Notices. Notice of Request for Reinstatement of a previously approved collection for which approval has expired

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BILLING CODE 6015-01-M SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold the following meeting during the week of May 14, 2007: Closed Meetings will be held on Tuesday, May 15, 2007 at 2 p.m. and Thursday, May 17, 2007 at 9:45 a.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meetings.

Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and

(10)and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meetings. Commissioner Atkins, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matter of the Closed Meeting scheduled for Tuesday, May 15, 2007 will be: Formal orders of investigations; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; An adjudicatory matter; and Other matters related to enforcement proceedings. The subject matter of the Closed Meeting scheduled for Thursday, May 17, 2007 will be: Institution and settlement of injunctive actions; and Institution and settlement of administrative proceedings of an enforcement nature; At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at

(202)551-5400. May 8, 2007. Nancy M. Morris, Secretary. [FR Doc. E7-9181 Filed 5-10-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55714; File No. SR-Amex-2007-43] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to a One-Year Extension of the $1 Strike Price Pilot Program May 7, 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 April 30, 2007, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by Amex. The Exchange has filed the proposal as a “non-controversial” rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange seeks to extend the $1 strike price pilot program (“Pilot Program”) for one year through June 5, 2008. The text of the proposed rule change is available at Amex, the Commission's Public Reference Room, and *http://www.amex.com* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Amex 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. Amex 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 Pilot Program was established in June 2003, 5 with three one-year extensions granted by the Commission in June 2004, June 2005, and May 2006. 6 The Exchange believes that the Pilot Program has operated as designed, providing investors with greater flexibility in achieving their investment strategies in connection with stocks trading below $20. Accordingly, the Exchange believes that a one-year extension is reasonable and consistent with the intent of the Pilot Program. 5 *See* Securities Exchange Act Release No. 48024 (June 12, 2003), 68 FR 36617 (June 18, 2003) (SR-Amex-2003-36) (“Pilot Approval Order”). 6 *See* Securities Exchange Act Release Nos. 49813 (June 4, 2004), 69 FR 33088 (June 14, 2004) (SR-Amex-2004-45); 51770 (May 31, 2005), 70 FR 33226 (June 7, 2005) (SR-Amex-2005-40); and 53843 (May 19, 2006), 71 FR 30455 (May 26, 2006) (collectively, “Pilot Program Extension Notices”). The Pilot Program permits the Exchange to select a total of five individual stocks on which options series may be listed at $1 strike price intervals. To be eligible for the Pilot Program, an underlying stock must close below $20 on its primary market on the previous trading day. If selected, the Exchange may list $1 strike prices at $1 intervals from $3 to $20, however, a $1 strike price may not be listed that is greater than $5 from the underlying stock's closing price on its primary market on the previous day. The Exchange may also list $1 strikes on any other options class designated by another options exchange that employs a similar pilot program approved by the Commission. The Pilot Program prohibits the Exchange from listing $1 strikes on any series of individual equity options classes that have greater than nine months until expiration. In addition, the Exchange is also restricted from listing any series that would result in strike prices being $0.50 apart. To date, the Exchange believes that the Pilot Program has been beneficial to investors and the options market by providing investors with greater flexibility in the trading of equity options that overlie stocks trading below $20. In this manner, options investors are able to better tailor their strategies through the availability of $1 strikes. The Pilot Program Report, attached as Exhibit 3 to the proposal, provides data regarding the Pilot Program as required in the Pilot Program Extension Notices. 7 Amex notes that, as the data indicates, the $1 strikes exhibited higher volume and open interest than the “standard” strike price intervals. Specifically, the five options classes selected by Amex for $1 strikes had a trading volume of 327,115 contracts, while the “standard” strikes for the same options classes had a trading volume 290,191 contracts. Of even greater significance is the difference in open interest between the $1 strikes and “standard” strikes. As of April 30, 2007, $1 strikes open interest totaled 685,808 contracts versus 396,777 contracts for “standard” strikes. Given the limited nature of the Pilot Program, the Exchange submits that the impact on systems has been minimal. Accordingly, Amex believes that an extension of the Pilot Program for one year through June 5, 2008, is warranted. 7 *See* Pilot Program Extension Notices, *supra* note 6. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the Section 6(b) of the Act, 8 in general, and furthers the objective of Section 6(b)(5) of the Act, 9 in particular, in that it is designed to promote just and equitable principles of trade and to remove impediments to and perfect the mechanism of a free and open market. 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change will impose no burden on competition that is not necessary or appropriate in the 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. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change does not:

(1)Significantly affect the protection of investors or the public interest;

(2)impose any significant burden on competition; and

(3)become operative for 30 days from the date of this filing, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder. 11 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) also requires the self-regulatory organization to give the Commission 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. Amex has satisfied the five-day pre-filing requirement. As set forth in the Commission's initial approval of the Pilot Program, if Amex proposes to:

(1)Extend the Pilot Program;

(2)expand the number of options eligible for inclusion in the Pilot Program; or

(3)seek permanent approval of the Pilot Program, it must submit a Pilot Program report to the Commission along with the filing of its proposal to extend, expand, or seek permanent approval of the Pilot Program. Amex must file any proposal to expand or seek permanent approval of the Pilot Program and the Pilot Program report with the Commission at least 60 days prior to the expiration of the Pilot Program. The Pilot Program report must cover the entire time the Pilot Program was in effect and must include:

(1)Data and written analysis on the open interest and trading volume for options (at all strike price intervals) selected for the Pilot Program;

(2)delisted options series (for all strike price intervals) for all options selected for the Pilot Program;

(3)an assessment of the appropriateness of $1 strike price intervals for the options Amex selected for the Pilot Program;

(4)an assessment of the impact of the Pilot Program on the capacity of Amex's, the Options Price Reporting Authority's, and vendors' automated systems;

(5)any capacity problems or other problems that arose during the operation of the Pilot Program and how Amex addressed them;

(6)any complaints that Amex received during the operation of the Pilot Program and how Amex addressed them; and

