Notices. Notice
34,593 words·~157 min read·
/register/2007/07/06/07-3328A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4410-01-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request; Republication **Editorial Note:** FR Doc. E7-12729 was originally published on page 36044 in the issue of Monday, July 2, 2007. Due to omitted text, the document is being reprinted in its entirety. June 27, 2007. The Department of Labor
(DOL)has submitted the following public information collection requests
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, may be obtained from RegInfo.gov at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov* . Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Mine Safety and Health Administration (MSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free numbers), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Mine Safety and Health Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Operations Under Water. *OMB Number:* 1219-0020. *Type of Response:* Reporting. *Affected Public:* Private Sector: Business or other for-profit (Mines). *Number of Respondents:* 30. *Estimated Number of Annual Responses:* 30. *Average Response Time:* 5 hours. *Estimated Annual Burden Hours:* 150. *Total Annualized capital/startup costs:* $450. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* 30 CFR 1716 requires coal mine operators to obtain a permit to mine under a body of water if in the judgment of the Secretary of Labor, it is sufficiently large enough to constitute a hazard to miners. *Agency:* Mine Safety and Health Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Program to Prevent Smoking in Hazardous Areas. *OMB Number:* 1219-0041. *Type of Response:* Reporting. *Affected Public:* Private Sector: Business or other for-profit (Mines). *Number of Respondents:* 101. *Estimated Number of Annual Responses:* 101. *Average Response Time:* 30 minutes. *Estimated Annual Burden Hours:* 51. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* The information collection requirements contained in 30 CFR 75.1702 and § 75.1702-1 help to ensure that miners are protected from the unnecessary hazards associated with the open flame of a cigarette lighter or match. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E7-12729 Filed 6-29-07; 8:45 am] Editorial Note: FR Doc. E7-12729 was originally published on page 36044 in the issue of Monday, July 2, 2007. Due to omitted text, the document is being reprinted in its entirety. [FR Doc. R7-12729 Filed 7-5-07; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2006-0028] MET Laboratories, Inc.; Application for Expansion of Recognition AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. SUMMARY: This notice announces the application of MET Laboratories, Inc.,
(MET)for expansion of its recognition, and presents the Agency's preliminary finding in favor of granting this request. This preliminary finding does not constitute an interim or temporary approval of this application. DATES: You must submit information or comments, or any request for extension of the time to comment, by the following dates: • Hard copy: Postmarked or sent by July 23, 2007. • Electronic transmission or facsimile: Sent by July 23, 2007. ADDRESSES: You may submit comments by any of the following methods: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions. *Fax:* If your submissions, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at
(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2006-0028 (formerly, NRTL1-88), U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and the OSHA docket number for this notice (OSHA Docket No. OSHA-2006-0028; formerly, NRTL1-88). Submissions, including any personal information you provide, are placed in the public docket without change and may be made available online at *http://www.regulations.gov* . *Docket:* To read or download submissions or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. *Extension of Comment Period:* Submit requests for extensions concerning this notice to the Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210. Or, fax to
(202)693-1644. FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N3655, Washington, DC 20210, or phone
(202)693-2110. Our Web page includes information about the NRTL Program (see *http://www.osha.gov* and select “N” in the site index). SUPPLEMENTARY INFORMATION: Notice of Application The Occupational Safety and Health Administration
(OSHA)hereby gives notice that MET Laboratories, Inc.,
(MET)has applied for expansion of its current recognition as a Nationally Recognized Testing Laboratory (NRTL). MET's expansion request covers the use of additional test standards. OSHA's current scope of recognition for MET may be found in the following informational Web page: *http://www.osha.gov/dts/otpca/nrtl/met.html* . OSHA recognition of an NRTL signifies that the organization has met the legal requirements in Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition and is not a delegation or grant of government authority. As a result of recognition, employers may use products properly approved by the NRTL to meet OSHA standards that require testing and certification. The Agency processes applications by an NRTL for initial recognition or for expansion or renewal of this recognition following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the Agency publish two notices in the **Federal Register** in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding and, in the second notice, the Agency provides its final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. We maintain an informational Web page for each NRTL, which details its scope of recognition. These pages can be accessed from our Web site at *http://www.osha.gov/dts/otpca/nrtl/index.html* . The most recent notice published by OSHA specifically related to MET's recognition was published on August 17, 2006 (71 FR 47532), which was also a preliminary notice for expansion. The current address of the MET facility
(site)already recognized by OSHA is: MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, MD 21230. General Background on the Application MET has submitted an application, dated April 25, 2006 (see Exhibit 41-1), to expand its recognition to include 22 additional test standards; however, one standard is already included in MET's scope. The NRTL Program staff has determined that the remaining 21 standards are “appropriate test standards” within the meaning of 29 CFR 1910.7(c). Therefore, OSHA would approve these 21 test standards for the expansion. MET seeks recognition for testing and certification of products for demonstration of conformance to the following test standards: ANSI A17.5 Elevator and Escalator Electrical Equipment UL 250 Household Refrigerators and Freezers UL 399 Drinking Water Coolers UL 430 Waste Disposers UL 474 Dehumidifiers UL 498A Current Taps and Adapters UL 563 Ice Makers UL 749 Household Dishwashers UL 826 Household Electric Clocks UL 858 Household Electric Ranges UL 998 Humidifiers UL 1005 Electric Flatirons UL 1082 Household Electric Coffee Makers and Brewing-Type Appliances UL 1086 Household Trash Compactors UL 1261 Electric Water Heaters for Pools and Tubs UL 1640 Portable Power-Distribution Equipment UL 1741 Inverters, Converters, Controllers and Interconnection System Equipment for Use With Distributed Energy Resources UL 1994 Luminous Egress Path Marking Systems UL 2157 Electric Clothes Washing Machines and Extractors UL 2158 Electric Clothes Dryers UL 60335-2-8 Household and Similar Electrical Appliances, Part 2: Particular Requirements for Shavers, Hair Clippers, and Similar Appliances The designations and titles of the above test standards were current at the time of the preparation of this notice. OSHA's recognition of MET, or any NRTL, for a particular test standard is limited to equipment or materials (i.e., products) for which OSHA standards require third-party testing and certification before use in the workplace. Consequently, if a test standard also covers any product(s) for which OSHA does not require such testing and certification, an NRTL's scope of recognition does not include that product(s). A test standard listed above may also be approved as an American National Standard by the American National Standards Institute (ANSI). However, for convenience, we use the designation of the standards developing organization for the standard as opposed to the ANSI designation. Under our procedures, any NRTL recognized for an ANSI-approved test standard may use either the latest proprietary version of the test standard or the latest ANSI version of that standard. You may contact ANSI to find out whether or not a test standard is currently ANSI-approved. Preliminary Finding on the Application MET has submitted an acceptable request for expansion of its recognition as an NRTL. In connection with this request, OSHA did not perform an on-site review of MET's NRTL testing facilities. However, NRTL Program assessment staff reviewed information pertinent to the request and recommended that MET's recognition be expanded to include the additional test standards listed above (see Exhibit 41-2). Our review of the application file, the assessor's recommendation, and other pertinent documents indicate that MET can meet the requirements, as prescribed by 29 CFR 1910.7, for expansion of its scope to include the additional test standards listed above. This preliminary finding does not constitute an interim or temporary approval of the application. OSHA welcomes public comments, in sufficient detail, as to whether MET has met the requirements of 29 CFR 1910.7 for expansion of its recognition as a Nationally Recognized Testing Laboratory. Your comments should consist of pertinent written documents and exhibits. Should you need more time to comment, you must request it in writing, including reasons for the request. OSHA must receive your written request for extension at the address provided above no later than the last date for comments. OSHA will limit any extension to 30 days, unless the requester justifies a longer period. We may deny a request for extension if it is not adequately justified. You may obtain or review copies of MET's requests, the assessor's recommendation, other pertinent documents, and all submitted comments, as received, by contacting the Docket Office, Room N-2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. Docket No. OSHA-2006-0028 (formerly, NRTL1-88) contains all materials in the record concerning MET's application. The NRTL Program staff will review all timely comments and, after resolution of issues raised by these comments, will recommend whether to grant MET's expansion request. The Assistant Secretary will make the final decision on granting the expansion and, in making this decision, may undertake other proceedings that are prescribed in Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this final decision in the **Federal Register** . Signed at Washington, DC, this 25th day of June, 2007. Edwin G. Foulke, Jr., Assistant Secretary for Occupational Safety and Health. [FR Doc. E7-13106 Filed 7-5-07; 8:45 am] BILLING CODE 4510-26-P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meeting of National Council on the Humanities AGENCY: The National Endowment for the Humanities. ACTION: Notice of Meeting. Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended) notice is hereby given that the National Council on the Humanities will meet in Washington, DC on July 26-27, 2007. The purpose of the meeting is to advise the Chairman of the National Endowment for the Humanities with respect to policies, programs, and procedures for carrying out his functions, and to review applications for financial support from and gifts offered to the Endowment and to make recommendations thereon to the Chairman. The meeting will be held in the Old Post Office Building, 1100 Pennsylvania Avenue, NW., Washington, DC. A portion of the morning and afternoon sessions on July 26-27, 2007, will not be open to the public pursuant to subsections (c)(4), (c)(6) and (c)(9)(B) of section 552b of Title 5, United States Code because the Council will consider information that may disclose: Trade secrets and commercial or financial information obtained from a person and privileged or confidential; information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and information the premature disclosure of which would be likely to significantly frustrate implementation of proposed agency action. I have made this determination under the authority granted me by the Chairman's Delegation of Authority dated July 19, 1993. The agenda for the sessions on July 26, 2007 will be as follows: Committee Meetings (Open to the Public) Policy Discussion 9-10:30 a.m. Challenge Grants/Digital Humanities Initiative—Room 415 Education Programs—Room 315 Federal/State Partnership—Room 510A Public Programs—Room 421 (Closed to the Public) Discussion of Specific Grant Applications and Programs Before the Council 10:30 a.m. until adjourned Challenge Grants/Digital Humanities Initiative—Room 415 Education Programs—Room 315 Federal/State Partnership—Room 510A Public Programs—Room 421 2:30-3:30 p.m. National Humanities Medals—Room 527 The morning session of the meeting on July 27, 2007 will convene at 9 a.m., in the first floor Council Room M-09, and will be open to the public, as set out below. The agenda for the morning session will be as follows: A. Minutes of the Previous Meeting B. Reports 1. Introductory Remarks. 2. Staff Report. 3. Congressional Report. 4. Reports on Policy and General Matters. a. Challenge Grants. b. Digital Humanities Initiative. c. Education Programs. d. Federal/State Partnership. e. Public Programs. f. National Humanities Medals. The remainder of the proposed meeting will be given to the consideration of specific applications and will be closed to the public for the reasons stated above. Further information about this meeting can be obtained from Heather Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or by calling
(202)606-8322, TDD
(202)606-8282. Advance notice of any special needs or accommodations is appreciated. Heather C. Gottry, Acting Advisory Committee Management Officer. [FR Doc. E7-13076 Filed 7-5-07; 8:45 am] BILLING CODE 7536-01-P NATIONAL SCIENCE FOUNDATION National Science Board ad hoc Committee on Nominations for the Class of 2008-2014; Sunshine Act Meetings; Notice The National Science Board's ad hoc Committee on Nominations for the class of 2008-2014, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n-5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of meetings for the transaction of National Science Board business and other matters specified, as follows: Date and Time: Thursday, July 19, 2007 at 2 p.m. Subject Matter: Discussion of candidates for the National Science Board Membership for the term 2008-2014. Status: Closed. This meeting will be held by teleconference originating at the National Science Board Office, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Please refer to the National Science Board Web site ( *http://www.nsf.gov/nsb* ) for information or schedule updates, or contact: Ann Noonan, National Science Board Office, 4201 Wilson Blvd., Arlington, VA 22230. Telephone:
(703)292-7000. Russell Moy, Attorney-Advisor. [FR Doc. E7-13059 Filed 7-5-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Draft Regulatory Guide: Issuance, Availability AGENCY: Nuclear Regulatory Commission. ACTION: Draft Regulatory Guide: Issuance, Availability. FOR FURTHER INFORMATION CONTACT: Bonnie A. Schnetzler, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone:
(301)415-7883 or e-mail *BAS5@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission
(NRC)has issued for public comment a draft guide in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled “Reporting of Safeguards Events,” is temporarily identified by its task number, DG-5019, which should be mentioned in all related correspondence. This draft regulatory guide provides an approach acceptable to the NRC staff for use by licensees for reporting of security events. In 10 CFR part 73, “Physical Protection of Plants and Materials,” Section 73.71 requires licensees to report to the Operations Center of the Nuclear Regulatory Commission
(NRC)or to record in a log certain security events. Appendix G, “Reportable Safeguards Events,” to 10 CFR part 73 (Appendix G) describes reporting requirements in detail. Appendix E to 10 CFR part 50 (Appendix E), “Emergency Planning and Preparedness for Production and Utilization Facilities,” provides more detailed information for emergency planning and preparedness. The events to be reported or recorded are those that represent actual or potential threats, suspicious activities, external attacks, or internal tampering with equipment that threaten or affect safe plant operations or effective security operations. The events to be recorded are those that affect or lessen the effectiveness of the security systems, components, and procedures as established by security regulations and the licensee's approved security plans. Proposed revisions to 10 CFR 73.71 included two new requirements for power reactors:
(1)The reporting within 15 minutes after discovery of an actual or imminent threat against a facility, and
(2)the reporting of suspicious surveillance activities or attempts at access, both of which are addressed in this guide. II. Further Information The NRC staff is soliciting comments on Draft Regulatory Guide DG-5019. Comments may be accompanied by relevant information or supporting data, and should mention DG-5019 in the subject line. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC's Agencywide Documents Access and Management System (ADAMS). Personal information will not be removed from your comments. You may submit comments by any of the following methods: 1. *Mail comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 2. *E-mail comments to: NRCREP@nrc.gov.* You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Address questions about our rulemaking Web site to Carol A. Gallagher
(301)415-5905; e-mail *CAG@nrc.gov.* 3. *Hand-deliver comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. 4. *Fax comments to:* Rulemaking, Directives, and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission at
(301)415-5144. Requests for technical information about Draft Regulatory Guide DG-5019 may be directed to NRC Senior Program Manager, Bonnie A. Schnetzler, at
(301)415-7883 or e-mail BASA5@nrc.gov. Comments would be most helpful if received by 60 days from issuance of the FRN. Comments received after that date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of Draft Regulatory Guide DG-5019 are available through the NRC's public Web site under Draft Regulatory Guides in the Regulatory Guides document collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/.* Electronic copies are also available in ADAMS ( *http://www.nrc.gov/reading-rm/adams.html* ), under Accession No. ML071710233. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at
(301)415-4737 or
(800)397-4209, by fax at
