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Code · REGISTER · 2007-06-20 · RAILROAD RETIREMENT BOARD · Notices

Notices. Notice

12,923 words·~59 min read·/register/2007/06/20/07-3021·

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

BILLING CODE 3210-01-M RAILROAD RETIREMENT BOARD Agency Forms Submitted for OMB Review, Request for Comments *Summary:* In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board
(RRB)is forwarding an Information Collection Request
(ICR)to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget
(OMB)for the following collection of information: 3220-0136, Public Service Pension Questionnaires. Public Law 95-216 amended the Social Security Act of 1977 by providing, in part, that spouse or survivor benefits may be reduced when the beneficiary is in receipt of a pension based on employment with a Federal, State, or local governmental unit. Initially, the reduction was equal to the full amount of the government pension. Public Law 98-21 changed the reduction to two-thirds of the amount of the government pension. Public Law 108-203 amended the Social Security Act by changing the requirement for exemption to public service offset, that Federal Insurance Contributions Act
(FICA)taxes be deducted from the public service wages for the last 60 months of public service employment, rather than just the last day of public service employment. Sections 4(a)(1) and 4(f)(1) of the Railroad Retirement Act
(RRA)provides that a spouse or survivor annuity should be equal in amount to what the annuitant would receive if entitled to a like benefit from the Social Security Administration. Therefore, the public service pension
(PSP)provisions apply to RRA annuities. RRB Regulations pertaining to the collection of evidence relating to public service pensions or worker's compensation paid to spouse or survivor applicants or annuitants are found in 20 CFR 219.64c. Our ICR describes the information we seek to collect from the public. Completion of the forms is voluntary, failure to complete the forms could result in the nonpayment of benefits. One response is required from a respondent. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collection of information to determine
(1)the practical utility of the collection;
(2)the accuracy of the estimated burden of the collection;
(3)ways to enhance the quality, utility and clarity of the information that is the subject of collection; and
(4)ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if RRB and OIRA receive them within 30 days of publication date. *Previous Requests for Comments:* The RRB has already published the initial 60-day notice (72 FR 14628 on March 28, 2007) required by 44 U.S.C. 3506(c)(2). That request elicited no comments. Information Collection Request
(ICR)*Title:* Public Service Pension Questionnaires. *OMB Control Number:* 3220-0136. *Form(s) submitted:* G-208, Public Service Pension Questionnaire; G-212, Public Service Monitoring Questionnaire. *Type of request:* No material or nonsubstantive change to a currently approved collection. *Affected public:* Individuals or households. *Abstract:* A spouse or survivor annuity under the Railroad Retirement Act may be subjected to a reduction for a public service pension. The questionnaires obtain information needed to determine if the reduction applies and the amount of such reduction. *Changes Proposed:* The RRB proposes no changes to Form G-208 and minor, non-burden impacting editorial changes to Form G-212. *The burden estimate for the ICR is as follows:* *Estimated annual number of respondents:* 1,170. *Total annual responses:* 1,170. *Total annual reporting hours:* 294. *Additional Information or Comments:* Copies of the forms and supporting documents can be obtained from Charles Mierzwa, the agency clearance officer (312-751-3363) or *Charles.Mierzwa@rrb.gov.* Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or *Ronald.Hodapp@rrb.gov* and to the OMB Desk Officer for the RRB, at the Office of Management and Budget, Room 10230, New Executive Office Building, Washington, DC 20503. Charles Mierzwa, Clearance Officer. [FR Doc. E7-11922 Filed 6-19-07; 8:45 am] BILLING CODE 7905-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55912; File No. PCAOB-2007-02] Public Company Accounting Oversight Board; Notice of Additional Solicitation of Comments on the Filing of Proposed Rule on Auditing Standard No. 5, An Audit of Internal Control Over Financial Reporting That Is Integrated With an Audit of Financial Statements, and Related Independence Rule and Conforming Amendments June 15, 2007. On June 12, 2007, the Commission published notice, pursuant to Section 107(b) of the Sarbanes-Oxley Act of 2002 (the “Act”), that on May 25, 2007, the Public Company Accounting Oversight Board (the “Board” or the “PCAOB”) filed with the Securities and Exchange Commission (the “Commission” or “SEC”) the proposed rules relating to Auditing Standard No. 5 (“AS5”), *An Audit of Internal Control Over Financial Reporting That is Integrated with an Audit of Financial Statements;* a Related Independence Rule; and conforming amendments to the PCAOB's auditing standards. 1 The Commission published notice of these proposed rules to solicit comments on the proposed rules from interested persons. As stated in that notice, interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rules are consistent with the Act. The Commission is publishing this additional solicitation of comment to request specific comment on the following: 1 *See* Exchange Act Release No. 34-55876 (June 7, 2007), 72 FR 32340 (June 12, 2007).
(1)Is the standard of materiality appropriately defined throughout AS5 to provide sufficient guidance to auditors? For example, is materiality appropriately incorporated into the guidance regarding the matters to be considered in planning an audit and the identification of significant accounts?
(2)Please comment on the requirement in Paragraph 80 that the auditor consider whether there are any deficiencies or combinations of deficiencies that are significant deficiencies and, if so, communicate those to the audit committee. Specifically, will the communication requirement regarding significant deficiencies divert auditors' attention away from material weaknesses?
(3)Is AS5 sufficiently clear that for purposes of evaluating identified deficiencies, multiple control deficiencies should only be looked at in combination if they are related to one another?
(4)Please comment on whether the definition of “material weakness” in Paragraph A7 (which is consistent with the definition that the SEC adopted) appropriately describes the deficiencies that should prevent the auditor from finding that ICFR is effective.
(5)Is AS5 sufficiently clear about the extent to which auditors can use the work of others?
(6)Will AS5 reduce expected audit costs under Section 404, particularly for smaller public companies, to result in cost-effective, integrated audits?