(7)any additional information that would help to assess the operation of the Pilot Program. *See* Pilot Approval Order, *supra* note 5. 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 No. SR-Amex-2007-43 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 No. SR-Amex-2007-43. 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 Amex. 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 No. SR-Amex-2007-43 and should be submitted on or before June 1, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-9076 Filed 5-10-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55715; File No. SR-ISE-2007-26] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend a Pilot Program That Allows the Listing of Strike Prices at One-Point Intervals for Stocks Trading Under $20 May 7, 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 April 30, 2007, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by ISE. The Exchange has filed the proposal as a “non-controversial” rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend until June 5, 2008, its $1 strike pilot program that allows the listing of strike prices at one-point intervals (“Pilot Program”). The text of the proposed rule change is available at ISE, the Commission's Public Reference Room, and *http://www.iseoptions.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, ISE 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. ISE 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 On June 16, 2003, the Commission approved ISE's Pilot Program, which allows ISE to list series with $1 strike price intervals on equity option classes that overlie up to five individual stocks, provided that the strike prices are $20 or less, but not less than $3. 5 The Pilot Program, after being extended on four prior occasions, 6 is set to expire on June 5, 2007. 7 The Exchange may currently select up to five individual stocks to be included in the Pilot Program. The Exchange, however, is also permitted to list options on other individual stocks at $1 strike price intervals if other options exchanges listed those series pursuant to their respective rules. The Exchange has selected the following five options classes to participate in the Pilot Program: AMR Corp. (AMR), Clapine Corp. (CPN), EMC Corp. (EMC), El Paso Corp. (EP), and Sun Microsystems Inc. (SUNW). ISE believes the Pilot Program has been successful and well received by its members and the investing public. Thus, ISE proposes to extend the Pilot Program until June 5, 2008. 5 *See* Securities Exchange Act Release No. 48033 (June 16, 2003), 68 FR 37036 (June 20, 2003) (SR-ISE-2003-17) (“Pilot Program Approval Order”). 6 *See* Securities Exchange Act Release Nos. 49827 (June 8, 2004), 69 FR 33966 (June 17, 2004) (SR-ISE-2004-21); 50060 (July 22, 2004), 69 FR 45864 (July 30, 2004) (SR-ISE-2004-26); 51769 (May 31, 2005), 70 FR 33232 (June 07, 2005) (SR-ISE-2005-22); and 53806 (May 15, 2006), 71 FR 29694 (May 23, 2006) (SR-ISE-2006-20) (collectively, “Pilot Extension Notices”). 7 *See* Securities Exchange Act Release No. 53806, *supra* note 6. In support of this proposed rule change, and as required by the Pilot Program Approval Order and the Pilot Extension Notices, the Exchange is submitting to the Commission a report (“Pilot Program Report”), attached as Exhibit 3 to the proposal, detailing the Exchange's experience with the Pilot Program. Specifically, the Pilot Program Report contains data and written analysis regarding the five options classes included in the Pilot Program for the period between March 2006 through February 2007. The Exchange believes there is sufficient investor interest and demand to extend the Pilot Program for another year. The Exchange continues to believe that the Pilot Program has provided investors with greater trading opportunities and flexibility and the ability to more closely tailor their investment strategies and decisions to the movement of the underlying security. Furthermore, the Exchange has not detected any material proliferation of illiquid options series resulting from the narrower strike price intervals. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder and, in particular, the requirements of Section 6(b) of the Act. 8 Specifically, the Exchange believes the proposed rule change is consistent with the requirements under Section 6(b)(5) of the Act 9 that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange believes that extension of the Pilot Program will result in a continuing benefit to investors by allowing them to more closely tailor their investment decisions, and will allow the Exchange to further study investor interest in $1 strike price intervals. 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change does not impose any burden on competition that is not necessary or appropriate in the furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested persons. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change does not:

(1)Significantly affect the protection of investors or the public interest;

(2)impose any significant burden on competition; and

(3)become operative for 30 days from the date of this filing, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder. 11 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) also requires the self-regulatory organization to give the Commission 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. ISE has satisfied the five-day pre-filing requirement. As set forth in the Commission's initial approval of the Pilot Program, if ISE proposes to:

(1)Extend the Pilot Program;

(2)expand the number of options eligible for inclusion in the Pilot Program; or

(3)seek permanent approval of the Pilot Program, it must submit a Pilot Program report to the Commission along with the filing of its proposal to extend, expand, or seek permanent approval of the Pilot Program. ISE must file any proposal to expand or seek permanent approval of the Pilot Program and the Pilot Program report with the Commission at least 60 days prior to the expiration of the Pilot Program. The Pilot Program report must cover the entire time the Pilot Program was in effect and must include:

(1)Data and written analysis on the open interest and trading volume for options (at all strike price intervals) selected for the Pilot Program;

(2)delisted options series (for all strike price intervals) for all options selected for the Pilot Program;

(3)an assessment of the appropriateness of $1 strike price intervals for the options ISE selected for the Pilot Program;

(4)an assessment of the impact of the Pilot Program on the capacity of ISE's, the Options Price Reporting Authority's, and vendors' automated systems;

(5)any capacity problems or other problems that arose during the operation of the Pilot Program and how ISE addressed them;

(6)any complaints that ISE received during the operation of the Pilot Program and how ISE addressed them; and

(7)any additional information that would help to assess the operation of the Pilot Program. *See* Pilot Program Approval Order, *supra* note 5. 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 No. SR-ISE-2007-26 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 No. SR-ISE-2007-26. 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 ISE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-ISE-2007-26 and should be submitted on or before June 1, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-9070 Filed 5-10-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55717; File No. SR-NASD-2007-029] Self-Regulatory Organizations: National Association of Securities Dealers, Inc.; Notice of Filing of Proposed Rule Change Relating to Access Fee Display Requirements for the OTCBB May 7, 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 April 20, 2007, the National Association of Securities Dealers, Inc. (“NASD”) 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 NASD. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NASD is proposing to amend NASD Rule 6540(c) to exclude from the access fee display requirements access fees below a specified level. Below is the text of the proposed rule change. Proposed new language is in *italics;* proposed deletions are in brackets. 6540. Requirements Applicable to Market Makers

(a)through

(b)No Change.

(c)A participating ATS or ECN shall reflect non-subscriber access or post-transaction fees in *its published quotation* [the ATS's or ECN's posted quoted] in the OTC Bulletin Board montage *if:* *(1) The published quotation is priced equal to or greater than $1.00 and such fees exceed or accumulate to more than $0.003 per share; or* *(2) The published quotation is less than $1.00 and such fees exceed or accumulate to more than 0.3% of the published quotation price on a per share basis.*

(d)through

(e)No Change. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NASD 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. NASD 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 NASD Rule 6540(c) requires an alternative trading system (“ATS”) 3 or electronic communications network (“ECN”) 4 to reflect non-subscriber access or post-transaction fees in its posted quotation in the OTC Bulletin Board (“OTCBB”). NASD established the requirements in Rule 6540(c) to permit ATSs and ECNs to participate in the OTCBB in the same way that market makers participate. 5 Specifically, because a market maker does not charge access or post-transaction fees over and above its posted quotation, a participating ATS or ECN is prohibited from charging such fees, unless such fees are incorporated in the ATS's or ECN's posted quotation. Concerns have been raised about the practical difficulties of complying with Rule 6540(c) for ATSs and ECNs that choose to charge such fees. 3 *See* Rule 300(a) of Regulation ATS under the Act (defining “alternative trading system”). 4 *See* Rule 600(b)(23) of Regulation NMS under the Act (defining “electronic communication network”). 5 *See* Securities Exchange Act Release No. 45915 (May 10, 2002), 67 FR 35171 (May 17, 2002) (approving SR-NASD-2001-44). First, NASD Rule 2320(g)(2) requires a member that displays priced quotations for the same non-exchange-listed security 6 in two or more quotation mediums 7 that permit quotation updates on a real-time basis to display the same priced quotation in each system. NASD established this requirement because members that display differently priced quotations in different quotation mediums for the same security can be confusing and misleading to other market participants and, more importantly, to public investors. 8 Moreover, NASD believes that requiring that members display consistently priced quotations in multiple quotation mediums enhances the ability of other market participants to ascertain the best inter-dealer market for a security. 9 6 The term “non-exchange-listed security” means any equity security that is not traded on any national securities exchange and does not include a “restricted security,” as defined by Commission Rule 144(a)(3) under the Securities Act of 1933, nor any security designated in the PORTAL Market, the Rule 6700 Series. *See* NASD Rule 6610(c). 7 The term “quotation medium” means any inter-dealer quotation system or any publication or electronic communications network or other device that is used by brokers or dealers to make known to others their interest in transactions in any security, including offers to buy or sell at a stated price or otherwise, or invitations of offers to buy or sell. *See* NASD Rule 2320(g)(4). The term quotation medium includes, without limitation, the OTCBB, the Electronic Pink Sheets, an ATS, and an ECN. 8 *See* Securities Exchange Act Release No. 43319 (September 21, 2000), 65 FR 58589 (September 29, 2000) (approving SR-NASD-00-20). 9 *See id.* Rule 2320(g)(2), in conjunction with Rule 6540(c), results in certain unintended consequences. Specifically, the effect of these rules is to require an ATS or ECN that charges an access fee to incorporate such access fee in its internal system quotation, notwithstanding the fact that internal subscribers of such system will not be charged that fee. NASD does not believe such a result furthers the goals of Rule 2320(g)(2) or Rule 6540(c). Second, by requiring an ATS or ECN to incorporate its access fee in its quote, the ATS or ECN may be forced to effect two trades at different prices rather than one trade at a single price:

(1)The transaction with the subscriber that placed the original limit order at the limit order price, with no access fee charged; and

(2)the transaction with the non-subscriber at the quoted price inclusive of the access fee charged to the non-subscriber. This has the unintended consequence of requiring two separate trade reports to the tape at each price for what previously was reportable as one trade and may also require the ATS or ECN to trade on a principal basis to effectuate the trade. In a prior rule filing (SR-NASD-2005-095) relating to restrictions on sub-penny quoting that was later withdrawn, NASD had proposed to eliminate Rule 6540(c), primarily because it was in direct conflict with the proposed sub-penny quotation restriction, given that most access fees are in sub-penny increments. 10 In the context of that filing, several commenters opposed the proposed elimination of the requirements in Rule 6540(c), generally raising concerns that such elimination would lead to hidden and unregulated access fees because the deletion of Rule 6540(c) eliminates the practical disincentive to charge excessive fees. 10 *See* Securities Exchange Act Release No. 53024 (December 27, 2005), 71 FR 159 (January 3, 2006) (notice of filing of proposed rule change and Amendment No. 2 to SR-NASD-2005-095). In response to both the concerns raised regarding the practical difficulties with compliance with Rule 6540(c) and that ATSs and ECNs might charge hidden and excessive access fees, NASD is proposing to amend Rule 6540(c) to exclude from the requirements only those access fees that are less than or equal to $0.003 per share (or 0.3% of the published quotation price on a per-share basis in the case of published quotations below $1.00 per share). 11 NASD believes this approach addresses the practical difficulties with incorporating the access fee in a quotation, while also addressing the concerns relating to possible excessive access fees raised by commenters in response to proposed rule change SR-NASD-2005-095. 11 The specified levels in this proposed rule change correspond to the access fees limits set forth in Rule 610(c) of Regulation NMS under the Act. Rule 610(c) of Regulation NMS, among other provisions, generally limits the fees that any trading center can charge (or allow to be charged) for accessing its protected quotation in an NMS stock priced equal to or greater than $1.00 per share to no more than $0.003 per share. If the price of a protected quotation is less than $1.00 per share, the fee cannot exceed 0.3% of the quotation price. *See* Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496 (June 29, 2005) (Regulation NMS Adopting Release). In addition, NASD is proposing a non-substantive change to replace the term “posted quote” with the term “published quotation.” As noted above, the effective date of the proposed rule change would be the date of Commission approval. NASD would publish a *Notice to Members* announcing Commission approval no later than 30 days following any such approval. 2. Statutory Basis NASD believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act, 12 which requires, among other things, that NASD rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. NASD believes that the proposed rule change is a reasonable means to ensure that access fees over a specified level are transparent to the marketplace. 12 15 U.S.C. 78o-3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition NASD does not believe that the proposed rule change would result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. However, as noted previously, the Commission published for comment proposed rule change SR-NASD-2005-095 and several comments concerning access fees were received. 13 The comments are summarized above. 13 *See* Letter from Andrew B. Stevens, Assistant General Counsel, NYSE Group, Inc., and Greg O'Connor, Director of Compliance, Archipelago Trading Services, Inc., to Nancy M. Morris, Secretary, Commission, dated February 14, 2007; Letter from Julian Rainero, on behalf of Pershing LLC, to Nancy M. Morris, Secretary, Commission, dated March 6, 2006; Letter from Patrick E. Brake, Jr., General Counsel, Hill, Thompson, Magid & Co., Inc., to Nancy M. Morris, Secretary, Commission, dated February 21, 2006; Letter from Jerry O'Connell, Chairman, Trading Committee, Securities Industry Association, to Nancy M. Morris, Secretary, Commission, dated February 17, 2006; Letter from William Yancey, Chairman, and John C. Giesea, President and Chief Executive Officer, Security Traders Association, to Nancy M. Morris, Secretary, Commission, dated February 8, 2006; Letter from R. Cromwell Coulson, Chief Executive Officer, Pink Sheets LLC, to Nancy M. Morris, Secretary, Commission, dated January 26, 2006; Letter from Phylis M. Esposito, Executive Vice President, Chief Strategy Officer, Ameritrade, Inc., to Nancy M. Morris, Secretary, Commission, dated January 24, 2006; Letter from Leonard J. Amoruso, Knight Capital Group, Inc., to Nancy M. Morris, Secretary, Commission, dated January 24, 2006; Letter from Michael Santucci, President, Kimberly Unger, Executive Director, and Stephen J. Nelson, Co-Chair, Security Traders Association of New York, Inc., to Nancy M. Morris, Secretary, Commission, dated January 24, 2006; Letter from Phylis M. Esposito, Executive Vice President, Chief Strategy Officer, Ameritrade, Inc., to Nancy M. Morris, Secretary, Commission, dated October 31, 2005; and Letter from Kevin J. P. O'Hara, Chief Administrative Officer & General Counsel, Archipelago Trading Services, Inc., to Nancy M. Morris, Secretary, Commission, dated September 23, 2005. 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-NASD-2007-029 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASD-2007-029. 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 office of NASD. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASD-2007-029 and should be submitted on or before June 1, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-9069 Filed 5-10-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55710; File No. SR-NFA-2007-03] Self-Regulatory Organization; National Futures Association; Notice of Filing and Immediate Effectiveness of Proposed Amendments to Compliance Rule 2-9 (Supervision) and the Interpretive Notice Regarding Compliance Rule 2-9 (Enhanced Supervisory Requirements) May 4, 2007. Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-7 thereunder, 2 notice is hereby given that on February 28, 2007, National Futures Association (“NFA”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change described in Items I, II, and III below, which Items have been substantially prepared by NFA. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. NFA, on February 27, 2007, submitted the proposed rule change to the Commodity Futures Trading Commission (“CFTC”) for approval. The CFTC approved the proposed rule change on March 28, 2007. 1 15 U.S.C. 78s(b)(7). 2 17 CFR 240.19b-7. I. Self-Regulatory Organization's Description of the Proposed Rules Section 15A(k) of the Act 3 makes NFA a national securities association for the limited purpose of regulating the activities of NFA members (“Members”) who are registered as brokers or dealers in security futures products under Section 15(b)(11) of the Exchange Act. 4 NFA's Interpretive Notice entitled “Compliance Rule 2-9: Enhanced Supervisory Requirements” (“Interpretive Notice”) applies to all Members who meet the criteria in the Interpretive Notice and could apply to Members registered under Section 15(b)(11). 3 15 U.S.C. 78o-3(k). 4 15 U.S.C. 78o(b)(11). The amendments to the Interpretive Notice: • Expand the definition of a Disciplined Firm to include firms that have been sanctioned by the CFTC or NFA during the preceding five years for using deceptive telemarketing practices or promotional material, even if the firm was not barred from the industry; and • Impose the enhanced supervisory requirements on firms that charge 50% or more of their customers round-turn commissions, fees, and other charges that total $100 or more per futures, forex, or option contract. The amendment to Compliance Rule 2-9(b) adds language specifically authorizing NFA's Board to establish criteria related to the employment history of a Member's principals and/or to the amount of commissions, fees, and other charges assessed by a Member when imposing the enhanced supervisory requirements on a Member. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rules NFA has prepared statements concerning the purpose of, and basis for, the proposed rule change, burdens on competition, and comments received from members, participants, and others. The text of these statements may be examined at the places specified in Item IV below. These statements are set forth in Sections A, B, and C below. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rules 1. Purpose NFA's Board of Directors adopted the original Interpretive Notice in January 1993. The Interpretive Notice requires a Member to undertake specific enhanced supervisory requirements if its sales force includes a specified number of individuals who have worked at Disciplined Firms or, in certain situations, when a Member becomes subject to a disciplinary action. 5 The Interpretive Notice and an enabling provision of NFA Compliance Rule 2-9(b) provide that affected Members may petition the Telemarketing Procedures Waiver Committee for relief from these obligations. 