(301)415-3548, and by e-mail to *PDR@nrc.gov.* Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. (5 U.S.C. 552(a)) Dated at Rockville, Maryland, this 28th day of June, 2007. For the Nuclear Regulatory Commission. Andrea Valentin, Chief, Regulatory Guide Branch, Division of Fuel, Engineering and Radiological Research, Office of Nuclear Regulatory Research. [FR Doc. E7-13098 Filed 7-5-07; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55983; File No. SR-Amex-2007-68] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Fees Charged to Member Organizations for Transactions in Exchange-Traded Funds and To Implement a Revenue Sharing Program for Specialists in Exchange-Traded Funds June 29, 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 28, 2007, the American Stock Exchange LLC (“Exchange” or “Amex”) 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:
(1)Amend the Exchange Traded Funds (“ETFs”) and Trust Issued Receipts Fee Schedule (“Fee Schedule”) to revise various transaction fees; and
(2)adopt a revenue sharing program for specialists and registered traders in ETFs. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.amex.com* ), at the Exchange's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change 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 a. Charges Assessed for Transactions in Customer Accounts The Exchange proposes to revise the fees it charges to members for transactions in customer accounts. 3 Currently, Amex transaction charges for ETFs are assessed for customer accounts monthly on a per-share basis with the application of various caps and discounts. The Exchange now proposes to:
(1)Decrease the transaction charge for customers from $0.0030 to $0.0023 (given the lower rate, the $100 per transaction cap will result in transaction charges being assessed only on the first 43,478 shares);
(2)eliminate the waiver of fees for electronically entered orders of 2,400 shares or less;
(3)establish a flat rate of $0.0007 per share (or seven cents per 100 shares) for clearing charges for orders routed to and executed at another market center;
(4)establish a flat rate of $0.0030 per share for orders routed to and executed at another market center; 4 and
(5)establish a fee of 0.3% of the total dollar value of the transaction for ETFs trading with a share price of less than $1.00. 5 3 Customer accounts are defined for purposes of the fee schedule to include accounts for all market participants except specialists and registered traders. Therefore, customer accounts (and the fees charged to them) include members' off-floor proprietary accounts, competing market makers on other exchanges, and other member and non-member broker-dealers. 4 Orders routed to and executed at another exchange are charged this fee in lieu of the Amex transaction charge. 5 Item
(5)was corrected to clarify that the proposed fee change set forth therein applies to ETFs and not to equities, as the text originally read in the Exchange's filing. Telephone Conversation between Claire McGrath, Senior Vice President and General Counsel, Exchange, and Nathan Saunders, Special Counsel, Division of Market Regulation, Commission, on June 29, 2007. b. Transaction Charges for Specialists. Currently, ETF specialists and registered traders are assessed a transaction charge of $0.0003 per share (or 3 cents per 100 shares) for all shares executed per month. In addition, transaction charges for ETF specialists are capped at $400,000 per month. There are no caps or discounts applied to transaction charges for ETF registered traders. In conjunction with the revenue sharing program described below and a prohibition on specialist commissions, which is proposed by means of a separate filing 6 submitted in conjunction with this proposal, the Exchange proposes to eliminate transaction charges for ETF specialists and ETF registered traders and the $400,000 per-month cap for ETF specialists. 6 *See* File No. SR-Amex 2007-67, filed on June 28, 2007. c. Revenue Sharing Program. The Exchange proposes to introduce a revenue sharing program for ETF specialists. Revenue sharing payments will be made from the Exchange's general revenues and will not be limited to a particular revenue source. The Exchange's reasons for introducing this revenue sharing program for specialists reflect a recognition of both the uncertainties faced by specialists in light of the implementation of Regulation NMS and their proposed loss of commission income. To provide ETF specialists with a source of payments in lieu of commissions and to provide incentives to specialists to quote aggressively in Amex-traded shares, the Exchange proposes to distribute revenue to the ETF specialists and ETF registered traders as outlined below. The program will be in effect through the end of December 2007. There will be two ways in which ETF specialists will participate in revenue sharing. An ETF specialist will receive a payment (calculated monthly) of $0.0024 per share (or 24 cents per 100 shares) whenever the specialist either buys or sells its specialty ETF on the Exchange and is a provider of liquidity in that transaction ( *e.g.* , the specialist's quote is traded against or the specialist offsets an order imbalance as part of an opening or closing transaction). Additionally, an ETF specialist will receive a payment (calculated monthly) of $0.0004 per share (or 4 cents per 100 shares) for all shares executed on the Exchange in its specialty ETF in which the specialist does not participate. A registered trader in ETFs will receive a revenue sharing payment of $0.0010 per share (or 10 cents per 100 shares) whenever the registered trader either buys or sells an ETF on the Exchange and is a provider of liquidity in that transaction. Neither the specialist nor the registered trader will receive a payment when it is a contra-party to the same transaction. Revenue sharing will also be paid on transactions in securities trading at less than $1.00, equal to the amount collected by the Exchange. However, the revenue sharing payment for such transactions will be paid only on the portion of the transaction for which the Exchange collects revenue. As discussed above, customer transaction charges are capped at $100 per transaction, which means that transaction charges are assessed on only the first 43,478 shares. Thus, for transactions of more than 43,478 shares, specialists and registered traders will receive payments based only on the first 43,478 shares. The revisions to the Fee Schedule and the adoption of a revenue sharing program for ETF specialists and ETF registered traders will be implemented beginning July 1, 2007. As discussed above, the Exchange is also proposing to eliminate ETF specialist commissions in a separate filing in which the Exchange requests waiver of the 30-day operative delay under Rule 19b-4(f)(6)(iii) 7 so that the prohibition on ETF specialists' commissions will also take effect on July 1, 2007. 7 17 CFR 19b-4(f)(6)(iii). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 8 in general, and furthers the objectives of Section 6(b)(4) of the Act 9 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. Specifically, the Exchange is proposing to reduce and/or eliminate various fees for its market participants while instituting a revenue sharing program to provide incentives for an increase in order flow. 8 15 U.S.C. 78f(b). 9 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 No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change has been designated by the Exchange as one that 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 10 and Rule 19b-4(f)(2) thereunder. 11 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. 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 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 No. SR-Amex-2007-68 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-2007-68. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the 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-2007-68 and should be submitted on or before July 27, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-13023 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55986; File No. SR-Amex-2007-69] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Fees Charged to Member Organizations for Transactions in Equity Securities June 29, 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 29, 2007, the American Stock Exchange LLC (“Exchange” or “Amex”) 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 amend its Equity Fee Schedule to revise various transaction fees. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.amex.com* ), at the Exchange's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to revise certain fees it charges to members for transactions in customer accounts. 3 Currently, Amex does not assess transaction charges for equities priced under $1.00. Additionally, for orders routed to another market center, Amex charges clearing fees and passes through to its customers the access charges it incurs for such orders. In order to provide members with consistent and transparent fees, the Exchange now proposes to:
(1)Establish a flat rate of $0.0007 per share (or seven cents per 100 shares) for clearing charges for orders routed to and executed at another market center;
(2)establish a flat rate of $0.0030 per share for orders routed to and executed at another market center; 4 and
(3)establish a fee of 0.3% of the total dollar value of the transaction for equities trading with a share price of less than $1. All other aspects of the existing fee schedule will remain unchanged, including fee caps and waivers for small transactions. 3 Customer accounts are defined for purposes of the fee schedule to include accounts for all market participants except specialists and registered traders. Therefore, customer accounts (and the fees charged to them) include members' off-floor proprietary accounts, competing market makers on another exchange, and other member and non-member broker-dealers. 4 Orders routed to and executed on another exchange are charged this fee in lieu of the Amex transaction charge. The revisions to the Equity Fee Schedule will be implemented beginning July 1, 2007. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with 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 its members and other persons using its facilities. Specifically, the Exchange is proposing to establish and revise various fees for transactions in its equity securities in order to collect revenue for transactions in equities with a share price of less than $1.00 and to provide consistency and clarity in the fees charged for orders routed to and executed on another market center. 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 No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change has been designated by the Exchange as one that 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 7 and Rule 19b-4(f)(2) thereunder. 8 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. 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 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 No. SR-Amex-2007-69 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-2007-69. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the 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-2007-69 and should be submitted on or before July 27, 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. E7-13066 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55977; File No. SR-CBOE-2007-69] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Fees for the CBOE Stock Exchange June 28, 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 25, 2007, the Chicago Board Options Exchange, Incorporated (“Exchange” or “CBOE”) 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 modify its fees applicable to the CBOE Stock Exchange (“CBSX”). The text of the proposed rule change is available on the Exchange's Web site ( *http://www.cboe.org/legal* ), at the Exchange's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change 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 CBSX fee schedule lists the fees applicable to trading on CBSX. The Exchange is proposing to cease providing market data rebates to users in connection with cross transactions. Transaction fees do not apply to cross trades, and the Exchange believes it is appropriate to exclude cross transactions from the calculation of market data rebates. The market data rebate program will remain unchanged in all other respects. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 3 in general, and furthers the objectives of Section 6(b)(4) 4 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. 3 15 U.S.C. 78f(b). 4 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 No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing 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 5 and Rule 19b-4(f)(2) thereunder. 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 furtherance of the purposes of the Act. 5 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 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 No. SR-CBOE-2007-69 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-2007-69. 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the 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-2007-69 and should be submitted on or before July 27, 2007. 7 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 7 Florence E. Harmon, Deputy Secretary. [FR Doc. E7-13071 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55973; File No. SR-ISE-2007-39] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change as Modified by Amendment No. 1 Thereto Relating to a Fee Reduction and Fee Cap in Options on IWM June 28, 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 1, 2007, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On June 26, 2007, the Exchange filed Amendment No. 1 to the proposed rule change. 3 ISE has designated this proposal as one establishing or changing a due, fee, or other charge imposed by ISE under Section 19(b)(3)(A)(ii) of the Act 4 and Rule 19b-4(f)(2) thereunder, 5 which renders the proposal effective upon filing with the Commission. 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 Amendment No. 1 made clarifying changes to the purpose section, clarified the operation of the Exchange's waiver program with respect to the Comparison and Non-ISE Market Maker fees, and corrected a typographical error in Exhibit 5. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change ISE proposes to establish a reduction and a cap in fees for trading options on the iShares Russell 2000® Index Fund (“IWM”). The text of the proposed rule change is available at the Exchange, its Web Site at *http://www.iseoptions.com/legal/proposed_rule_changes.asp* , and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change, and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend its Schedule of Fees to impose, on a pilot basis until June 30, 2007, both a reduction in and a cap on exchange transaction and comparison fees for IWM options. Specifically, any Member with monthly Average Daily Volume (“ADV”) of 8,000 contracts in IWM options would receive a $.10 discount from the standard transaction fees for contracts traded above that amount, up to ADV of 10,000 contracts in IWM options. For contracts in IWM options traded in excess of 10,000 ADV for a month, the Exchange will waive all transaction and comparison fees. The proposed fee discount program applies to ISE Market Maker orders, non-ISE Market Maker orders, and Firm Proprietary orders in IWM options. The Exchange's current transaction fees for these order types are as follows: For ISE Market Maker orders, the transaction fees range from $.21 to $.12 a contract, depending on the Exchange's trading volume, plus a comparison fee of $.03 per contract; for non-ISE Market Maker orders and Firm Proprietary orders, the transaction fees are $.37 and $.15, respectively, plus a comparison fee of $.03 per contract. The fee reduction and waiver is intended to increase the Exchange's competitiveness in trading IWM options. The Exchange notes that the proposed discount will apply to transaction fees only and not to the payment for order flow fee or any licensing surcharge fee that may be applicable to the trading of options in IWM. This proposal is similar to the volume-based discount fee program currently in place for trading in options on the NASDAQ-100 Index Tracking Stock® (QQQQ®) and for trading in the Exchange's Facilitation Mechanism. 6 6 *See* Securities Exchange Act Release No. 49147 (January 29, 2004), 69 FR 5629 (February 5, 2004) (SR-ISE-2003-32). 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(4) of the Act 7 that an exchange have an equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. 7 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. 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)(ii) of the Act 8 and Rule 19b-4(f)(2) 9 thereunder, because it establishes or changes a due, fee, or other charge imposed by the Exchange. Accordingly, the proposal took effect upon filing with the Commission. 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. 10 8 15 U.S.C. 78s(b)(3)(A)(ii). 9 17 CFR 240.19b-4(f)(2). 10 For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers the period to commence on June 26, 2007, the date on which ISE filed Amendment No. 1. *See* 15 U.S.C. 78s(b)(3)(C). 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-ISE-2007-39 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-ISE-2007-39. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2007-39 and should be submitted on or before July 27, 2007. 11 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 Florence E. Harmon, Deputy Secretary. [FR Doc. E7-13068 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55975; File No. SR-ISE-2007-48] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Fee Changes June 28, 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 15, 2007, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by ISE. ISE filed the proposal pursuant to Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) 4 thereunder, as establishing or changing a due, fee, or other charges applicable to a member, which renders the proposed rule change 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)(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 ISE is proposing to amend its Schedule of Fees to:
(1)Remove the surcharge fee for transactions in options on the iShares Russell 2000® Index Fund (“IWM”), the iShares Russell 2000® Value Index Fund (“IWN”), the iShares Russell 2000® Growth Index Fund (“IWO”), the iShares Russell 1000® Value Index Fund (“IWD”) and the iShares Russell 1000® Index Fund (“IWB”); and
(2)raise the surcharge fee for transactions in options on the Russell 1000® Index (“RUI”), the Russell 2000® Index (“RUT”), and the Mini Russell 2000® Index (“RMN”). The text of the proposed rule change is available at ISE, *http://www.iseoptions.com,* and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to amend its Schedule of Fees to:
(1)Remove the surcharge fee previously adopted for transactions in options on IWM, IWN, IWO, IWD, 5 and IWB; 6 and
