Notices. Notice of pending NRC action to submit an information collection request to the Office of Management and Budget (OMB) and solicitation of public comment
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BILLING CODE 7555-01-M NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget
(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection* : 10 CFR Part 34—Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations. 2. *Current OMB approval number* : OMB No. 3150-0007. 3. *How often the collection is required* : Applications for new licenses and amendments may be submitted at any time. Applications for renewal are submitted every 10 years. Reports are submitted as events occur. 4. *Who is required or asked to report* : Applicants for and holders of specific licenses authorizing the use of licensed radioactive material for radiography. 5. The number of annual respondents: 253 (55 NRC licensees and 198 Agreement State licensees). 6. *The number of hours needed annually to complete the requirement or request* : 199,176 hours. The NRC licensees total burden is 43,397 hours (72 reporting hrs [an average of 1.2 hours per response] plus 43,325 recordkeeping hrs [an average of 383 hours per recordkeeper]). The Agreement State licensees total burden is 155,728 hours (269 reporting hrs [an average of 1.4 hour per response] plus 155,459 recordkeeping hrs [an average of 382 hours per recordkeeper]). 7. *Abstract* : 10 CFR Part 34 establishes radiation safety requirements for the use of radioactive material in industrial radiography. The information in the applications, reports and records is used by the NRC staff to ensure that the health and safety of the public is protected and that licensee possession and use of source and byproduct material is in compliance with license and regulatory requirements. Submit, by July 17, 2007, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html* . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to *INFOCOLLECTS@NRC.GOV* . Dated at Rockville, Maryland, this 7th day of May, 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-9607 Filed 5-17-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget
(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection:* 10 CFR Part 70—Domestic Licensing of Special Nuclear Material. 2. *Current OMB approval number:* OMB No. 3150-0009. 3. *How often the collection is required:* Required reports are collected and evaluated on a continuing basis as events occur. Applications for new licenses and amendments may be submitted at any time. Generally, renewal applications are submitted every ten years and for major fuel cycle facilities updates of the safety demonstration section are submitted every two years. Nuclear material control and accounting information is submitted in accordance with specified instructions. 4. *Who is required or asked to report:* Applicants for and holders of specific NRC licenses to receive title to, own, acquire, deliver, receive, possess, use, or initially transfer special nuclear material. 5. *The number of annual respondents:* 1,256 (655 plus 601 recordkeepers). 6. *The number of hours needed annually to complete the requirement or request:* 89,465 (81,765 reporting hours + 7,700 recordkeeping hours) or an average of 125 hours per response (81,765 reporting burden hours/655 responses) and an average of 13 hours per recordkeeper (7,700 recordkeeping burden hours/601 recordkeepers). 7. *Abstract:* Part 70 establishes requirements for licenses to own, acquire, receive, possess, use, and transfer special nuclear material. The information in the applications, reports, and records is used by NRC to make licensing and other regulatory determinations concerning the use of special nuclear material. The revised estimate of burden reflects the addition of requirements for documentation for termination or transfer of licensed activities, and modifying licenses. Submit, by July 17, 2007, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to *INFOCOLLECTS@NRC.GOV.* Dated at Rockville, Maryland, this 7th day of May 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-9613 Filed 5-17-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget
(OMB)and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. *The title of the information collection:* 10 CFR Part 4, “Nondiscrimination in Federally Assisted Commission Programs”. 2. *Current OMB approval number:* OMB No. 3150-0053. 3. *How often the collection is required:* On occasion and annually. 4. Who is required or asked to report Recipients of Federal Financial Assistance provided by the NRC (including Agreement States, Educational Institutions and Other Nonprofit Organizations). 5. *The number of annual respondents:* 200. 6. *The number of hours needed annually to complete the requirement or request:* 3,600 hours (3,000 hrs for reporting or 5 hours per response/ 3 responses per year and 600 hours for recordkeeping or 3 hours per recordkeeper). 7. *Abstract:* Recipients of NRC financial assistance provide data to demonstrate assurance to NRC that they are in compliance with non-discrimination regulations and policies. Submit, by July 17, 2007, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to *INFOCOLLECTS@NRC.GOV.* Dated at Rockville, Maryland, this 14th day of May 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-9646 Filed 5-17-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Meeting Notice In accordance with the purposes of Sections 29 and 182b. of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards
(ACRS)will hold a meeting on June 6-8, 2007, 11545 Rockville Pike, Rockville, Maryland. The date of this meeting was previously published in the **Federal Register** on Wednesday, November 15, 2006 (71 FR 66561). Wednesday, June 6, 2007, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-10 a.m.: Draft NUREG-1852, “Demonstrating the Feasibility and Reliability of Operator Manual Actions in Response to Fire”* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding NUREG-1852 and related matters. *10:15 a.m.-12:15 a.m.: Maximum Extended Load and Line Limit Analysis Plus (MELLLA+) and Supporting Topical Reports* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and General Electric Nuclear Energy
(GENE)regarding GENE's MELLLA+ and supporting Topical Reports, and related matters. *1:15 p.m.-3:15 p.m.: Overview of the PHEBUS-FP Experimental Program and Results of Recent Tests* (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the PHEBUS-FP experimental program and results of recent tests. *3:30 p.m.-3:45 p.m.: Subcommittee Report* (Open)—The Committee will hear a report by the Chairman of the ACRS Plant License Renewal Subcommittee regarding interim review of the license renewal application for the Vermont Yankee Nuclear Plant. *3:45 p.m.-4:45 p.m.: Status Report on the Quality Assessment of Selected NRC Research Projects* (Open)—The Committee will hold discussions with the members of the ACRS panels regarding the status of their assessment of the quality of the NRC research projects on: Fatigue Crack Flaw Tolerance in Nuclear Power Plant Piping, and Technical Review of the Online Monitoring Techniques for Performance Assessment. *5 p.m.-7 p.m.: Preparation of ACRS Reports* (Open)—The Committee will discuss proposed ACRS reports on matters considered during this meeting. Thursday, June 7, 2007, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-8:35 a.m.: Opening Remarks by the ACRS Chairman* (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. *8:35 a.m.-9:30 a.m.: Future ACRS Activities/Report of the Planning and Procedures Subcommittee* (Open)—The Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the full Committee during future meetings. Also, it will hear a report of the Planning and Procedures Subcommittee on matters related to the conduct of ACRS business, including anticipated workload and member assignments. *9:30 a.m.-9:45 a.m.: Reconciliation of ACRS Comments and Recommendations* (Open)—The Committee will discuss the responses from the NRC Executive Director for Operations to comments and recommendations included in recent ACRS reports and letters. *10 a.m.