5 The Interpretive Notice currently provides that Member firms triggering the enhanced supervisory procedures must record all telephone conversations between the Member's APs and both existing and potential customers, submit all promotional material at least ten days prior to first use, adopt written supervisory procedures, and either operate under a guarantee agreement or maintain at least $250,000 in adjusted net capital (“ANC”). NFA's Board has amended the Interpretive Notice on eleven different occasions since it was first issued. The amendments have been based on various changes affecting the membership and on practical lessons learned from administering the Interpretive Notice over the years. The various amendments have at times expanded the scope of the Interpretive Notice and, at other times, have granted relief to the membership in situations when conditions indicated that it was warranted. For example, amendments were made due to the emergence of security futures products; in response to Members that reorganize their business to avoid the enhanced supervisory requirements; and in recognition that some associated persons (“APs”) who worked at Disciplined Firms long ago and/or for a short time who do not appear to pose an extraordinary risk to the public. a. Expansion of the Definition of Disciplined Firm Members currently qualify for the enhanced supervisory requirements if they hire a prescribed percentage of APs and principals who previously worked at Disciplined Firms. Disciplined Firms are defined in the Interpretive Notice as firms that have been formally charged by either the CFTC or NFA with using deceptive telemarketing practices or promotional material and have been permanently barred from the industry as a result of those charges. Disciplined Firms also include firms that have been barred by the NASD or the SEC for fraud-related sales practices involving security futures products. The amendments to the Interpretive Notice expand the definition of a Disciplined Firm beyond firms that have been permanently barred from the industry for sales practice or promotional material violations by adding firms that have been sanctioned in any way for those types of violations during the preceding five years. These amendments are consistent with the considerations cited by NFA's Board when it originally issued the Interpretive Notice in 1993 and are supported by information NFA gleaned in reviewing the firms that would be affected by the change. When NFA's Board first established the enhanced supervisory requirements, it noted in the Interpretive Notice that when a firm is closed for fraudulent sales tactics, it is reasonable to believe that the training and supervision that it gave its APs was “wholly inadequate or inappropriate.” The Board stated further that: It is also reasonable to conclude that an AP who received inadequate or inappropriate training and supervision may have learned improper sales tactics, which he will carry with him to his next job. Therefore, the Board believes that a Member firm employing such a sales force must have stringent supervision procedures in place in order to ensure that the improper training its APs have previously received does not taint their sales efforts on behalf of the Member. More than 140 former NFA Members are currently classified as Disciplined Firms. The amendments to the Interpretive Notice would add approximately 180 firms to the list of Disciplined Firms because they have received sanctions short of a permanent bar from the CFTC or NFA for sales practice and/or promotional material violations during the last five years. Members that would be added as Disciplined Firms would not themselves become subject to the enhanced supervisory requirements merely because they are now categorized as Disciplined Firms. Rather, the effect of the proposal would be that their APs and principals would have to be counted by present and future sponsors as having worked at a Disciplined Firm for purposes of determining whether the sponsor's employee mix triggered an obligation to adopt the enhanced supervisory requirements. The overall effect of the reclassification of the individuals who worked for the firms that would be added to the Disciplined Firm list under the proposal would be to obligate approximately forty-five additional active Members to adopt the enhanced supervisory requirements. By comparison, ten Members became subject to the enhanced supervisory requirements during 2005 and thirty-nine Members became subject to the requirements in 2006. 6 6 The increase in 2006 is largely attributable to the impact of revisions made to the Interpretive Notice in early 2006 and to adding a number of Members to the list of Disciplined Firms when charges against them were resolved with permanent bars. NFA's review of the disciplinary histories of the additional Members that would become subject to the enhanced supervisory requirements indicates that they have an incidence of disciplinary actions that far outstrips the industry average for sales practice and promotional material violations. In fact, eleven of these firms have already been subject to NFA or the CFTC actions alleging abusive sales practices and/or misleading promotional material. Based on the disciplinary history of these firms and the employment histories of their principals and APs, it is reasonable to conclude that they would benefit from the enhanced supervisory requirements “to ensure that the improper training [the firm's] APs have previously received does not taint their sales efforts on behalf of the Member.” b. Imposition of Enhanced Supervisory Requirements Based on Commissions and Fees NFA has also recently reviewed whether it is appropriate to impose the enhanced supervisory requirements on the few Members that charge commissions and fees that are substantially in excess of the normal range assessed by the general membership. NFA staff has reviewed the commission and fee structures of a number of Member firms which have been subject to disciplinary action and arbitration claims during recent years and has found that a significant correlation exists between firms that are cited as respondents in actions for misleading sales practices and firms that charge abnormally high commissions and fees. NFA reviewed the commission rates charged by Member firms that have been cited by the Business Conduct Committee for misleading sales practices over the last three years. All but one of the approximately twenty firms included in the group charged total round-turn commissions, mark-ups, fees, and other charges of between $95 and $250 per futures, forex, or option contract—with the strong majority of the firms skewing toward the high end of that range. In addition, NFA reviewed arbitration claims to determine if there was any correlation between claims and high commission rates. Five of the twelve firms that have been subject to the highest number of claims are small-to-medium-sized firms that charge commissions that compare to the high rates described above. Many of the claims against those firms included allegations of misleading sales practices. 7 7 Six large firms that charge commissions that are in line with industry norms are among the twelve Members that have been subject to the most arbitration claims made over the past three years. This is not surprising based on their size. The correlation between charging abnormally high commissions and fees and allegations of sales practice fraud suggests that firms that charge commissions that are significantly in excess of industry norms would benefit from the enhanced supervisory requirements. In particular, recording conversations with the public would give affected Members the opportunity to ensure that misrepresentations and failure to disclose costs would be detected and, hopefully, corrected. Based on this information, the Board amended the Interpretive Notice to impose the enhanced supervisory requirements on any Member firm that charges 50% or more of its active customers round-turn commissions, fees, and other charges that total $100 or more per futures, forex, or option contract. 8 In setting the amount of commissions at this level, NFA relied upon feedback from NFA's Advisory Committees and Joint Audit Committee representatives, and used data obtained in NFA's examinations of Member firms. This feedback suggests that Members that charge commissions and fees below this level are less likely to engage in fraudulent sales practices. 8 The term “active customers” means any customers who are entitled to a monthly statement under the provisions of CFTC Regulations § 1.33(a). The amended Interpretive Notice imposes a duty on Members to notify NFA if they charge round-turn commissions, fees, and other charges that reach the triggering levels specified in the Interpretive Notice. In addition, upon inquiry by NFA, Members have the burden of demonstrating that they do not meet the triggering levels. The amendments to the Interpretive Notice add the reasonableness of commissions and the effectiveness of any disclosure to customers regarding them to the list of factors that the Telemarketing Procedures Waiver Committee may consider in evaluating a waiver request. c. Exemptions for Certain Associated Persons The Interpretive Notice exempts two groups of APs who have previously worked at Disciplined Firms from being counted for purposes of calculating whether their current employer's sales force triggers the enhanced supervisory requirements. NFA's analysis shows that, in general, the APs covered by the exemptions do not pose a greater threat to the public than the overall population of APs. The first exempt group was created in 2003 and includes APs who worked for Disciplined Firms for less than 60 days and who have not been employed by any Disciplined Firm during the preceding five years. The second exempt group was created in April of 2006 and includes APs who worked at a single Disciplined Firm more than ten years ago and who have not worked for a Member that has been subject to any sales practice action by NFA or the CFTC since leaving the Disciplined Firm. The Interpretive Notice provides that those APs must not have been personally subject to disciplinary action by NFA or the CFTC. The amendments to the Interpretive Notice require APs who fall into the first exempt group to be treated consistently with those in the second group by also requiring them to be free from personal disciplinary action by NFA or the CFTC. d. Enhanced Adjusted Net Capital Requirement The Interpretive Notice currently requires all Members that are subject to the enhanced supervisory requirements to either operate pursuant to a guarantee agreement or to maintain ANC of at least $250,000, which has historically been the benchmark amount for FCMs required under NFA Financial Requirements. Revisions to NFA's Financial Requirements that raised the ANC requirements for Forex Dealer Members (“FDMs”) to $1,000,000 and for other FCMs to $500,000 became effective on July 31, 2006—thus rendering the current Interpretive Notice outdated as it applies to the ANC requirements for those Members. The ANC requirement for IBs was