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Code · REGISTER · 2007-07-18 · DEPARTMENT OF JUSTICE · Rules and Regulations

Rules and Regulations. 30-day notice of information collection under review: 2007 Survey of State and Local Law Enforcement Agencies

17,400 words·~79 min read·/register/2007/07/18/07-3520·

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

Agency: Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations
Action: 30-day notice of information collection under review: 2007 Survey of State and Local Law Enforcement Agencies. The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics (BJS), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 72, Number 90, pages 26648-26649 on May 10, 2007, allowing for a 60 day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until August 17, 2007. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Brian Reaves, Bureau of Justice Statistics, 810 Seventh St., NW., Washington, DC 20531. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —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 agencies 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. Overview of This Information Collection: (1) Type of Information Collection: Revision of a currently approved collection. (2) Title of the Form/Collection: 2007 Survey of State and Local Law Enforcement Agencies. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: The form numbers are CJ-44L and CJ-44S, Bureau of Justice Statistics, Office of Justice Programs, Department of Justice. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal, State, and Local Government. This information collection is a survey of State and local law enforcement agencies. The survey will provide statistics on law enforcement personnel, budgets, equipment, and policies and procedures. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 3,200 respondents will complete a survey form, including 1,000 3-hour forms and 2,200 2-hour forms. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 7,400 total annual burden hours associated with this collection. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street NW, Washington, DC 20530. Dated: July 13, 2007. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E7-13940 Filed 7-17-07; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review; Comment Request July 12, 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 or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/email: . Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employment Standards Administration (ESA), 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: Employment Standards Administration. Type of Review: Extension without change of currently approved collection. Title: Request for State or Federal Workers' Compensation Information. OMB Number: 1215-0060. Form Number: CM-905. Frequency: On occasion. Type of Response: Reporting. Affected Public: State, Local, or Tribal governments. Estimated Number of Respondents: 1,400. Estimated Number of Annual Responses: 1,400 Estimated Average Response Time: 15 minutes. Estimated Total Annual Burden Hours: 350. Total Estimated Annualized capital/startup costs: $0. Total Estimated Annual Costs (operating/maintaining systems or purchasing services): $616. Description: The Form CM-905 is submitted to Federal or state agencies for completion when it is indicated that the beneficiary has filed a claim for workers' compensation benefits due to pneumoconiosis, or is receiving benefits that may need to be offset. The information is used by DOL claims examiners in determining the amounts of black lung benefits paid to beneficiaries. Benefit amounts are reduced, dollar for dollar, for other black lung related workers' compensation awards the beneficiary may be receiving from state or Federal programs. Agency: Employment Standards Administration. Type of Review: Extension without change of currently approved collection. Title: Labor Standards for Federal Service Contracts—Regulations 29 CFR, Part 4. OMB Number: 1215-0150. Form Numbers: N/A. Frequency: Annually. Type of Response: Reporting and Recordkeeping. Affected Public: Business and other for-profit. Estimated Number of Respondents: 50,812. Estimated Number of Annual Responses: 50,812. Estimated Average Response Time: 1 hour to prepare a vacations benefit seniority list; 30 minutes to prepare a conformance record; and 5 minutes to transmit collective bargaining agreements. Estimated Total Annual Burden Hours: 49,220. Total Annualized capital/startup costs: $0. Total Annual Costs (operating/maintaining systems or purchasing services): $0. Description: Section 2(a) of the Service Contract Act (41 U.S.C. 351) provides that every contract subject to the Act must contain a provision specifying the minimum monetary wages and fringe benefits to be paid to the various classes of service employees performing work on the contract. This information collection pertains to records needed to determine an employee's seniority for purposes of determining any vacation benefit, to conform wage rates where they do not appear on a wage determination (WD), and to update WDs because of changing terms in a collective bargaining agreement. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E7-13876 Filed 7-17-07; 8:45 am] BILLING CODE 4510-CF-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,637] Vytech Industries, Inc., Elkhart, IN; Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance; Correction ACTION: Notice; correction
Citation: FR Doc. 07-3520 · OMB Number 1121-0240

Summary

The Department of Labor, Employment and Training Administration published a document in the Federal Register on July 9, 2007, titled Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance. The Department is issuing a restructured paragraph for clarification purposes. Correction This is to correct the “text” caption in the Federal Register of July 9, 2007, in FR Doc. E7-13173, on page 37265, in the third column, under the heading Negative Determinations for Alternative Trade Adjustment Assistance, to read: The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. Signed in Washington DC this 11th day of July 2007. Ralph Dibattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7-13875 Filed 7-17-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification

Dates

Comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before August 17, 2007.

Supplementary Information

I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary determines that: (1) An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or (2) that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications. II. Petitions for Modification Docket Number: M-2007-037-C. Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, Kentucky 40701. Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County, Kentucky. Regulation Affected: 30 CFR 75.380(f)(4)(i) (Escapeways; bituminous and lignite mines). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method for the use of mobile equipment traveling in the primary escapeway. The petitioner asserts that technology has not developed a fire suppression system that will fit on the type of equipment used in this mine, which has an average coal seam of 28 inches. The petitioner proposes to use one ten pound or two five pound portable chemical fire extinguishers on each Mescher Jeep used at the Mine. If two extinguishers are used, one five pound extinguisher will be mounted in the operators' deck with the other mounted on the jeep accessible to the operator. If one extinguisher is used, it will be mounted in the operators' deck. In either case, the petitioner proposes to use a total of ten pounds of fire extinguisher capability on each Mescher Jeep, which will be readily accessible to the operator. The petitioner states that: (1) The equipment operator will inspect each fire extinguisher daily before entering the primary escapeway; and (2) a record of the inspections will be maintained; and (3) defective fire extinguishers will be replaced prior to entering the mine. The petitioner further states that: (1) The main travelway of the mine is also the primary escapeway; (2) the amount of time each Mescher Jeep is in the primary escapeway is limited to the travel time to the face at the start of the shift, and at mid-shift, to change batteries, and travel out at the end of the shift during which time the drag bucket is empty and the tractor is not transporting coal; (3) employees who operate the Mescher Jeeps in the primary escapeway have been properly trained in the daily inspection of fire extinguishers installed on the equipment they operate; and (4) the employees have been trained to properly operate the fire extinguishers should it become necessary to extinguish a fire on the equipment they operate. The petitioner also states that it is likely that the application of the existing standard would reduce the safety of the affected miners, since fire suppression equipment is not presently available for this type of equipment, and currently, technology does not provide fire suppression equipment for the type of machinery used at the Mine No. 7. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M-2007-038-C. Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, Kentucky 40701. Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County, Kentucky. Regulation Affected: 30 CFR 75.342 (Methane monitors). Modification Request: The petitioner requests a modification of the existing standard to permit the use of hand-held continuous-duty methane and oxygen indicators in lieu of machine-mounted methane monitors on three-wheel tractors with drag bottom buckets. The petitioner states that: (1) The operator will be qualified to use the hand-held detectors; (2) a gas test will be taken to determine if any methane concentration is present in the atmosphere prior to allowing the coal-loading tractor in the face area; (3) if one percent (1%) of methane is detected, the operator will manually de-energize his/her battery operated tractor immediately, production will immediately cease, work will be performed to eliminate the elevated methane levels, and production will resume when the methane has been lowered to less than one percent; (4) a spare continuous-duty hand-held methane and oxygen detector will be available to ensure that all coal hauling tractors are equipped with a working detector; and (5) the monitors will be inspected daily and fully charged, calibrated at least every 30 days, and will not be changed from manufacturer's specifications unless by a person qualified to do so. The petitioner asserts that application of the existing standard reduces protection and the proposed alternative method would greatly increase the safety and well being of miners. Docket Number: M-2007-039-C. Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset, Colorado 81434. Mine: West Elk Mine, (MSHA I.D. No. 05-03672), located in Gunnison County, Colorado. Regulation Affected: 30 CFR 75.380(d)(4) (Escapeway; bituminous and lignite mines). Modification Request: The petitioner requests an amendment to its previous petition for modification, docket number M-94-023-C, to increase the affected distance in the belt entry from 1,050 feet to 2,300 feet with the same terms and conditions as its previously approved petition. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and that application of the approved terms and conditions of the previous petition will at all times provide a safe work environment to the miners. In addition, the petitioner asserts that the requested amendment will provide at least as much protection as the previously granted petition. Docket Number: M-2007-040-C. Petitioner: UAE CoalCorp Associates, One Harmony Road, P.O. Box 0306, Mount Carmel, Pennsylvania. Mine: Harmony Mine, (MSHA I.D. No. 36-07838), located in Columbia County, Pennsylvania. Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general). Modification Request: The petitioner requests a modification of the existing standard for its anthracite coal mine to permit the use of the slope (gunboat) to transport persons in shafts and slopes using an increased rope strength/safety factor and secondary safety rope connection instead of using safety catches or other no less effective devices. The petitioner asserts that: (1) A functional safety catch capable of working in slopes with knuckles or curves is not commercially available; (2) a makeshift device would be activated on or by knuckles or curves when no emergency exists; and (3) activation of a safety catch can or will damage the haulage system and subject persons being transported to hazards from dislodged timbering, roof material or guide rails, and being battered about within the conveyance. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M-2007-041-C. Petitioner: Brooks Run Mining Company, LLC, 25 Little Birch Road, Sutton, West Virginia 25601. Mine: Cucumber Mine, (MSHA I.D. No. 46-09066), located in McDowell County, West Virginia. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance). Modification Request: The petitioner requests a modification of the existing standard to permit mining on a complete line of pillars without having to tram the Mine Roof Supports (MRS) units around the pillars. The petitioner states that: (1) This petition will apply only to trailing cables that are at least a No. 6 American Wire Gauge and have a 90 degree insulation rating to supply 575-volt three-phase alternating current to mobile roof supports; (2) the size of the trailing cable will be according to the equipment approval documentation and the maximum cable length will not exceed 800 feet; (3) all circuit breakers used to protect the trailing cables exceeding 600 feet in length will have instantaneous trip units calibrated to trip at 300 amperes; (4) each trip setting of the circuit breakers will be sealed and the circuit breakers will have permanent, legible labels to identify the circuit breaker as being suitable for protecting the cables; (5) during each production day, a person designated by the operator will visually examine the trailing cables to ensure that the cables are in safe operating condition and visually examine the instantaneous settings of the specially calibrated breakers to ensure that the seals have not been removed or tampered with or do not exceed the settings; (6) warning labels will be installed and properly maintained permanently on the cover(s) of the power center or distribution box identifying the location of each sealed short circuit protective device; (7) back-spooling and temporary discharging points shall be limited; and (8) Part 48 training plan will be revised to include additional training. The petitioner further states that labels will warn miners not to change or alter the sealed short circuit settings. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M-2007-042-C. Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 41763. Mine: Mine # 75, MSHA I.D. No. 15-17478, located in Perry County, Kentucky. Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination). Modification Request: The petitioner requests a modification of the existing standard to permit check points (examination points) for air volume and quality to be established in two locations of the Return Mains due to water accumulations in these areas that prevent foot travel. The petitioner proposes to establish examination points at certain points to evaluate airflow entering the 2nd Return Mains and exiting the 2nd Return Mains. The petitioner also proposes to establish ventilation check points between certain breaks of the 2nd Return Mains near the installed man doors and in the cut-through of certain breaks in the 2nd Return Mains. The petitioner states that due to water accumulations and the distance from active works, it is impractical to expose personnel to traveling the affected area. The petitioner describes additional safety precautions, such as, signage and establishing and monitoring air measurement stations, at locations that would allow a certified person to effectively evaluate ventilation in the affected areas of the mine. The petitioner has listed specific additional procedures in this petition that will be used to comply with the proposed alternative method. Individuals may review a complete description of the procedures at the MSHA address listed in this notice. The petitioner asserts that this petition for modification will provide no less protection than the existing standard. Dated: July 12, 2007. Jack Powasnik, Acting Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E7-13921 Filed 7-17-07; 8:45 am] BILLING CODE 4510-43-P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel AGENCY: The National Endowment for the Humanities. ACTION: Notice of meetings. SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Heather C. Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone (202) 606-8322. Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Endowment's TDD terminal on (202) 606-8282. SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman's Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and (6) of section 552b of Title 5, United States Code. 1. Date: August 1, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Philosophy I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 2. Date: August 1, 2007. Time: 2 p.m. to 5 p.m. Room: 421. Program: This meeting, which will be by teleconference, will review applications for Public Libraries, submitted to the Office of Challenge Grants, at the May 1, 2007 deadline. 