-10:30 a.m.: Election of Member-at-Large* (Open)—The Committee will elect a Member-at-Large for the ACRS Subcommittee on Planning and Procedures. *10:30 a.m.-12:15 p.m.: Preparation for Meeting with the NRC Commissioners* (Open)—The Committee will discuss the following topics scheduled for discussion during the meeting with the NRC Commissioners on June 7, 2007: Framework for Future Plant Licensing, Digital I&C Activities, License Renewal/Extended Power Uprates, and Human Reliability Analysis Models. *1:30 p.m.-3:00 p.m.: Meeting with the Commission* (Open)—The Committee will meet with the Commission, Commissioners' Conference Room, One White Flint North to discuss the items noted above. *4 p.m.-7 p.m.: Preparation of ACRS Reports* (Open)—The Committee will discuss proposed ACRS reports. Friday, June 8, 2007, Conference Room T-2B3, Two White Flint North, Rockville, Maryland *8:30 a.m.-10:30 a.m.: Preparation of ACRS Reports* (Open)—The Committee will continue discussion of proposed ACRS reports. *10:45 p.m.-1 p.m.: ACRS Member's Issues Associated with the Technology-Neutral Framework for Future Plant Licensing* (Open)—The Committee will discuss and decide on individual member's issues associated with the technology-neutral framework for future plant licensing. *1 p.m.-1:30 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of Committee activities and matters and specific issues that were not completed during previous meetings, as time and availability of information permit. Procedures for the conduct of and participation in ACRS meetings were published in the **Federal Register** on October 2, 2006 (71 FR 58015). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Electronic recordings will be permitted only during the open portions of the meeting. Persons desiring to make oral statements should notify the Cognizant ACRS staff named below five days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Information regarding the time to be set aside for this purpose may be obtained by contacting the Cognizant ACRS staff prior to the meeting. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, as well as the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted therefor can be obtained by contacting Mr. Sam Duraiswamy, Cognizant ACRS staff (301-415-7364), between 7:30 a.m. and 4 p.m., (ET). ACRS meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room at *pdr@nrc.gov,* or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System
(PARS)component of NRC's document system (ADAMS) which is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* or *http://www.nrc.gov/reading-rm/doc-collections/(ACRS_&_ACNW_Mtg schedules/agendas* ). Video teleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service for observing ACRS meetings should contact Mr. Theron Brown, ACRS Audio Visual Technician (301-415-8066), between 7:30 a.m. and 3:45 p.m., (ET), at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the video teleconferencing link. The availability of video teleconferencing services is not guaranteed. Dated: May 14, 2007. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E7-9650 Filed 5-17-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Regulatory Guide Update Prioritization AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Regulatory guide update prioritization. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)is currently reviewing and updating numerous guides in the agency’s Regulatory Guide
(RG)Series. This series has been developed to describe and make available to the public methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for license amendments, permits, and licenses. The purpose of the ongoing review and update of the NRC’s RGs is to ensure that the RGs contain complete, accurate, and current guidance for use by licensees and prospective applicants. The established regulatory guidance (as set forth in establishing new and revised RGs) provides a consistent approach for the staff to ensure that the regulatory requirements are met and thereby continue to protect the health and safety of the public and the environment. The NRC reviewed all of the approximately 480 RGs and draft RGs
(DGs)to determine those that needed to be revised or developed. This resulted in categorizing the RGs and DGs into five groups. The first group contains approximately 30 RGs that needed to be revised or developed by March 2007 to support anticipated new reactor licensing activities later this year. The second group includes RGs that are planned to be revised or developed, and published by December 2008. The third group contains RGs that are planned to be revised or developed, and published by December 2009. The fourth group includes RGs that will be considered for withdrawal. The fifth group contains all remaining RGs that are not planned to be updated by December 2009. The lists of RGs for each of these five groups, including publication schedules and public comment periods, can be found at the NRC’s Electronic Reading Room on the agency’s public Web site at *http://www.nrc.gov/reading-rm/doc-collections/reg-guides/* and in the Agencywide Document Access and Management System (ADAMS) at ML071230154. The RG status information on the NRC’s Web site will be updated periodically. *Discussion:* Through the years, the NRC has established 10 broad divisions of RGs. RGs in all 10 divisions were considered for updating under this program. The RG divisions can be found at the NRC’s Electronic Reading Room on the agency's public Web site at *www.nrc.gov/reading-rm/doc-collections/reg-guides/* and are as follows: • Division 1, Power Reactors • Division 2, Research and Test Reactors • Division 3, Fuels and Materials Facilities • Division 4, Environmental and Siting • Division 5, Materials and Plant Protection • Division 6, Products • Division 7, Transportation • Division 8, Occupational Health • Division 9, Antitrust and Financial Review • Division 10, General *Solicitation of Comments and Dates:* The NRC is soliciting comments on the NRC’s proposed prioritization of the groups 2, 3, 4 and 5 RGs. Specifically, comments are solicited for the following questions. Each comment should include supporting basis or rationale to enable the staff to fully understand the point of view being provided. 1. Which, if any, RGs identified as group 3 need to be developed or revised sooner, and thus, should be in group 2? 2. Which, if any, RGs identified as group 2 should not be developed or revised until after some other action is taken, and thus, should be in group 3? 3. Which, if any, RGs identified as groups 2, 3 and 5 are no longer useful or the guidelines are adequately addressed elsewhere and should be withdrawn (added to group 4)? (If the guidelines are addressed elsewhere, please state specifically where they are located.) 4. Which, if any, RGs that are not identified as group 2 or 3 need to be developed or revised by December 2009? (Please include specific reasons.) 5. Which, if any, RGs identified in group 4 should not be considered for withdrawal? (Please provide specific examples which demonstrate the need to maintain the RG.) Comments are requested within 30 days from the date of this **Federal Register** notice. The list of the RGs in each group and by division can be found at the NRC’s Electronic Reading Room on the agency’s public Web site at *http://www.nrc.gov/reading-rm/doc-collections/reg-guides/* . The RG status information on the NRC’s Web site will be updated periodically. *Comment Procedures:* Comments should be accompanied by relevant information or supporting data. Please mention RG Prioritization in the subject line of your comments. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC’s ADAMS. Personal information will not be removed from your comments. You may submit comments by any one of the following methods: • Mail comments to Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (MS T-6 D59). • Hand-deliver comments to Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. • Fax comments to Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, at