(7)Does AS5 inappropriately discourage or restrict auditors from scaling audits, particularly for smaller public companies? Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form( *http://www.sec.gov* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number PCAOB-2007-02 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. PCAOB-2007-02. This file number should be included on the subject line if e-mail is used. To help 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/pcaob* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, NE., Washington, DC 20549. All comments received will be posted without change; we do 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 PCAOB-2007-02. Comments should be submitted on or before July 12, 2007. The Commission intends to act on the proposed rule no later than July 27, 2007. By the Commission. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-11935 Filed 6-19-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55907; File No. SR-BSE-2007-21] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing of Proposed Rule Change To Amend the Existing Fee Schedule June 13, 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 June 4, 2007, the Boston Stock Exchange (“BSE” 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 prepared substantially by the Exchange. The BSE has designated this proposal as one changing a due, fee, or other charge under Section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) 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 from interested persons. 1 15 U.S.C. 78s(b)(1). 2 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The BSE proposes amending the certain transaction fees set forth in the BeX fee schedule as well as the BeX Revenue Sharing formula. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.bostonstock.com* ), at the BSE, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the BSE included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this filing is to amend certain transaction fees set forth in the Boston Equities Exchange (“BeX”) fee schedule as well as the BeX Revenue Sharing formula. The BeX fee schedule presently provides for uniform credits to Liquidity Providers in the amount of $.0027. In the event the trade involves a share price that is less than $1.00 Liquidity Providers are presently entitled to a credit in the amount of $.0027 per share with a maximum of .3% of quotation price per share. Additionally, the BeX Fee Schedule presently imposes a $.0028 charge on Liquidity Takers. In the event the trade involves a share price that is less than $1.00, Liquidity Takers are charged $.0028 with a maximum of .3% of quotation price per share. The purpose of this proposed amendment to the BeX fee schedule is to eliminate the credit presently available to Liquidity Providers. Additionally, this proposed amendment will lower the charge presently imposed on Liquidity Takers from $.0028 to $.0005. This proposed shift in the traditional economics of the existing marketplace will attract volume to BeX by encouraging those firms with a high percentage of taking order flow to make BeX their chosen routing destination while at the same time encouraging Liquidity Providers to provide competitive quotes on BeX with the higher probability of getting an execution. In this filing, the Exchange also is proposing to amend the revenue sharing provision of the BeX fee schedule. Specifically, BSE is proposing to eliminate the current tape revenue sharing program for single sided orders. The tape revenue sharing program for cross trades will remain intact. 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act, 5 in general, and furthers the objectives of Section 6(b)(4) of the Act, 6 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among Exchange Members and issuers and other persons using Exchange facilities. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as a fee change pursuant to Section 19(b)(3)(A) of the Act 7 and Rule 19b-4(f)(2) thereunder, 8 because it establishes or changes a due, fee or other charge imposed by the Exchange. Accordingly, the proposal will take effect upon filing with the Commission. At any time within 60 days of the filing of such rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b-4(f)(2). 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-BSE-2007-21 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. SR-BSE-2007-21. 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 at the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the BSE. 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-BSE-2007-21 and should be submitted on or before July 11, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-11883 Filed 6-19-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55904; File No. SR-NYSE-2007-50] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend Its Current Revenue Sharing Program for Its Specialists for an Additional Three Months June 13, 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 31, 2007, the New York Stock Exchange LLC (“Exchange” or “NYSE”) 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 Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend its current revenue sharing program for its specialists for an additional three months (through August 31, 2007). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to extend for an additional three months its current revenue sharing program for its specialists. The revenue sharing program was instituted 3 in connection with the Exchange's adoption of Rule 104B, 4 which prohibits specialists from charging commissions. The Exchange established the revenue sharing program for a six-month period commencing December 1, 2006, in order to partially offset the specialists' loss of commission revenues. In its original filing, the Exchange stated that it intended to adopt a revised revenue sharing program commencing June 1, 2007, that would provide variable payments to the specialist firms depending on performance. The Exchange is not yet ready to put this revised revenue sharing program in place and, in the interim, proposes to extend the current revenue sharing program for an additional three months commencing June 1, 2007. 3 *See* Securities Exchange Act Release No. 54856 (December 1, 2006), 71 FR 71215 (December 8, 2006) (SR-NYSE-2006-106). 4 *See* Securities Exchange Act Release No. 54850 (November 30, 2006), 71 FR 71217 (December 8, 2006) (SR-NYSE-2006-105). The Exchange will distribute a fixed amount of $26.5 million among the specialists for the three-month period commencing on June 1, 2007, to be paid in three monthly installments. The Exchange will allocate this fixed amount in proportion to the rebates each of the specialist firms would have received in October 2006 5 if there had been a revenue sharing program in place utilizing the following two formulas: 5 The Exchange is using the specialist firms' performance in October 2006 as a basis for determining the amounts received by each firm because this was the period used for that purpose in connection with the initial six months of the revenue sharing program and the amount each specialist firm will receive each month will therefore remain unchanged.
(1)Each specialist firm would receive a rebate relating to that specialist firm's absolute market share for October 2006 in each of its specialty stocks if that market share exceeded 35%. A market share in a stock that was equal to or exceeded 35% would entitle a specialist to a rebate of
(i)$15 for each percentage point above or equal to 35% up to and including 50%,
(ii)$25 for each percentage point above 50% up to and including 65%,
(iii)$35 for each percentage point above 65% up to and including 80%, and
(iv)$45 for each percentage point above 80%. The following are examples of how this rebate would be paid: • If Specialist X traded XYZ stock in which the Exchange had a 50% market share, it would receive $225 per month, which is 15 ( *i.e.* , the number of percentage points above 35%) multiplied by $15. • If Specialist X traded XYZ stock in which the Exchange had a 65% market share, it would receive $600 per month, which is 15 ( *i.e.* , the number of percentage points above 35% up to and including 50%) multiplied by $15, plus 15 ( *i.e.* , the number of percentage points above 50%) multiplied by $25.