raised from $30,000 to $45,000 at the same time, but the new IB levels are still much less than the $250,000 required under the Interpretive Notice. The revised Interpretive Notice imposes an ANC requirement of $2,000,000 on FDMs and $1,000,000 on other FCMs that are subject to the enhanced supervisory requirements. The Interpretive Notice also makes it clear that the $250,000 increased ANC requirement applies to CTAs and CPOs as well as IBs. e. Miscellaneous Amendments In giving the option to Members that qualify for the enhanced supervisory procedures to either operate under a guarantee agreement or maintain at least $250,000 in ANC, the current language of the Interpretive Notice limits the pool of potential guarantors to FCMs that meet the eligibility requirements for executing a Supplemental Guarantor Certification Statement (“SGCS”) pursuant to NFA Registration Rule 504(a)(2)(B). Changes have been made to NFA's Registration Rules since the inclusion of the reference to NFA Registration Rule 504(a)(2)(B) in the Interpretive Notice and, in fact, the Registration Rule provision cited in the Interpretive Notice no longer exists. A technical amendment to the Interpretive Notice deletes the reference to defunct NFA Registration Rule 504(a)(2)(B) and replaces it with a reference to NFA Registration Rule 509(b)(5), which contains comparable provisions for eligibility to execute an SGCS. Most Members that are required to record conversations with customers use standard format audio cassette recordings or commonly used digital recording programs. However, there have been several instances in which Members have provided recordings to NFA that are in outdated or exotic media formats. NFA has occasionally had to go to extraordinary lengths in order to hear and understand the contents of some of those recordings. In one case, NFA Compliance staff auditors had to travel to the FBI facility at Quantico, Virginia to listen to tapes because the FBI had one of the few machines capable of playing back recordings produced by a Member and the firm had represented that its outdated machinery was irreparably damaged. The amended Interpretive Notice requires Members subject to enhanced supervisory requirements to promptly provide NFA or the CFTC with the appropriate resources for listening to the recording upon request. Obviously, such a request would be rare but the addition would be of great benefit in certain circumstances and would likely encourage affected Members to use standard media formats in the first place. NFA Compliance Rule 2-9(b) authorizes NFA's Board to establish criteria for becoming subject to the enhanced supervisory requirements. The existing rule explicitly authorizes the Board to establish those criteria based on the employment history of a firm's APs but does not mention either the employment history of a Member's principals or the amount of commissions, fees and other charges assessed by a Member. The amendments to the rule add this language. 2. Statutory Basis NFA has filed these proposed regulations pursuant to Section 19(b)(7) of the Act. 9 The rule change is authorized by, and consistent with, Section 15A(k) of the Act. 9 15 U.S.C. 78s(b)(7). B. Self-Regulatory Organization's Statement on Burden on Competition The rule change will not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act and the Commodity Exchange Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rules Received From Members, Participants, or Others NFA did not publish the rule change to the membership for comment but did discuss it with NFA's FCM, IB and CPO/CTA Advisory Committees. NFA did not receive comment letters concerning the rule change. III. Date of Effectiveness of the Proposed Rules and Timing for Commission Action On February 27, 2007, NFA submitted the proposed amendments to NFA's Compliance Rule 2-9 and the Interpretive Notice to the CFTC for approval. The proposed rule change has become effective on March 28, 2007, the date of approval of the proposed rule change by the CFTC. Within 60 days of the date of effectiveness of the proposed rule change, the Commission, after consultation with the CFTC, may summarily abrogate the proposed rule change and require that the proposed rule change be refiled in accordance with the provisions of Section 19(b)(1) of the Exchange Act. 10 10 15 U.S.C. 78s(b)(1). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NFA-2007-03 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-NFA-2007-03. 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 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-NFA-2007-03 and should be submitted on or before June 1, 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. E7-9071 Filed 5-10-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55716; File No. SR-OCC-2006-15] Self-Regulatory Organizations; The Options Clearing Corporation; Order Granting Approval of a Proposed Rule Change Relating to the Approval of Fund Shares Deposited as Margin May 7, 2007. I. Introduction On August 31, 2006, The Options Clearing Corporation (“OCC”) filed with the Securities and Exchange Commission (“Commission”) proposed rule change SR-OCC-2006-15 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”). 1 Notice of the proposal was published in the **Federal Register** on March 29, 2007. 2 No comment letters were received. For the reasons discussed below, the Commission is granting approval of the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 Securities Exchange Act Release No. 55504 (March 21, 2007), 72 FR 14844. II. Description The proposed rule change eliminates the requirement that OCC's Membership/Risk Committee approve classes of fund shares ( *e.g.* , ETFs) for deposit as margin. It deletes Interpretation and Policy .11 to Rule 604, Forms of Margin, which requires that OCC's Membership/Risk Committee approve classes of fund shares for deposit as margin. Committee approval was deemed to be a prudent safeguard when OCC began accepting fund shares for deposit in 1997 because fund shares had only been trading since 1993, and OCC was not as familiar with them as it is today. 3 In 1998, OCC began clearing options on fund shares. 4 Since then, fund shares have become a widely used investment tool, and OCC has developed a broad understanding of the fund share marketplace. In light of these developments, OCC believes that fund shares should be accepted as margin under the same conditions that apply to the deposit of other equity securities without the need for Committee approval. 3 Securities Exchange Act Release No. 39104 (September 22, 1997), 62 FR 50647 (September 29, 1997) (File No. SR-OCC-97-01). 4 Securities Exchange Act Release No. 40132 (June 25, 1998), 63 FR 36467 (July 6, 1998) (File No. SR-OCC-97-02). III. Discussion Section 17A(b)(3)(F) of the Act requires, among other things, that the rules of a clearing agency be designed to assure the safeguarding of securities and funds which are in its custody or control or for which it is responsible. 5 OCC's Rule 604 provides that OCC may accept cash, letters of credit, and certain types of liquid securities. In our approval order of the 1997 proposed rule change to allow OCC to accept fund shares as margin, we noted that fund shares are typically traded and cleared like common stock and are typically held in book-entry form at a securities depository in which OCC can readily perfect a security interest. 6 Given the liquid nature of fund shares and OCC's increased experience with evaluating the risks associated with fund shares, we are satisfied with OCC's determination that it is no longer necessary for its Membership/Risk Committee to approve classes of fund shares before the fund shares can be deposited as margin. Accordingly, the proposed rule should not affect OCC's obligation to assure the safeguarding of securities and funds which are in its custody or control or for which it is responsible. 5 15 U.S.C. 78q-1(b)(3)(F). 6 Securities Exchange Act Release No. 39104 (September 22, 1997), 62 FR 50647 (September 29, 1997) (File No. SR-OCC-97-01). IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 17A of the Act and the rules and regulations thereunder. 7 7 In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, that the proposed rule change (File No. SR-OCC-2006-15) be and hereby is approved. For the Commission by the Division of Market Regulation, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-9086 Filed 5-10-07; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Aviation Proceedings, Agreements Filed the Week Ending April 27, 2007 The following Agreements were filed with the Department of Transportation under the Sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1383 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. *Docket Number:* OST-2007-28027. *Date Filed:* April 23, 2007. *Parties:* Members of the International Air Transport Association. *Subject:* Mail Vote 534—Resolution 010q, TC3/TC23 Special Passenger Amending, Resolution from Sri Lanka, (Memo 1084), Intended effective date: 1 May 2007. *Docket Number:* OST-2007-28038. *Date Filed:* April 24, 2007. *Parties:* Members of the International Air Transport Association. *Subject:* PSC/RESO/137 dated March 20, 2007, Finally Adopted Resolutions & Recommended Practices, PSC/MINS/019 dated March 20, 2007, Intended effective date: 1 June 2007. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7-9081 Filed 5-10-07; 8:45 am] BILLING CODE 4910-9X-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 27, 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-2007-27060. *Date Filed:* April 24, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 15, 2007 *Description:* Application of Zoom Airlines Limited, amending its exemption and foreign air carrier permit to add a request for authority to serve Bermuda (“BRA”) as an intermediate point on its proposed scheduled service between London Gatwick Airport (“LGW”) and John F. Kennedy International Airport (“JFK”). *Docket Number:* OST-2007-28046. *Date Filed:* April 24, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 15, 2007 *Description:* Application of Air Executive Charter GmbH (“Air Executive Charter”), requesting an exemption and a foreign air carrier permit authorizing Air Executive Charter to provide the following service using small aircraft:

(a)Charter foreign air transportation of persons, property and mail between any point or points in Germany and any point or points in the United States; and between any point or points in the United States and any point or points in a third country or countries, provided that such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Germany for the purpose of carrying local traffic between Germany and the United States;

(b)effective March 30, 2008, charter foreign air transportation of persons, property and mail from points behind EU Member States, via the EU Member States and intermediate points to any point or points in the United States and beyond;

(c)effective March 30, 2008, charter foreign air transportation of persons, property and mail between any point or points in the United States and any point or points in the European Common Aviation Area (“ECAA”); and

(d)other charters between non-EU/ECAA third countries and the United States. *Docket Number:* OST-2007-28073. *Date Filed:* April 27, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 18, 2007. *Description:* Application of Star Air A/S, requesting an exemption and a foreign air carrier permit to provide charter foreign air transportation of property and mail on any and all routes authorized pursuant to the Agreement between the Government of the United States of America and the Government of Denmark Relating to Air Transport Services (“U.S.-Denmark Open Skies Agreement”). *Docket Number:* OST-2007-28087. *Date Filed:* April 27, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* May 18, 2007. *Description:* Application of ABX Air, Inc. (“ABX”), requesting the Department of Transportation disclaim jurisdiction over the transfer of the certificate of public convenience and necessity and other operating authority issued to ABX to facilitate the formation by ABX of a holding company. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7-9080 Filed 5-10-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA-2007-28076] Agency Information Collection Activities: Notice of Request for Reinstatement of a Previously Approved Collection for Which Approval Has Expired AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of Request for Reinstatement of a previously approved collection for which approval has expired. SUMMARY: The FHWA invites public comments about our intention to request the Office of Management and Budget's

(OMB)approval for reinstatement of a previously approved collection for which approval has expired: It is summarized below under Supplementary Information. We are required to publish this notice in the **Federal Register** by the Paperwork Reduction Act of 1995. DATES: Please submit comments by July 10, 2007. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FHWA-2007-28076 by any of the following methods: • *Web Site: http://dms.dot.gov* . Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or to Room 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Heather Contrino, 202-366-5060, or Ralph Gillman, 202-366-5042, Office of Highway Policy Information, Federal Highway Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: *Title:* National Household Travel Survey. *OMB Control #:* 2125-0545. *Background:* The collection of passenger travel data is authorized in The Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users of 2005 (SAFETEA-LU) in Title 49, U.S.C. 301. In addition, Title 23, Section 307 authorizes the DOT to engage in studies to collect data for planning future highway programs. The 2008 National Household Travel Survey

(NHTS)will provide an updated benchmark of travel activity and a measure of the impact of household travel behavior on system performance including safety, accessibility, economic factors, and congestion. This continuity is important in identifying, assessing, and forecasting travel trends. The many changes in travel and the related social patterns point to the need for a 2008 NHTS. Continuing changes in household structure, commuting levels and patterns, the location of households and workplaces, and increases in the mobility of the older population, as well as issues of air quality and traffic congestion, have all resulted in significant changes in travel in recent years. Historically, FHWA has had the responsibility for the administration of the NHTS. FHWA coordinates with other agencies within the DOT on information needs and program applications. The Bureau of Transportation Statistics (BTS), National Highway Traffic Safety Administration (NHTSA), and the Federal Transit Administration

(FTA)have provided supplemental funding in past NHTS program activities. In addition, several organizations outside DOT rely on the NHTS for transportation information relating to health (Centers for Disease Control), energy consumption (Energy Information Administration), and emergency planning (Department of Homeland Security). The Department of Transportation has a continuing need for current and improved data to determine the nature and extent of present travel needs and to plan for meeting the nation's travel needs of the future. Specifically, data is needed to: • Examine the availability and use of transportation to various population groups, including those whose mobility has historically been lower than that of the general population, such as the elderly, low-income, people of color, and new immigrants; • Identify factors affecting the use of private vehicles and other means of transportation as they relate to trip purposes including travel to work, school, shopping, medical care and other personal business, and social and recreational travel; • Forecast trends in highway transportation in light of projected demographic changes; • Obtain the public's response to changes in transportation systems and services; • Evaluate factors relating to the safety of the surface transportation system; • Provide data for the evaluation of the impacts of various policy initiatives; and • Provide cost-effective information that supports transportation planning and decision-making by Federal, State, and local governments. The DOT uses the data to analyze the amount and nature of household travel, the relationship between socio-economic characteristics and travel patterns, and trends in passenger travel. Because demographic information is collected on each person and each household surveyed in the NHTS, the dataset is excellent for describing travel behavior of population groups. The transportation community has seen the influence of changes in travel behavior on the amount and type of travel demand, including the increasing participation of women in the workforce, trip chaining for other purposes as part of the work journey, an increase in single-occupant vehicles, and increased development of the outer suburbs and exurbs, and changes in household structure. NHTS is also critical in assessing emerging travel roles of older populations and how this is changing over time, as the older cohort is more and more composed of those who have grown up driving. Understanding household travel today means understanding the complexity and variety of travel needs under these changing conditions. As our society addresses air quality and congestion issues, it is vital that the various trends be understood along with their implications for the different segments of the population. *Respondents:* Approximately 25,000 households will complete the survey. The survey households will be selected using random digit dialing (RDD). The NHTS is a 2-stage study. In the first stage, households are contacted via computer assisted telephone interviewing

(CATI)to collect basic information about the household and its vehicles. During this initial contact, households are recruited to participate in the diary phase (stage 2) of the study. Each household is assigned a specific travel day and asked to record details about each trip taken on that day. The stage 2 trip information is obtained via computer assisted telephone interviewing (CATI). *Frequency:* The NHTS has been conducted by the DOT every 5-7 years since 1969. The 2008 NHTS will be conducted during calendar year 2008. *Estimated Average Burden per Response:* The estimated burden per household averages 68 minutes, which includes interviewing an average of 2.5 persons per household. The burden per person averages 20 minutes for the interview and another 7 minutes for keeping the diary. *Estimated Total Annual Burden Hours:* The estimated total annual burden hours are 28,333. *Public Comments Invited:* You are asked to comment on any aspect of this information collection, including:

(1)Whether the proposed collection is necessary for the FHWA's performance;

(2)the accuracy of the estimated burdens;