3. Date: August 2, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Romance Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 4. Date: August 2, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Music History and Theory in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 5. Date: August 6, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for American Literature I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 6. Date: August 6, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for American Literature II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 7. Date: August 7, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Ancient and Classical Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 8. Date: August 7, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Medieval and Renaissance Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 9. Date: August 8, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Germanic and Slavic Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 10. Date: August 8, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Political Science and Jurisprudence in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 11. Date: August 9, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for American History I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 12. Date: August 9, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Advanced Research Fellowships on Japan in Fellowships for Advanced Research on Japan, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 13. Date: August 10, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Sociology, Anthropology, and Psychology in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 14. Date: August 13, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Comparative Literature and Literary Criticism in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 15. Date: August 13, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Humanities II in Faculty Research Awards, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 16. Date: August 14, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Digital Humanities Fellowships III in Digital Humanities Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 17. Date: August 14, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Philosophy II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 18. Date: August 15, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Religious Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 19. Date: August 16, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Film, Media, Rhetoric, and Communication in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 20. Date: August 16, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for American History II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. Heather C. Gottry, Acting Advisory Committee Management Officer. [FR Doc. E7-13841 Filed 7-17-07; 8:45 am] BILLING CODE 7536-01-P NATIONAL SCIENCE FOUNDATION National Science Board; Audit and Oversight Committee; Sunshine Act Meetings; Notice The National Science Board's Audit and Oversight Committee, 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: Monday, July 30, 2007 at 5 p.m. Subject Matter: To discuss findings and recommendations of OIG review of Board operations polices and procedures. 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 ( ) for information or schedule updates, or contact: Bruce M. Carpel, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: (703) 292-4982. Russell Moy, Attorney-Advisor. [FR Doc. E7-13968 Filed 7-17-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-184] National Institute of Standards and Technology; National Bureau of Standards Reactor; Notice of Availability of the Draft Environmental Impact Statement for License Renewal and Public Comment Period for the License Renewal of National Bureau of Standards Reactor Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, Commission) has published a Draft Environmental Impact Statement (Draft EIS) for License Renewal of the Operating License No. TR-5 for an additional 20-years of operation for the National Bureau of Standards Reactor (NBSR) located on the National Institute of Standards and Technology (NIST) campus in upper Montgomery County, Maryland. Possible alternatives to the proposed action (license renewal) include no action, constructing a new reactor to replace the NBSR capabilities, and using alternative research facilities. The Draft EIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, or from the NRC's Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at . The Accession Number for the Draft EIS is ML070920453. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR reference staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at . In addition, the Montgomery County Library, located at 2 Metropolitan Court, Suite 4, Gaithersburg, MD 20878, has agreed to make the Draft EIS available for public inspection. Any interested party may submit comments on the Draft EIS for consideration by the NRC staff. To be considered, comments on the Draft EIS and the proposed action must be received by September 5, 2007; the NRC staff is able to assure consideration only for comments received on or before this date. Comments received after the due date will be considered only if it is practical to do so. Written comments on the Draft EIS should be sent to: Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Comments may be hand-delivered to the NRC at 11545 Rockville Pike, Room T-6D59, Rockville, MD, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Electronic comments may be submitted to the NRC by e-mail at . All comments received by the Commission, including those made by Federal, State, local agencies, Native American Tribes, or other interested persons, will be made available electronically at the Commission's PDR in Rockville, Maryland, and through ADAMS. FOR FURTHER INFORMATION CONTACT: Mr. Dennis Beissel, Environmental Branch A, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O-11F1, Washington, DC 20555-0001. Mr. Beissel may be contacted at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 9th day of July, 2007. For the Nuclear Regulatory Commission. Eric Benner, Branch Chief, Environmental Branch A, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E7-13934 Filed 7-17-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS-357] WTO Dispute Settlement Proceeding Regarding United States—Subsidies and Other Domestic Support for Corn and Other Agricultural Products AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative (“USTR”) is providing notice that on June 7, 2007, Canada requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (“WTO Agreement”) regarding U.S. domestic support measures for corn and other agricultural products. That request may be found at: contained in a document designated as WT/DS357/11. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the consultations, comments should be submitted on or before August 17, 2007 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to: , with “Agricultural Subsidies (Canada) (DS357)” in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. FOR FURTHER INFORMATION CONTACT: David Yocis, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC, (202) 395-6150. SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and opportunity for comment be provided after the United States submits or receives a request for the establishment of a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that the establishment of a dispute settlement panel has been requested pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”). If such a panel is established pursuant to the DSU, such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within six to nine months after it is established. Major Issues Raised by Canada In its request for the establishment of a panel, Canada alleges that the United States has provided support to domestic agricultural producers in excess of U.S. commitments with respect to the Aggregate Measurement of Support (“AMS”) as described in Article 6.2 of the WTO Agreement on Agriculture and the U.S. WTO schedule of commitments. According to Canada, the United States has provided domestic support in excess of its AMS commitments in each of the years 1999, 2000, 2001, 2002, 2004, and 2005, in breach of Article 3.2 of the WTO Agreement on Agriculture. In addition, Canada alleges that U.S. export credit guarantees under the GSM-102 program in respect of agricultural products not included in the U.S. WTO schedule of agricultural export subsidy commitments are export subsidies prohibited under Articles 3.1(a) and 3.2 of the WTO Agreement on Subsidies and Countervailing Measures and provided in violation of Articles 8 and 10.1 of the WTO Agreement on Agriculture. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments should be submitted (i) electronically, to: , with “Agricultural Subsidies (Canada) (DS357)” in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. USTR encourages the submission of documents in Adobe PDF format as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. Comments must be in English. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked “Business Confidential” at the top and bottom of the cover page and each succeeding page. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter (1) Must clearly so designate the information or advice; (2) Must clearly mark the material as Submitted in Confidence at the top and bottom of the cover page and each succeeding page; and (3) Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, the submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel; and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket WTO/DS-357, Canada Corn-AMS Dispute) may be made by calling the USTR Reading Room at (202) 395-6186. The USTR Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E7-13941 Filed 7-17-07; 8:45 am] BILLING CODE 3190-W7-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS316] WTO Dispute Settlement Proceeding Regarding European Communities and Certain Member States—Measures Affecting Trade in Large Civil Aircraft; Notice of Opportunity To View Non-Confidential Session of Dispute Settlement Panel's Second Meeting With the Parties AGENCY: Office of the United States Trade Representative. ACTION: Notice. SUMMARY: The Office of the United States Trade Representative (“USTR”) is providing notice that members of the public have an opportunity to view the non-confidential session of the second substantive meeting of the World Trade Organization (“WTO”) in the dispute European Communities and Certain Member States—Measures Affecting Trade in Large Civil Aircraft (WT/DS316). At the session, parties will make their opening statements and may pose questions or make comments on the other party's statement. The United States does not expect the Panel to pose any questions or make any comments during the session. The session will be videotaped. At an appropriate time after the session is over, the Panel will confirm that no business confidential information was referenced during the session. Public viewing of the videotape will occur after the conclusion of the second substantive meeting, which will take place July 24-26, 2007. In the case of the first panel meeting, the viewing was held the day after the panel meeting concluded, so the viewing could be as early as July 27. Once the WTO announces the time and date of the public viewing, USTR will post that information on its Web site at . The public viewing will be held at the World Trade Organization, Centre William Rappard, Rue de Lausanne 154, CH—1211 Geneva 21, Switzerland. USTR invites any person interested in viewing the non-confidential session to so inform USTR by e-mail at . USTR urges that the request be made as soon as possible and in any event no later than July 20. Requests will be forwarded to the WTO. Each request should indicate the person's full name, contact information (full address, phone, and e-mail), organization (if any), and nationality, and whether the person has made any other request to view the session (such as a request directly to the WTO or to the other party to the dispute, the European Communities). FOR FURTHER INFORMATION CONTACT: Shane Warren, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC, (202) 395-3150. Daniel E. Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E7-13945 Filed 7-17-07; 8:45 am] BILLING CODE 3190-W7-P RAILROAD RETIREMENT BOARD Agency Forms Submitted for OMB Review, Request for Comments SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) for the following collection of information: 3220-0200, Designation of Contact Officials. Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. Coordination between railroad employers and the RRB is essential to properly administer the payment of benefits under the Railroad Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA). In order to enhance timely coordination activity, the RRB utilizes Form G-117a, Designation of Contact Officials. Form G-117a is used by railroad employers to designate employees who are to act as point of contact with the RRB on a variety of RRA and RUIA-related matters. Completion is voluntary. The RRB estimates that about 100 G-117a's are submitted annually. One response is requested from each respondent. Completion time is estimated at 15 minutes. No changes are proposed to Form G-117a. The RRB invites comments on the proposed collection of information to determine (1) The practical utility of the collection; (2) the accuracy of the estimated burden of the collection; (3) ways to enhance the quality, utility and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if RRB and OIRA receive them within 30 days of publication date. Previous Requests for Comments: The RRB has already published the initial 60-day notice (72 FR 26657 on May 10, 2007) required by 44 U.S.C. 3506(c)(2). That request elicited no comments. Information Collection Request (ICR) Title: Designation of Contact Officials. OMB Control Number: 3220-0200. Form(s) Submitted: G-117A. Type of Request: Extension of a currently approved collection. Affected Public: Business or other for profit. Abstract: The Railroad Retirement Board (RRB) requests that railroad employers designate employees to act as liaison with the RRB on a variety of Railroad Retirement Act and Railroad Unemployment Insurance Act matters. Changes Proposed: The RRB proposes no changes to Form G-117A. The burden estimate for the ICR is as follows: Estimated Annual Number of Respondents: 100. Total Annual Responses: 100. Total Annual Reporting Hours: 25. ADDITIONAL INFORMATION OR COMMENTS: Copies of the forms and supporting documents can be obtained from Charles Mierzwa, the agency clearance officer (312-751-3363) or . Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or and to the OMB Desk Officer for the RRB, at the Office of Management and Budget, Room 10230, New Executive Office Building, Washington, DC 20503. Charles Mierzwa, Clearance Officer. [FR Doc. E7-13910 Filed 7-17-07; 8:45 am] BILLING CODE 7905-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56051; File No. SR-BSE-2007-30] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Extension of the iShares Russell 2000 Index Fund Option Pilot Program Until January 18, 2008 July 12, 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 July 3, 2007, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by BSE. The Exchange has filed the proposal pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend an existing pilot program that increases the position and exercise limits for options on the iShares Russell 2000 Index Fund (“IWM”) traded on the Exchange (“IWM Option Pilot Program”). The text of the proposed rule change is available at BSE, the Commission's Public Reference Room, and . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, BSE included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. BSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to extend the IWM Option Pilot Program for an additional six-month period, through January 18, 2008, 5 and to make non-substantive changes to simplify the rule text describing the IWM Option Pilot Program. The IWM Option Pilot Program increases the position and exercise limits for IWM options traded on the Exchange. 6 The Exchange is not proposing any other changes to the IWM Option Pilot Program. The Exchange represents that it has not encountered any problems or difficulties relating to the IWM Option Pilot Program since its inception. 5 January 18, 2008 is the third Friday of the month (or expiration Friday), which is the day on which January 2008 IWM options will expire. 6 Pursuant to Chapter III, Section 7 of the Boston Options Exchange (“BOX”) Rules, the exercise limit established under Chapter III, Section 7 for IWM options shall be equivalent to the position limit prescribed for IWM options in Supplementary Material .01 to Chapter III, Section 7. The increased exercise limits would only be in effect during the pilot period and the proposed six-month extension of that pilot period through January 18, 2008. The proposal that established the IWM Option Pilot Program was designated by the Commission to be effective and operative upon filing and provided that it would run from January 23, 2007 through July 22, 2007. 7 In that filing, the Exchange explained that in June 2005, as a result of a 2-for-1 stock split, the position limit for IWM options was temporarily increased from 250,000 contracts (covering 25,000,000 shares) to 500,000 contracts (covering 50,000,000 shares). At the time of the split, the furthest IWM option expiration date was January 2007. Therefore, the temporary increase of the IWM position limit was scheduled to automatically revert to the pre-split level (as provided for in connection with the Chapter III, Section 7 Pilot Program) of 250,000 contracts after expiration in January 2007. 