(2)Each specialist firm would receive a volume-weighted rebate for every share traded in October 2006 in a stock in which the Exchange had a greater than 35% market share. If the Exchange had a market share: • Equal to or greater than 35% up to and including 50%, the rebate would be $0.00013 per share. • Greater than 50% up to and including 65%, the rebate would be $0.00014 per share. • Greater than 65% up to and including 80%, the rebate would be $0.00015 per share. • Greater than 80%, the rebate would be $0.00016 per share. The following are examples of how the volume-weighted rebate would be paid: • If Specialist X traded XYZ stock in which the Exchange had a 50% market share, it would receive a rebate of $0.00013 for every share traded above the 35% market share threshold. • If Specialist X traded XYZ stock in which the Exchange had a 65% market share, it would receive a rebate of $0.00013 per share for every share traded above the 35% market share threshold up to and including a 50% market share and then would receive $0.00014 for every share above the 50% level. The Exchange may alter the provisions of the revenue sharing program in the future in response to its experience with its application over time. 6 6 The Exchange will file a rule filing with the Commission pursuant to the Act and the rules thereunder in relation to any such changes prior to their implementation. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act 7 in general and furthers the objectives of Section 6(b)(4) 8 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. 7 15 U.S.C. 78f. 8 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective upon filing pursuant to Section 19(b)(3)(A) of the Act 9 and Rule 19b-(f)(2) 10 thereunder. 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 19b-(f)(2). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2007-50 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-50. 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 Commissions 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 NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-50 and should be submitted on or before July 11, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-11884 Filed 6-19-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55908; File No. SR-NYSE-2007-51] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Rules 54 (“Dealings on Floor—Persons”) and 70 (“Bids and Offers”) June 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 June 8, 2007, the New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, which renders it effective upon filing with the Commission. 4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 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 is proposing to amend Exchange Rules 54 (“Dealings on Floor—Persons”) and 70 (“Bids and Offers”) to allow a member organization to operate its booth premise on the Exchange Floor in a manner similar to a member organization's “upstairs” office, provided that the member organization has been approved to operate its booth in this manner by NYSE Regulation, Inc. (“NYSER”). The Exchange further proposes to make conforming amendments to Exchange Rules 6 (“Floor”), 112 (“Orders initiated Off the Floor”), 123 (“Records of Orders”), 132B (“Order Tracking Requirements”), and 134 (“Differences and Omissions-Cleared Transactions”). The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose NYSE is proposing to amend Exchange Rules 54 (“Dealings on Floor—Persons”) and 70 (“Bids and Offers”) to allow a member organization to operate its booth premise on the Exchange Floor in a manner similar to a member organization's “upstairs” office, provided that the member organization has been approved to operate its booth in this manner by NYSER. In this filing, the Exchange further proposes to make conforming amendments to Exchange Rules 6 (“Floor”), 112 (“Orders initiated Off the Floor”), 123 (“Records of Orders”), 132B (“Order Tracking Requirements”), and 134 (“Differences and Omissions-Cleared Transactions”). *Operation of an “Upstairs” Office From a Floor Member's Booth Premise.* As a result of the changes in the way in which trading occurs on the Exchange (and in the securities markets in general) due to, among other things, Regulation National Market System (“Regulation NMS”) and the Exchange's operation of its Hybrid Market, the Exchange seeks to modify the Exchange rules that impede Floor broker member organizations from operating within its booth premises similar to a member organization's “upstairs” office. Although there is no Exchange rule that specifically prohibits a Floor broker member organization from operating within its booth premise in a manner similar to its “upstairs” office, 5 the ability of a Floor broker member organization to operate its booth premises in this manner has been restricted by certain Exchange rules. For example, member organization staff operating out of such booth premises, who are not Exchange “members” are constrained in the way in which they are allowed to process orders sent to the booth, as Exchange Rule 54 limits the right to conduct business “on the Floor” to members. 5 For example, a member organization's upstairs office can, among other things, route orders in NYSE listed securities directly to another market. The Exchange states that the impetus for the proposed amendment is the result of several factors. Competition from other market centers and the growth of alternative trading systems, coupled with increased internalization by broker-dealers, has challenged the dominance of the trading post as the centralized locus of the representation and execution of orders in a particular security. Recent statistics provide potent proof of this—there has been a 49% decrease in Floor broker share of total NYSE trading volume on the NYSE between the first quarter of 2006 and the first quarter of 2007. At the same time, the rapid dissemination of consolidated quote and trade information and real-time updates of the Exchange limit order book has increased exponentially the amount and accuracy of available information and the speed with which it is disseminated. These changes have not only impacted the way in which information is collected and processed, they have also increased competition for member organizations, which are continually searching for ways to provide more efficient and less costly service to their customers. Therefore, the Exchange seeks to provide its Floor broker member organizations with the ability to access other markets 6 and trade a wider range of products from the Floor broker member organizations' booth premises located around the perimeters of the current Exchange Floor and lining the passageways connecting the rooms that comprise the Exchange Floor. The NYSE believes that this will provide Floor brokers with the ability to remain competitive in view of changes in the markets and the manner in which customer orders are handled and executed. Pursuant to the proposal, a Floor broker or appropriately registered and supervised booth staff would be able to transmit orders in NYSE-listed securities that they have received on the Exchange Floor to away markets for execution directly from its booth premises without having to send the order to an upstairs trading desk. The instant proposal will further allow member organizations to centralize these operations within their booth premises. 