(3)ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and

(4)ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 23 U.S.C. 307; 49 CFR 1.48. Issued On: May 4, 2007. James R. Kabel, Chief, Management Programs and Analysis Division. [FR Doc. E7-9064 Filed 5-10-07; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-07-3] Hazardous Materials: Reducing the Risk of Hazardous Materials Incidents During Loading and Unloading Operations AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of public workshop on loading/unloading practices. SUMMARY: As part of PHMSA's efforts to review bulk loading and unloading of hazardous materials and to develop risk reduction strategies, the agency invites interested persons to participate in a public workshop that will examine industry data, identify industry best practices and standards, discuss the role of recommended practices for loading and unloading, and consider industry actions that have the potential to reduce risk during loading and unloading. PHMSA seeks the broadest participation of industry, federal agencies, state and local government, standards organizations, the emergency response community, employee groups, environmental and public interest organizations, and the public. PHMSA seeks individuals and organizations willing to speak at the public workshop. Interested persons are invited to submit papers on related topics. DATES: *Public meeting* : June 14, 2007, starting at 9 a.m. ADDRESSES: *Public meeting:* The meeting will be held at Lowe's L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC 20024. For information on the facilities or to request special accommodations at the meeting, please contact Mr. Rick Boyle by telephone or e-mail as soon as possible. *Written Comments:* Written comments may be submitted and identified by DOT DMS Docket Number PHMSA-07-3 by any of the following methods: • *Web site:* *http://dms.dot.gov* . Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Mr. Rick Boyle, Office of Hazardous Materials Technology, Pipeline and Hazardous Materials Technology, 1200 New Jersey Avenue, SE., Washington, DC 20590, phone number:

(202)366-4545, e-mail: *rick.boyle@dot.gov* , or, Mr. Douglas Reeves, Office of Hazardous Materials Technology, Pipeline and Hazardous Materials Technology, 1200 New Jersey Avenue, SE., Washington, DC 20590, phone number:

(202)366-4545, e-mail: *douglas.reeves@dot.gov* . SUPPLEMENTARY INFORMATION: I. Background A recent PHMSA review of bulk loading and unloading incidents over the past decade suggests roughly one quarter to one half of overall hazardous materials transportation incidents may be attributable to loading and unloading operations, particularly bulk packages. We also note that a significant proportion of National Transportation Safety Board

(NTSB)hazardous materials accident reports over this period address safety concerns regarding bulk loading or unloading operations. II. Purpose of Public Workshop PHMSA is using an enterprise approach, bringing all stakeholders together for conceptual discussions, to examine the bulk loading and unloading issue and the range of potential industry actions to reduce risk in the transportation of hazardous materials. This public workshop is an early step in this effort. The workshop will consist of a series of panel presentations on specific topics followed by discussions of the issues involved. We anticipate that the panels will cover incident data and relevant NTSB accident reports; loading and unloading procedures, including existing recommended practices and potential gaps; assessment; training; and emergency response. An ad-hoc industry working group has submitted a draft recommended practice on contents of bulk loading and unloading procedures. PHMSA encourages all stakeholders to review the draft available in the docket as a starting point for discussions. The public may attend and participate in this workshop without prior notification; however, to structure the event to best utilize technical experience in attendance, PHMSA asks that individuals submit information, if possible, on their areas of expertise and interests prior to the workshop. Individuals who wish to make presentations on the panels should contact Mr. Rick Boyle or Mr. Douglas Reeves and make arrangements to participate on the panels prior to the workshop. PHMSA plans to invite specific individuals and Federal agency representatives to make presentations as the workshop agenda is developed. Advance material that should be reviewed prior to the workshop can be found in the docket or at *http://primis.phmsa.dot.gov/meetings* . Directions to the workshop location, the workshop agenda, an attendee information submittal form, and the draft recommended practice on contents of bulk loading and unloading procedures can be found at these locations. PHMSA also invites interested persons who are unable to attend the public workshop and who have an interest in bulk loading and unloading of hazardous materials to submit comments pertinent to panels and topics identified in the workshop agenda or to provide any relevant information or data to the DOT Docket Management System Docket Number PHMSA-07-3. Comments may be submitted by any method noted in the ADDRESSES section above. Issued in Washington, DC on May 7, 2007, under authority delegated in 49 CFR part 106. Theodore L. Willke, Acting Associate Administrator for Hazardous Materials Safety. [FR Doc. E7-9066 Filed 5-10-07; 8:45 am] BILLING CODE 4910-60-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-511 (Sub-No. 3X)] Central Railroad Company of Indianapolis—Discontinuance of Service Exemption—in Grant County, IN On April 23, 2007, Central Railroad Company of Indianapolis

(CERA)filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to discontinue service over a 2.36-mile line of railroad between milepost TS-154.65, near Marion, and milepost TS-157.01, near West Marion Belt, in Grant County, IN. 1 The line traverses U.S. Postal Service Zip Codes 46952 and 46953, and does not include any stations. 1 CERA operates the line under trackage rights granted to it by Norfolk Southern Railway Company. The line does not contain Federally granted rights-of-way. Any documentation in CERA's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by August 10, 2007. Any offer of financial assistance

(OFA)to subsidize continued rail service under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,300 filing fee. *See* 49 CFR 1002.2(f)(25). 2 2 Because this is a discontinuance of service proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Similarly, no environmental or historic documentation is required under 49 CFR 1105.6(c)(2) and 1105.8(e). All filings in response to this notice must refer to STB Docket No. AB-511 (Sub-No. 3X) and must be sent to:

(1)Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001; and

(2)Louis E. Gitomer, Esq., 600 Baltimore Avenue, Suite 301, Towson, MD 21204. Replies to the petition are due on or before May 31, 2007. Persons seeking further information concerning discontinuance procedures may contact the Board's Office of Public Services at

(202)245-0230 or refer to the full abandonment and discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis at

(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.] Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* By the Board, David M. Konschnik, Director, Office of Proceedings. Decided: May 4, 2007. Vernon A. Williams, Secretary. [FR Doc. E7-9002 Filed 5-10-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35020] Northern and Bergen Railroad, L.L.C.—Acquisition Exemption—a Line of Railroad Owned by New York & Greenwood Lake Railway Northern and Bergen Railroad, L.L.C. (NBR), a noncarrier, has filed a notice of exemption under 49 CFR 1150.31 to acquire (by purchase) 1.1 miles of rail line from the New York & Greenwood Lake Railway. The line to be acquired extends from milepost 0.0, at or near the connection with the track of Norfolk Southern Railway Company in the Borough of Garfield, Bergen County, NJ, to milepost 1.1, at or near the intersection of South and Fourth Streets in the City of Passaic, Passaic County, NJ. NBR certifies that the projected annual freight revenues as a result of this transaction will not exceed the amounts that would qualify it as a Class III railroad. The earliest this transaction may be consummated is May 26, 2007, the effective date of the exemption (30 days after the exemption was filed). NBR indicates that it intends to consummate the transaction on or before May 31, 2007, but not before May 26, 2007. If the verified notice contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Petitions for stay must be filed no later than May 18, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35020, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Jeffrey O. Moreno, Esq., Thompson Hine LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036-1600. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: May 4, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-9114 Filed 5-10-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision Submission for OMB Review; comment request—CRA Sunshine AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review and approval, as required by the Paperwork Reduction Act of 1995. OTS is soliciting public comments on the proposal. DATES: Submit written comments on or before June 11, 2007. ADDRESSES: Send comments, referring to the collection by title of the proposal or by OMB approval number, to OMB and OTS at these addresses: Office of Information and Regulatory Affairs, Attention: Desk Officer for OTS, U.S. Office of Management and Budget, 725—17th Street, NW., Room 10235, Washington, DC 20503, or by fax to

(202)395-6974; and Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, by fax to

(202)906-6518, or by e-mail to *infocollection.comments@ots.treas.gov.* OTS will post comments and the related index on the OTS Internet Site at *http://www.ots.treas.gov.* In addition, interested persons may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment, call