(2)raise the surcharge fee previously adopted for transactions in options on RUI, RUT and RMN. 7 The Exchange is proposing to remove the surcharge fee from its Schedule of Fees because it no longer pays a license fee to the Frank Russell Company (“Russell”) in connection with transactions in options on IWM, IWN, IWO, IWD and IWB. Accordingly, there is no longer a need for this surcharge fee. The Exchange will continue to charge an execution fee and a comparison fee for transactions in options on IWM, IWN, IWO, IWD and IWB. 5 *See* Securities Exchange Act Release No. 47075 (December 20, 2002), 67 FR 79673 (December 30, 2002) (SR-ISE-2002-29). 6 *See* Securities Exchange Act Release No. 47564 (March 24, 2003), 68 FR 15256 (March 28, 2003) (SR-ISE-2003-13). 7 *See* Securities Exchange Act Release No. 51858 (June 16, 2005), 70 FR 36218 (June 22, 2005) (SR-ISE-2005-26). Additionally, pursuant to a revised license agreement between Russell and ISE in connection with the listing and trading of options on RUI, RUT and RMN, and to defray the increased licensing costs, the Exchange is raising its surcharge fee from $0.10 per contract to $0.15 per contract for trading in options on RUI, RUT and RMN. The Exchange believes charging the participants that trade this instrument is the most equitable means of recovering the costs of the license. However, because of competitive pressures in the industry, the Exchange proposes to continue excluding Public Customer Orders 8 from this surcharge fee. Accordingly, this surcharge fee shall continue to be charged only to Exchange members with respect to non-Public Customer Orders ( *e.g.* , ISE Market Maker, non-ISE Market Maker & Firm Proprietary orders) and shall apply to certain Linkage Orders under a pilot program that is set to expire on July 31, 2007. 9 The Exchange will, however, continue to charge an execution fee and a comparison fee for transactions in options on RUI, RUT and RMN. 8 Public Customer Order is defined in Exchange Rule 100(a)(39) as an order for the account of a Public Customer. Public Customer is defined in Exchange Rule 100(a)(38) as a person that is not a broker or dealer in securities. 9 Linkage Orders are defined in ISE Rule 1900(10). Under a pilot program that is set to expire on July 31, 2007, these fees will also be charged to Principal Acting as Agent Orders and Principal Orders (as defined in ISE Rule 1900(10)(i)-(ii)). *See* Securities Exchange Act Release No. 54204 (July 25, 2006), 71 FR 43548 (August 1, 2006) (SR-ISE-2006-38). 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(4) 10 that the rules of an exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities. 10 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition ISE does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received Form Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has become effective upon filing with the Commission pursuant to Section 19(b)(3)(A)(ii) of the Act 11 and Rule 19b-4(f)(2) 12 thereunder, because it establishes or changes a due, fee, or other charge applicable only to a member. 11 15 U.S.C. 78s(b)(3)(A)(ii). 12 17 CFR 240.19b-4(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-ISE-2007-48 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-ISE-2007-48. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of ISE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2007-48 and should be submitted on or before July 27, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-13070 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55979; File No. SR-NASDAQ-2007-055] Self-Regulatory Organizations; the NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Fees for Members Using the Nasdaq Market Center June 28, 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 29, 2007, The NASDAQ Stock Market LLC (“Nasdaq” 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 Nasdaq. Nasdaq filed the proposal pursuant to Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) 4 thereunder, as establishing or changing a member due, fee, or other charge, which renders the proposed rule change 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)(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 Nasdaq proposes to modify pricing for Nasdaq members using the Nasdaq Market Center. Nasdaq will implement this rule change on June 1, 2007. The text of the proposed rule change is available at Nasdaq, *http://www.nasdaq.com,* and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change 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 Nasdaq is increasing its fees for routing orders in securities other than exchange-traded funds to the New York Stock Exchange (“NYSE”) in instances where the order does not check the Nasdaq book prior to routing. The current fees for such orders are $0.0035 per share executed for a Directed Intermarket Sweep Order for securities priced at $1 or more per share, $0.000275 per share executed for other orders for securities priced at $1 or more per share, and 0.3% of the total transaction cost for routed orders in securities priced at less than $1 per share. The fees for Directed Intermarket Sweep Orders and transactions at under $1 per share will remain unchanged. Effective June 1, 2007, however, the fee of $0.000275 per share executed for securities priced at $1 or more per share will be available only if a member has an average daily volume through the Nasdaq Market Center in all securities during the month of more than 35 million shares of liquidity provided; members with an average daily volume through the Nasdaq Market Center in all securities during the month of more than 20 million shares of liquidity provided will pay $0.000325 per share executed, and other members will pay $0.00035. Nasdaq is also changing the means of calculating whether members qualify for reduced fees when accessing liquidity in the Nasdaq Market Center, routing to venues other than NYSE, and/or routing orders for exchange-traded funds to the NYSE. These fees are determined by a member's average daily volume of shares of liquidity provided, and its average daily volume of shares of liquidity accessed and/or routed. Nasdaq will not count orders that do not attempt to execute in Nasdaq prior to routing to other venues in determining a member's average daily volume of shares of liquidity accessed and/or routed. 5 5 Nasdaq is also deleting obsolete language that described pricing temporarily in effect in March 2007 for securities priced under $1. The changes are designed to enhance the quality of Nasdaq's market by providing an incentive for members to enter orders that check the Nasdaq book prior to routing. An increase in the extent to which members check the book will in turn encourage liquidity providers to post executable quotes in Nasdaq. Moreover, orders that check the Nasdaq book have an opportunity to post to the book if they are not immediately executable in Nasdaq or elsewhere, and therefore may themselves serve as a source of liquidity provision in Nasdaq. In a Regulation NMS trading environment, market participants must seek the best immediately executable price, and therefore the ability to encourage liquidity provision will be key to a market's ability to compete. Moreover, in situations where market centers are quoting the same price, the pricing change will provide an incentive for market participants to access liquidity in Nasdaq before accessing it elsewhere. To the extent that market participants do enter orders that route immediately, moreover, the pricing change will offer a better price to market participants that nevertheless contribute to market quality by providing liquidity. 2. Statutory Basis Nasdaq believes that the proposed rule change is consistent with the provisions of Section 6 of the Act, 6 in general, and with Section 6(b)(4) of the Act, 7 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility or system which Nasdaq operates or controls. Nasdaq believes that the fee change reflects an allocation of fees that recognizes the benefits to Nasdaq market quality of liquidity provision and orders that access liquidity in Nasdaq prior to routing. 6 15 U.S.C. 78f. 7 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition Nasdaq does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. 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 The foregoing proposed rule change has become effective upon filing with the Commission pursuant to Section 19(b)(3)(A)(ii) of the Act 8 and Rule 19b-4(f)(2) thereunder, 9 in that the proposed rule change establishes or changes a member due, fee, or other charge imposed by the self-regulatory organization. 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. 8 15 U.S.C. 78s(b)(3)(A)(ii). 9 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-NASDAQ-2007-055 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-NASDAQ-2007-055. 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, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of Nasdaq. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2007-055 and should be submitted on or before July 27, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-13072 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55974; File No. SR-NYSE-2007-52] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Exclude Interest Expense on Financial Instruments Classified Under GAAP as Liabilities From the Exchange's Earnings Standard June 28, 2007. Pursuant to Section 19(b)(1) 1 of the Securities Act of 1934 (the “Act”), 2 and Rule 19b-4 thereunder, 3 notice is hereby given that on June 11, 2007, New York Stock Exchange LLC (the “NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule changes as described in Items I and II below, which items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule changes from interested persons. 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 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 amend the earnings standard of Section 102.01C(I) of the Exchange's Listed Company Manual (the “Manual”). The amendment will enable the Exchange to adjust companies” earnings for purposes of the earnings standard to exclude actual historical interest expense paid on financial instruments classified as liabilities under generally accepted accounting principles (“GAAP”) that are either retired with the proceeds of an offering occurring in conjunction with the listing or converted into common stock in conjunction with the company's initial public offering (“IPO”) at the time of listing. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nyse.com* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change 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 NYSE 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 amend the earnings standard of Section 102.01C(I) of the Manual. The amendment will enable the Exchange to adjust the earnings of companies listing in conjunction with an IPO by excluding actual historical interest expense paid on financial instruments classified as liabilities under GAAP that are either retired with the proceeds of an offering occurring in conjunction with the listing or converted into common stock in conjunction with the company's IPO at the time of listing. Nonpublic companies engaging in pre-IPO financings often raise capital through the sale of preferred stock. Preferred stock is also sometimes issued by pre-IPO companies to service providers in lieu of cash compensation. At the time of the company's IPO, the preferred stock may be converted into common stock. Companies may also redeem some or all of the outstanding preferred stock with a portion of the proceeds from the IPO. Section 102.01C(I) currently provides that a company's historical earnings may be adjusted for purposes of the earnings standard to reflect the elimination of the actual historical interest on debt retired with offering proceeds. If the event giving rise to the adjustment occurred during a time period such that pro forma amounts are not set forth in the SEC registration statement, the company must prepare the relevant adjusted financial data to reflect the adjustment to its historical financial data, and its outside audit firm must provide a report of having applied agreed-upon procedures with respect to such adjustments. Such report must be prepared in accordance with the standards established by the American Institute of Certified Public Accountants. Preferred stock generally entitles the holders to the payment of regular dividends. Prior to the adoption of FASB Statement No. 150, many companies treated accreted dividends on preferred stock as a charge to stockholders' equity. Under FASB Statement No. 150, companies are now required to treat certain preferred stock as a liability and, accordingly, any dividends accrued or paid on such preferred stock are treated as interest expense on the income statement. The Exchange believes that it is appropriate to allow the same adjustment to all retired financial instruments classified as liabilities under GAAP as is made for interest paid on retired debt so as to eliminate the effect of dividend payments that are classified as interest expense on earnings when the instrument is retired out of the proceeds of the offering. The Exchange also believes that it is logical to apply the same treatment to the interest associated with any debt or other financial instrument which is converted into common stock at the time of a company's IPO occurring in conjunction with its listing, as the instrument that has given rise to the obligation to pay interest is extinguished at that time. The Exchange believes that this extension is reasonable given the purpose of the earnings standard, which is to determine the suitability for listing of companies on a forward-looking basis. The Exchange anticipates that this amendment will primarily benefit companies retiring preferred stock in connection with their IPOs. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) 4 of the Act, 5 in general, and furthers the objectives of Section 6(b)(5) of the Act, 6 in particular in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 4 15 U.S.C. 78f(b). 5 15 U.S.C. 78a. 6 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments 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 does not:
(1)Significantly affect the protection of investors or the public interest;
(2)impose any significant burden on competition; and
(3)become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, 7 it has become effective pursuant to Section 19(b)(3)(A) of the Act 8 and Rule 19b-4(f)(6) thereunder. 9 7 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. 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b-4(f)(6). Under Rule 19b-4(f)(6) of the Act, 10 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. The Commission believes that it is consistent with the protection of investors and the public interest to waive the 30-day operative delay and make this proposed rule change immediately effective. 11 10 *Id.* 11 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). The Commission notes that, according to the Exchange, Manual Section 102.01(C)(I)(a)(i) already provides for certain adjustments to reflect the net proceeds of an offering, and the intended application of such proceeds to pay off a company's existing debt, including the elimination of actual historical interest on debt being retired with offering proceeds or by conversion into common stock. The proposed rule change would add language to the Manual to clarify that such adjustments to “debt” may properly be made to exclude interest expense on any financial instrument classified under GAAP as a liability. In this respect, the Commission believes that the change represents an effort by the Exchange to interpret the term “debt” as being consistent with the treatment of certain financial instruments considered liabilities under GAAP. Moreover, the proposal will extend the interest expense exclusion from the Exchange's earnings standard to interest associated with debt extinguished by conversion into common stock at the time of a company's IPO occurring in connection with listing. Given the purpose of the Exchange's earnings standard, which is to determine the suitability of applicants for listing on a forward-looking basis, the Commission believes that this change is consistent with such purposes and is reasonable. 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, as amended, 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-2007-52 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-2007-52. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro/shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-52 and should be submitted on or before July 27, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 Florence E. Harmon, Deputy Secretary. 12 17 CFR 200.30-3(a)(12). [FR Doc. E7-13069 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55972; File No. SR-Phlx-2007-47] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Automating the Rebate Request Process for Dividend, Merger and Short Stock Interest Strategies June 28, 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 15, 2007, the Philadelphia Stock Exchange, Inc. (“Phlx” 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 Phlx. Phlx has designated this proposal as one constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(1) 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)(1). I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to eliminate the members' requirement to manually submit rebate request forms and to automate the rebate request process for dividend, merger, and short stock interest strategies, effective for transactions settling on or after July 1, 2007. The text of the proposed rule change is available on the Exchange's Web site ( *http://www.phlx.com/exchange/phlx_rule_fil.html* ), at the Exchange's principal office, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change 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 Currently, the Exchange provides a rebate for certain contracts executed in connection with transactions occurring as part of a dividend, 5 merger, 6 or short stock interest 7 strategy. Specifically, for these option contracts executed pursuant to a dividend strategy, the Exchange rebates $0.08 per contract side for Registered Options Trader (“ROT”) executions and $0.07 per contract side for specialist executions transacted on the day prior to the date on which the underlying stock goes ex-dividend. The Exchange also provides for a rebate of $0.08 per contract side for ROT executions and $0.07 per contract side for specialist executions made pursuant to a merger or short stock interest strategy. 8 5 For purposes of this proposal, the Exchange defines a “dividend strategy” as transactions done to achieve a dividend arbitrage involving the purchase, sale, and exercise of in-the-money options of the same class, executed prior to the date on which the underlying stock goes ex-dividend. 