(301)415-5144. • E-mail comments to *NRCREP@nrc.gov.* • Submit comments via the NRC’s rulemaking Web site at *http://ruleforum.llnl.gov.* *Contact Information:* Comments and questions about our rulemaking website should be addressed to Carol A. Gallagher at
(301)415-5905 or by e-mail to *CAG@nrc.gov.* Contact information for use in submitting comments is provided in the section on Comment Procedures. Comments or questions about the NRC’s revision of regulatory guides should be addressed to Jimi T. Yerokun at
(301)415-0585 or by e-mail to *JTY@nrc.gov.* Dated at Rockville, Maryland, this 10th day of May, 2007. For the U.S. Nuclear Regulatory Commission. Farouk Eltawila, Director, Division of Risk Assessment and Special Projects, Office of Nuclear Regulatory Research. [FR Doc. E7-9658 Filed 5-17-07; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. *Extension:* Regulation S-AM; SEC File No. 270-548; OMB Control No. 3235-0609. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Regulation S-AM: Limitations on Affiliate Marketing Regulation S-AM implements the requirements of Section 214 of the Fair and Accurate Credit Transactions Act of 2003 (Pub. L. 108-159) (“FACT Act”) as applied to brokers, dealers, and investment companies, as well as investment advisers and transfer agents that are registered with the Commission (collectively, “Covered Persons”). As directed by Section 214 of the FACT Act, before a receiving affiliate may make marketing solicitations based on the communication of certain consumer financial information from a Covered Person, the Covered Person must provide a notice to each affected individual informing the individual of his or her right to prohibit such marketing. The regulation potentially applies to all of the approximately 22,106 Covered Persons registered with the Commission, although only approximately 15,474 of them have one or more corporate affiliates, and the regulation would require only approximately 2,211 of them to provide consumers with notice and an opt-out opportunity. The Commission has estimated that each of the approximately 15,474 Covered Persons having one or more affiliates would require an average one-time burden of 1 hour to review affiliate marketing practices, for a total of 15,474 hours, at a total staff cost of approximately $3,791,130. Approximately 2,211 Covered Persons would be required to provide notice and opt-out and would incur an average first-year burden of 6 hours in doing so, for a total estimated first-year burden of 13,266 hours, at a total staff cost of approximately $2,510,590.50. With regard to continuing notice burdens, each of the approximately 2,211 Covered Persons required to provide notice and opt-out would incur a one-time first-year burden of 2 hours to develop notices for new consumers and an annual burden of 2 hours to deliver the notices and record any opt-outs, at a total staff cost of approximately $1,673,727. Averaged across the first three years for which compliance would be required, the total average yearly burden would be approximately 12,528 hours and $7,975,447.50 in staff costs. Direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, Va. VA 22312 or send an e-mail to: *PRA_Mailbox@sec.gov.* Comments must be submitted to OMB within 60 days of this notice. Dated: May 11, 2007. Jill M. Peterson, Assistant Secretary. [FR Doc. E7-9568 Filed 5-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request *Upon Written Request, Copies Available From:* Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. *Extension:* Form BD/Rule 15b1-1; SEC File No. 270-19; OMB Control No. 3235-0012. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Form BD (17 CFR 249.501) under the Securities Exchange Act of 1934 (17 U.S.C. 78a *et seq.* ) is the application form used by firms to apply to the Commission for registration as a broker-dealer. Form BD also is used by firms other than banks and registered broker-dealers to apply to the Commission for registration as a municipal securities dealer or a government securities broker-dealer. In addition, Form BD is used to change information contained in a previous Form BD filing that becomes inaccurate. The total annual burden imposed by Form BD is approximately 6,808 hours, based on approximately 18,174 responses (335 initial filings + 17,839 amendments). Each initial filing requires approximately 2.75 hours to complete and each amendment requires approximately 20 minutes to complete. There is no annual cost burden. The Commission uses the information disclosed by applicants in Form BD:
(1)To determine whether the applicant meets the standards for registration set forth in the provisions of the Exchange Act;
(2)to develop a central information resource where members of the public may obtain relevant, up-to-date information about broker-dealers, municipal securities dealers and government securities broker-dealers, and where the Commission, other regulators and SROs may obtain information for investigatory purposes in connection with securities litigation; and
(3)to develop statistical information about broker-dealers, municipal securities dealers and government securities broker-dealers. Without the information disclosed in Form BD, the Commission could not effectively implement policy objectives of the Exchange Act with respect to its investor protection function. Written comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-mail to: *PRA_Mailbox@sec.gov.* Comments must be submitted to OMB within 60 days of this notice. Dated: May 11, 2007. Jill M. Peterson, Assistant Secretary. [FR Doc. E7-9572 Filed 5-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request *Upon Written Request, Copies Available From:* Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. *Extension:* Regulation 12B; OMB Control No. 3235-0062; SEC File No. 270-70. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Regulation 12B (17 CFR 240.12b-1—12b-37) includes rules governing all registration statements pursuant to Sections 12(b) and 12(g) (U.S.C. 78l(b) and 78l(g)) of the Securities Exchange Act of 1934 (15 U.S.C. 78a *et seq.* ) (“Exchange Act”), including all amendments to such statements and reports. The purpose of the regulation is to set forth guidelines for the uniform preparation of Exchange Act documents. Regulation 12B is assigned one burden hour for administrative convenience because the regulation simply prescribes the disclosure that must appear in other filings under the federal securities laws. Written comments are invited on:
(a)Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of the burden imposed by the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: *PRA_Mailbox@sec.gov.* Dated: May 11, 2007. Jill M. Peterson, Assistant Secretary. [FR Doc. E7-9573 Filed 5-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request *Upon Written Request, Copies Available From:* Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. *Extension:* Form 15; OMB Control No. 3235-0167; SEC File No. 270-170. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Form 15 (17 CFR 249.232) is a certification of termination of a class of security under Section 12(g) or notice of suspension of duty to file reports pursuant to Sections 13 and 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78a *et seq.* ). We estimate that approximately 3,000 issuers file Form 15 annually and it takes approximately 1.5 hours per response to prepare for a total of 4,500 annual burden hours. Written comments are invited on:
(a)Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of the burden imposed by the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: *PRA_Mailbox@sec.gov.* Dated: May 11, 2007. Jill M. Peterson, Assistant Secretary. [FR Doc. E7-9574 Filed 5-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55755; File No. 4-536] Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Order Approving and Declaring Effective a Plan for the Allocation of Regulatory Responsibilities Between the Chicago Board Options Exchange, Incorporated and the National Association of Securities Dealers, Inc. May 14, 2007. Notice is hereby given that the Securities and Exchange Commission (“Commission”) has issued an Order, pursuant to Sections 17(d) and 11A(a)(3)(B) of the Securities Exchange Act of 1934 (“Act”), 1 granting approval and declaring effective an amended and restated plan for the allocation of regulatory responsibilities (“Plan”) that was filed pursuant to Rule 17d-2 under the Act 2 by the Chicago Board Options Exchange, Incorporated (“CBOE”) and the National Association of Securities Dealers, Inc. (“NASD”) (together with CBOE, the “Parties”) with respect to the CBOE Stock Exchange, LLC (“CBSX”), which is a facility of CBOE featuring a fully-automated marketplace for trading of non-option securities by CBOE members. 3 1 15 U.S.C. 78q(d) and 15 U.S.C. 78k-1(a)(3)(B), respectively. 2 17 CFR 240.17d-2. 3 *See* Securities Exchange Act Release No. 55612 (April 10, 2007), 72 FR 19556 (April 18, 2007) (“Notice”). CBOE serves as the self-regulatory authority for CBSX. Accordingly, NASD shall assume, in addition to the regulatory responsibility it has under the Act, the regulatory responsibilities allocated to it under the Plan as they relate to the CBSX. At the same time, CBOE is relieved of those regulatory responsibilities allocated to NASD under the Plan. I. Introduction Section 19(g)(1) of the Act, 4 among other things, requires every self-regulatory organization (“SRO”) that is either a national securities exchange or registered securities association to examine for, and enforce compliance by, its members and persons associated with its members with the Act, the rules and regulations thereunder, and the SRO's own rules, unless the SRO is relieved of this responsibility pursuant to Section 17(d) or 19(g)(2) of the Act. 5 Section 17(d)(1) of the Act 6 was intended, among other things, to eliminate unnecessary multiple examinations and regulatory duplication for those broker-dealers that maintain memberships in more than one SRO (“common members”). 7 With respect to a common member, Section 17(d)(1) authorizes the Commission, by rule or order, to relieve an SRO of the responsibility to receive regulatory reports; to examine for and enforce compliance with applicable statutes, rules, and regulations; or to perform other specified regulatory functions. 4 15 U.S.C. 78s(g)(1). 5 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively. 6 15 U.S.C. 78q(d)(1). 7 *See* Securities Act Amendments of 1975, Report of the Senate Committee on Banking, Housing, and Urban Affairs to Accompany S. 249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975). To implement Section 17(d)(1), the Commission adopted two rules: Rule 17d-1 and Rule 17d-2 under the Act. 8 Rule 17d-2 permits SROs to propose joint plans for the allocation of regulatory responsibilities, other than financial responsibility rules, with respect to their common members. Under paragraph
(c)of Rule 17d-2, the Commission may declare such a plan effective if, after providing for notice and comment, it determines that the plan is necessary or appropriate in the public interest and for the protection of investors; to foster cooperation and coordination among the SROs; to remove impediments to, and foster the development of, a national market system and a national clearance and settlement system; and is in conformity with the factors set forth in Section 17(d) of the Act. Upon effectiveness of a plan filed pursuant to Rule 17d-2, an SRO is relieved of those regulatory responsibilities for common members that are allocated by the plan to another SRO. 8 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively. Rule 17d-1 authorizes the Commission to name a single SRO as the designated examining authority (“DEA”) to examine common members for compliance with the financial responsibility requirements imposed by the Act, or by Commission or SRO rules. On April 10, 2007, the Commission issued notice of the Plan filed by CBOE and NASD. 9 The Commission received no comments on the Plan. The Plan is intended to reduce regulatory duplication in the examination of Dual Members 10 and in the filing and processing of certain registration and membership records as it relates to the CBSX by allocating to NASD certain examination and enforcement responsibilities with respect to CBSX. Included in the Plan is an attachment (the “CBOE Certification of Common Rules,” referred to herein as the “Certification”) that lists every CBOE rule applicable to CBSX, 11 and any federal securities law, rule, or regulation for which, under the Plan, NASD would bear responsibility for examining, and enforcing compliance by, common members. 9 *See* Notice, *supra* note 3. 10 *See* Section 1(c) of the Plan (defining Dual Member as “those CBOE members that are also members of NASD and the persons associated therewith”). 11 As noted in the Certification, to the extent that any CBOE rule listed on the Certification makes reference to options, such rule shall be read to apply to equity securities as provided by CBOE Rule 53.6. II. Discussion The Commission finds that the proposed Plan is consistent with the factors set forth in Section 17(d) of the Act 12 and Rule 17d-2(c) thereunder 13 in that the proposed Plan is necessary or appropriate in the public interest and for the protection of investors, fosters cooperation and coordination among SROs, and removes impediments to and fosters the development of the national market system. In particular, the Commission believes that the proposed Plan should reduce unnecessary regulatory duplication by allocating to NASD certain responsibilities for common members that would otherwise be performed by both CBOE and NASD. Accordingly, the proposed Plan promotes efficiency by reducing costs to common members. Furthermore, because CBOE and NASD will coordinate their regulatory functions in accordance with the Plan, the Plan should promote investor protection. 12 15 U.S.C. 78q(d). 13 17 CFR 240.17d-2(c). The Commission notes that, under the Plan, CBOE and NASD have allocated regulatory responsibility for those CBOE governing the operation of CBSX that are substantially similar to NASD rules in that examination for compliance with each applicable CBOE rule would not require NASD to develop one or more new examination standards, modules, procedures, or criteria to analyze the application of the rule, or a Dual Member's activity, conduct, or output in relation to such rule (“Common Rules”). The Common Rules covered by the Plan are specifically listed in the Certification, as may be amended by the Parties from time to time. 14 In addition, under the Plan, NASD would assume regulatory responsibility for any provisions of the federal securities laws and the rules and regulations thereunder that are set forth in the Certification. 14 CBOE has represented that, with respect to CBSX, there are no CBOE rules that are substantially similar to NASD rules that are within the scope of the Plan but not included in the Certification. *See* Telephone call between Richard Holley III, Special Counsel, Division of Market Regulation, Commission, and Lawrence J. Bresnahan, Vice President, Member Firm Regulation, CBOE, on May 11, 2007. The Plan further provides that NASD shall not assume regulatory responsibility, and CBOE will retain full responsibility, for:
(1)Surveillance and enforcement with respect to trading activities or practices involving CBOE's own marketplace, including without limitation CBOE's rules relating to the rights and obligations of market makers;
(2)registration pursuant to CBOE's applicable rules of associated persons ( *i.e.* , registration rules that are not Common Rules);
(3)CBOE's duties as a DEA under Rule 17d-1 of the Act; 15 and