6 The Exchange previously expanded the ability of Floor broker member organizations, on a pilot basis, to transmit agency orders in Nasdaq Stock Market LLC (“Nasdaq”) and NYSE ARCA SM listed securities, from the Exchange Floor, including booth premises, provided the member organization complies with certain requirements. These requirements include, among others, membership in the NASD (for Nasdaq-listed securities) or having NYSE ARCA equities trading permit (for NYSE ARCA-listed securities); receipt of the order on the NYSE Floor through a permissible communication device, and transmission of the order to the appropriate market through a non-NYSE order management system. *See* NYSE Information Memo 05-88 (November 10, 2005); NYSE Member Education Bulletin 2006-7 (March 22, 2006); NYSER Information Memos 06-37 (May 19, 2006) and 06-43 (June 15, 2006); and NYSER Member Education Bulletin 2006-12 (July 21, 2006). To remove the impediments to Floor broker member organization ability to efficiently operate its business from the Exchange Floor, the NYSE seeks to amend Exchange Rule 70 (“Bids and Offers”) to add Supplemental section .40. Proposed Exchange Rule 70.40 will allow member organizations approved to operate a booth premise to handle orders in all securities, including those listed on other markets from their approved booth premises. The proposed rule will also allow the member organizations' appropriately registered and supervised booth staff to handle orders in a similar manner as sales traders are permitted to operate in “upstairs” offices, subject to restrictions described below. As such, the Exchange seeks to make a corresponding amendment to Exchange Rule 54 in order to permit appropriately registered and supervised booth staff of member organizations operating out of an approved booth premise who are not “members” to process orders sent to the booth in the same manner that a sales trader in an “upstairs office” is allowed to process orders. Since the booth premise will operate as an “upstairs office,” a member organization, consistent with the type of business activities it seeks to operate in its approved booth premise, will be required to comply with all applicable rules 7 governing the operation of a public business. The specific rules that will apply to the operation of an approved booth premise will depend on the type of business that NYSER has approved the member organization to operate. For example, a member organization that is approved to operate its business solely from a booth premise and only provide Exchange Floor executions for other member organizations would no longer be required to carry Fidelity Bonds pursuant to Exchange Rule 319. Moreover, pursuant to the proposed rule, a member organization is required to obtain approval from NYSER prior to implementing any changes in the operation of its approved booth premise. 7 Exchange rules applicable to the operation of a public business include, but are not limited to, Admission of Members (Exchange Rules 300-324) and Operation of Member Organizations (Exchange Rules 325-465). Unlike the “upstairs” offices, member organizations approved to operate booth premises pursuant to proposed Exchange Rule 70.40 shall be prohibited from effecting any transaction for its own account, the account of an associated person, or an account with respect to which it or an associated person thereof exercises investment discretion from such approved booth premises. In addition, proposed Exchange Rule 70.40 will require that member organizations operating approved booth premises in this manner must adopt and implement comprehensive written procedures and guidelines governing the conduct and supervision of business and staff at the booth, as well as a process for regular review of these procedures and guidelines and compliance therewith. These written procedures and guidelines and any changes thereto must be approved by NYSER prior to their implementation. Exchange rules that govern trading on the Exchange Floor will continue to apply to member organizations on the Exchange Floor, including those member organizations operating within an approved booth premise. Member organizations that operate within an approved booth premises pursuant to the proposal will also be required to comply with all rules that govern upstairs activity. Through this filing, the Exchange seeks to amend Exchange Rule 123(e) to make clear that member organizations operating a booth premise that choose to route an order to the Exchange Floor for execution must, immediately upon receipt of the order and prior to representation and execution on the Exchange Floor or placement in an agency interest file within the Display Book system or routing the order to a Floor broker for execution at the post, enter such order into an electronic system on the Exchange Floor. 8 8 *See* Exchange Rule 123(e) (“FESC”). The Exchange further seeks to amend Exchange Rule 123(b) and 132B(a)(1) to make clear that orders in NYSE-listed securities sent to or generated at a member organization's approved booth premise and routed to another market for execution must continue to comply with the requirements of NYSE Rule 132B (Order Tracking Requirements). For such orders, the provisions of Exchange Rule 123(b) shall not apply; rather, the provisions of the Exchange Rule 132B will apply to such orders. Moreover, as it relates to any order initiated and/or routed from a member organization's booth premise operating pursuant to proposed Exchange Rule 70.40 for execution on another market center, the Exchange seeks to amend Exchange Rule 134(d) to make clear that member organizations are prohibited from processing errors related to transactions on another market center in its Exchange required error account. Member organizations continue to be required to maintain “* * * an error account at a registered broker or dealer in his or her name, or in the name of his or her member organization; or
(b)such member participates in an error account established for a group of members * * *.” 9 Nevertheless error transactions processed in said error account must be limited solely to transactions executed on the Exchange Floor. Of course, member organizations must follow the applicable rules of the away market center related to error transactions. 9 *See* Exchange Rule 134(d). *Regulation of Approved Booth Premises.* The proposed amendment envisions robust regulation of the staff and business conducted from booth premises by both the member organization and NYSER. For example, prior to operating booth premises in the manner permitted by the amended rule, a member organization must receive the approval of NYSER. In determining whether to grant such approval, member organizations will be required to provide NYSER with, among other things, detailed information regarding the proposed systems and order handling process, proof that all personnel are appropriately registered, proof of independent compliance personnel and proof of adequate supervisory controls. Further, the member organization must adopt and implement comprehensive written procedures, which also must be approved by NYSER, in governing the conduct of its business and staff and must review compliance with these procedures on a regular basis. In addition, the same registration and supervisory requirements that apply to upstairs offices must be followed in the booth premises. The Exchange expects member organizations to vigorously supervise compliance with these