7 See Securities Exchange Act Release No. 55171 (January 25, 2007), 72 FR 4549 (January 31, 2007). As the Exchange described in the proposal that established the IWM Option Pilot Program, the Exchange believes that a position limit of 250,000 contracts is too low and may be a deterrent to the successful trading of IWM options. Importantly, options on IWM are 1/10th the size of options on the Russell 2000 Index (“RUT”), which have a position limit of 50,000 contracts. 8 Traders who trade IWM options to hedge positions in RUT options are likely to find a position limit of 250,000 contracts in IWM options too restrictive and insufficient to properly hedge. For example, if a trader held 50,000 RUT options and wanted to hedge that position with IWM options, the trader would need—at a minimum—500,000 IWM options to properly hedge the position. Therefore, the Exchange continues to believe that a position limit of 250,000 contracts is too low and may adversely affect market participants' ability to provide liquidity in this product. 8 See Chapter XIV, Section 5 of BOX Rules. As the Exchange also described in the proposal that established the IWM Option Pilot Program, IWM options have grown to become one of the largest options contracts in terms of trading volume. For example, through May 29, 2007, year-to-date industry volume in IWM options has averaged over 460,000 contracts per day, for a total of over 61 million contracts. BOX alone has averaged 15,386 IWM option contracts per day during that time, for a total of almost 2 million contracts. In contrast, QQQQ options, which have a position limit of 900,000 contracts, have averaged almost 575,000 contracts per day in 2007. 9 9 Please note contract volume data is quoted using one-sided figures. The Exchange believes that maintaining the increased position and exercise limits for IWM options will lead to a more liquid and more competitive market environment for IWM options that will benefit customers interested in this product. In fact, the Exchange has received positive feedback from market participants, who have expressed a desire that the IWM Option Pilot Program be renewed. For these reasons, the Exchange believes that the above stated reasons justify the IWM Option Pilot Program and requests that the Commission extend the IWM Option Pilot Program for an additional six-month time period, through January 18, 2008. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 10 in general, and furthers the objectives of Section 6(b)(5) of the Act, 11 in particular, because it is designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and practices, and, in general, to protect investors and the public interest. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does no 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 Because the forgoing 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 this filing, or such shorter time as the Commission may designate, it has become effective pursuant to section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(6) thereunder. 13 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. 14 However, Rule 19b-4(f)(6)(iii) 15 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver would permit position and exercise limits for options on IWM to continue at 500,000 option contracts for a six-month pilot period. For this reason, the Commission designates the proposed rule change to be operative upon filing with the Commission. 16 14 17 CFR 240.19b-4(f)(6)(iii). In addition, 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. 15 Id. 16 For the purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( ); or • Send an e-mail to: . Please include File Number SR-BSE-2007-30 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-BSE-2007-30. 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 ( ). 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 the filing also will be available for inspection and copying at the principal office of BSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2007-30 and should be submitted on or before August 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 17 J. Lynn Taylor, Assistant Secretary. 17 17 CFR 200.30-3(a)(12). [FR Doc. E7-13879 Filed 7-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56056; File No. SR-BSE-2007-19] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Rules of the Boston Options Exchange Related to Obvious Errors July 12, 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 Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposed rule change as a “non-controversial” proposed rule change pursuant to section 19(b)(3)(A) 3 of the and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes amending the Boston Options Exchange (“BOX”) Rules related to Obvious Errors to allow the parties to a transaction to mutually agree to nullify or adjust a trade. Below is the text of the proposed rule change. Proposed new language is in italics . Rules of the Boston Stock Exchange Rules of the Boston Options Exchange Facility Chapter V. Doing Business on BOX Sec. 20 Obvious Errors (a) through (f). No change. (g) Mutual Agreement. The determination as to whether a trade was executed in error may be made by mutual agreement of the affected parties to a particular transaction. A trade may be nullified or adjusted on the terms that all parties to a particular transaction agree. In the absence of mutual agreement by the parties, a particular trade may only be nullified or adjusted when the transaction results in an Obvious Error as provided for in this Section. Supplementary Material: No change. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, 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. BSE 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 BOX's Rules to provide parties to a particular transaction with the ability to nullify or adjust a trade if such nullification or adjustment is agreed to by all parties to the transaction at issue. In other words, the determination as to whether a trade was executed at an erroneous price may be made by mutual agreement of the affected parties to a particular transaction. A trade may be nullified or adjusted on the terms that all parties to a particular transaction agree. In the absence of mutual agreement by the parties, a particular trade may only be nullified or adjusted when the transaction results in an Obvious Error as provided for in Chapter V, Section 20 of BOX's Rules. 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)(5) of the Act, 6 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and to protect investors and the public interest in that it is designed 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 for a free and open market and a national market system, and, in general, to protect investors and the public interest. 5 15 U.S.C. 78f(b). 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 would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days after the date of filing (or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest), the proposed rule change has become effective pursuant to section 19(b)(3)(A) of the Act 7 and Rule 19b-4(f)(6) thereunder. 8 As required under Rule 19b-4(f)(6)(iii), 9 the Exchange provided the Commission with 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 the filing of the proposed rule change. 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b-4(f)(6). 9 17 CFR 240.19b-4(f)(6)(iii). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( ); or • Send an e-mail to: . Please include File Number SR-BSE-2007-19 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-BSE-2007-19. 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 ( ). 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-BSE-2007-19 and should be submitted on or before August 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-13881 Filed 7-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56050; File No. SR-CBOE-2007-76] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Short Term Option Series Pilot Program July 11, 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 July 2, 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 and II below, which Items have been substantially prepared by the Exchange. The Exchange has designated this proposal as non-controversial under Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 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)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the period for its Short Term Options Series pilot program (“Pilot Program”) through July 12, 2008, and to amend the Pilot Program related to a restriction on overlapping expirations of Short Term Option Series with Quarterly Options Series and Quarterly Index Options (“QIX”). The text of the proposed rule change is available on the Exchange's Web site ( ), 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 On July 12, 2005, the Commission approved the Pilot Program. 