(4)any rules of CBOE that do not qualify as Common Rules. 15 17 CFR 240.17d-1. According to the Plan, CBOE will review the Certification, at least annually, or more frequently if required by changes in either the rules of CBOE or NASD, and, if necessary, submit to NASD an updated list of Common Rules to add CBOE rules not included on the then-current list of Common Rules that are substantially similar to NASD rules; delete CBOE rules included in the then-current list of Common Rules that are no longer substantially similar to NASD rules; and confirm that the remaining rules on the list of Common Rules continue to be CBOE rules that are substantially similar to NASD rules. 16 NASD will then confirm in writing whether the rules listed in any updated list are Common Rules as defined in the Plan. Under the Plan, CBOE will also provide NASD with a current list of dual members and shall update the list no less frequently than once each quarter. 17 16 *See* Section 2 of the Plan. 17 *See* Section 3 of the Plan. The Commission is hereby declaring effective and approving a plan that, among other things, allocates regulatory responsibility to NASD for the oversight and enforcement of all CBOE rules applicable to CBSX that are substantially similar to the rules of NASD for Dual Members of CBOE and NASD. Therefore, modifications to the Certification need not be filed with the Commission as an amendment to the Plan, provided that the Parties are only adding to, deleting from, or confirming changes to CBOE rules in the Certification in conformance with the definition of Common Rules provided in the Plan. However, should the Parties decide to add a CBOE rule to the Certification that is not substantially similar to an NASD rule; delete a CBOE rule from the Certification that is substantially similar to an NASD rule; or leave on the Certification a CBOE rule that is no longer substantially similar to an NASD rule, then such a change would constitute an amendment to the Plan, which must be filed with the Commission pursuant to Rule 17d-2 under the Act and noticed for public comment. 18 18 The Commission also notes that the addition to or deletion from the Certification of any federal securities laws, rules, and regulations for which NASD would bear responsibility under the Plan for examining, and enforcing compliance by, Dual Members, also would constitute an amendment to the Plan. The Plan also permits CBOE and NASD to terminate the Plan, subject to notice. The Commission notes, however, that while the Plan permits the Parties to terminate the Plan, the Parties cannot by themselves reallocate the regulatory responsibilities set forth in the Plan, since Rule 17d-2 under the Act requires that any allocation or re-allocation of regulatory responsibilities be filed with the Commission. 19 19 The Commission notes that paragraph 13 of the Plan reflects the fact that NASD's responsibilities under the Plan will continue in effect until the Commission approves the termination of the Plan. III. Conclusion This Order gives effect to the Plan filed with the Commission in File No. 4-536. The Parties shall notify all members affected by the Plan of their rights and obligations under the Plan. *It is therefore ordered* , pursuant to Sections 17(d) and 11A(a)(3)(B) of the Act, that the Plan in File No. 4-536, between CBOE and NASD, filed pursuant to Rule 17d-2 under the Act, is approved and declared effective. *It is therefore ordered* that CBOE is relieved of those responsibilities allocated to the NASD under the Plan in File No. 4-536. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 20 20 17 CFR 200.30-3(a)(34). Jill M. Peterson, Assistant Secretary. [FR Doc. E7-9569 Filed 5-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55756; File No. SR-Amex-2007-42] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of Proposed Rule Change as Modified by Amendment No. 1 Amending the Required Number of Letters of Reference an Applicant Must Provide May 14, 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 26, 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. On May 3, 2007, Amex submitted Amendment No. 1 to the proposed rule change. 3 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Amendment No. 1, the Exchange clarified that pursuant to Article IV, Section 1(d) of the Amex Constitution, applicants for associate membership are also currently required to provide five letters of reference. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Amex Rule 353 to require member applicants to provide two, instead of five, letters of reference. The text of the proposed rule change is available at the Amex's Office of the Secretary, at the Commission's Public Reference Room, and on the Amex's Web site at *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 Amex Rule 353 currently requires a member applicant to provide five letters of reference from any person seeking status as a regular, options principal member or LTP holder. 4 The Exchange proposes to amend Rule 353 to require member applicants to provide two, as opposed to five, letters of reference from responsible persons. 5 Requiring five letters of reference has proven burdensome and time-consuming for member applicants and often delays the application process. Furthermore, the content of such references is of little consequence in an applicant's ultimate approval. Finally, with the availability of more objective background information provided through other resources, such as WEBCRD, FBI fingerprints, and credit reports, Amex believes that the need for these letters of reference has largely been diminished. 4 Article IV, Section 1(d) of the Amex Constitution provides that applications for associate membership shall be in a form and manner prescribed by the Exchange. The Exchange also currently requires associate member applicants to provide five letters of reference, as is set forth in Rule 353. 5 The Exchange stated that it intends to reduce the requirement for associate membership applicants from five to two letters of reference to correspond with the proposed change effecting regular, options principal members or LTP holders. Telephone conversation among Nyieri Nazarian, Associate General Counsel, Amex; Jennifer Colihan, Special Counsel, Commission, Division of Market Regulation (“Division”); and Kristie Diemer, Special Counsel, Commission, Division on May 2, 2007. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6 of the Act 6 in general and furthers the objectives of Section 6(b)(5) 7 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 6 15 U.S.C. 78f. 7 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition This proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding, or
(ii)as to which Amex consents, the Commission will:
(A)by order approve such proposed rule change, or
(B)institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Amex-2007-42 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2007-42. 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 the 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 Number SR-Amex-2007-42 and should be submitted on or before June 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Jill M. Peterson, Assistant Secretary. [FR Doc. E7-9570 Filed 5-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55758; File No. SR-CBOE-2007-43] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Extension of the Pilot Period Applicable to CBOE's Listing and Trading of Options on the iShares MSCI Emerging Markets Index Fund May 14, 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 May 3, 2007, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposed rule change as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A) 3 of the Act and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the pilot period applicable to CBOE's listing and trading of options on the iShares MSCI Emerging Markets Index Fund (“Fund Options”). CBOE is not proposing any textual changes to its rules. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change, and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE 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 April 10, 2006, the Commission approved a CBOE proposal to list and trade Fund Options for a sixty-day pilot period that was due to expire on June 9, 2006 (“Pilot”). 5 On June 1, 2006, the Pilot was extended for an additional 90 days, until September 7, 2006. 6 On August 22, 2006, the Pilot was extended for an additional 90 days, until December 7, 2006. 7 On December 5, 2006, the Pilot was extended for an additional six months, until June 7, 2007. 8 5 *See* Securities Exchange Act Release No. 53621 (April 10, 2006), 71 FR 19568 (April 14, 2006) (SR-CBOE-2006-32). 6 *See* Securities Exchange Act Release No. 53930 (June 1, 2006), 71 FR 33322 (June 8, 2006) (SR-CBOE-2006-56). 