6 For purposes of this proposal, the Exchange defines a “merger strategy” as transactions done to achieve a merger arbitrage involving the purchase, sale, and exercise of options of the same class and expiration date, executed prior to the date on which shareholders of record are required to elect their respective form of consideration, *i.e.* , cash or stock. 7 For purposes of this proposal, the Exchange defines a “short stock interest strategy” as transactions done to achieve a short stock interest arbitrage involving the purchase, sale, and exercise of in-the-money options of the same class. 8 *See,* *e.g.* , Securities Exchange Act Release Nos. 54174 (July 19, 2006), 71 FR 42156 (July 25, 2006) (SR-Phlx-2006-40) and 53094 (January 10, 2006), 71 FR 2975 (January 18, 2006) (SR-Phlx-2005-75). The Exchange currently uses a manual procedure to process rebate requests. To qualify a transaction for the rebate process, a written rebate request form, along with supporting documentation, must be submitted to the Exchange within three business days following the end of the previous month. The Exchange proposes to eliminate the manual rebate process and replace it with an automated process. In order to capture the necessary information electronically, the Exchange has modified its trade tickets to allow for members to designate on the trade ticket whether the trade involves a dividend, merger, or short stock interest strategy. The purpose of eliminating the manual procedure is to increase efficiency in connection with the processing of the dividend, merger, and short stock interest rebate request forms. For transactions settling in June 2007, members must continue to submit the required written rebate request forms as described above. Beginning with transactions settling on or after July 1, 2007, written rebate request forms will no longer be accepted by the Exchange as the rebates will be processed automatically. 2. Statutory Basis The Exchange believes that its proposal to automate its procedures relating to processing the rebate request forms for dividend, merger, or short stock interest strategies as described above 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, as the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 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 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 No written comments were either solicited or received. 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) of the Act 11 and Rule 19b-4(f)(1) thereunder, 12 because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. 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. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(1). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Phlx-2007-47 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-Phlx-2007-47. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of Phlx. 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-Phlx-2007-47 and should be submitted on or before July 27, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-13067 Filed 7-5-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10912] Florida Disaster #FL-00026 Declaration of Economic Injury AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Economic Injury Disaster Loan
(EIDL)declaration for the State of Florida, dated *Incident:* Wildland Fires. *Incident Period:* 03/26/2007 through 05/31/2007. EFFECTIVE DATE: 06/25/2007. *EIDL Loan Application Deadline Date:* 03/25/2008. 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: Notice is hereby given that as a result of the Administrator's EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Bradford, Columbia, Hamilton, Suwannee. *Contiguous Counties:* Florida: Alachua, Baker, Clay, Gilchrist, Lafayette, Madison, Putnam, Union. Georgia: Clinch, Echols, Lowndes. *The Interest Rate is:* 4.000. The number assigned to this disaster for economic injury is 109120. The States which received an EIDL Declaration # are Florida, Georgia. (Catalog of Federal Domestic Assistance Number 59002) Dated: June 25, 2007. Steven Preston, Administrator. [FR Doc. E7-13094 Filed 7-5-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10883 and # 10884] Iowa Disaster Number IA-00008 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Iowa (FEMA-1705-DR), dated 05/25/2007. *Incident:* Severe Storms, Flooding and Tornadoes. *Incident Period:* 05/05/2007 through 05/07/2007. *Effective Date:* 06/22/2007. *Physical Loan Application Deadline Date:* 07/24/2007. *EIDL Loan Application Deadline Date:* 02/25/2008. 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 Iowa, dated 05/25/2007 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* Crawford, Monona, Audubon. *Contiguous Counties:* Nebraska, Thurston. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E7-13099 Filed 7-5-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10902] Kentucky Disaster #KY-00011 Declaration of Economic Injury AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Economic Injury Disaster Loan
(EIDL)declaration for the Commonwealth of Kentucky, dated 06/26/2007. *Incident:* Below Average Water Levels. *Incident Period:* 01/01/2007 and continuing. Effective Date: 06/26/2007. *EIDL Loan Application Deadline Date:* 03/26/2008. 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: Notice is hereby given that as a result of the Administrator's EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Clinton, Laurel, Mccreary, Pulaski, Russell, Wayne. *Contiguous Counties:* Kentucky: Adair, Casey, Clay, Cumberland, Jackson, Knox, Lincoln, Rockcastle, Whitley. Tennessee: Campbell, Clay, Pickett, Scott. *The Interest Rate is:* 4.000. The number assigned to this disaster for economic injury is 109020. The States which received an EIDL Declaration # are Kentucky, Tennessee. (Catalog of Federal Domestic Assistance Number 59002) Dated: June 26, 2007. Steven C. Preston, Administrator. [FR Doc. E7-13097 Filed 7-5-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #10913 and #10914] Texas Disaster #TX-00253 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Texas Dated 06/26/2007. *Incident:* Excessive rain, flooding and flash flooding. *Incident Period:* 05/21/2007 through 05/28/2007. EFFECTIVE DATE: 06/26/2007. *Physical Loan Application Deadline Date:* 08/27/2007. *Economic Injury
(EIDL)Loan Application Deadline Date:* 03/26/2008. 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: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Lampasas. *Contiguous Counties:* Texas: Bell, Burnet, Coryell, Hamilton, Mills, San Saba. *The Interest Rates are:* Percent Homeowners with Credit Available Elsewhere 5.750 Homeowners without Credit Available Elsewhere 2.875 Businesses with Credit Available Elsewhere 8.000 Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) with Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 109136 and for economic injury is 109140. The States which received an EIDL Declaration # is Texas. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: June 26, 2007. Steven C. Preston, Administrator. [FR Doc. E7-13096 Filed 7-5-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Reopening of Economic Injury Disaster Loan Declarations for the Gulf Coast Hurricane Disasters of 2005 As a result of Public Law 110-28, enacted on May 25, 2007, the Small Business Administration
(SBA)is reopening the filing period for Economic Injury Disaster Loans
(EIDL)to pre-existing small businesses located in a parish or county which the President declared a major disaster area because of the hurricanes in the Gulf of Mexico in calendar year 2005. The following counties in Alabama were declared a major disaster area as a result of Hurricane Dennis: Baldwin, Escambia, Mobile. The economic injury number assigned to Alabama Hurricane Dennis is 109040. The following counties in Florida were declared a major disaster area as a result of Hurricane Dennis: Bay, Dixie, Escambia, Franklin, Gula, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton. The economic injury number assigned to Florida Hurricane Dennis is 109050. The following counties in Alabama were declared a major disaster area as a result of Hurricane Katrina: Baldwin, Choctaw, Clarke, Greene, Hale, Marengo, Mobile, Pickens, Sumter, Tuscaloosa, Washington. The economic injury number assigned to Alabama Hurricane Katrina is 109060. The following parishes in Louisiana were declared a major disaster area as a result of Hurricane Katrina: Acadia, Ascensión, Assumption, Calcasieu, Cameron, East Baton Rouge, East Feliciana, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, Saint Bernard, Saint Charles, Saint Helena, Saint James, Saint Martin, Saint Mary, Saint Tammany, St. John the Baptist, Tangipahoa, Terrebonne, Vermilion, Washington, West Baton Rouge, West Feliciana. The economic injury number assigned to Louisiana Hurricane Katrina is 109070. The following counties in Mississippi were declared a major disaster area as a result of Hurricane Katrina: Adams, Amite, Attala, Choctaw, Claiborne, Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Hinds, Holmes, Humphreys, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Lowndes, Madison, Marion, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pike, Rankin, Scott, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, Winston, Yazoo. The economic injury number assigned to Mississippi Hurricane Katrina is 109080. The following parishes in Louisiana were declared a major disaster area as a result of Hurricane Rita: Acadia, Allen, Ascensión, Beauregard, Calcasieu, Cameron, Evangeline, Iberia, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Plaquemines, Sabine, Saint Landry, Saint Martin, Saint Mary, Saint Tammany, Terrebonne, Vermilion, Vernon, West Baton Rouge. The economic injury number assigned to Louisiana Hurricane Rita is 109090. The following counties in Texas were declared a major disaster area as a result of Hurricane Rita: Angelina, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, Walker. The economic injury number assigned to Texas Hurricane Rita is 109100. The following counties in Florida were declared a major disaster area as a result of Hurricane Wilma: Brevard, Broward, Collier, Glades, Hendry, Indian River, Lee, Martin, Miami-Dade, Monroe, Okeechobee, Palm Beach, Saint Lucie. The economic injury number assigned to Florida Hurricane Wilma is 109110. The filing period for pre-existing small businesses to apply to SBA for EIDL assistance is December 31, 2007. The interest rate for eligible small businesses is 4.000 percent. (Catalog of Federal Domestic Assistance Program No. 590002.) Dated: June 20, 2007. Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E7-13103 Filed 7-5-07; 8:45 am] BILLING CODE 8025-01-P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2007-2007-0051] The Ticket To Work and Work Incentives Advisory Panel Meeting AGENCY: Social Security Administration (SSA). ACTION: Notice of quarterly meeting. DATES: July 24, 2007—9 a.m. to 5 p.m.; July 25, 2007—1 p.m. to 5:30 p.m. ADDRESSES: Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA 22202. *Phone:* 703-486-1111. SUPPLEMENTARY INFORMATION: *Type of meeting:* On July 24-25, 2007, the Ticket to Work and Work Incentives Advisory Panel (the “Panel”) will hold a quarterly meeting open to the public. *Purpose:* In accordance with section 10(a)(2) of the Federal Advisory Committee Act, the Social Security Administration
(SSA)announces a meeting of the Ticket to Work and Work Incentives Advisory Panel. Section 101(f) of Public Law 106-170 establishes the Panel to advise the President, the Congress, and the Commissioner of SSA on issues related to work incentive programs, planning, and assistance for individuals with disabilities as provided under section 101(f)(2)(A) of the TWWIA. The Panel is also to advise the Commissioner on matters specified in section 101(f)(2)(B) of that Act, including certain issues related to the Ticket to Work and Self-Sufficiency Program established under section 101(a) of that Act. Interested parties are invited to attend the meeting. The Panel will use the meeting time to receive briefings and presentations on matters of interest, conduct full Panel deliberations on the implementation of the Act and receive public testimony. The Panel will meet in person commencing on Tuesday, July 24, 2007, from 9 a.m. until 5 p.m. The quarterly meeting will continue on Wednesday, July 25, 2007, from 1 p.m. until 5:30 p.m. *Agenda:* The full agenda will be posted at least one week before the start of the meeting on the Internet at *http://www.ssa.gov/work/panel/meeting_information/agendas.html* , or can be received, in advance, electronically or by fax upon request. Public testimony will be heard on Tuesday, July 24, 2007 from 4-5 p.m. Individuals interested in providing testimony in person should contact the Panel staff as outlined below to schedule a time slot. Members of the public must schedule a time slot in order to comment. In the event public comments do not take the entire scheduled time period, the Panel may use that time to deliberate or conduct other Panel business. Each individual providing public comment will be acknowledged by the Chair in the order in which they are scheduled to testify and is limited to a maximum five-minute, verbal presentation. Full written testimony on the Implementation of the Ticket to Work and Work Incentives Program, no longer than five
(5)pages, may be submitted in person or by mail, fax or e-mail on an ongoing basis to the Panel for consideration. Since seating may be limited, persons interested in providing testimony at the meeting should contact the Panel staff by e-mailing Ms. Tinya White-Taylor, at *Tinya.White-Taylor@ssa.gov* or by calling
(202)358-6420. *Contact Information:* Records are kept of all proceedings and will be available for public inspection by appointment at the Panel office. Anyone requiring information regarding the Panel should contact the staff by: • Mail addressed to the Social Security Administration, Ticket to Work and Work Incentives Advisory Panel Staff, 400 Virginia Avenue, SW., Suite 700, Washington, DC 20024. • Telephone contact with Tinya White-Taylor at
(202)358-6420. • Fax at
(202)358-6440. • E-mail to *TWWIIAPanel@ssa.gov.* Dated: June 28, 2007. Chris Silanskis, Designated Federal Officer. [FR Doc. E7-13132 Filed 7-5-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 5828] Advisory Committee on International Economic Policy; Notice of Open Meeting The Advisory Committee on International Economic Policy (ACIEP) will meet from 2 p.m. to 4 p.m. on Tuesday, July 31, 2007, at the U.S. Department of State, 2201 C Street, NW., Room 1107, Washington, DC. The meeting will be hosted by Assistant Secretary of State for Economic, Energy and Business Affairs, Daniel S. Sullivan and Committee Chairman R. Michael Gadbaw. The ACIEP serves the U.S. Government in a solely advisory capacity concerning issues and challenges in international economic policy. The meeting will focus on Total Economic Engagement, including a regional focus on Nigeria, sectoral focus on health and the President's Malaria Initiative, and Subcommittee reports and discussions led by the new Strategic Regions Subcommittee (related to the new Economic Engagement in Strategic Regions initiative) and the work program of the ongoing Economic Sanctions Subcommittee. This meeting is open to the public as seating capacity allows. Entry to the building is controlled; to obtain pre-clearance for entry, members of the public planning to attend should provide, by Friday, July 27, their name, professional affiliation, valid government-issued ID number (i.e., U.S. Government ID [agency], U.S. military ID [branch], passport [country], or drivers license [state]), date of birth, and citizenship to Ronelle Jackson by fax
(202)647-5936, e-mail ( *JacksonRS@state.gov* ), or telephone
(202)647-9204. One of the following forms of valid photo identification will be required for admission to the State Department building: U.S. driver's license, passport, or U.S. Government identification card. Enter the Department of State from the C Street lobby. In view of escorting requirements, non-Government attendees should plan to arrive not less than 15 minutes before the meeting begins. For additional information, contact Senior Coordinator Nancy Smith-Nissley, Office of Economic Policy and Public Diplomacy, Bureau of Economic, Energy and Business Affairs, at
(202)647-1682 or *Smith-NissleyN@state.gov.* Dated: June 26, 2007. Kurt D. Donnelly, Deputy Director, Office of Economic Policy Analysis and Public Diplomacy, Department of State. [FR Doc. E7-13127 Filed 7-5-07; 8:45 am] BILLING CODE 4710-07-P DEPARTMENT OF STATE [Public Notice 5864] Notice of Issuance of Presidential Permit To Construct, Operate and Maintain a New Commercial Land Border Crossing Near San Luis, AZ AGENCY: Department of State. ACTION: Public notice. The Department of State provides notice that effective June 30, 2007, the Department has issued a Presidential permit authorizing the General Services Administration to construct, operate and maintain a new commercial land border crossing near San Luis, Arizona, known as the “San Luis II” crossing. This notice is provided by the Coordinator, U.S.-Mexico Border Affairs, WHA/MEX, Room 4258, Department of State, 2201 C St., NW., Washington, DC 20520. The following is the text of the issued permit: Presidential Permit 07-1 Authorizing the General Services Administration to Construct, Operate and Maintain a Commercial Border Crossing called “SAN LUIS II” Near San Luis, Arizona, at the International Boundary Between the United States and Mexico By virtue of the authority vested in me as Assistant Secretary of State for Economic, Energy and Business Affairs, pursuant to Department of State Delegation number 299 from the Secretary of State dated April 2, 2007, to exercise, to the extent authorized by law, all authorities vested in the Under Secretary of State for Economic, Business and Agricultural Affairs, including those authorities under Executive Order 11423, 33 FR 11741 (1968), as amended by Executive Order 12847 of May 17, 1993, 58 FR 29511 (1993), Executive Order 13284 of January 23, 2003, 68 FR 4075 (2003), and Executive Order 13337 of April 30, 2004, 69 FR 25299 (2004); having considered the environmental effects of the proposed action in accordance with the National Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 *et seq.* ) and other statutes relating to environmental concerns; having considered the proposed action in accordance with the National Historic Preservation Act (80 Stat. 917, 16 U.S.C. 470f *et seq.* ); and having requested and received the views of various of the federal departments and other interested persons; I hereby grant permission, subject to the conditions herein set forth, to the United States General Services Administration