procedures. NYSER will also appropriately review compliance with these obligations and has the authority to enforce them through the disciplinary process as warranted. NYSER will periodically examine the member organization's business conducted at its approved booth premise. Further, NYSER has the ability to examine the member organization's business conducted at such approved booth premise in the same manner as it has with respect to a firm's “upstairs” office. The review would include an examination to confirm that the member organization has in place adequate policies and procedures to reasonably prevent and detect, among other things, effecting proprietary transactions from its approved booth premises and ensure compliance by the member organization with the other related provisions of proposed Exchange Rule 70.40. NYSER further represents that its procedures are adequate to appropriately review compliance with all obligations delineated in proposed Exchange Rule 70.40, including the prohibition against proprietary trading, during its examination of the member organization's approved booth premise. *Conforming Amendments.* Through this proposal, the Exchange further seeks to make certain conforming changes to Exchange rules. The Exchange proposes to amend Exchange Rule 6 (“Floor”) and Exchange Rules 112(b). Specifically, the Exchange proposes to amend the definition of “Floor” in Rule 6 and the corresponding definition of Floor contained in Exchange Rule 112(b) to properly reflect the physical locations that comprise the Exchange Floor. Thus, the Exchange proposes to amend these rules so that each will state that the Exchange Floor consists of the Exchange trading Floor and the premises immediately adjacent thereto, such as the various entrances and lobbies of the 11 Wall Street, 18 New Street, 8 Broad Street, 12 Broad Street and 18 Broad Street Buildings. The Exchange Floor will also include the telephone facilities available in the aforementioned locations. In addition, the Exchange proposes to amend Exchange Rule 123.10 to clarify that, when giving out orders originating on the Exchange Floor, or transmitted by any person other than a member or member organization to members on the Exchange Floor, or when changing or cancelling orders previously given, members are required to do so electronically, or in writing. The Exchange also seeks to amend Exchange Rule 123.23 to accurately reflect that currently member organizations employ vendor systems or proprietary systems to record the details of an order or report for purposes of Exchange Rule 123. Furthermore, the proposed conforming amendment to Exchange Rule 123.23 clarifies that whether a member organization employs a vendor system or uses its proprietary systems to record the details of an order or report, the system must be synchronized with reference to a time source as designated by the Exchange. *Conclusion.* The Exchange believes that the above proposal provides Floor broker member organizations with the ability to remain competitive in view of changes in the markets and the manner in which customer orders are handled and executed by allowing Floor broker member organizations to represent customer orders from its approved booth premises similar to that of an “upstairs” office on the Exchange Floor in a robust regulatory environment that serves to foster just and equitable principles of trade and benefit Exchange customers. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) 10 of the Securities Exchange Act of 1934 (the “Act”), in general, and furthers the objectives of Section 6(b)(5) 11 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). B. Self Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange 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 The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 12 and subparagraph (f)(6) of Rule 19b-4 13 thereunder because it does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition;
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. 14 12 15 U.S.C. 78s(b)(3)(A)(iii). 13 17 CFR 240.19b-4(f)(6). 14 Rule 19b-4(f)(6)(iii) requires that a self-regulatory organization submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied the five-day pre-filing notice requirement. Under Rule 19b-4(f)(6) of the Act, 15 the proposal does not become operative for 30 days after the date of its filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. NYSE has requested that the Commission waive the 30-day operative delay so that it may immediately implement this proposal which it believes will result in a more efficient and less costly service to the customers of Floor broker member organizations as a result of the Floor broker member organizations' ability to centralize operations in their booth premises. The Commission notes that the Exchange has already implemented two pilot programs that presently allow Floor brokers to access away liquidity in NASDAQ-listed securities and NYSE Arca-listed securities from the Exchange Floor. The Commission also notes that the member organizations must obtain approval from NYSE prior to operating pursuant to proposed Rule 70.40 and must continue to meet all their obligations pertaining to executions on the Exchange Floor. In addition, the Commission notes that any proprietary trading would be prohibited in approved booth premises, and requires significant obligations on the part of member organizations and NYSER with regard to such trading. The Commission believes that the proposed rule change should allow for greater efficiencies for the Exchange as well as member organizations which make use of approved booth premises. Therefore, the Commission, consistent with the protection of investors and the public interest, has determined to waive the 30-day operative date so that the proposal may take effect upon filing. 16 15 *Id.* 16 For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2007-51 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-51. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro/shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File number SR-NYSE-2007-51 and should be submitted on or before July 11, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-11941 Filed 6-19-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION National Small Business Development Center Advisory Board; Public Meeting The U.S. Small Business Administration, National Small Business Development Centers Advisory Board will be hosting a public meeting via conference call to discuss such matters that may be presented by members, the staff of the U.S. Small Business Administration, and interested others. The conference call will be held on Tuesday, July 17, 2007 at 1 p.m. Eastern Standard Time. The purpose of the meeting is to discuss the upcoming Ohio Site Visit and the current draft of the proposed White Paper. Anyone wishing to make an oral presentation to the Board must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone
(202)205-7045 or fax