5 The Pilot Program has since been extended and is currently scheduled to expire on July 12, 2007. 6 5 See Securities Exchange Act Release No. 52011 (July 12, 2005), 70 FR 41451 (July 19, 2005) (File No. SR-CBOE-2004-63) (“Pilot Program Approval Order”). 6 See Securities Exchange Act Release No. 53984 (June 14, 2006), 71 FR 35718 (June 21, 2006) (File No. SR-CBOE-2006-48); see also Securities Exchange Act Release No. 54338 (August 21, 2006), 71 FR 50952 (August 28, 2006) (File No. SR-CBOE-2006-49) (order approving a modification to the Pilot Program that increased the number of series that may be listed for each class selected to participate in the Pilot Program from five series to seven series). The Exchange has selected the following four options classes to participant in the Pilot Program: S&P 500 Index options (SPX); S&P 100 Index American-style options (OEX); Mini-S&P 500 Index options (XSP); and S&P 100 Index European-style options (XEO). CBOE believes the Pilot Program has been successful and well received by its members and the investing public. Thus, CBOE proposes to extend the Pilot Program through July 12, 2008. In support of the proposed rule change, and as required by the Pilot Program Approval Order, the Exchange is submitting to the Commission a Pilot Program report (the “Report”) detailing the Exchange's experience with the Pilot Program. Specifically, the Report contains data and written analysis regarding the four options classes included in the Pilot Program. The Report is being submitted under separate cover and seeks confidential treatment under the Freedom of Information Act. The Exchange believes there is sufficient investor interest and demand to extend the Pilot Program another year. The Exchange believes that the Pilot Program has provided investors with additional means of managing their risk exposures and carrying out their investment objectives. Furthermore, the Exchange has not experienced any capacity-related problems with respect to Short Term Option Series. The Exchange also represents that is has the necessary system capacity to support the option series listed under the Pilot Program. Finally, the Exchange is proposing to amend the Pilot Program to provide that no Short Term Option Series may have an expiration that coincides with an expiration of Quarterly Options Series on the same class. Currently, the Exchange's rules do not have such a restriction. The Exchange is also proposing to amend the Pilot Program as it pertains to index options to provide that no Short Term Option Series may have an expiration that coincides with an expiration of QIX option series on the same class. Currently, the Exchange's rules provide that no Short Term Option Series may expire in the same week during which the QIXs expire. The Exchange believes these changes should provide consistency in the Exchange's rules with those of other exchanges sponsoring similar pilot programs. 7 7 See, e.g. , American Stock Exchange Rule 903, Commentary .09(b); International Securities Exchange Rule 504, Supplementary Material .03(b); and NYSE Arca Rule 5.19(a)(3). 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act. 8 Specifically, the Exchange believes the proposed rule change is consistent with Section 6(b)(5) of the Act, 9 which requires that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and to perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange believes that extension of the Pilot Program will result in a continuing benefit to investors by allowing them additional means to manage their risk exposures and carry out their investment objectives, and will allow the Exchange to further study investor interest in Short Term Option Series. 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has designated the proposed rule change as one that: (1) Does not significantly affect the protection of investors or the public interest; (2) does not impose any significant burden on competition; and (3) does not become operative for 30 days from the date of filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. Therefore, the foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and subparagraph (f)(6) of Rule 19b-4 thereunder. 11 The Exchange has asked the Commission to waive the operative delay to permit the Pilot Program extension to become operative prior to the 30th day after filing. 12 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). 12 As required under Rule 19b-4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change at least five business before doing so. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it will allow the benefits of the Pilot Program to continue without interruption. 13 Therefore, the Commission designates the proposal operative upon filing. 14 13 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 14 As set forth in the Commission's original release providing notice filing of CBOE's proposal to adopt the Pilot Program, if the Exchange were to propose an extension, an expansion, or permanent approval of the Pilot Program, the Exchange would submit, along with any filing proposing such amendments to the program, a report that would provide an analysis of the Pilot Program covering the entire period during which the Pilot Program was in effect. The report would include, at a minimum: (1) Data and written analysis on the open interest and trading volume in the classes for which Short Term Option Series were opened; (2) an assessment of the appropriateness of the option classes selected for the Pilot Program; (3) an assessment of the impact of the Pilot Program on the capacity of the Exchange, OPRA, and market data vendors (to the extent data from market data vendors is available); (4) any capacity problems or other problems that arose during the operation of the Pilot Program and how the Exchange addressed such problems; (5) any complaints that the Exchange received during the operation of the Pilot Program and how the Exchange addressed them; and (6) any additional information that would assist in assessing the operation of the Pilot Program. The report must be submitted to the Commission at least sixty (60) days prior to the expiration date of the Pilot Program. See Securities Exchange Act Release No. 51172 (February 9, 2005), 70 FR 7979 (February 16, 2005) (File No. SR-CBOE-2004-63). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the 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 other CBOE 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 ( ); or • Send an e-mail to . Please include File No. SR-CBOE-2007-76 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-2007-76. 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 ( ). 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-CBOE-2007-76 and should be submitted on or before August 8, 2007. 15 15 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. J. Lynn Taylor, Assistant Secretary. 7 [FR Doc. E7-13874 Filed 7-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56054; File No. SR-NYSEArca-2007-52] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change as Modified by Amendment No. 2 Thereto Relating to Exchange Fees and Charges July 12, 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, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. On June 12, 2007, NYSE Arca filed Amendment No. 1 to the proposed rule change. On June 29, 2007, the Exchange withdrew Amendment No. 1 and submitted Amendment No. 2 to the proposed rule change. 3 This order provides notice of the proposed rule change, as modified by Amendment No. 2, and approves the proposed rule change, as amended, on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 2 replaced the original filing in its entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its Schedule of Fees and Charges for Exchange Services (“Schedule”) by charging Royalty Fees to all Intermarket Options Linkage orders (“Linkage Orders”) except Satisfaction Orders. The text of the proposed rule change is available on the Exchange's Web site at , 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 III below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to allow the Exchange to assess Royalty Fees (aka Surcharge Fees or Licensing Fees) on Principal orders (“P Orders”) and Principal Acting as Agent orders (“P/A Orders”) 4 sent to the Exchange via the Intermarket Linkage System (“Linkage”). The Exchange proposes to add language to the footnote associated with Royalty Fees and also include a reference to said footnote, in the Linkage Fees section of the Schedule. These changes will explain that Royalty Fees will now be applicable to orders executed via Linkage, except for Satisfaction Orders. 5 4 See Section 2(16)(a) and (b) of the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage (“Linkage Plan”) for definitions of “P Orders” and “P/A Orders.” 