(GSA)(hereinafter referred to as the “permittee”), to construct, operate and maintain a new commercial land border crossing (hereinafter referred to as “San Luis II”), approximately five miles east of the existing San Luis Port of Entry near San Luis, Arizona. The term “facilities” as used in this permit means the facilities to be constructed at the San Luis II Port of Entry in San Luis, Arizona, consisting of the following improvements and structures: • Inspection and X-Ray Facilities • Containment Areas and Docks • Commercial Inspection Building with Import and Export Docks • Export Inspection • Main Administrative Building • Entry and Exit Control Booths • Roadways and related Infrastructure, Pathways, Parking Lots, and related Lots • Landscaping • Ancillary Support Facilities • Commercial Cargo lanes • Related Improvements and Infrastructure These facilities are the subject of the Finding of No Significant Impact, approved by the GSA Regional Administrator, Region 9 on April 15, 2007, FR Vol. 72, No. 32 (Feb. 16, 2007) (hereinafter referred to as the “FONSI”). This permit is subject to the following conditions: *Article 1.* The facilities herein described, and all aspects of their operation, shall be subject to all the conditions, provisions and requirements of this permit and any amendment thereof. This permit may be terminated upon a determination of the Executive Branch that the San Luis II border crossing shall be closed. This permit may be amended by the Secretary of State or the Secretary's delegate in consultation with the permittee and, as appropriate, other Executive Branch agencies; the permittee's obligation to implement such an amendment is subject to the availability of funds. The permittee shall make no substantial change in the location of the facilities or in the operation authorized by this permit until such changes have been approved by the Secretary of State or the Secretary's delegate. *Article 2.* The permittee shall comply with all applicable federal laws and regulations regarding the construction, operation and maintenance of the facilities. Further, the permittee shall comply with nationally recognized codes to the extent required under 40 U.S.C. 3312(b). The permittee shall cooperate with state and local officials to the extent required under 40 U.S.C. 3312(d). *Article 3.* In the event that the San Luis II Port of Entry is permanently closed and is no longer used as an international crossing, this permit shall terminate and the permittee may manage, utilize, or dispose of the facilities in accordance with its statutory authorities. *Article 4.* The permittee is a federal agency that is responsible for managing and operating the San Luis II Port of Entry, as authorized by applicable federal laws and regulations. This permit shall continue in full force and effect for only so long as the permittee shall continue the operations hereby authorized. *Article 5.* This Article applies to transfer of the facilities or any part thereof as an operating land border crossing. The permittee shall immediately notify the United States Department of State of any decision to transfer custody and control of the facilities or any part thereof to any other agency or department of the United States Government. Said notice shall identify the transferee agency or department and seek the approval of the United States Department of State for the transfer of the permit. In the event of approval by the Department of State of such transfer of custody and control to another agency or department of the United States Government, the permit shall remain in force and effect, and the facilities shall be subject to all the conditions, permissions and requirements of this permit and any amendments thereof. The permittee may transfer ownership or control of the facilities to a non-federal entity or individual only upon the prior express approval of such transfer by the United States Department of State, which approval may include such conditions, permissions and requirements that the Department of State, in its discretion, determines are appropriate and necessary for inclusion in the permit, to be effective on the date of transfer. *Article 6.*
(1)The permittee or its agent shall acquire such right-of-way grants or easements and permits as may become necessary and appropriate.
(2)The permittee shall maintain the facilities and every part thereof. *Article 7.*
(1)The permittee shall take or cause to be taken all appropriate measures to prevent or mitigate adverse environmental impacts or disruption of significant archeological resources in connection with the construction, operation and maintenance of the facilities, including those mitigation measures adopted by the permittee in the FONSI.
(2)Before issuing the notice to proceed for construction, the permittee shall obtain the concurrence of the International Boundary and Water Commission. *Article 8.* The permittee shall comply with all agreed actions and obligations set forth in the FONSI. The permittee's acceptance of transfer of the land upon which the San Luis II Port of Entry is to be built is conditioned upon the Greater Yuma Port Authority's commitments to implement the mitigation measures described in the FONSI. *Article 9.* The permittee shall file any applicable statements and reports that might be required by applicable federal law in connection with this project. *Article 10.* The permittee shall not issue a notice to proceed for construction work until the Department of State has provided notification to the permittee that the Department has completed its exchange of diplomatic notes with the Government of Mexico regarding authorization of construction. The permittee shall provide written notice to the Department of State at such time as the construction authorized by this permit is begun, and again at such time as construction is completed, interrupted for more than ninety days or discontinued. *Article 11.* This permit is not intended to, and does not, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, in their individual or official capacities, or any other person. *In Witness Whereof,* I, Daniel S. Sullivan, Assistant Secretary of State for Economic, Energy and Business Affairs of the United States, have hereunto set my hand this 13th day of June, 2007, in the City of Washington, District of Columbia. Dated: June 29, 2007. Daniel S. Sullivan, Assistant Secretary of State, United States Department of State. Richard M. Sanders, Acting Director, Office of Mexican Affairs, Department of State. [FR Doc. E7-13126 Filed 7-5-07; 8:45 am] BILLING CODE 4710-29-P DEPARTMENT OF TRANSPORTATION Maritime Administration [USCG-2006-24644] TORP Terminal LP, Bienville Offshore Energy Terminal Liquefied Natural Gas Deepwater Port License Application; Preparation of Environmental Impact Statement AGENCY: Maritime Administration, DOT. ACTION: Notice of availability; notice of public meeting; request for comments. SUMMARY: The Coast Guard and the Maritime Administration (MARAD) announce the availability of the Draft Environmental Impact Statement
(DEIS)for the TORP Terminal LP, Bienville Offshore Energy Terminal Liquefied Natural Gas Deepwater Port license application. The application describes a project that would be located in the Gulf of Mexico, in Main Pass block MP 258, approximately 63 miles south of Mobile Point, Alabama. The Coast Guard and MARAD request public comments on the DEIS. Publication of this notice begins a 45 day comment period and provides information on how to participate in the process. DATES: The public meeting in Mobile, Alabama will be held on July 25, 2007. The public meeting will be held from 5 p.m. to 7 p.m. and will be preceded by an open house from 3 p.m. to 4:30 p.m. The public meeting may end earlier or later than the stated time, depending on the number of people wishing to speak. Material submitted in response to the request for comments on the DEIS must reach the Docket Management Facility by August 20, 2007. ADDRESSES: The open house and public meeting will be held at: Mobile Convention Center, One South Water Street, Room 203, Mobile, Alabama 36602; telephone: 251-208-2100. The DEIS, the application, and associated documentation is available for viewing at the DOT's Docket Management System Web site: *http://dms.dot.gov* under docket number 24644. The DEIS is also available at public libraries in Mobile (Ben May Main Library and Spring Hill College Library), Bayou La Batre (Mose Hudson Tapia Public Library), Orange Beach (Orange Beach Public Library), Daphne (Daphne Public Library), and Gulf Shores (Thomas B. Norton Public Library). Address docket submissions for USCG-2006-24644 to: Department of Transportation, Docket Management Facility, 1200 New Jersey Avenue, SE.,West Building,Ground Floor, Room W12-140,Washington, DC 20590-0001. The Docket Management Facility accepts hand-delivered submissions, and makes docket contents available for public inspection and copying at this address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Facility telephone number is 202-366-9329, the fax number is 202-493-2251, and the Web site for electronic submissions or for electronic access to docket contents is *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Mary K. Jager, U.S. Coast Guard, telephone: 202-372-1454, e-mail: *Mary.K.Jager@uscg.mil* ; LTJG Hannah Kim, U.S. Coast Guard, telephone 202-372-1438, e-mail: *Hannah.Kim@uscg.mil* ; or Gregory V. Sparkman, Maritime Administration, telephone 202-366-1908, e-mail: *greg.sparkman@dot.gov.* If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone: 202-493-0402. SUPPLEMENTARY INFORMATION: Public Hearing and Open House We invite you to learn about the proposed deepwater port at an informational open house, and to comment at a public hearing on the proposed action and the evaluation contained in the DEIS. In order to allow everyone a chance to speak at the public meeting, we may limit speaker time, or extend the meeting hours, or both. You must identify yourself, and any organization you represent, by name. Your remarks will be recorded or transcribed for inclusion in the public docket. You may submit written material at the public meeting, either in place of or in addition to speaking. Written material must include your name and address, and will be included in the public docket. Public docket materials will be made available to the public on the Docket Management Facility's Docket Management System (DMS). See “Request for Comments” for information about DMS and your rights under the Privacy Act. All public meeting locations will be wheelchair-accessible. If you plan to attend the open house or public hearing, and need special assistance such as sign language interpretation or other reasonable accommodation, please notify the Coast Guard (see FOR FURTHER INFORMATION CONTACT ) at least 3 business days in advance. Include your contact information as well as information about your specific needs. Request for Comments We request public comments or other relevant information on the DEIS. The public hearing is not the only opportunity you have to comment. In addition to or in place of attending a meeting, you can submit comments to the Docket Management Facility during the public comment period (see DATES ). We will consider all comments and material received during the comment period for the DEIS. We will announce the availability of the Final EIS
(FEIS)and once again give you the opportunity to review and comment. If you want that notice sent directly to you please contact representatives at the public hearing or the Coast Guard representative identified in FOR FURTHER INFORMATION CONTACT . Submissions should include: • Docket number USCG-2006-24644. • Your name and address. • Your reasons for making each comment or for bringing information to our attention. Submit comments or material using only one of the following methods: • Electronic submission to DMS, *http://dms.dot.gov.* • Fax, mail, or hand delivery to the Docket Management Facility (see ADDRESSES ). Faxed or hand delivered submissions must be unbound, no larger than 8 1/2 by 11 inches, and suitable for copying and electronic scanning. If you mail your submission and want to know when it reaches the Facility, include a stamped, self-addressed postcard or envelope. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the DMS Web site ( *http://dms.dot.gov* ), and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice that is available on the DMS Web site, or the Department of Transportation Privacy Act Statement that appeared in the **Federal Register** on April 11, 2000 (65 FR 19477). You may view docket submissions at the Docket Management Facility (see ADDRESSES ), or electronically on the DMS Web site. Background Information about deepwater ports, the statutes, and regulations governing their licensing, and the receipt of the current application for a liquefied natural gas
(LNG)deepwater port appears at 71 FR 26605, May 5, 2006. The Notice of Intent to Prepare an EIS for the proposed action was published in the **Federal Register** at 71 FR 31258, June 1, 2006. The DEIS, application materials and associated comments are available on the docket. Information from the “Summary of the Application” from previous **Federal Register** notices is included below for your convenience. Proposed Action and Alternatives The proposed action requiring environmental review is the Federal licensing of the proposed deepwater port described in “Summary of the Application” below. The alternatives to licensing the proposed port are:
(1)Licensing with conditions (including conditions designed to mitigate environmental impact), and
(2)denying the application, which for purposes of environmental review is the “no-action” alternative. These alternatives are more fully discussed in the DEIS. The Coast Guard and MARAD are the lead Federal agencies for the preparation of the EIS. You can address any questions about the proposed action or the DEIS to the Coast Guard project manager identified in FOR FURTHER INFORMATION CONTACT . Summary of the Application TORP Terminal LP, proposes to own, construct, and operate a deepwater port, named Bienville Offshore Energy Terminal (BOET), in the Federal waters of the Outer Continental Shelf on Main Pass block MP 258, approximately 63 miles south of Mobile Point, Alabama, in a water depth of approximately 425 feet. The BOET Deepwater Port would be capable of mooring two LNG carriers of up to approximately 250,000 cubic meter capacity by means of Single Anchor Leg Moorings. The LNG carriers would be off loaded one at a time to HiLoad floating re-gasification facilities, which use four submerged shell-and-tube heat exchangers to vaporize the LNG before sending natural gas via 14-inch diameter flexible risers to a Pipeline End Manifold
(PLEM)on the seafloor, then through a 30-inch diameter pipeline to the support platform, where the gas will be metered and further sent via interconnecting pipelines to four existing pipelines (Dauphin Island Gathering System Feedline, Transco Feedline, Destin Feedline, and Viosca Knoll Gathering System Feedline). The major components of the proposed deepwater port would be the Support Platform, two HiLoad floating LNG transfer and re-gasification units, two PLEMs with ancillary risers and terminal pipelines, HiLoad parking line pilings, and approximately 25 miles of new subsea pipeline. BOET will have an average throughput capacity of 1.2 billion standard cubic feet per day (Bscfd) of natural gas. No new onshore pipelines or LNG storage facilities are proposed with this action. A shore based facility will be used to facilitate movement of personnel, equipment, supplies, and disposable materials between the Terminal and shore. Construction of the deepwater port would be expected to take 30 months; with startup of commercial operations in 2010, should a license be issued. The deepwater port, if licensed, would be designed, constructed and operated in accordance with applicable codes and standards and would have an expected operating life of approximately 25 years. Privacy Act The electronic form of all comments received into the DOT docket can be searched 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 (Volume 65, Number 70, pages 19477-78) or you may visit *http://dms.dot.gov.* (Authority 49 CFR 1.66) By order of the Maritime Administrator. Dated: June 29, 2007. Daron T. Threet, Secretary, Maritime Administration. [FR Doc. E7-13030 Filed 7-5-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35054] Union Pacific Railroad Company—Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF), pursuant to a written trackage rights agreement entered into between BNSF and Union Pacific Railroad Company (UP), has agreed to grant temporary overhead trackage rights to UP, to expire on August 15, 2007, over BNSF's lines between St. Louis (Grand Avenue), MO (milepost 2.1), and Pacific, MO (milepost 34.1), a total distance of 32 miles. The transaction is scheduled to be consummated on July 24, 2007. The purpose of the temporary overhead trackage rights is to allow UP to facilitate maintenance work on its lines. As a condition to this exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in *Norfolk and Western Ry. Co.—Trackage Rights—BN,* 354 I.C.C. 605 (1978), as modified in *Mendocino Coast Ry., Inc.—Lease and Operate,* 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the transaction. Any stay petition must be filed on or before July 13, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35054, 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 Gabriel S. Meyer, Assistant General Attorney, Union Pacific Railroad Company, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at: *http://www.stb.dot.gov.* Dated: June 27, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-12819 Filed 7-5-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 250X)] Union Pacific Railroad Company—Abandonment Exemption—in Cass County, NE On June 18, 2007, Union Pacific Railroad Company
(UP)filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon a 1.98-mile line of railroad known as the Weeping Water Industrial Lead extending from milepost 461.74 to milepost 463.72 near Weeping Water, in Cass County, NE. The line traverses U.S. Postal Service Zip Code 68463, and includes no stations. UP states that, based on information in its possession, the line does not contain Federally granted rights-of-way. Any documentation in UP'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 October 5, 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 OFA 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 1 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than July 26, 2007. Each trail use request must be accompanied by a $200 filing fee. *See* 49 CFR 1002.2(f)(27). 1 UP notes, however, that it does not believe that the line of railroad is suitable for other public purposes. All filings in response to this notice must refer to STB Docket No. AB-33 (Sub-No. 250X), and must be sent to:
(1)Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, and