(202)481-0681. Matthew Teague, Committee Management Officer. [FR Doc. E7-11900 Filed 6-19-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION National Small Business Development Center Advisory Board; Public Meeting The U.S. Small Business Administration, National Small Business Development Center Advisory Board will hold a federal public meeting on Monday, July 9, 2007 at 4 p.m. Eastern Standard Time. The meeting will take place at the Ohio Department of Development, 77 South High Street, 31st Floor Board Room, Columbus, Ohio 43215. The purpose of the meeting is to discuss the current draft of the White Paper; Board business, and the forthcoming National Association of SBDC annual conference. Anyone wishing to be present must contact Erika Fischer, Senior Program Analyst, U.S. Small Business Administration, Office of Small Business Development Centers, 409 3rd Street, SW., Washington, DC 20416, telephone
(202)205-7045 or fax
(202)481-0681. Matthew Teague, Committee Management Officer. [FR Doc. E7-11901 Filed 6-19-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5838] Bureau of Political-Military Affairs; Statutory Debarment Under the Arms Export Control Act and the International Traffic in Arms Regulations ACTION: Notice. SUMMARY: Notice is hereby given that the Department of State has imposed statutory debarment pursuant to 127.7(c) of the International Traffic in Arms Regulations (“ITAR”) (22 CFR Parts 120 to 130) on persons convicted of violating or conspiring to violate Section 38 of the Arms Export Control Act, as amended, (“AECA”) (22 U.S.C. 2778). EFFECTIVE DATE: Date of conviction as specified for each person. FOR FURTHER INFORMATION CONTACT: David Trimble, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State
(202)663-2700. SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the AECA, 22 U.S.C. 2778(g)(4), prohibits the Department of State from issuing licenses or other approvals for the export of defense articles or defense services where the applicant, or any party to the export, has been convicted of violating certain statutes, including the AECA. In implementing this provision, Section 127.7 of the ITAR provides for “statutory debarment” of any person who has been convicted of violating or conspiring to violate the AECA. Persons subject to statutory debarment are prohibited from participating directly or indirectly in the export of defense articles, including technical data, or in the furnishing of defense services for which a license or other approval is required. Statutory debarment is based solely upon conviction in a criminal proceeding, conducted by a United States Court, and as such the administrative debarment procedures outlined in Part 128 of the ITAR are not applicable. The period for debarment will be determined by the Assistant Secretary for Political-Military Affairs based on the underlying nature of the violations, but will generally be for three years from the date of conviction. At the end of the debarment period, export privileges may be reinstated only at the request of the debarred person followed by the necessary interagency consultations, after a thorough review of the circumstances surrounding the conviction, and a finding that appropriate steps have been taken to mitigate any law enforcement concerns, as required by Section 38(g)(4) of the AECA. Unless export privileges are reinstated, however, the person remains debarred. Department of State policy permits debarred persons to apply to the Director, Office of Defense Trade Controls Compliance, for reinstatement beginning one year after the date of the debarment. Any decision to grant reinstatement can be made only after the statutory requirements under Section 38(g)(4) of the AECA have been satisfied. Exceptions, also known as transaction exceptions, may be made to this debarment determination on a case-by-case basis at the discretion of the Assistant Secretary of State for Political-Military Affairs, after consulting with the appropriate U.S. agencies. However, such an exception would be granted only after a full review of all circumstances, paying particular attention to the following factors: whether an exception is warranted by overriding U.S. foreign policy or national security interests; whether an exception would further law enforcement concerns that are consistent with the foreign policy or national security interests of the United States; or whether other compelling circumstances exist that are consistent with the foreign policy or national security interests of the United States, and that do not conflict with law enforcement concerns. Even if exceptions are granted, the debarment continues until subsequent reinstatement. Pursuant to Section 38(g)(4) of the AECA and Section 127.7(c) of the ITAR, the following persons are statutorily debarred as of the date of their AECA conviction:
(1)Reinhard Rusli, April 27, 2007, U.S. District Court, District of Maryland, Case #CCB-06-0439.
(2)Helmi Soedirdja, April 27, 2007, U.S. District Court, District of Maryland, Case #CCB-06-0439.
(3)Ibrahim Amran, May 3, 2007, U.S. District Court, Eastern District of Michigan, Case #06CR20183-2.
(4)David Beecroft, December 20, 2006, U.S. District Court, Eastern District of Michigan, Case #06CR20183-4.
(5)Ignatius Soeharli, April 27, 2007, U.S. District Court, Eastern District of Michigan, Case #06CR20183-3.
(6)Hadianto Djuliarso, May 11, 2007, U.S. District Court, Eastern District of Michigan, Case #06CR20183-1.
(7)Ronald W. Wiseman, October 27, 2006, U.S. District Court, District of Columbia, Case #05-0152-01(JR).
(8)Phong Hoang, July 27, 2006, U.S. District Court, District of Montana, Case #CR 05-170-GF-SEH-02.
(9)State Metals Industries, Inc., October 27, 2006, U.S. District Court, District of New Jersey, Case #2:06-CR-442-JLL.
(10)Romeo Dibattista (a.k.a. Romero Dibattista), January 10, 2006, U.S. District Court, Southern District of Florida, Case #05-20764-CR-KING.
(11)Luciano Dibattista, January 10, 2006, U.S. District Court, Southern District of Florida, Case #05-20764-CR-KING. As noted above, at the end of the three-year period following the date of conviction, the above named persons/entities remain debarred unless export privileges are reinstated. Debarred persons are generally ineligible to participate in activity regulated under the ITAR (see e.g., §§ 120.1(c) and (d), and 127.11(a)). Also, under § 127.1(c) of the ITAR, any person who has knowledge that another person is subject to debarment or is otherwise ineligible may not, without disclosure to and written approve from the Directorate of Defense Trade Controls, participate, directly or indirectly, in any export in which such ineligible person may benefit therefrom or has a direct or indirect interest therein. This notice is provided for purposes of making the public aware that the persons listed above are prohibited from participating directly or indirectly in activities regulated by the ITAR, including any brokering activities and in any export from or temporary import into the United States of defense articles, related technical data, or defense services in all situations covered by the ITAR. Specific case information may be obtained from the Office of the Clerk for the U.S. District Courts mentioned above and by citing the court case number where provided. Dated: June 7, 2007. Michael W. Coulter, Acting Assistant Secretary for Political-Military Affairs, Department of State. [FR Doc. E7-11991 Filed 6-19-07; 8:45 am] BILLING CODE 4710-25-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-27357] Commercial Driver's License Advisory Committee AGENCY: Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of meeting. SUMMARY: This notice sets forth the schedule for an additional meeting of the Commercial Driver's License