5 See Section 2(16)(c) of the Linkage Plan for definition of “Satisfaction Order.” Certain classes of options listed on NYSE Arca have as their underlying security licensed products that require the Exchange to pay a Royalty Fee to the licensing entity for every contract traded in that particular class of options. Royalty Fees are assessed to the Exchange by a licensing entity through an agreement which allows the Exchange to trade options on certain proprietary products. Royalty Fees are not Exchange transaction fees. A list of all Royalty Fees in place at NYSE Arca is published in the Schedule and available on the company Web site at . Presently, Royalty Fees that are charged to the Exchange are passed on to trade participants on all Firm, Broker-Dealer and Market Maker transactions in issues that carry a Royalty Fee. Linkage Orders (except for Satisfaction Orders) executed on NYSE Arca are subject to the same fees as other Broker-Dealer orders. 6 Accordingly, the Exchange now proposes to pass on any Royalty Fees to options exchanges sending P Orders and P/A Orders through Linkage. Assessing Royalty Fees on Linkage Orders is consistent with billing practices presently in place at the Chicago Board Options Exchange, the American Stock Exchange and the International Securities Exchange. 6 Fees imposed on Linkage Orders are subject to an Exchange Pilot Program and will expire July 31, 2007. On July 10, 2007, the Exchange filed a proposed rule change with the Commission to extend the pilot until July 31, 2008. See SR-NYSEArca-2007-66. 2. Statutory Basis The Exchange believes that the proposal is consistent with Section 6(b) of the Act, in general, 7 and Section 6(b)(4) in particular, 8 in that it provides for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. 7 15 U.S.C. 78f(b)(4). 8 Id . B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. 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 ( ); or • Send an e-mail to . Please include File Number SR-NYSEArca-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-NYSEArca-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 ( ). 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-NYSEArca-2007-52 and should be submitted on or before August 8, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 9 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(4) of the Act, 10 which requires 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. 9 In approving this rule change, the Commission notes that it has considered the proposal's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 10 15 U.S.C. 78f(b)(4). The Commission also finds good cause for approving the proposed rule change prior to the 30th day after the date of publication of the notice of filing thereof in the Federal Register . The Commission notes that NYSE Arca's proposal to apply fees to P Orders and P/A Orders is consistent with the practices of other options exchanges. 11 The Commission also believes that NYSE Arca's proposal does not raise any novel regulatory issues. Therefore, the Commission finds good cause, consistent with Section 19(b)(2) of the Act, 12 to approve the proposed rule change on an accelerated basis. 11 See, e.g. , Securities Exchange Act Release Nos. 51351 (March 9, 2005), 70 FR 12917 (March 16, 2005) (SR-CBOE-2005-14) (applying license fees to P Orders and P/A Orders on MNX and NDX Indexes) and 51858 (June 16, 2005), 70 FR 36218 (June 22, 2005) (applying license fees to P Orders and P/A Orders on RUI, RUT and RMN indexes) (SR-ISE-2005-26). 12 15 U.S.C. 78s(b)(2). V. Conclusion It is therefore ordered , pursuant to Section 19(b)(2) of the Act, 13 that the proposed rule change (SR-NYSEArca-2007-52), as modified by Amendment No. 2, be and hereby is, approved on an accelerated basis. 13 Id. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). J. Lynn Taylor, Assistant Secretary. [FR Doc. E7-13878 Filed 7-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56058; File No. SR-NYSEArca-2006-83] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to Amendments to NYSE Arca Rules 2.17 and 4.5 Relating to Certain OTP Holder and OTP Firm Administrative Procedures July 12, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on November 7, 2006, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission” or “SEC”) 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 comment 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 NYSE Arca Rules 2.17 and 4.5(c) and (d). The text of the proposed rule change is set forth below. Italicized text indicates additions; brackets indicate deletions. Rule 2.17 Amendments to OTP Firm or OTP Holder Documents (a) All formation documents for OTP Firms for which NYSE Arca, Inc. is the Designated Examining Authority, such as articles of incorporation, by-laws, partnership agreements, limited liability company agreements, and all amendments thereto, now in effect or adopted in the future, shall be filed with the Exchange and shall be subject to Exchange approval. Rule 4.5(c) Part II Quarterly Reports [Two manually signed copies of] Part II of SEC Form X-17A-5 shall be filed electronically with, and in a manner prescribed by, the Exchange for each calendar quarter by any OTP Holder or OTP Firm which carries or clears accounts for customers. Such report shall be due by the seventeenth business day following the end of the calendar quarter being reported upon. Original copies of such reports with manual signatures shall be maintained by the OTP Holder or OTP Firm, as applicable, in accordance with NYSE Arca Rule 11.16(a). Rule 4.5(d) Part IIA Quarterly Reports [Two manually signed copies of] Part IIA of SEC Form X-17A-5 shall be filed e lectronically with, and in a manner prescribed by, the Exchang e for each calendar quarter by any OTP Holder or OTP Firm which does not carry or clear accounts for customers. Such report shall be due by the seventeenth business day following the end of the calendar quarter being reported upon. Original copies of such reports with manual signatures shall be maintained by the OTP Holder or OTP Firm, as applicable, in accordance with NYSE Arca Rule 11.16(a). 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 self-regulatory organization 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 self-regulatory organization 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 NYSE Arca Rules 2.17 and 4.5(c) and (d) in order to simplify the administrative procedures that Options Trading Permit (“OTP”) Holders 3 and OTP Firms 4 must follow. The Exchange believes that such amendments will not compromise the Exchange's ability to regulate its OTP Holders and OTP Firms. 3 See NYSE Arca Rule 1.1(q). 4 See NYSE Arca Rule 1.1(r). NYSE Arca Rule 2.17 currently provides that all OTP Firms must file their formation documents with the Exchange. The Exchange proposes to amend NYSE Arca Rule 2.17 in order to provide that only those OTP Firms for which the Exchange is the Designated Examining Authority must submit such formation documents to the Exchange. The Exchange believes that it is duplicative and unnecessary for an OTP Firm to submit documentation relating to its organizational structure to more than one SRO for review. Further, to the extent an OTP Firm is required to send organizational documents only to one SRO for review, NYSE Arca believes that the most appropriate SRO to perform that review is the OTP Firm's Designated Examining Authority. NYSE Arca Rule 4.5(c) currently requires OTP Holders and OTP Firms that carry or clear accounts for customers to file two manually signed copies of Part II of SEC Form X-17A-5 with the Exchange on a quarterly basis. The Exchange proposes to amend NYSE Arca Rule 4.5(c) to provide that such reports shall be filed electronically with the Exchange, rather than manually, and that the OTP Holder or OTP Firm, as applicable, shall maintain original copies of such reports with manual signatures in accordance with NYSE Arca Rule 11.16(a). 5 5 NYSE Arca Rule 11.16(a) provides that each OTP Holder and OTP Firm must make, keep current and preserve such books and records as the Exchange may prescribe and as may be prescribed by the Securities Exchange Act of 1934 (the “Exchange Act”) and the rules and regulations thereunder (including any interpretation relating thereto) as though such OTP Holder or OTP Firm were a broker or dealer registered with the SEC pursuant to Section 15 of the Exchange Act. NYSE Arca Rule 4.5(d) currently requires OTP Holders and OTP Firms that do not carry or clear accounts for customers to file two manually signed copies of Part IIA of SEC Form X-17A-5 with the Exchange on a quarterly basis. The Exchange proposes to amend NYSE Arca Rule 4.5(d) to provide that such reports shall be filed electronically with the Exchange, rather than manually, and that the OTP Holder or OTP Firm, as applicable, shall maintain original copies of such reports with manual signatures in accordance with NYSE Arca Rule 11.16(a). 