7 *See* Securities Exchange Act Release No. 54347 (August 22, 2006), 71 FR 51242 (August 29, 2006) (SR-CBOE-2006-72). 7 8 *See* Securities Exchange Act Release No. 54876 (December 5, 2006), 71 FR 74968 (December 13, 2006) (SR-CBOE-2006-103). CBOE now proposes to extend the Pilot for an additional six months, until December 7, 2007. The Exchange represents that the Fund Options continue to meet substantially all of the listing and maintenance standards in CBOE Rules 5.3.06 and 5.4.08, respectively. For the requirements that are not met, the Exchange represents that sufficient mechanisms exist that would provide the Exchange with adequate surveillance and regulatory information with respect to the Fund. Continuation of the Pilot would permit the Exchange to continue to work with the Bolsa Mexicana de Valores to develop a surveillance sharing agreement. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 9 in general, and furthers the objectives of Section 6(b)(5) of the Act, 10 in particular, because it is designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and practices, and, in general, to protect investors and the public interest. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants, or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days after the date of filing (or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest), the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and subparagraph (f)(6) of Rule 19b-4 thereunder. 12 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(6). 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 the furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CBOE-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 Number SR-CBOE-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 also will be available for inspection and copying at the principal office of CBOE. 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-CBOE-2007-43 and should be submitted on or before June 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Jill M. Peterson, Assistant Secretary. [FR Doc. E7-9571 Filed 5-17-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [License No. 02/72-0611] Quad Venture Partners SBIC, LP; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Quad Venture Partners SBIC, L.P., 650 Fifth Avenue, 31st Floor, New York, NY 10019, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the Licensee's General Partner's continued role in managing the Licensee's assets after the sale of such assets to a buyer group, has sought an exemption under section 312 of the Act and section 107.730(a), self-deal which constitutes Conflicts of Interest of the Small Business Administration (“SBA”) rules. Quad Ventures SBIC, Inc., the General Partner of the Licensee, proposes to continue managing the Licensee's assets, which will be acquired by a group of institutional buyers (“Buyer Group”). The management arrangement is brought within the purview of Sec. 107.730(a) of the Regulations because the Licensee's mangers will benefit from their continued management role after the sale of the portfolio to the Buyer Group. Therefore, this management arrangement constitutes a conflict of interest which requires prior SBA's approval. Notice is hereby given that any interested person may submit written comments on the transaction, within 15 days of the date of this publication, to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW, Washington, DC 20416. Dated: May 8, 2007. Jaime Guzman-Fournier, Associate Administrator for Investment. [FR Doc. E7-9582 Filed 5-17-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10866 and # 10867] Kansas Disaster Number KS-00018 AGENCY: Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Kansas ( FEMA-1699-DR), dated 05/06/2007. *Incident:* Severe Storms, Tornadoes, and Flooding. *Incident Period:* 05/04/2007 and continuing. DATES: *Effective Date:* 05/11/2007. *Physical Loan Application Deadline Date:* 07/05/2007. *EIDL Loan Application Deadline Date:* 02/06/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW, Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of Kansas, dated 05/06/2007 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* Edwards, Pratt, Stafford. *Contiguous Counties:* Kansas: Barton, Hodgeman, Kingman, Pawnee, Reno, Rice. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-9581 Filed 5-17-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10857 and #10858] New Hampshire Disaster Number NH-00004 AGENCY: Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of New Hampshire (FEMA-1695-DR), dated 04/27/2007. *Incident:* Severe Storms and Flooding. *Incident Period:* 04/15/2007 through 04/23/2007. DATES: *Effective Date:* 05/10/2007. *Physical Loan Application Deadline Date:* 06/26/2007. *EIDL Loan Application Deadline Date:* 01/28/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster declaration for the State of New Hampshire, dated 04/27/2007 is hereby amended to include the following areas as adversely affected by the disaster: *Primary County:* Belknap. All other counties contiguous to the above named primary county have previously been declared. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-9580 Filed 5-17-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10869] West Virginia Disaster Number WV-00005 AGENCY: Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of West Virginia (FEMA-1696-DR), dated 05/01/2007. *Incident:* Severe Storms, Flooding, Landslides, and Mudslides. *Incident Period:* 04/14/2007 through 04/18/2007. DATES: *Effective Date:* 05/10/2007. *Physical Loan Application Deadline Date:* 07/02/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW, Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of West Virginia 05/01/2007, is hereby amended to include the following areas as adversely affected by the disaster. *Primary Counties:* Barbour, Gilmer, Grant, Hardy, Lewis, Mcdowell, Pendleton, Pocahontas, Putnam, Upshur, Webster. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-9579 Filed 5-17-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5796] Advisory Committee to the U.S. Section of the Inter-American Tropical Tuna Commission (Committee Renewal) SUMMARY: The Department of State announces the renewal of the Charter for the Advisory Committee to the U.S. Section of the Inter-American Tropical Tuna Commission (IATTC) for an additional two years. The Advisory Committee to the U.S. Section of the IATTC may be terminated only by law. In accordance with the provisions of the Federal Advisory Committee Act (Pub. L. 92-463), a new Charter must be issued on a biennial basis from the date the current Charter was approved and filed with Congress and the Library of Congress. The IATTC was established pursuant to the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed in 1949. The purpose of the IATTC is to conserve and manage the fisheries and associated resources of the eastern tropical Pacific Ocean. The United States is represented to the IATTC by the U.S. Section, which includes four Presidentially-appointed Commissioners and a Department of State representative. The General Advisory Committee to the United States Section of the IATTC was established pursuant to Section 4 of the Tuna Conventions Act of 1950 (16 U.S.C. 953, as amended), the implementing statute for the IATTC Convention. The goal of the Advisory Committee is to serve the U.S. Section to the IATTC, including the Department of State, as advisors on matters relating to international conservation and management of stocks of tuna and dolphins in the eastern tropical Pacific Ocean, and in particular to provide recommendations on the development of U.S. policy associated with such matters. The Committee is composed of representatives of the major U.S. tuna harvesting, processing, and marketing sectors, as well as recreational fishing and environmental interests, formulating specific policy recommendations for the U.S. Section to the IATTC. The Advisory Committee will continue to follow the procedure prescribed by the Federal Advisory Committee Act (FACA). Notice of meetings is published in the **Federal Register** in advance as required by FACA and meetings are open to the public unless a determination is made in accordance with Section l0 of the FACA that a meeting or a portion of the meeting should be closed to the public. FOR FURTHER INFORMATION CONTACT: David F. Hogan, IATTC GAC Designated Federal Official, Office of Marine Conservation, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State, Washington, DC 20520, Phone: 202-647-2335. Dated: March 23, 2007. David A. Balton, Deputy Assistant Secretary for Oceans and Fisheries, Department of State. [FR Doc. E7-9602 Filed 5-17-07; 8:45 am] BILLING CODE 4710-09-P DEPARTMENT OF TRANSPORTATION Relocation of DOT's Docket Operations Facility and Equipment and Temporary Docket Office Closure for All DOT Agencies, and Other Users, Including the Transportation Security Administration and the United States Coast Guard AGENCY: Office of the Secretary (OST), DOT. ACTION: Notice. SUMMARY: This notice announces two service disruptions relating to the relocation of the U.S. Department of Transportation