(CDL)Advisory Committee. Pursuant to section 4135 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the Secretary of Transportation established this advisory committee to study and address current impediments and foreseeable challenges to the commercial driver's license program's effectiveness and measures needed to realize the full safety potential of the commercial driver's license program. Members of the advisory committee include State motor vehicle administrators, organizations representing government agencies or officials, members of the Judicial Conference, representatives of the trucking industry, representatives of labor organizations, and safety advocates. DATES: The meeting will be held on July 11-12, 2007. *Time:* The meeting is scheduled to be conducted from 8:30 a.m. until 5 p.m. The meeting may end early or be extended based on the length of the discussions. ADDRESSES: The committee's meetings are held at the Hilton Arlington, 950 North Stafford Street, Arlington, Virginia 22203. You may submit comments, identified by DOT DMS Docket Number FMCSA-2007-27357, by any of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Agency Web Site:* *http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. NOTE: Due to the relocation of the U.S. Department of Transportation, the DOT electronic docket site will not be available between June 13 and June 17, 2007. During this time you may submit comments by one of the alternate methods listed. • *Fax:* 1-202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Instructions:* All submissions must include the agency name and docket number (FMCSA-2007-27357). 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 to U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *Privacy Act:* Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477) or you may visit *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Lloyd E. Goldsmith, Transportation Specialist, CDL Division, at
(202)366-2964 ( *lloyd.goldsmith@dot.gov* ), Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Title VI, Pub. L. 109-59). Section 4135 mandates the establishment of a Commercial Driver's License
(CDL)Task Force to study and address current impediments and foreseeable challenges to the commercial driver's license program's effectiveness and measures needed to realize the full safety potential of the commercial driver's license program. The CDL program was established by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986 (Title XII, Pub. L. 99-570). To carry out this requirement, FMCSA formed an advisory committee, consistent with the standards of the Federal Advisory Committee Act (FACA). See 71 FR 69605, December 1, 2006. The notice requested applications from persons interested in serving as members of the CDL Advisory Committee and requested applications not later than January 2, 2007. After evaluating all applications received by due date, the Secretary of Transportation appointed the members of the committee. The statutory timetable for this effort is short. Section 4132 of the SAFETEA-LU specifies that not later than 2 years after the date of enactment of this Act (e.g., by August 10, 2007), the Secretary, on behalf of the task force, shall complete a report of findings and recommendations for legislative, regulatory, and enforcement changes to improve the commercial drivers license program and submit the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. To meet this deadline, FMCSA conducted a very compressed schedule of Committee meetings. The FMCSA held three meetings with public comment periods on March 20-22, 2007, April 17-19, 2007, and May 15-17, 2007. The meetings of the committee were open to the public. As a general matter, the committee made one hour available for public comments on the Thursday of each meeting (March 22, April 19, and May 17) from 1-2 p.m. This fourth meeting is being scheduled to provide the committee time to adequately consider the information presented at the first three meetings and to review a draft of the report being prepared on behalf of the committee. No new topics will be introduced at this fourth meeting. This meeting is open to the public but there will be no public comment period at this meeting. However, any person may submit written comments identified by FMCSA Docket number FMCSA-2007-27357 as listed under the ADDRESSES section of this notice. FMCSA will consider all comments received to the extent practicable. Issued on: June 12, 2007. William A. Quade, Acting Associate Administrator, Enforcement and Program Delivery. [FR Doc. E7-11864 Filed 6-19-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-28013] Medical Review Board Public Meeting AGENCY: Federal Motor Carrier Safety Administration (FMCSA) United States Department of Transportation (DOT). ACTION: Notice of Medical Review Board
(MRB)public meeting. SUMMARY: FMCSA announces that the MRB will hold its next meeting on July 26, 2007. The meeting will provide the public an opportunity to observe and participate in MRB deliberations about the revision and development of Federal Motor Carrier Safety Regulation (FMCSR) medical standards, in accordance with the Federal Advisory Committee Act (FACA). DATES: The MRB meeting will be held from 9 a.m.-12:30 p.m. on July 26, 2007. Please note the preliminary agenda for this meeting in the SUPPLEMENTARY INFORMATION section of this notice for specific information. ADDRESSES: The meeting will take place at the Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Rooms Crystal V & VI, Crystal City, VA 22202. You may submit comments identified by DOT Docket Management System
(DMS)Docket Number FMCSA-2007-28013 using any of the following methods: • *Web Site: http://dmses.dot.gov/submit.* 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, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery:* Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., 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 number 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 W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., 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 acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. *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 U.S. 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. *Information on Services for Individuals with Disabilities:* For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Kaye Kirby at 202-366-4001. SUPPLEMENTARY INFORMATION: The preliminary agenda for the meeting includes: 09:00-09:05 Call to Order, Introduction and Agenda Review. 09:05-09:45 MRB Business, Action Items, Diabetes Mellitus, Neurological Diseases Part I (Seizure Disorders). 09:45-10:15 Expert Panel Recommendations (Invited Speaker). 10:15-11:00 Deliberations on Evidence Report and Panel Comments. 11:00-11:30 MRB Questions on Neurological Disease, Musculoskeletal Disease, Other Medical Topics. 11:30-12:30 Public Comment Period. 12:30 Adjourn. Breaks will be announced on meeting day and may be adjusted according to schedule changes, and other meeting requirements. Background The U.S. Secretary of Transportation announced on March 7, 2006, the five medical experts who serve on FMCSA's MRB. Section 4116 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Pub. L. 109-59) requires the Secretary of Transportation with the advice of the MRB to “establish, review, and revise medical standards for operators of Commercial Motor Vehicles
