication of notice thereof in the **Federal Register** because it will enable the Exchange to immediately consider listing and trading the Fund Options, similar to products already traded on another SRO, and because it does not raise any new regulatory issues. The Exchange has agreed to use its best efforts to obtain a comprehensive surveillance agreement with the Bolsa during a six-month pilot period in which the Exchange will rely on the MOU. 16 15 U.S.C. 78s(b)(2). V. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 17 that the proposed rule change (SR-Amex-2007-09), as modified by Amendment No. 1, be, and it hereby is approved on an accelerated basis for a six-month pilot period ending on October 19, 2007. 17 *Id.* For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 18 18 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-7956 Filed 4-25-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55650; File No. SR-NYSE-2007-10] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Amendments to Interpretation to Rule 311(b)(5) (“Co-Designation of Principal Executive Officers”) as Modified by Amendment No. 1 April 19, 2007. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”), 2 and Rule 19b-4 thereunder, 3 notice is hereby given that on February 2, 2007, the New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which items have been substantially prepared by the Exchange. On April 16, 2007, the Exchange submitted Amendment No. 1 to the proposed rule change. 4 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 15 U.S.C. 78(a) *et seq.* 3 17 CFR 240.19b-4. 4 Amendment No. 1 replaced the original filing in its entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The NYSE is proposing amendments to Interpretation .05 to NYSE Rule 311(b)(5) regarding co-designation of principal executive officers. 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. 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 Rule 311 (“Formation and Approval of Member Organizations”) and specifically Section (b)(5) thereof provide that “principal executive officers” shall exercise principal executive responsibility over the various areas of the business of the member corporation. Interpretation .05 to Rule 311(b)(5) (the “Interpretation”) sets forth the regulatory framework under which member organizations may request approval for assigning two persons as the “principal executive officers” 5 for the same function pursuant to Rule 311(b)(5). It presently provides that no understanding or agreement purporting to limit or apportion the joint and several responsibility of each such co-officer will be recognized by the Exchange. The proposed amended Interpretation would qualify that prohibition to permit certain principal executive officers to allocate specific responsibility, subject to Exchange approval. 5 Rule 311(b)(5) provides that the board of directors of each member organization shall designate “principal executive officers” who shall have responsibility over the various areas of the business of the member organization. In operation, the Exchange recognizes four such principal executive officers: Chief executive officer (“CEO”), chief operations officer (“COO”), chief finance officer (“CFO”) and chief compliance officer (“CCO”). Background On September 7, 2005, the Commission approved changes to Rule 311. 6 In promulgating the changes to the Interpretation, the Exchange explained: 7 6 *See* Securities Exchange Act Release No. 52391 (September 7, 2005), 70 FR 54429 (September 14, 2005) (SR-NYSE-2005-04). 7 *See* NYSE Information Memo 05-69 (September 16, 2005). Co-Designation of Principal Executive Officers The Exchange believes that co-designating principal executive officer titles ( *i.e.* , assigning or sharing of the same title to two persons) is a potentially troublesome practice in that it can lead to confusion as to which designee is ultimately responsible and accountable for assigned functions. However, there may be instances where such arrangements are supported by valid business reasons, such as when each co-designee has special expertise in critical areas within the purview of the principal executive officer job description or co-principal executive officers have functional responsibility for separate business lines. In light of such circumstances, the Exchange has permitted the co-designation of certain principal executive officer titles at member organizations on a limited basis. Accordingly, the amendments continue to permit such co-designations, but only pursuant to a written request and subject to the prior written approval of the Exchange ( *see* new Section /05). Written requests to the Exchange must set forth the reason for the co-designation and explain how the arrangement is structured. Further, since such co-designations raise issues regarding which person has ultimate authority and accountability, the request must make clear that each co-designee has joint and several responsibility for discharging the duties of the principal executive officer designation and that no understanding or agreement purporting to apportion or limit such responsibility will be recognized by the Exchange. In situations where authority is, by its nature, indivisible, such as in the cases of CEOs and CFOs, the basis for this position is unarguable. The Exchange now believes, however, that there are legitimate situations where other principal executive officers exercise supervisory authority over discrete and naturally separate business functions, consistent with the internal corporate structure of the particular member organization. As an example, the Exchange has seen a reasonable division of supervisory jurisdictions and responsibility between CCOs whereby one is responsible for the member organization's retail brokerage activities and another deals with the firm's investment banking functions. While there are inevitable areas of overlap between the two, as where new offerings are readied for distribution by the retail sales force, and any proposed request for recognition of the differing areas would need to address such overlap, the greater part of the two functions are mutually exclusive, and lend themselves logically to separation. 