(2)Mack H. Shumate, Jr., Senior General Attorney, Union Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. Replies to UP's petition are due on or before July 26, 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 generally will be within 30 days of its service. Board decisions and notices are available on our website at: *http://www.stb.dot.gov.* Dated: June 27, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-12827 Filed 7-5-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 1098 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 1098, Mortgage Interest Statement. DATES: Written comments should be received on or before September 4, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Joseph Durbala, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of the form and instructions should be directed to Allan Hopkins, at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Mortgage Interest Statement. *OMB Number:* 1545-0901. *Form Number:* Form 1098. *Abstract:* Section 6050H of the Internal Revenue Code requires mortgagors to report mortgage interest, including points, of $600 or more paid to them during the year by an individual. The form will be used by the IRS to verify that taxpayers have deducted the proper amount of mortgage interest expense or have included the proper amount of mortgage interest refunds in income on their tax returns. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals or households and business or other for-profit organizations. *Estimated Number of Respondents:* 66,989,155. *Estimated Time per Respondent:* 7 minutes. *Estimated Total Annual Burden Hours:* 8,038,699. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the 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 collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(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; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: June 28, 2007. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E7-13047 Filed 7-5-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8835 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8835, Renewable Electricity Production Credit. DATES: Written comments should be received on or before September 4, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins, at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Renewable Electricity Production Credit. *OMB Number:* 1545-1362. *Form Number:* Form 8835. *Abstract:* Form 8835 is used to claim the renewable electricity production credit. The credit is allowed for the sale of electricity produced in the United States or U.S. possessions from qualified energy resources. The IRS uses the information reported on the form to ensure that the credit is correctly computed. *Current Actions:* We have added a net addition of 2 lines to this form. Form 8835 at this time. *Type of Review:* Extension of a current OMB approval. *Affected Public:* Business or other for-profit organizations and individuals. *Estimated Number of Respondents:* 46. *Estimated Time per Respondent:* 20 hrs. 30 minutes. *Estimated Total Annual Burden Hours:* 943. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the 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 collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(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; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: June 28, 2007. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E7-13048 Filed 7-5-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8826 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8826, Disabled Access Credit. DATES: Written comments should be received on or before September 4, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of the form and instructions should be directed to Allan Hopkins, at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Allan.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Disabled Access Credit. *OMB Number:* 1545-1205. *Form Number:* Form 8826. *Abstract:* Internal Revenue Code section 44 allows eligible small businesses to claim a nonrefundable income tax credit of 50% of the amount of eligible access expenditures for any tax year that exceed $250 but do not exceed $10,250. Form 8826 figures the credit and the tax liability limit. *Current Actions:* We deleted 18 line items and 1 Code reference from this form. *Type of Review:* Revision of a currently approved collection. *Affected Pubic:* Business or other for-profit organizations, farms and individuals. *Estimated Number of Respondents:* 17,422. *Estimated Time per Respondent:* 3 hrs., 10 minutes. *Estimated Total Annual Burden Hours:* 55,054. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the 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 collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(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; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: June 28, 2007. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E7-13050 Filed 7-5-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 13559 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 13559, Rating in State-Qualified Private Plans. DATES: Written comments should be received on or before September 4, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Joseph Durbala, at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for copies of the form and instructions should be directed to Allan Hopkins, at Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224, or at
(202)622-6665, or through the Internet at *Alla.M.Hopkins@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Rating in State-Qualified Private Plan. *OMB Number:* 1545-1888. *Form Number:* Form 13559. *Abstract:* The Trade Reform Act of 2002, Public Law No. 107-210 created the Health Coverage Tax Credit
(HCTC)for the purchase of private health coverage for certain individuals. Individuals who claim the credit must be enrolled in a qualified health plan. Only specific health plans qualify for the HCTC including those qualified by a State. A State qualified health plan must be submitted to the IRS by the state's Department of Insurance as meeting the legislative requirements for health insurance set forth in the Trade Act of 2002 and defined in Internal Revenue Code
(IRC)Section 35(e)(2). Any State Department of Insurance submitting a plan as qualified for HCTC will submit Form 13559, Rating in HCTC State-Qualified Private Plans to provide information sufficient to determine its compliance with HCTC requirements and provide information about the health plan to those individuals who are eligible for the HCTC. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations, and Federal, state, local, or Tribal Government. *Estimated Number of Respondents:* 100. *Estimated Time per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 50. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the 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 collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected;
(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; and
(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: June 28, 2007. R. Joseph Durbala, IRS Reports Clearance Officer. [FR Doc. E7-13055 Filed 7-5-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision [No. 2007-32] 2007-2012 Strategic Plan Notice; Request for Comments AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. SUMMARY: The Office of Thrift Supervision
(OTS)updates its Strategic Plan every three years. The mission and strategic goals contained in the Plan support statutory and regulatory requirements, current and long-range industry issues, and long-range strategic objectives. The goals and objectives are implemented through annual Performance Plans. OTS requests comments on its draft 2007-2012 Strategic Plan. The draft Plan is available on the OTS Internet Site at *http://www.ots.treas.gov* under “About OTS: Plans and Reports”. DATES: Comments must be submitted by July 20, 2007. ADDRESSES: *Mail:* Send comments to: Strategic Plan Comments, Chief Financial Officer, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, Attention: Wayne G. Leiss. Commenters may prefer to make their comments via e-mail, or hand delivery. *Delivery:* Hand deliver comments to the Guard's Desk, East Lobby Entrance, 1700 G Street, NW., from 9 a.m. to 4 p.m. on business days, Attention: Strategic Plan Comments, Wayne G. Leiss, Chief Financial Officer. *E-Mail:* Send e-mails to *Wayne.Leiss@ots.treas.gov.* Subject: Strategic Plan Comments and include your name and telephone number. FOR FURTHER INFORMATION CONTACT: Anita C. Tyndall,
(202)906-6458, Planning, Budget and Finance, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. Dated: June 26, 2007. By the Office of Thrift Supervision. John M. Reich, Director. [FR Doc. E7-13057 Filed 7-5-07; 8:45 am] BILLING CODE 6720-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0586] Agency Information Collection Activities Under OMB Review AGENCY: Office of Acquisition and Materiel Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Acquisition and Materiel Management, Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-0586” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7045 or e-mail: *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0586.” SUPPLEMENTARY INFORMATION: *Title:* Veterans Affairs Acquisition Regulation
(VAAR)Provision 852.211-75, Technical Industry Standards. *OMB Control Number:* 2900-0586. *Type of Review:* Extension of a currently approved collection. *Abstract:* VAAR provision 852.211-75, Technical Industry Standards, requires that items offered for sale to VA under the solicitation conform to certain technical industry standards, such as Underwriters Laboratory
(UL)or the National Fire Protection Association, and that the contractor furnish evidence to VA that the items meet that requirement. The evidence is normally in the form of a tag or seal affixed to the item, such as the UL tag on an electrical cord or a tag on a fire-rated door. This requires no additional effort on the part of the contractor, as the items come from the factory with the tags already in place, as part of the manufacturer's standard manufacturing operation. Occasionally, for items not already meeting standards or for items not previously tested, a contractor will have to furnish a certificate from an acceptable laboratory certifying that the items furnished have been tested in accordance with, and conform to, the specified standards. Only firms whose products have not previously been tested to ensure the products meet the industry standards required under the solicitation will be required to submit a separate certificate. The information will be used to ensure that the items being purchased meet minimum safety standards and to protect VA employees, VA beneficiaries, and the public. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 2, 2007, at pages 15763-15764. *Affected Public:* Business or other for profit, individuals or households, and not-for-profit institutions. *Estimated Annual Burden:* 50 hours. *Estimated Average Burden per Respondent:* 30 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 100. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13032 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0099] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-0099” in any correspondence FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7870 or e-mail *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0099.” SUPPLEMENTARY INFORMATION: *Title:* Request for Change of Program or Place of Training—Survivors' and Dependents' Educational Assistance, (Under Provisions of Chapter 35, Title 38, U.S.C.), VA Form 22-5495. *OMB Control Number:* 2900-0099. *Type of Review:* Extension of a currently approved collection. *Abstract:* Spouses, surviving spouses, or children of veterans who are eligible for Dependent's Educational Assistance, complete VA Form 22-5495 to change their program of education and/or place of training. VA uses the information collected to determine if the new program selected is suitable to their abilities, aptitudes, and interests and to verify that the new place of training is approved for benefits. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 2, 2007, at page 15767. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 12,646 hours. *Estimated Average Burden per Respondent:* 20 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 38,418. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13035 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0589] Agency Information Collection Activities Under OMB Review AGENCY: Office of Acquisition and Materiel Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Acquisition and Materiel Management, Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-0589” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7870 or e-mail: *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0589.” SUPPLEMENTARY INFORMATION: *Title:* Veterans Affairs Acquisition Regulation
(VAAR)Provision 852.270-3, Shellfish. *OMB Control Number:* 2900-0589. *Type of Review:* Extension of a currently approved collection. *Abstract:* VAAR clause 852.270-3, Shellfish, requires that a firm furnishing shellfish to VA must ensure that the shellfish is packaged in a container that is marked with the packer's State certificate number and State abbreviation. In addition, the firm must ensure that the container is tagged or labeled to show the name and address of the approved producer or shipper, the name of the State of origin, and the certificate number of the approved producer or shipper. This information normally accompanies the shellfish from the packer and is not information that must be separately obtained by the seller. The information is needed to ensure that shellfish purchased by VA comes from a State- and Federal-approved and inspected source. The information is used to help ensure that VA purchases healthful shellfish. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 2, 2007, at pages 15765-15766. *Affected Public:* Business or other for profit, individuals or households, and not-for-profit institutions. *Estimated Annual Burden:* 17 hours. *Estimated Average Burden per Respondent:* 1 minute. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 1,000. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13037 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0593] Agency Information Collection Activities Under OMB Review AGENCY: Office of Acquisition and Materiel Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Acquisition and Materiel Management, Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through * www.Regulations.gov* ; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503,
(202)395-7316. Please refer to “OMB Control No. 2900-0593” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7870 or e-mail: *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0593.” SUPPLEMENTARY INFORMATION: *Title:* Veterans Affairs Acquisition Regulation
(VAAR)Provision 852.214-70, Caution to Bidders—Bid Envelopes. *OMB Control Number:* 2900-0593. *Type of Review:* Extension of a currently approved collection. *Abstract:* VAAR provision 852.214-70, Caution to Bidders—Bid Envelopes, advises bidders that it is their responsibility to ensure that their bid price cannot be ascertained by anyone prior to bid opening. It also advises bidders to identify their bids by showing the invitation number and bid opening date on the outside of the bid envelope. The Government often furnishes a blank bid envelope or a label for use by bidders/offers to identify their bids. The bidder is advised to fill in the required information. This information requested from bidders is needed by the Government to identify bid envelopes from other mail or packages received without having to open the envelopes or packages and possibly exposing bid prices before bid opening. The information will be used to identify which parcels or envelopes are bids and which are other routine mail. The information is also needed to help ensure that bids are delivered to the proper bid opening room on time and prior to bid opening. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 2, 2007, at pages 15764-15765. *Affected Public:* Business or other for profit, individuals or households, and not-for-profit profit institutions. *Estimated Annual Burden:* 960 hours. *Estimated Average Burden per Respondent:* 10 seconds. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 346,000. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13042 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P \ DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0588] Agency Information Collection Activities Under OMB Review AGENCY: Office of Acquisition and Materiel Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Acquisition and Materiel Management, Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-0588” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7870 or e-mail: *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0588.” SUPPLEMENTARY INFORMATION: *Title:* Veterans Affairs Acquisition Regulation
(VAAR)Provision 852.211-74, Special Notice (previously 852.210-74). *OMB Control Number:* 2900-0588. *Type of Review:* Extension of a currently approved collection. *Abstract:* VAAR provision 852.211-74, Special Notice, is used only in VA's telephone system acquisition solicitations and requires the contractor, after award of the contract, to submit descriptive literature on the equipment the contractor intends to furnish to show how that equipment meets specification requirements of the solicitation. The information is needed to ensure that equipment proposed by the contractor meets specification requirements. Failure to require the information could result in the installation of equipment that does not meet contract requirements, with significant loss to the contractor if the contractor subsequently had to remove the equipment and furnish equipment that did meet the specification requirements. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 2, 2007, at page 15766. *Affected Public:* Business or other for profit, individuals or households, and not-for-profit. *Estimated Annual Burden:* 150 hours. *Estimated Average Burden per Respondent:* 5 hours. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 30. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13043 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0587] Agency Information Collection Activities Under OMB Review AGENCY: Office of Acquisition and Materiel Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Office of Acquisition and Materiel Management, Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-0587” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7870 or e-mail: *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900-0587.” SUPPLEMENTARY INFORMATION: *Title:* Veterans Affairs Acquisition Regulation