(DOT)Docket Operations Facility, which manages the Docket Management System
(DMS)containing the public dockets for all agencies of the Department of Transportation, except the Surface Transportation Board. DOT's Docket Operations facility is moving to 1200 New Jersey Avenue, SE., Washington, DC 20590 and will be located on the West Building Ground Floor, Room W12-140. Hours for the new facility will continue to be 9 a.m. to 5 p.m., Monday through Friday, excluding legal holidays. The Docket Operations telephone number will continue to be
(202)366-9826. 1. To prepare for the relocation to the new facility, the Docket Operations office will be closed to the public on Friday, May 25, 2007, through Tuesday, May 29, 2007. The office will reopen to the public on Wednesday, May 30, 2007 at the new facility. 2. To move the computers that host the electronic dockets, the DMS will be unavailable for use from Wednesday, June 13, 2007, through Sunday, June 17, 2007. The electronic docket will again be available to users starting on June 18, 2007. FOR FURTHER INFORMATION CONTACT: Renee V. Wright, Program Manager, Docket Operations, Office of Information Services, Office of the Assistant Secretary for Administration, Office of the Secretary, 400 7th Street, SW., Washington, DC 20590 until May 24, 2007, and at West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, after that; telephone number: 202-366-9826; e-mail address: *renee.wright@dot.gov.* SUPPLEMENTARY INFORMATION: A. How can I access docket materials during the office closure? During the closure of the Dockets Operations Facility, May 25, 2007, through May 29, 2007, docket materials will remain available to the public through the DMS at *http://dms.dot.gov* , which is available 24 hours a day/7 days a week. The electronic dockets will continue to be available through June 12, 2007, and will be available to users again on June 18, 2007. B. How can I submit public docket material for rulemakings, adjudications, and other matters during these disruptions? Public docket material may continue to be submitted by one of the following methods: 1. During the office closure May 25, 2007, through May 29, 2007: a. Electronically through the DMS at *http://dms.dot.gov* , which is available 24 hours a day/7 days a week. Follow the online instructions for submitting comments. b. By mail through the U.S. Postal Service after Thursday, May 24, 2007, addressed to: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. Mail will be forwarded to the new building during this transition period. 2. When the DMS computer is down from June 13, 2007, through June 17, 2007: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. Note, however, that office staff will not begin to place documents received during this period into the DMS electronic system until the computer goes back on line June 18, 2007. C. What about courier deliveries? Docket Operations staff will continue to accept deliveries at 400 7th Street, SW., Room PL-401, Washington, DC, until 5 p.m., Thursday, May 24, 2007. Beginning at 9 a.m. on Wednesday, May 30, 2007, Docket Operations staff will be available to accept deliveries at the new DOT facility on the West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. D. What if a deadline for submission or a need for an emergency filing occurs during the time the Docket Operations office is closed for the move or the computers are out-of-service? Electronic submissions will still be received during the office move, May 25, 2007, through May 29, 2007. However, they will not be received during the period the computers are down from June 13, 2007, through June 17, 2007. Documents will not be entered into the DMS until the office reopens on May 30, 2007, and until June 18, 2007, when the computers come back on line. Hard copy submissions delivered to Docket Operations by May 30, 2007, will be treated as received in a timely manner if they were due during the office's closure. Generally, time periods/due dates for responsive filings for submissions due during the May office closure will be extended from May 30, 2007, and June 18, 2007, when DMS operations resume. These time periods of closure and computer inaccessibility will be considered “holidays” for purposes of procedural rules. Persons filing emergency applications or other such documents or who have questions about the timing of filings should contact the appropriate DOT agency for specific information about deadlines and extensions. E. Does this notice apply to all DOT operating administrations and to the Office of Secretary (OST)? Yes. It applies to the Federal Aviation Administration (FAA), the National Highway Traffic Safety Administration (NHTSA), the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Research and Innovative Technology Administration (RITA), the Federal Transit Administration (FTA), the Maritime Administration (MARAD), the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Saint Lawrence Seaway Development Corporation (SLSDC), and the Office of the Secretary (OST). The Transportation Security Administration
(TSA)and the United States Coast Guard
(USCG)also use the DMS. Dated: May 11, 2007. Neil R. Eisner, Assistant General Counsel for Regulation and Enforcement. [FR Doc. E7-9565 Filed 5-17-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-00-7918, FMCSA-00-8398, FMCSA-02-13411, FMCSA-03-14223, FMCSA-03-14504] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 22 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle
(CMV)drivers. DATES: This decision is effective June 4, 2007. Comments must be received on or before June 18, 2007. ADDRESSES: You may submit comments identified by DOT Docket Management System
(DMS)Docket Numbers FMCSA-00-7918, FMCSA-00-8398, FMCSA-02-13411, FMCSA-03-14223, FMCSA-03-14504, using any of the following methods. • *Web Site* : *http://dmses.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. • *Federal eRulemaking Portal* : Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Instructions:* All submissions must include the Agency name and docket numbers for this Notice. Note that all comments received will be posted without change to *http://dms.dot.gov,* including any personal information provided. Please see the Privacy Act heading for further information. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or 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. The DMS is available 24 hours each day, 365 days each year. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. *Privacy Act:* Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This information is also available at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division,
(202)366-4001, *fmcsamedical@dot.gov,* FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Exemption Decision Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds “such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.” The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. This notice addresses 22 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 22 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Michael C. Boyne Clifford D. Carpenter Timothy H. DuBois James M. Eads Alf M. Gronstedt Dennis K. Harris Donald E. Howell Tommy T. Hudson William D. Johnson Edward J. Kasper Jimme D. Kline Spencer E. Leonard Phillip L. Mangen Tommy R. Masterson Clarence M. Miles Steven M. Montalbo Charles J. Rowsey Vincent Rubino Randy G. Spilman Wyatt W. Thayer, Jr. Thomas S. Thompson Robert A. Wegner These exemptions are extended subject to the following conditions:
(1)That each individual have a physical examination every year
(a)by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b)by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41;
(2)that each individual provide a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and
(3)that each individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1)The person fails to comply with the terms and conditions of the exemption;
(2)the exemption has resulted in a lower level of safety than was maintained before it was granted; or
(3)continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 22 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (65 FR 66286; 66 FR 13825; 68 FR 13360; 70 FR 25878; 65 FR 78256; 66 FR 16311; 67 FR 76439; 68 FR 10298; 68 FR 10301; 68 FR 19596; 68 FR 19598; 68 FR 33570). Each of these 22 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver's safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by June 18, 2007. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 22 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was based on the merits of each case and only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited **Federal Register** publications. Interested parties or organizations possessing information that would otherwise show that any, or all of these drivers, are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. Issued on: May 11, 2007. Pamela M. Pelcovits, Acting Associate Administrator, Policy and Program Development. [FR Doc. E7-9585 Filed 5-17-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35018] State of Maine—Acquisition Exemption—Certain Assets of St. Lawrence & Atlantic Railroad Company The State of Maine, acting by and through its Department of Transportation (Maine DOT), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from St. Lawrence & Atlantic Railroad Company
(SLR)certain right-of-way and trackage, totaling approximately 11 miles in Cumberland County, ME. The rail line (the Subject line) extends between approximately milepost 1.74 at Deering and approximately milepost 12.163 south of the diamond crossing at Yarmouth Junction. 1 1 In the same docket, Maine DOT has simultaneously filed a joint motion to dismiss its verified notice of exemption on jurisdictional grounds. That request will be handled in a separate Board decision. Maine DOT certifies that its projected annual revenues as a result of the transaction will not exceed those that would qualify it as a Class III rail carrier. The parties state that they intend to consummate this transaction on or before June 30, 2007, if all conditions precedent have been satisfied. The exemption is scheduled to become effective on June 6, 2007, which is 30 days from the May 7, 2007 official filing date of the notice. Maine DOT states that it will acquire SLR's right, title and interest in the right-of-way, trackage and other physical assets associated with the Subject Line, but will not acquire the right or obligation to conduct any rail freight operations thereon. SLR will retain a permanent and exclusive easement for freight operation on the Subject Line. If the notice contains false or misleading information, the exemption is void *ab initio.* Petitions to reopen the proceeding 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. Any petition for stay will be due no later than May 30, 2007 (at least 7 days before the effective date of the exemption). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35018, 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 James E. Howard, One Thompson Square, Suite 201, Charlestown, MA 02129. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: May 10, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-9378 Filed 5-17-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-570 (Sub-No. 2X] Palouse River & Coulee City Railroad, Inc.—Abandonment Exemption—in Latah County, ID On April 30, 2007, Palouse River & Coulee City Railroad, Inc.
(PRCC)filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 0.20-mile line of railroad extending between milepost 85.91 and milepost 86.11 in Moscow, in Latah County, ID. The line traverses U.S. Postal Service Zip Code 83843, and it includes no stations. The line does not contain federally granted rights-of-way. Any documentation in PRCC'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 issuance of 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 17, 2007. Any offer of financial assistance
(OFA)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 offer must be accompanied by a $1,300 filing fee. *See* 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than June 7, 2007. Each trail use request must be accompanied by a $200 filing fee. *See* 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB-570 (Sub-No. 2X), and must be sent to:
(1)Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, and
(2)Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Replies to PRCC's petition are due on or before June 7, 2007. Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Services at
(202)245-0230 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis
(SEA)at
(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] An environmental assessment
(EA)(or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: May 10, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-9379 Filed 5-17-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision [AC-11: OTS No. H4392] Abington Savings Bank, Abington Mutual Holding Company, Abington Community Bancorp, Inc., and Abington Bancorp, Inc., Jenkintown, PA; Approval of Conversion Application Notice is hereby given that on May 14, 2007, the Managing Director, Examinations and Supervision—Operations, Office of Thrift Supervision (OTS), or her designee, acting pursuant to delegated authority, approved the application of Abington Mutual Holding Company and Abington Savings Bank, Jenkintown, Pennsylvania, to convert to the stock form of organization. Copies of the application are available for inspection by appointment (phone number: 202-906-5922 or e-mail: *Public.Info@OTS.Treas.gov* ) at the Public Reading Room, 1700 G Street, NW., Washington, DC 20552, and OTS Northeast Regional Office, Harborside Financial Center Plaza Five, Suite 1600, Jersey City, NJ 07311. Dated: May 15, 2007. By the Office of Thrift Supervision. Sandra E. Evans, Legal Information Assistant. [FR Doc. 07-2474 Filed 5-17-07; 8:45 am]
Connectionstraces to 15
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U.S. Code
- Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation§ 2039
- Purposes§ 3501
- Short title§ 78a
- Records and reports§ 78q
- National market system for securities; securities information processors§ 78k–1
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- National securities exchanges§ 78f
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- General Advisory Committee and Scientific Advisory Subcommittee§ 953
- United States Government regulations§ 31136
- Waivers, exemptions, and pilot programs§ 31315
- Authority to exempt rail carrier transportation§ 10502
- Filing and procedure for application to abandon or discontinue§ 10903
20 references not yet in our index
- 10 CFR 34
- 10 CFR 70
- 10 CFR 4
- Pub. L. 108-159
- 17 USC 78a
- 17 CFR 240.12
- 17 CFR 249.232
- 17 CFR 240.17
- 17 CFR 240.19
- Pub. L. 92-463
- 49 CFR 391.41(b)(10)
- 49 CFR 381
- 49 CFR 391.41
- 49 CFR 1150.31
- 49 CFR 1152.27(b)(2)
- 49 CFR 1002.2(f)(25)
- 49 CFR 1152.28
- 49 CFR 1152.29
- 49 CFR 1002.2(f)(27)
- 49 CFR 1152
Citation graph
cites case law
Notices
Notice of pending NRC action to submit an information collection request to the Office of Management and Budget (OMB) and solicitation of public comment
Cite10 CFR 34
Cite10 CFR 70
Cite10 CFR 4
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