8 8 All present co-designations have involved two persons, and that may be the optimal number for such sharing of responsibility. However, to assure maximum member organization operational flexibility, the proposed interpretation does not limit the number to two, but would allow three co-designees where a compelling case for such allocation is made. The Commission notes that while the Exchange states above that it would allow three co-designees, the proposed change to the Interpretation .05 of rule 311(b)(5) does not specify a limit on the number of co-designees permitted. It can be seen that a joint and several responsibility could expose one of the co-CCOs to regulatory sanctions for actions in an area which he or she did not and could not reasonably supervise. This needs to be balanced against the need to avoid the situation where each such officer attempts to disclaim responsibility for the supervision of the area in question. Proposed Amendments Accordingly, the Exchange proposes to amend the Interpretation to permit co-CCOs and co-COO 9 to allocate supervisory responsibility in a fashion acceptable to the Exchange. Where a member organization seeks to divide regulatory responsibility between more than one principal executive officer bearing the same or similar titles without the assumption of joint and several responsibility, it must provide the Exchange with a plan acceptable to the Exchange allocating specific responsibility and making unambiguous provisions, especially for the supervision of areas where the separate functions interact. It should be clearly understood that joint and several responsibility remains in effect for any area not specifically included in the plan approved by the Exchange. In addition, because the CCO of a member organization has unique responsibilities under Rule 342.30 (“Annual Reports”), the revised Interpretation would also require a representation that the certification required by Rule 342.30(e) will further confirm the qualification of each such co-CCO and that the responsibility of the co-CCOs encompasses every aspect of the business of the member organization. Of necessity, each of the co-CCOs would meet with and advise the CEO as part of the Rule 342.30 certification process. 9 Although to date only co-CCOs have chosen to seek separate status, it would not be unreasonable to extend the same treatment to co-COOs where their duties are subject to rational separation. As proposed, the Interpretation would read: The prior written approval of the Exchange is required to assign [two] *more than one* person[s] *to* a single “principal executive officer” designation pursuant to Rule 311(b)(5). Member organizations seeking approval for such co-designations must submit a written request to the Exchange that sets forth the reason for the co-designation, explains how the arrangement is structured, and makes clear that each co-designee has joint and several responsibility for discharging the duties of that principal executive officer designation[;]. * However, the Exchange may approve a specific plan identifying the business need and other justification for an arrangement which does not provide for joint and several responsibility for principal executive officers other than the chief executive officer and chief financial officer. Such a plan must identify the areas and functions subject to separate supervisory responsibility and make specific provisions for the supervisory responsibility of functions, activities and areas which can reasonably be expected to overlap. * [no understanding or agreement purporting to apportion or limit such responsibility will be recognized by the Exchange.] *In addition, in the case of co-CCOs, the written approval request submitted in accordance with this Interpretation shall include a representation to the Exchange, to the effect that the CEO's Annual Report and Certification required by Rule 342.30(e) will further state, in addition to the fact that each such CCO has met the qualification requirements set forth at 342.30(d)/01, that the collective authority, accountability, and responsibility of such co-equal CCOs encompasses, without exception, every aspect of the business of such member organization.* Implementation Date The proposed amendments would be effective upon SEC approval. 2. Statutory Basis The proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange, and in particular, with the requirements of Sections 6(b)(5) 10 of the Act. Section 6(b)(5) requires, among other things, that the rules of an 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 national market system, and in general, to protect investors and the public interest. The proposed amendments will provide member organizations with organizational flexibility in the allocation of certain regulatory responsibilities. 