(202)906-5922, send an e-mail to *public.info@ots.treas.gov,* or send a facsimile transmission to

(202)906-7755. FOR FURTHER INFORMATION CONTACT: For further information or to obtain a copy of the submission to OMB, please contact Marilyn K. Burton at *marilyn.burton@ots.treas.gov,*

(202)906-6467, or facsimile number

(202)906-6518, Litigation Division, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an information collection, and respondents are not required to respond to an information collection, unless the information collection displays a currently valid OMB control number. As part of the approval process, we invite comments on the following information collection. *Title of Proposal:* CRA Sunshine. *OMB Number:* 1550-0105. *Form Number:* N/A. *Regulation requirement:* 12 CFR part 533. *Description:* This submission covers an extension of OTS's currently approved information collection contained in 12 CFR part 533. The submission involves no change to the regulations or to the information collection requirements. The information collection requirements contained in the regulations are as follows: Section 533.6(b)(1) requires each nongovernmental entity or person

(NGEP)and each insured depository institution

(IDI)or affiliate that enters into a covered agreement to make a copy of the covered agreement available to any individual or entity upon request. Section 533.6(c)(1) requires each NGEP that is a party to a covered agreement to provide within 30 days after receiving a request from the relevant supervisory agency

(1)a complete copy of the agreement; and

(2)in the event the NGEP seeks confidential treatment of any portion of the agreement under FOIA, a copy of the agreement that excludes information for which confidential treatment is sought and an explanation justifying the request. Sections 533.6(d)(1)(i) and 533.6(d)(1)(ii) require each IDI or affiliate within 60 days of the end of each calendar quarter to provide each supervisory agency with either

(1)a complete copy of each covered agreement entered into by the IDI or affiliate during the calendar quarter; and in the event the IDI or affiliate seeks confidential treatment of any portion of the agreement under FOIA, a copy of the agreement that excludes information for which confidential treatment is sought and an explanation justifying the request; or

(2)a list of all covered agreements entered into by the IDI or affiliate during the calendar quarter. Section 533.6(d)(2) requires an IDI or affiliate to provide any relevant supervisory agency with a complete copy and public version of any covered agreement, if the IDI or affiliate submits a list of its covered agreements pursuant to § 533.6(d)(1)(ii). Section 533.7(b) requires each NGEP and IDI or affiliate that is a party to a covered agreement to file an annual report with each relevant supervisory agency concerning the disbursement, receipt, and uses of funds or other resources under the covered agreement. Section 533.7(f)(2)(ii) requires an IDI or affiliate that receives an annual report from a NGEP pursuant to § 533.7(f)(2)(i) to file the report with the relevant supervisory agency or agencies on behalf of the NGEP within 30 days. Section 533.4(b) requires an IDI or affiliate that is party to a covered agreement that concerns any activity described in § 533.4(a) of a CRA affiliate to notify each NGEP that is a party to the agreement that the agreement concerns a CRA affiliate. Current Actions The current estimate is based on the actual number of IDIs or their affiliates that reported covered agreements to the agencies in 2004 and 2005. The number of NGEP respondents is based on an assumption that one NGEP is a party to each covered agreement. *Type of Review:* Renewal. *Affected Public:* Businesses or other for-profit; individuals. *Estimated Number of Respondents:* 12 IDI; 1 NGEP. *Estimated Number of Responses:* 842. *Estimated Frequency of Response:* On occasion. *Estimated Total Burden:* 439 hours. *Clearance Officer:* Marilyn K. Burton,

(202)906-6467, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. *OMB Reviewer:* Desk Officer for OTS, Fax:

(202)395-6974, U.S. Office of Management and Budget, 725—17th Street, NW., Room 10235, Washington, DC 20503. Dated: May 7, 2007. Deborah Dakin, Senior Deputy Chief Counsel, Regulations and Legislation Division. [FR Doc. E7-9133 Filed 5-10-07; 8:45 am] BILLING CODE 6720-01-P DEPARTMENT OF THE TREASURY United States Mint Notification of United States Mint Coin Product Price Adjustments SUMMARY: The United States Mint is increasing prices for the 2007 American Eagle Platinum Proof and Uncirculated Coins. The United States Mint is increasing the prices for 2007 American Eagle Platinum Proof and Uncirculated Coins effective with these products' release date, scheduled for May 17, 2007. The price increase from last year is due to higher platinum metal costs. The new prices are effective May 17, 2007, when the United States Mint will commence selling the 2007 American Eagle Platinum Coins at the prices indicated below: Product New 2007 price 2007 One Ounce Platinum Proof Coin $1,599.95 2007 One-Half Ounce Platinum Proof Coin 809.95 2007 One-Quarter Ounce Platinum Proof Coin 439.95 2007 One-Tenth Ounce Platinum Proof Coin 229.95 2007 Four-Coin Platinum Proof Set 2,949.95 2007 One Ounce Platinum Uncirculated Coin 1,489.95 2007 One-Half Ounce Platinum Uncirculated Coin 759.95 2007 One-Quarter Ounce Platinum Uncirculated Coin 399.95 2007 One-Tenth Ounce Platinum Uncirculated Coin 189.95 2007 Four-Coin Platinum Uncirculated Set 2,769.95 FOR FURTHER INFORMATION CONTACT: Gloria Eskridge, Associate Director for Sales and Marketing; United States Mint; 801 Ninth Street, NW.; Washington, DC 20220; or call 202-354-7500. Authority: 31 U.S.C. 5111, 5112 & 9701. Dated: May 8, 2007. Edmund C. Moy, Director, United States Mint. [FR Doc. E7-9135 Filed 5-10-07; 8:45 am] BILLING CODE 4810-02-P 72 91 Friday, May 11, 2007 Presidential Documents Title 3— The President Executive Order 13431 of May 8, 2007 Establishment of Temporary Organization To Facilitate United States Government Assistance for Transition in Iraq By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 202 of the Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United States Code, it is hereby ordered as follows: **Section 1.** *Establishment* . There is established within the Department of State, in accordance with section 3161 of title 5, United States Code, a temporary organization to be known as the Iraq Transition Assistance Office (ITAO). **Sec. 2.** *Purpose of the Temporary Organization* . The purpose of the ITAO shall be to perform the specific project of supporting executive departments and agencies in concluding remaining large infrastructure projects expeditiously in Iraq, in facilitating Iraq's transition to self-sufficiency, and in maintaining an effective diplomatic presence in Iraq. **Sec. 3.** *Functions of the Temporary Organization* . In carrying out its purpose set forth in section 2, the ITAO shall:

(a)support executive departments and agencies in Iraq in their implementation of United States Government foreign assistance in Iraq;

(b)continue coordination, oversight, and reporting concerning remaining Iraq Relief and Reconstruction Fund

(IRRF)monies;

(c)assume the functions assigned to the Iraq Reconstruction Management Office

(IRMO)remaining as of the date of this order; and

(d)perform such other functions related to the specific project set forth in section 2 as the Secretary of State (Secretary) may assign. **Sec. 4.** *Personnel and Administration* .

(a)The ITAO shall be headed by a Director selected by the Secretary.

(b)The Secretary shall transfer from the IRMO to the ITAO the personnel, assets, liabilities, and records of the IRMO. **Sec. 5.** *General Provisions* .

(a)This order shall be implemented in accordance with applicable law, subject to the availability of appropriations, and consistent with presidential guidance.

(b)This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.

(c)The ITAO shall terminate at the end of the maximum period permitted by section 3161(a)(1) of title 5, United States Code, unless sooner terminated by the Secretary. GWBOLD.EPS THE WHITE HOUSE, May 8, 2007. [FR Doc. 07-2367 Filed 5-10-07; 8:45 am]

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