(CMVs)that will ensure that the physical condition of operators is adequate to enable them to operate the vehicles safely.” FMCSA is planning updates to the physical qualification regulations of CMV drivers, and the MRB will provide the necessary science-based guidance to establish realistic and responsible medical standards. The MRB operates in accordance with the Federal Advisory Committee Act
(FACA)as announced in the **Federal Register** (70 FR 57642, October 3, 2005). The MRB is charged initially with the review of all current FMCSA medical standards (49 CFR 391.41), as well as proposing new science-based standards and guidelines to ensure that drivers operating CMVs in interstate commerce, as defined in CFR 390.5, are physically capable of doing so. Meeting Participation Attendance is open to the interested public, including medical examiners, motor carriers, drivers, and representatives of medical and scientific associations. Written comments for this MRB meeting will also be accepted beginning on June 20, 2007 and continuing until July 20, 2007, and should include the docket number that is listed in the ADDRESSES section. During the MRB meeting, oral comments will be accepted on a first come, first serve basis as requestors register at the meeting, but may be limited depending on how many persons wish to comment. The comments must directly address relevant medical and scientific issues on the MRB meeting agenda. For more information, please view the following Web site: *http://www.mrb.fmcsa.dot.gov.* Issued on: June 12, 2007. Larry W. Minor, Acting Associate Administrator,Policy and Program Development. [FR Doc. E7-11863 Filed 6-19-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-99-5748, FMCSA-00-8398, FMCSA-01-9258, FMCSA-03-14223, FMCSA-05-20027] 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 5 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 30, 2007. Comments must be received on or before July 20, 2007. ADDRESSES: You may submit comments identified by DOT Docket Management System
(DMS)Docket Numbers FMCSA-99-5748, FMCSA-00-8398, FMCSA-01-9258, FMCSA-03-14223, FMCSA-05-20027, using any of the following methods. • *Web Site: ttp://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, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery:* Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., 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 W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., 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 acknowledgment 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, FMCSA, Room W64-224, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. 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 5 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 5 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Roger K. Cox Thomas E. Howard Clifford E. Masink Myron D. Dixon Billy L. Johnson 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 5 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (64 FR 40404; 64 FR 66962; 67 FR 17102; 70 FR 25878; 65 FR 78256; 66 FR 16311; 68 FR 13360; 70 FR 37891; 66 FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 33937; 68 FR 10301; 68 FR 19596; 70 FR 16886; 70 FR 2701; 70 FR 16887). Each of these 5 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 July 20, 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 5 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: June 12, 2007. Larry W. Minor, Acting Associate Administrator, Policy and Program Development. [FR Doc. E7-11862 Filed 6-19-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Application for Special Permits AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of applications for special permits. SUMMARY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the “Nature of Application” portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passenger-carrying aircraft. DATES: Comments must be received on or before July 20, 2007. *Address Comments to:* Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a self-addressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Copies of the applications are available for inspection in the Records Center, Nassif Building, 400 7th Street, SW., Washington, DC or at *http://dms.dot.gov.* This notice of receipt of applications for special permit is published in accordance with Part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Issued in Washington, DC, on June 13, 2007. Delmer Billings, Director, Special Permits & Approvals Programs, Office of Hazardous Materials, Special Permits & Approvals. Application No. Docket No. Applicant Regulations(s) affected Nature of special permits thereof; NEW SPECIAL PERMITS 14517-N The Children's Hospital Denver, CO 49 CFR 173.196; 178.609 To authorize the one-way transportation in commerce of infectious substances other than Category A in specially designed packaging (freezers). (mode 1) 14519-N Commordore Advanced Sciences, Inc. Richland, WA 49 CFR 173.244 To authorize the one-time, one-way transportation in commerce of solidified sodium metal (UN1428) in alternative packaging from Mobile, Alabama to Oakridge, Tennessee. (modes 1,2) 14520-N PPG Industries Monroeville, PA 49 CFR 172.203(a),173.26 and 179.13 To authorize the transportation in commerce of Class 8 hazardous materials in DOT specification 111A100W6 tank car tanks that exceed the maximum allowable gross weight on rail (263,000 lbs.). (mode 2) 14522-N Toyota Motor Sales, U.S.A., Inc. Torrance,CA 49 CFR Part 172 and Part 173 To authorize the transportation in commerce of certain Class 8 and 9 hazardous materials across a public road within Toyota's facility to be transported as non-regulated. (mode 1) 14523-N Pacific Bio-Material Management, Inc. Fresno, CA 49 CFR 173.196(b); 173.196(e)(2)(ii) To authorize the transportation in commerce of certain infectious substances in specially designed packaging (freezers). (mode 1) 14524-N Oxia U.S. Ltd. Las Vegas, NV 49 CFR 173.306(a)(1) To authorize the transportation in commerce of a DOT Specification 3AL cylinder with a containing 90% oxygen and 10% nitrogen as consumer commodity when the capacity does not exceed 5.2 ounces transported by motor vehicle. (mode 1) 14525-N Alcoa Inc. Pittsburgh, PA 49 CFR Parts 171-180 except shipping papers and ID number marking To authorize the transportation in commerce of certain used diatomaceus earth filter material not subject to the Hazardous Materials Regulations, except for shipping papers and certain marking requirements when transported by motor vehicle. (mode 1) 14529-N EnviroClean Management Services, Inc. Dallas, TX 49 CFR 172.301(c); 173.197(d) To authorize the transportation in commerce of regulated medical waste in containers that are not leak-proof per 173.197(d). (mode 1) [FR Doc. 07-3021 Filed 6-19-07; 8:45 am]
Connectionstraces to 11
19 references not yet in our index
  • Pub. L. 95-216
  • Pub. L. 98-21
  • Pub. L. 108-203
  • 17 CFR 240.19
  • 17 CFR 19
  • Pub. L. 109-59
  • Pub. L. 99-570
  • 49 CFR 391.41
  • 49 CFR 391.41(b)(10)
  • 49 CFR 381
  • 49 CFR 107
  • 49 CFR 1.53(b)
  • 49 CFR 173.196
  • 49 CFR 173.244
  • 49 CFR 172.203(a)
  • 49 CFR 172
  • 49 CFR 173.196(b)
  • 49 CFR 173.306(a)(1)
  • 49 CFR 172.301(c)
Citation graph
cites case law
Notices
Notice
C.F.R.§ 219.64
U.S.C.§ 3506
U.S.C.§ 552
U.S.C.§ 78s
U.S.C.§ 78f
C.F.R.§ 200.30-3
U.S.C.§ 78c
U.S.C.§ 2778
U.S.C.§ 31136
Pub. L.Pub. L. 95-216
Pub. L.Pub. L. 98-21
Pub. L.Pub. L. 108-203
Cites 30 · showing 12Cited by 0 across 0 sources
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