10 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 has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2007-10 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-10. 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. Copies of such filing will also be available for inspection and copying at the principal office of the NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information 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-2007-10 and should be submitted by May 17, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-7939 Filed 4-25-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION National Small Business Development Center Advisory Board; Public Meeting The U.S. Small Business Administration National Small Business Development Center Advisory Board will be hosting a public meeting via conference call to discuss such matters that may be presented by members, and the staff of the U.S. Small Business Administration or interested others. The conference call will take place on Tuesday, May 15, 2007 at 1 p.m. Eastern Standard Time. The purpose of the meeting is to discuss the initial White Paper draft regarding management of the SBDC program, and arrangements for the Board site visit in June to visit the Ohio SBDC network in Columbus. Anyone wishing to make an oral presentation to the Board must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone
(202)205-7045 or fax
(202)481-0681. Matthew Teague, Committee Management Officer. [FR Doc. E7-8021 Filed 4-25-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending April 13, 2007 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. *Docket Number:* OST-2007-27790-3. *Date Filed:* April 11, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of United Parcel Service Co. requesting that the Department award it indefinite blanket authority to serve all existing U.S. open-skies partners, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments. *Docket Number:* OST-2007-27790-2. *Date Filed:* April 11, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Arrow Air, Inc. d/b/a Arrow Cargo requesting a certificate of public convenience and necessity to engage in scheduled foreign air transportation of property and mail between any points in the United States via intermediate points to a point or points in Albania, Aruba, Austria, Bahrain, Belgium, Bosnia-Herzegovina, Brunei Darussalam, Burkina Faso, Cameroon, Cape Verde, Chad, Chile, Cook Islands, Costa Rica, Czech Republic, Denmark, El Salvador, Ethiopia, Finland, France, Gabon, The Gambia, Germany, Ghana, Guatemala, Honduras, Iceland, India, Indonesia, Italy, Jamaica, Jordan, Korea Republic of, Kuwait, Liberia, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Morocco, Namibia, Netherlands, Netherlands Antilles, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Poland, Portugal, Qatar, Romania, Samoa, Senegal, Singapore, Slovak Republic, Sri Lanka, Sweden, Switzerland, Taiwan, Tanzania, Thailand, Tonga, Turkey, Uganda, United Arab Emirates, Uruguay, Uzbekistan and to points beyond with full traffic rights to the extent the applicable aviation agreements grant such rights. *Docket Number:* OST-2007-27790-6. *Date Filed:* April 12, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Federal Express Corporation (“FedEx Express”) requesting indefinite blanket open-skies certificate authority, which will enable FedEx Express to serve current and future U.S. open-skies partners. *Docket Number:* OST-2007-27790-5. *Date Filed:* April 12, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Hawaiian Airlines, Inc. (“Hawaiian”) requesting a certificate of public convenience and necessity to operate between the United States and all countries with which the United States has “Open Skies” agreements now or in the future. Further Hawaiian asks that such authority allow it to integrate that authority so it may operate to and from any country to which DOT has given its certificate or exemption authority and to which Hawaiian has been designated. *Docket Number:* OST-2007-27790-7. *Date Filed:* April 12, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Eos Airlines, Inc. requesting a certificate of public convenience and necessity to obtain authority to provide foreign air transportation of persons, property and mail to all markets with which the U.S. has an open-skies agreement or may, in the future, enter into one. *Docket Number:* OST-2007-27790-8. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Polar Air Cargo, Inc. (“Polar”) and Polar Air Cargo Worldwide, Inc. (”PACW”) requesting issuance of a certificate of public convenience and necessity authorizing Polar and, at a later date, PACW to engage in foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in those countries with which the United States has concluded or subsequently concludes open-skies air transport agreements, on the other, via intermediate points and beyond, to the extent the applicable aviation agreements grant such rights. *Docket Number:* OST-2007-27790-9. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Atlas Air, Inc. requesting a certificate of public convenience and necessity to engage in foreign air transportation of property and mail between a point or points in the United States, on the one hand, and a point or points in those countries with which the United States has concluded or subsequently concludes open skies air transport agreements, on the other, via intermediate points and beyond, to the extent the applicable aviation agreements grant such rights. *Docket Number:* OST-2007-27790-10. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Amerijet International, Inc. (“Amerijet”) requesting an indefinite blanket open-skies certificate of public convenience and necessity authorizing it to provide scheduled foreign air transportation of property and mail between points in the U.S. and a point or points in all countries with which the U.S. has an open-skies aviation agreement or may, in the future, enter into one. Amerijet also requests authority to integrate the authority requested herein with its existing certificate and exemption authority subject to the conditions normally imposed by the Department on such integration authority. *Docket Number:* OST-2007-27790-11 and OST-1999-6246-14. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Supplement #6 of Delta Air Lines, Inc. requesting a new or amended certificate of public convenience and necessity for open entry routes to serve all open-skies MALIAT partner countries under the procedures set forth in the Open-Skies Certificate Notice and Order 2007-4-2. *Docket Number:* OST-2007-27790-13. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of JetBlue Airways Corporation (“JetBlue”) requesting a certificate of public convenience and necessity to operate between the United States and all countries with which the United States has “Open Skies” agreements now or in the future. Further JetBlue asks that such authority allow it to integrate that authority so it may operate to and from any country to which DOT has given it certificate or exemption authority and to which JetBlue has been designated. *Docket Number:* OST-2007-27790-14. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Spirit Airlines, Inc. (“Spirit”) requesting indefinite blanket open-skies certificate authority to serve all existing U.S. open-skies partners and for prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments. Further, Spirit asks that the Department permit it to integrate this certificate authority with Spirit's other certificate and exemption authority, consistent with applicable agreements between the United States and foreign governments. Finally, Spirit asks that the Department designate it for each of the open-skies partners, as necessary, to allow Spirit to respond quickly to new market opportunities. *Docket Number:* OST-2007-27790-15. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Brendan Airways, LLC d/b/a USA 3000 Airlines, Inc. (“USA 3000”) requesting blanket open-skies certificate authority, authorizing it to provide scheduled air transportation of persons, property and mail to all existing U.S.-Open Skies partners, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments without the need for further action by the carrier or the Department. *Docket Number:* OST-2007-27790-16 and OST-2004-19398-5. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Amendment #1 of TradeWinds Airlines, Inc. to its current open-skies certificate of public convenience and necessity to the extent necessary to authorize it to provide scheduled air transportation of property and mail to include all countries that have concluded “Open Skies” Air Services Agreements with the United States since issuance of its current open-skies certificate, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner comes into force and effect, without the need for further action by the carrier or the Department. *Docket Number:* OST-2007-27790-17. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Alaska Airlines, Inc. (“Alaska”) requesting a blanket certificate of public convenience and necessity of indefinite duration permitting Alaska to engage in the scheduled foreign air transportation of person, property and mail between the United States and all countries with which the United States has entered into an open skies agreement, as well as any country with which the United States may in the future enter into such an agreement, once the agreement is being applied by both countries. *Docket Number:* OST-2007-27790-18. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of ATA Airlines, Inc. (“ATA”) requesting a blanket certificate of public convenience and necessity of indefinite duration permitting ATA to engage in the scheduled foreign air transportation of person, property and mail between the United States and all countries with which the United States has entered into an open skies agreement, as well as any country with which the United States may in the future enter into such an agreement, once the agreement is being applied by both countries. *Docket Number:* OST-2007-27790-19. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Florida West International Airways, Inc. (“FWIA”) requesting a blanket certificate of public convenience and necessity of indefinite duration permitting FWIA to engage in the scheduled foreign air transportation of person, property and mail between the United States and all countries with which the United States has entered into an open skies agreement, as well as any country with which the United States may in the future enter into such an agreement, once the agreement is being applied by both countries. *Docket Number:* OST-2007-27790-20. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Frontier Airlines, Inc. requesting blanket open-skies certificate authority to transport property, mail and travelers on routes between the U.S. and all countries which currently have, or in the future agree to, an open-skies agreement with the U.S. *Docket Number:* OST-2007-27790-21 and OST-2004-19189-5. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Centurion Air Cargo, Inc. (“Centurion”) requesting that its certificate of public convenience and necessity for Route 833 be amended:
(1)add Cook Islands, Kuwait and Liberia to the list of open skies countries contained in Centurion's Route 833, and
(2)include in the certificate a provision that authorizes Centurion to serve additional countries that may have an open-skies agreement with the U.S. that is being applied without the necessity for further action by the Department or Centurion. *Docket Number:* OST-2007-27790-22. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Evergreen International Airlines, Inc. requesting an indefinite blanket open-skies certificate of public convenience and necessity authorizing it to provide scheduled foreign air transportation of property and mail between points in the U.S. and a point or points in all countries with which the U.S. has an open-skies aviation agreement or may, in the future, enter into an open-skies aviation agreement. *Docket Number:* OST-2007-27790-23. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of World Airways, Inc. requesting a certificate of public convenience and necessity to engage in foreign scheduled air transportation of persons, property and mail from a point or points in the United States, via intermediate points, to a point or points in all existing U.S. open skies partners, along with any future U.S. open-skies partners, and beyond. *Docket Number:* OST-2007-27790-24. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of North American Airlines, Inc. requesting a certificate of public convenience and necessity to engage in foreign scheduled air transportation of persons, property and mail from a point or points in the United States, via intermediate points, to a point or points in all existing U.S. open skies partners, along with any future U.S. open-skies partners, and beyond. *Docket Number:* OST-2007-27790-25. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of ASTAR Air Cargo, Inc. requesting a blanket open-skies certificate of public convenience and necessity of indefinite duration to provide all-cargo service (scheduled foreign air transportation of property and mail) between the United States and all current open-skies countries and any country with which the United States may in the future enter into such an agreement, where that agreement is being applied by both countries. *Docket Number:* OST-2007-27790-26. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of MN Airlines, LLC d/b/a Sun Country Airlines requesting a new blanket “Open Skies” certificate authorizing it to provide scheduled air transportation of persons, property and mail to all existing U.S.-Open Skies partner countries, as well as prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments, without the need for further action by DOT. *Docket Number:* OST-2007-27790-27. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Kalitta Air, L.L.C. requesting a certificate of public convenience and necessity authorizing it to conduct scheduled foreign air transportation of cargo between a point or points in the United States, via intermediate points, to a point or points in U.S. Open-Skies Agreement partner countries, and beyond, for an indefinite period. *Docket Number:* OST-2007-27790-28. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Custom Air Transport, Inc. requesting a certificate of public convenience and necessity authorizing it to conduct scheduled foreign air transportation of cargo between a point or points in the United States, via intermediate points, to a point or points in U.S. Open-Skies Agreement partner countries, and beyond, for an indefinite period. *Docket Number:* OST-2007-27790-29. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of TEM Enterprises, d/b/a Xtra Airways requesting a certificate of public convenience and necessity authorizing it to conduct scheduled foreign air transportation of persons, property and mail between a point or points in the United States, via intermediate points, to a point or points in U.S. Open-Skies Agreement partner countries, and beyond, for an indefinite period. *Docket Number:* OST-2007-27790-30. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Ryan International Airlines, Inc. (“Ryan”) requesting a certificate of public convenience and necessity authorizing Ryan to engage in scheduled foreign air transportation of persons, property and mail between
(i)a point or points in the United States and a point or points in all countries with existing “Open Skies” Air Services Agreements with the United States (“U.S. Open-Skies Partners”), via intermediate points and beyond; and
(ii)a point or points in the United States and a point or points in all countries that in the future become U.S. Open-Skies Partners, via intermediate points and beyond. *Docket Number:* OST-2007-27790-31. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Capital Cargo International Airlines Inc. requesting a indefinite certificate of blanket open-skies authority to serve all existing U.S. open-skies partners, along with prospective blanket certificate authority to service any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments. *Docket Number:* OST-2007-27790-32. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Allegiant Air, LLC (“Allegiant”) requesting a certificate of public convenience and necessity authorizing Allegiant to engage in scheduled foreign air transportation of persons, property and mail between