(VAAR)Clause 852.211-70, Service Data Manual (previously 852.210-70). *OMB Control Number:* 2900-0587. *Type of Review:* Extension of a currently approved collection. *Abstract:* VAAR clause 852.211-70, Service Data Manual, is used when VA purchases technical medical equipment and devices, or mechanical equipment. The clause requires the contractor to furnish both operator's manuals and maintenance/repair manuals with the equipment provided to the Government. This clause sets forth those requirements and sets forth the minimum standards those manuals must meet to be acceptable. Generally, this is the same operator's manual furnished with each piece of equipment sold to the general public and the same repair manual used by company technicians in repairing the company's equipment. The cost of the manuals is included in the contract price or listed as separately priced line items on the purchase order. The operator's manual will be used by the individual actually operating the equipment to ensure proper operation and cleaning. The repair manual will be used by VA equipment repair staff to repair equipment. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 2, 2007, at pages 15766-15767. *Affected Public:* Business or other for profit, individuals or households, and not-for-profit institutions. *Estimated Annual Burden:* 2,500 hours. *Estimated Average Burden per Respondent:* 10 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 15,000. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13045 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0249] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3521), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-0249” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, fax
(202)565-7870 or e-mail *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900-0249” In any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Loan Service Report, VA Form 26-6808. *OMB Control Number:* 2900-0249. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA personnel complete VA Form 26-6806 during personal contact with delinquent obligors. VA will use the information collected to determine whether a loan default is insoluble or whether the obligor has reasonable prospects for curing the default and maintaining the mortgage obligation in the future. The information will also be used to intercede with the holder of the loan to accept a specially arranged repayment plan or other forbearance aimed at assisting the obligor in retaining his or her home. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 9, 2007, at page 17627. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 6,250 hours. *Estimated Average Burden per Respondent:* 25 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 15,000. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13053 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0585] Agency Information Collection Activities Under OMB Review AGENCY: Office of Acquisition and Materiel Management, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501 -3521), this notice announces that the Office of Acquisition and Materiel Management, Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget
(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 6, 2007. ADDRESSES: Submit written comments on the collection of information through *www.Regulations.gov* ; or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503
(202)395-7316. Please refer to “OMB Control No. 2900-0585” in any correspondence. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)565-8374, FAX
(202)565-7045 or e-mail: *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900-0585.” SUPPLEMENTARY INFORMATION: *Title:* Veterans Affairs Acquisition Regulation
(VAAR)Clause 852.211-77, Brand Name or Equal (was 852.210-77). *OMB Control Number:* 2900-0585. *Type of Review:* Extension of a currently approved collection. *Abstract:* VAAR clause 852.211-77, Brand Name or Equal, advises bidders or offerors who are proposing to offer an item that is alleged to be equal to the brand name item stated in the bid, that it is the bidder's or offeror's responsibility to show that the item offered is in fact, equal to the brand name item. This evidence may be in the form of descriptive literature or material, such as cuts, illustrations, drawings, or other information. While submission of the information is voluntary, failure to provide the information may result in rejection of the firm's bid or offer if the Government cannot otherwise determine that the item offered is equal. The contracting officer will use the information to evaluate whether or not the item offered meets the specification requirements. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 2, 2007, at page 15764. *Affected Public:* Business or other for profit, individuals or households, and not-for-profit institutions. *Estimated Annual Burden:* 833 hours. *Estimated Average Burden per Respondent:* 5 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 10,000. Dated: June 25, 2007. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E7-13054 Filed 7-5-07; 8:45 am] BILLING CODE 8320-01-P 72 129 Friday, July 6, 2007 CORRECTIONS !!!Ben!!! DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0027] ArborGen, LLC; Availability of an Environmental Assessment and Finding of No Significant Impact for a Controlled Release of Genetically Engineered Eucalyptus Hybrids Correction In notice document E7-12532 beginning on page 35215 in the issue of Wednesday, June 27, 2007, make the following correction: On page 35216 in the first column under DATES , “June 28, 2007” should read “June 27, 2007”. [FR Doc. Z7-12532 Filed 7-5-07; 8:45 am] BILLING CODE 1505-01-D 72 129 Friday, July 6, 2007 Notices Part II Department of Education Technical Assistance on Data Collection—Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention; Notices DEPARTMENT OF EDUCATION Technical Assistance on Data Collection—Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention AGENCY: Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Notice of final priority and eligibility requirements. SUMMARY: The Assistant Secretary for Special Education and Rehabilitative Services announces a funding priority and eligibility requirements under the Technical Assistance on State Data Collection program authorized under the Individuals with Disabilities Education Act (IDEA). The Assistant Secretary may use the priority and eligibility requirements for competitions in fiscal year
(FY)2007 and later years. We take this action to focus attention on an identified national need to provide technical assistance to improve the capacity of States to meet data collection requirements relating to their implementation of section 616 of the IDEA. DATES: *Effective Date:* This priority is effective August 6, 2006. FOR FURTHER INFORMATION CONTACT: Scott Campbell Brown, U.S. Department of Education, 400 Maryland Avenue, SW., room 4076, Potomac Center Plaza, Washington, DC 20202-2700. Telephone:
(202)245-7282 or via Internet: *Scott.Brown@ed.gov* . If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: We published a notice of proposed priority and eligibility requirements
(NPP)for this program in the **Federal Register** on January 26, 2007 (72 FR 3809). Under the Technical Assistance on State Data Collection program established under section 616(i)(2) of the IDEA, we make awards to provide technical assistance to improve the capacity of States to meet the section 616 data collection requirements. In the NPP, we described our rationale for the priority and eligibility requirements proposed. This notice of final priority and eligibility requirements contains no changes from the NPP. Analysis of Comments and Changes In response to the Secretary's invitation in the NPP, four parties submitted comments on the proposed priority. An analysis of the comments follows. We group major issues according to subject. Generally, we do not address technical and other minor and suggested changes that we are not allowed to make under the applicable statutory authority. *Comment:* Two commenters requested that the priority include activities that would improve a State's use of data to improve compliance with the IDEA, such as providing guidance to States in developing corrective action plans to remedy noncompliance. The commenters also suggested that the priority be more prescriptive about the data activities that the Center must provide. *Discussion:* Under section 616(i)(2) of the IDEA, funds must be used to improve the capacity of States to meet the section 616 data collection requirements. Therefore, activities aimed at improving a State's compliance with the IDEA are allowable only to the extent that the activities improve the capacity of a State to meet the section 616 data requirements. For example, activities that help a State collect better section 616 data to demonstrate correction of noncompliance, or activities that help a State collect more accurate data through monitoring would be allowable. However, activities focused solely on correcting noncompliance or using data to improve program performance are not allowable. Paragraph
(c)in the priority provides examples of activities that the Center may conduct to improve States' data quality. We do not agree that the priority should be more prescriptive about the types of activities that the Center must provide. Rather, we believe that the Center should have the flexibility to work with States and determine the activities that would be most appropriate, given each State's unique needs. *Changes:* None. *Comment:* One commenter requested that the priority place more emphasis on providing on-site technical assistance to States. Another commenter stated that more than 30 percent of the funds should be used to provide direct technical assistance to States. *Discussion:* This new priority combines functions previously performed by two different entities under separate awards. Prior to issuing this priority, the Department analyzed the past level of effort expended by these entities for activities under paragraph (c), as well as their level of effort for other activities covered by this priority. We then applied that ratio to establish the requirement that 30 percent of the funds in this priority be spent on providing on-site technical assistance. We believe the priority provides the Center with the flexibility to work with States and to determine the activities that would be most appropriate, given each State's unique needs. At the same time, we believe that if the priority placed more emphasis on on-site technical assistance, other critical activities outside of paragraph
(c)would suffer. *Changes:* None. *Comment:* One commenter urged that applicants be required to describe the services they will provide directly and those that will be provided by subcontractors. *Discussion:* There is no requirement in this priority for applicants to contract with other organizations. It is up to applicants to describe in their applications the proposed services and key personnel. If an applicant chooses to contract with other organizations for certain activities, the activities of the contractors in support of the applicant should be described. *Changes:* None. *Comment:* One commenter recommended that the Center develop training modules on
(a)Reporting data to the public in a manner that is easily understood and accessible and
(b)involving stakeholders in States' exercise of general supervision responsibilities. *Discussion:* While we agree that stakeholder involvement and public reporting are important components of States' exercise of general supervision, they are not the focus of this priority. The funds supporting this priority can only be used to improve the capacity of States to meet the 616 data collection requirements. *Changes:* None. *Comment:* One commenter urged that the technical assistance activities listed in the priority include helping States
(a)Provide public report cards and data collection reports that are easily understood by the public, and
(b)involve stakeholders in decision making related to these reports and data. The commenter also recommended that the technical assistance activities include assisting States to form stakeholder groups that include families to guide activities related to a State's Performance Plan (SPP). *Discussion:* It is not clear how the activities proposed by the commenter will improve the capacity of the States to meet the section 616 data collection requirements. Activities directed solely at improving the reporting of data to the public or involving stakeholders in State activities would not be allowable activities under the priority. *Changes:* None. *Comment:* One commenter recommended that the priority include a requirement for data sharing and collaboration with the National Center on Dispute Resolution and other technical assistance centers. *Discussion:* The purpose of this priority is to provide technical assistance to States to improve their data and data collection systems. Under the activities included in paragraph (a), the Center must develop and implement an annual strategic plan for technical assistance and dissemination to improve State-reported data. Collaborating with other technical assistance centers will likely be a component of the strategic plan. However, we believe it would be inappropriate to require data sharing and collaboration with any specific technical assistance center and therefore, decline to change the priority in the manner suggested by the commenter. *Changes:* None. Note: This notice does *not* solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the **Federal Register** . When inviting applications, we designate the priority as absolute, competitive preference, or invitational. The effect of each type of priority follows: *Absolute Priority:* Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)). *Competitive Preference Priority:* Under a competitive preference priority, we give competitive preference to an application by either
(1)awarding additional points, depending on how well, or the extent to which, the application meets the competitive preference priority (34 CFR 75.105(c)(2)(i)); or
(2)selecting an application that meets the competitive preference priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). *Invitational Priority:* Under an invitational priority, we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the invitational priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). Priority Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention *Absolute Priority:* The Assistant Secretary for Special Education and Rehabilitative Services establishes a priority for the funding of a Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention (Center) to provide:
(1)Technical assistance and information to States to help them provide high-quality data needed to implement parts B and C of the IDEA and improve their data collection infrastructures; and
(2)assistance to the Department regarding these data collections. The Center's activities and products must include, but are not limited to, the following:
(a)Develop and implement an annual strategic plan for technical assistance and dissemination to improve State-reported data. At the end of each year, the Center must prepare and submit to the Department a summary and evaluation of its technical assistance and dissemination activities for the year;
(b)Design and conduct two national data managers' meetings each year of the project period, of approximately 100 participants each, to provide information and technical assistance to State Part B and C data managers. Both meetings must be held in the Washington, DC metropolitan area in facilities that are accessible to individuals with disabilities. The Center must arrange and pay for meeting rooms; honoraria and expenses for speakers; visual aids and print materials; and travel expenses, lodging, and per diem at government rates for one to two representatives from each State or reporting entity. The meetings must include both large-group and small-group sessions, as well as time for informal discussions. Topics for the meetings must include specific State-reported data problems identified during the year, methods of data collection and verification, updates on Federal reporting requirements, potential uses of data by States, and reports on other data collections specified by the Office of Special Education Programs (OSEP). Each meeting also must include a training session for new State data managers. After each meeting, the Center must prepare and disseminate a newsletter that summarizes meeting highlights and describes key presentations and handouts;
(c)Provide technical assistance and information to States to improve State data quality through activities such as:
(1)Developing data systems, including monitoring systems, that incorporate the collection and analysis of valid data to measure Statewide progress on State targets;
(2)developing data systems, including monitoring systems, that incorporate the collection and analysis of valid data, to measure local progress on State targets;
(3)interpreting and portraying data related to State targets, including data obtained through monitoring;
(4)incorporating data analysis results into State and local strategies for improving performance under parts B and C;
(5)developing and revising measurable and rigorous targets based on data and input from stakeholder groups, for State Performance Plans (SPPs);
(6)collecting and disseminating valid and reliable assessment data relative to State achievement standards;
(7)developing technically-sound sampling plans for collecting valid and reliable data on SPP indicators that permit sampling; and
(8)developing training modules for SEAs, State lead agencies, local educational agencies
(LEAs)and early intervention service
(EIS)programs that focus on collecting high-quality data;
(d)Develop and distribute to States:
(1)Annual updates of the part B and part C data dictionaries, data collection histories, and data fact sheets;
(2)current State data system profiles describing the types of systems employed by States including their efforts to ensure collection of high-quality data;
(3)analyses of data provided by States under sections 616 and 618 of the IDEA addressing the process by which a State collects, enters, and verifies data;
(4)based on State-reported data, a description and analysis of data trends relative to States' performance on their measurable and rigorous targets;
(5)tables of annual State data organized to provide States with an enhanced perspective of their performance relative to other States;
(6)data and other information for the Web site, *http://www.IDEADATA.org* ;
(7)analyses of part B and part C annual performance report data;
(8)training modules for both State and local agencies that focus on collecting high-quality data;
(9)documents, as needed by the Department, for meetings with the Education Information Management Advisory Committee (EIMAC), a standing committee of the Council of Chief State School Officers;
(10)updated annual versions of the Early Intervention Data Handbook and supporting materials, as requested;
(11)annual studies of extant data from other sources to analyze broad trends in the population characteristics of infants, toddlers, and children with disabilities, as requested by OSEP; and
(12)other documents requested by the Department, including roughly five to seven ad hoc analyses per month;
(e)Provide direct interaction with, and support to, States by mail, telephone, online communication, video, or on-site visits, including providing customized technical assistance. The Center also must participate in the semi-annual EIMAC meetings and other meetings, as requested by the Department;