(i)a point or points in the United States and a point or points in all countries with existing “Open Skies” Air Services Agreements with the United States (“U.S. open-skies partners”), via intermediate points and beyond; and
(ii)a point or points in the United States and a point or points in all countries that in the future become U.S. open-skies partners, via intermediate points and beyond. *Docket Number:* OST-2007-27790-33. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Air Transport International, LLC requesting a certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of persons, property and mail between
(i)a point or points in the United States via intermediate points and a point or points in all countries with existing “Open Skies” Air Services Agreements with the United States (“U.S. open-skies partners”), and beyond; and
(ii)a point or points in the United States via intermediate points and a point or points in all countries who in the future become U.S. open skies partners, and beyond. *Docket Number:* OST-2007-27790-34. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of MAXjet Airways, Inc. (“MAXjet”) requesting a certificate of public convenience and necessity authorizing MAXjet to engage in foreign scheduled air transportation of persons, property and mail from points behind the United States, via the United States and any intermediate points, to points in the territory of current and future open-skies treaty partners, and beyond. *Docket Number:* OST-2007-27790-35. *Date Filed:* April 13, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 4, 2007. *Description:* Application of Gemini Air Cargo, Inc. requesting a certificate of public convenience and necessity for indefinite blanket authority to serve all existing U.S. open-skies partners, along with prospective blanket certificate authority to serve any future open-skies partner once an agreement between the United States and that partner is being applied by the two governments. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7-7992 Filed 4-25-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration First Meeting, Special Committee 215 Aeronautical Mobile Satellite (Route) Services Next Generation Satellite Services and Equipment AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Special Committee 215, Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment. SUMMARY: The FAA is issuing this notice to advise the public of a first meeting of RTCA Special Committee 215, Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment. DATES: The meeting will be held May 22-24, 2007 at 10 a.m. ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW., Suite 805, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1818 L Street, NW., Suite 805, Washington, DC 20036; telephone
(202)833-9339; fax
(202)833-9434; Web site *http://www.rtca.org* for directions. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice is hereby given for a Special Committee 215 meeting. The agenda will include: • *May 22-24:* • Opening Plenary Session (Welcome, Introductions, and Administrative Remarks, Agenda Review). • David Robinson (FAA)—DFO. • Overview of activity background. • Revision of ICAO AMS (R)S SARPs—Summary. • Review of Authorizing Document (Terms of Reference), RTCA paper 057-07/PMC-519, March 8, 2007. • Discussion of and action of Terms of Reference
(TOR)item 6.A and 6.B by Industry, FAA and other participants. • By September 28, 2007, determine if recent changes to the AMS(R)S SARPs require modification of DO-262 by means of an attachment to DO-262. • By September 28, 2007, determine if recent changes to the AMS(R)S SARPs require modification of DO-270. • FAA discussion on issues relating to Electromagnetic Compatibility/Interference with GNSS, AMSS, Radio Astronomy. • Discussion of and action on Terms of Reference it 6.C and 6.D, if necessary. • If changes are recommended to DO-262, proceed immediately to develop a plan on what changes are necessary and how changes should be incorporated into DO-262. • If changes are recommended to DO-270, proced immediately to develop a plan on what changes are necessary and how changes should be incorporated into DO-270. • Schedule Next Meeting. • If changes are necessary, future meetings should facilitate presentation of revised documents to the FRAC not later than May 2008. • If changes are not deemed necessary, create and approve short report to PMC stating reasons why and informing PMB that the Terms of Reference are complete. • Closing Plenary Session (Other Business, Establish Agenda, Adjourn). Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTAC section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on April 19, 2007. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. 07-2053 Filed 4-25-07; 8:45 am]
Connectionstraces to 5
4 references not yet in our index
  • 17 CFR 240.19
  • 15 USC 78(a)
  • 14 CFR 301.201
  • Pub. L. 92-463
Citation graph
cites case law
Notices
Notice of RTCA Special Committee 215, Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment
Cite17 CFR 240.19
Cite15 USC 78(a)
Cite14 CFR 301.201
Pub. L.Pub. L. 92-463
Cites 9Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

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

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