(f)Assist States to provide high-quality data to the Department's ED *Facts* system. The Center must log in data, check data for completeness and errors or anomalies, communicate with States to resolve any errors or anomalies, and prepare data notes on any unresolved problems. The Center also must provide monthly and annual data status reports to OSEP, including all data notes related to data reported through ED *Facts* ;
(g)Assist the Department with developing forms for collecting data not submitted through ED *Facts,* such as data related to part C of the IDEA. The Center also must prepare forms clearance packages for submission to the Office of Management and Budget (OMB). At the direction of OSEP, the Center must prepare responses to public comments received on proposed information collection packages and revise the forms, if necessary. As directed by OSEP, the Center must take the following steps in developing a new data collection form:
(1)Convene a task force of State representatives, relevant stakeholders, and Department personnel;
(2)prepare a draft form based on the task force recommendations;
(3)pilot test the draft form;
(4)revise the form as necessary; and
(5)prepare the OMB clearance forms;
(h)Conduct an annual assessment of the operations and processes to collect section 618 data from States and make specific recommendations to OSEP to improve, enhance, or redesign current processes to meet the Department's needs for data collections in ED *Facts* . The annual study must consider the availability of new Internet and other technologies to collect and report data, as well as any new data needs;
(i)Establish, maintain, and meet at least annually with a national advisory group that will be responsible for providing annual feedback on the plans, activities, and accomplishments of the Center;
(j)Maintain ongoing communication with the OSEP Project Officer, including monthly conference calls. The Center must budget for a three-day Project Directors' meeting in Washington, DC during each year of the project, plus ten additional two-day trips annually to Washington, DC to attend national meetings and to meet with the OSEP Project Officer and other funded projects for purposes of cross-project collaboration and information exchange;
(k)Budget five percent of the award amount annually to support emerging needs as identified jointly through consultation with the OSEP project officer; and
(l)If the project maintains a Web site, include relevant information and documents in a format that meets a government or industry-recognized standard for accessibility. Note: In each budget period of 12 months, approximately 30 percent of the effort under this priority must be devoted to activities and products described in paragraph
(c)of the priority (technical assistance and information to States), and approximately 70 percent of the effort must be devoted to the remaining activities described in the priority. Fourth and Fifth Years of the Project In deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a), and in addition—
(1)The recommendation of a review team consisting of experts selected by the Secretary, which review will be conducted in Washington, DC during the last half of the project's second year. The Center must budget for travel expenses associated with this one-day intensive review;
(2)The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been, or are being, met by the Center; and
(3)Evidence of the degree to which the Center's activities have contributed to improvements in the quality of State-reported data. Eligibility Requirements The following entities are eligible for funding under this program: Public and private agencies and organizations, including for-profit and non-profit agencies and organizations. Executive Order 12866 This notice of final priority and eligibility requirements has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with this regulatory action are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this regulatory action, we have determined that the benefits of the regulatory action justify the costs. We also have determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive Order is to foster an intergovernmental partnership and a strengthened federalism. The Executive Order relies on processes developed by State and local governments for coordination and review of Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.htm* . (Catalog of Federal Domestic Assistance Number 84.373Y Technical Assistance on Data Collection—Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention) Program Authority: 20 U.S.C. 1411(c) and 1416(i)(2). Dated: June 29, 2007. Jennifer Sheehy, Director of Policy and Planning for Special Education and Rehabilitative Services. [FR Doc. E7-13142 Filed 7-5-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; Overview Information; Technical Assistance on Data Collection—Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2007 Catalog of Federal Domestic Assistance
(CFDA)Number: 84.373Y. *Dates:* *Applications Available:* July 6, 2007. *Deadline for Transmittal of Applications:* August 6, 2007. *Deadline for Intergovernmental Review:* September 4, 2007. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* Under section 616(i)(2) of the Individuals with Disabilities Education Act, as amended (IDEA), the Department may make awards to provide technical assistance to improve the capacity of States to meet data collection requirements. *Priorities:* This priority is from the notice of final priority and eligibility requirements for this program, published elsewhere in this issue of the **Federal Register** . *Absolute Priority:* For FY 2007 this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority. This priority is: Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention. *Program Authority:* 20 U.S.C. 1411(c) and 1416(i)(2). *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 97, 98, and 99.
(b)The notice of final priority and eligibility requirements for this program, published elsewhere in this issue of the **Federal Register** . Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes. Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Cooperative agreement. *Estimated Available Funds:* $3,250,000. *Maximum Award:* We will reject any application that proposes a budget exceeding $3,250,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the **Federal Register** . *Estimated Number of Awards:* 1. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. III. Eligibility Information 1. *Eligible Applicants:* Public and private agencies and organizations, including for-profit and non-profit agencies and organizations. 2. *Cost Sharing or Matching:* This competition does not require cost sharing or matching. 3. *Other: General Requirements* —The projects funded under this competition must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA). IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone, toll free: 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), call toll free: 1-877-576-7734. You can contact ED Pubs at its Web site, also: *http://www.ed.gov/pubs/edpubs.html* or at its e-mail address: *edpubs@inet.ed.gov* . If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.373Y. Individuals with disabilities can obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person or team listed under *Alternative Format* in section VIII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 70 pages, using the following standards: • A “page” is 8.5″ × 11″, on one side only, with 1” margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12-point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, the references, or the letters of support. However, you must include all of the application narrative in Part III. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* July 6, 2007. *Deadline for Transmittal of Applications:* August 6, 2007. Applications for grants under this competition may be submitted electronically using the *Grants.gov* Apply site ( *Grants.gov* ), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or by mail or hand delivery, please refer to section IV.6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice. *Deadline for Intergovernmental Review:* September 4, 2007. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this competition may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* To comply with the President's Management Agenda, we are participating as a partner in the Governmentwide *Grants.gov* Apply site. The Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention competition—CFDA number 84.373Y is included in this project. We request your participation in *Grants.gov.* If you choose to submit your application electronically, you must use the Governmentwide *Grants.gov* Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for the Technical Assistance Center for Data Collection, Analysis, and Use for Accountability in Special Education and Early Intervention competition—CFDA number 84.373Y at: *http://www.grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.373, not 84.373Y). Please note the following: • Your participation in *Grants.gov* is voluntary. • When you enter the *Grants.gov* site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by *Grants.gov* are date and time stamped. Your application must be fully uploaded and submitted, and must be date and time stamped by the *Grants.gov* system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date and time stamped by the *Grants.gov* system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from *Grants.gov* , we will notify you if we are rejecting your application because it was date and time stamped by the *Grants.gov* system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through *Grants.gov* . • You should review and follow the Education Submission Procedures for submitting an application through *Grants.gov* that are included in the application package for this competition to ensure that you submit your application in a timely manner to the *Grants.gov* system. You can also find the Education Submission Procedures pertaining to *Grants.gov* at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via *Grants.gov* , you must complete the steps in the *Grants.gov* registration process ( *http://www.grants.gov/applicants/get_registered.jsp* ). These steps include:
(1)Registering your organization, a multi-part process that includes registration with the Central Contractor Registry (CCR);
(2)registering yourself as an Authorized Organization Representative (AOR); and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the *Grants.gov* 3-Step Registration Guide (see *http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to successfully submit an application via *Grants.gov* . In addition you will need to update your CCR registration on an annual basis. This may take three or more business days to complete. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • If you submit your application electronically, you must submit all documents electronically, including all information you typically provide on the following forms: Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. Please note that two of these forms—the SF 424 and the Department of Education Supplemental Information for SF 424—have replaced the ED 424 (Application for Federal Education Assistance). • If you submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified in this paragraph or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive from *Grants.gov* an automatic notification of receipt that contains a *Grants.gov* tracking number. (This notification indicates receipt by *Grants.gov* only, not receipt by the Department.) The Department then will retrieve your application from *Grants.gov* and send a second notification to you by e-mail. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of System Technical Issues with the Grant.Gov System:* If you are experiencing problems submitting your application through *Grants.gov* , please contact the *Grants.gov* Support Desk at 1-800-518-4726. You must obtain a *Grants.gov* Support Desk Case Number and must keep a record of it. If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the *Grants.gov* system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the application deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT and provide an explanation of the technical problem you experienced with *Grants.gov* , along with the *Grants.gov* Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the *Grants.gov* system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the *Grants.gov* system. We will not grant you an extension if you failed to fully register to submit your application to *Grants.gov* before the application deadline date and time or if the technical problem you experienced is unrelated to the *Grants.gov* system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.373Y) 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.373Y), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark.
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.
(3)A dated shipping label, invoice, or receipt from a commercial carrier.
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark.
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.373Y), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—
(1)You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and
(2)The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 and are listed in the application package. 2. *Review and Selection Process: Treating a Priority as Two Separate Competitions:* In the past, there have been problems in finding peer reviewers without conflicts of interest for competitions in which many entities throughout the country submit applications. The Standing Panel requirements under IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that, for some discretionary competitions, applications may be separated into two or more groups and ranked and selected for funding within the specific group. This procedure will ensure the availability of a much larger group of reviewers without conflicts of interest. It also will increase the quality, independence and fairness of the review process and permit panel members to review applications under discretionary competitions for which they have also submitted applications. However, if the Department decides to select for funding an equal number of applications in each group, this may result in different cut-off points for fundable applications in each group. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may notify you informally, also. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measures:* To evaluate the overall success of the project funded under this competition, the Department will determine at the end of the performance period whether the grantee has improved the capacity of States to meet data collection requirements under section 616 of the IDEA. The grantee will also be required to report information on project performance in its annual reports to the Department. (34 CFR 75.590) VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Scott Brown, U.S. Department of Education, 400 Maryland Avenue, SW., Room 4076, Potomac Center Plaza, Washington, DC 20202-2600. Telephone:
(202)245-7282. If you use a TDD, call the FRS, toll-free, at 1-800-877-8339. VIII. Other Information *Alternative Format:* Individuals with disabilities can obtain this document and a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., Room 5075, PCP, Washington, DC 20202-2550. Telephone:
(202)245-7363. If you use a TDD, call the FRS, toll-free, at 1-800-877-8339. *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register,** in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: June 29, 2007. Jennifer Sheehy, Director of Policy and Planning for Special Education and Rehabilitative Services. [FR Doc. E7-13137 Filed 7-5-07; 8:45 am] BILLING CODE 4000-01-U-P 72 129 Friday, July 6, 2007 Presidential Documents Part III The President Proclamation 8159—Grant of Executive Clemency Title 3— The President Proclamation 8159 of July 2, 2007 Grant of Executive Clemency By the President of the United States of America A Proclamation WHEREAS Lewis Libby was convicted in the United States District Court for the District of Columbia in the case *United States v. Libby* , Crim. No. 05-394 (RBW), for which a sentence of 30 months' imprisonment, 2 years' supervised release, a fine of $250,000, and a special assessment of $400 was imposed on June 22, 2007; NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, pursuant to my powers under Article II, Section 2, of the Constitution, do hereby commute the prison terms imposed by the sentence upon the said Lewis Libby to expire immediately, leaving intact and in effect the two-year term of supervised release, with all its conditions, and all other components of the sentence. IN WITNESS THEREOF, I have hereunto set my hand this second day of July, in the year of our Lord two thousand and seven, and of the Independence of the United States of America the two hundred and thirty-first. GWBOLD.EPS [FR Doc. 07-3328 Filed 7-5-07; 11:34 am]
Connectionstraces to 32
Traces to 32 documents
CFR
- Smoking; prohibition.§ 75.1702
- Definition and requirements for a nationally recognized testing laboratory.§ 1910.7
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
- Annual absolute, competitive preference, and invitational priorities.§ 75.105
- Continuation of a multiyear project after the first budget period.§ 75.253
- General selection criteria.§ 75.210
- Requirements for a continuation award.§ 75.118
- Financial and performance reports.§ 75.720
- Evaluation by the grantee.§ 75.590
U.S. Code
- Board meetings; audits; reports; scholarship eligibility§ 1862n–5
- Open meetings§ 552b
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- National securities exchanges§ 78f
- Short title§ 78a
- Definitions and application§ 78c
- Congressional declaration of purpose§ 4321
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 470f
- Compliance with nationally recognized codes§ 3312
- Authority to exempt rail carrier transportation§ 10502
- Filing and procedure for application to abandon or discontinue§ 10903
- Federal agency responsibilities§ 3506
- Confidentiality and disclosure of returns and return information§ 6103
- Purposes§ 3501
- Authorization; allotment; use of funds; authorization of appropriations§ 1411
register
statutes-at-large
24 references not yet in our index
- Pub. L. 104-13
- 30 CFR 1716
- Pub. L. 92-463
- 45 CFR 614
- 10 CFR 73
- 10 CFR 50
- 10 CFR 73.71
- 17 CFR 240.19
- 17 CFR 19
- Pub. L. 110-28
- Pub. L. 106-170
- 80 Stat. 917
- 49 CFR 1.66
- 49 CFR 1180.2(d)(8)
- 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
- Pub. L. 107-210
- 44 USC 3501-3521
- 34 CFR 79
- 34 CFR 86
Citation graph
cites case law
Notices
Notice
Pub. L.Pub. L. 104-13
Cite30 CFR 1716
Pub. L.Pub. L. 92-463
Cites 56 · showing 12Cited by 0 across 0 sources