6 6 Id. The Exchange proposes amending NYSE Arca Rule 4.5(c) and (d) to codify procedural changes that have been implemented by the Exchange and to be consistent with guidance that has been provided previously to OTP Holders and OTP Firms. (2) Statutory Basis The Exchange believes the proposed rule change is consistent with section 6(b) of the Exchange Act, 7 in general, and furthers the objectives of section 6(b)(5) 8 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 7 15 U.S.C. 78f(b). 8 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 Exchange Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve the proposed modifications, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( ); or • Send an e-mail to: . Please include File Number SR-NYSEArca-2006-83 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-NYSEArca-2006-83. 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: ( ). 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 NYSE Arca. 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-NYSEArca-2006-83 and should be submitted on or before August 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 9 Nancy M. Morris, Secretary. 9 17 CFR 200.30-3(a)(12). [FR Doc. E7-13880 Filed 7-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56057; File No. SR-NYSEArca-2006-82] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to Amendments to NYSE Arca Equities Rules 2.16 and 4.5 Relating to Certain ETP Holder Administrative Procedures July 12, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on November 7, 2006, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”), through its wholly owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities” or the “Corporation”), filed with the Securities and Exchange Commission (“Commission” or “SEC”) 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 comment 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, through its wholly owned subsidiary NYSE Arca Equities, proposes to amend NYSE Arca Equities Rules 2.16 and 4.5(b) and (c). The text of the proposed rule change is set forth below. Italicized text indicate additions; brackets indicate deletions. Rule 2.16 Amendments to ETP Holder Documents (a) All formation documents for ETP Holders for which NYSE Arca, Inc. is the Designated Examining Authority, such as articles of incorporation, by-laws, partnership agreements, limited liability company agreements, and all amendments thereto, now in effect or adopted in the future, shall be filed with the Corporation and shall be subject to approval by the Corporation. Rule 4.5(b) Part II Quarterly Reports [Two manually signed copies of] Part II of SEC Form X-17A-5 shall be filed electronically with, and in a manner prescribed by, the Corporation for each calendar quarter by any ETP Holder which carries or clears accounts for customers. Such report shall be due by the seventeenth business day following the end of the calendar quarter being reported upon. Original copies of such reports with manual signatures shall be maintained by the ETP Holder in accordance with NYSE Arca Equities Rule 2.24. Rule 4.5(c) Part IIA Quarterly Reports [Two manually signed copies of] Part IIA of SEC Form X-17A-5 shall be filed electronically with, and in a manner prescribed by, the Corporation for each calendar quarter by any ETP Holder which does not carry or clear accounts for customers. Such report shall be due by the seventeenth business day following the end of the calendar quarter being reported upon. Original copies of such reports with manual signatures shall be maintained by the ETP Holder in accordance with NYSE Arca Equities Rule 2.24. 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 self-regulatory organization 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 self-regulatory organization 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 NYSE Arca Equities Rules 2.16 and 4.5(b) and (c) in order to simplify the administrative procedures that Equity Trading Permit (“ETP”) Holders 3 must follow. The Exchange believes that such amendments will not compromise the Exchange's ability to regulate its ETP Holders. 3 See NYSE Arca Equities Rule 1.1(n). NYSE Arca Equities Rule 2.16 currently provides that all ETP Holders must file their formation documents with the Corporation. The Exchange proposes to amend NYSE Arca Equities Rule 2.16 in order to provide that only those ETP Holders for which the Exchange is the Designated Examining Authority must submit such formation documents to the Corporation. The Exchange believes that it is duplicative and unnecessary for an ETP Holder to submit documentation relating to its organizational structure to more than one SRO for review. Further, to the extent an ETP Holder is required to send organizational documents only to one SRO for review, NYSE Arca believes that the most appropriate SRO to perform that review is the ETP Holder's Designated Examining Authority. NYSE Arca Equities Rule 4.5(b) currently requires ETP Holders that carry or clear accounts for customers to file two manually signed copies of Part II of SEC Form X-17A-5 with the Corporation on a quarterly basis. The Exchange proposes to amend NYSE Arca Equities Rule 4.5(b) to provide that such reports shall be filed electronically with the Corporation, rather than manually, and that the ETP Holder shall maintain original copies of such reports with manual signatures in accordance with NYSE Arca Equities Rule 2.24. 4 4 NYSE Arca Equities Rule 2.24 provides that each ETP Holder must make, keep current and preserve such books and records as the Exchange may prescribe and as may be prescribed by the Securities Exchange Act of 1934 (the “Exchange Act”) and the rules and regulations thereunder (including any interpretation relating thereto) as though such ETP Holders were brokers or dealers registered with the SEC pursuant to Section 15 of the Exchange Act. NYSE Arca Equities Rule 4.5(c) currently requires ETP Holders that do not carry or clear accounts for customers to file two manually signed copies of Part IIA of SEC Form X-17A-5 with the Corporation on a quarterly basis. The Exchange proposes to amend NYSE Arca Equities Rule 4.5(c) to provide that such reports shall be filed electronically with the Corporation, rather than manually, and that the ETP Holder shall maintain original copies of such reports with manual signatures in accordance with NYSE Arca Equities Rule 2.24. 5 5 Id. The Exchange proposes amending NYSE Arca Equities Rule 4.5(b) and (c) to codify procedural changes that have been implemented by the Exchange and to be consistent with guidance that has been provided previously to ETP Holders. (2) Statutory Basis The Exchange believes the proposed rule change is consistent with section 6(b) of the Exchange Act, 6 in general, and furthers the objectives of section 6(b)(5) 7 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 6 15 U.S.C. 78f(b). 7 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 Exchange Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve the proposed modifications, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic comments • Use the Commission's Internet comment form ( ); or • Send an e-mail to: . Please include File Number SR-NYSEArca-2006-82 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-NYSEArca-2006-82. 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: ( ). 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 NYSE Arca. 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-NYSEArca-2006-82 and should be submitted on or before August 8, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-13882 Filed 7-17-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION Region IX Regulatory Fairness Board; Public Federal Regulatory Enforcement Fairness Hearing The U.S. Small Business Administration (SBA) Region IX Regulatory Fairness Board and the SBA Office of the National Ombudsman will hold a National Regulatory Fairness Hearing on Thursday, July 19, 2007, at 10 a.m. The forum will take place at the Chamber of Commerce of Hawaii, 1132 Bishop Street Building Conference Room, 3rd Floor, Honolulu, HI 96813. The purpose of the meeting is for Business Organizations, Trade Associations, Chambers of Commerce and related organizations serving small business concerns to report experiences regarding unfair or excessive Federal regulatory enforcement issues affecting their members. Anyone wishing to attend or to make a presentation must contact Karen Sakihama, in writing or by fax in order to be placed on the agenda. Karen Sakihama, Deputy District Director, SBA, Hawaii District Office, 300 Ala Moana Boulevard, Room 2-235, Honolulu, HI 96850, phone (808) 541-2990, Ext. 209 and fax (202) 481-2849, e-mail: . For more information, see our Web site at . Matthew Teague, Committee Management Officer. [FR Doc. E7-13920 Filed 7-17-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. Time and Date: August 9, 2007, 11 a.m. to 2 p.m., Eastern Daylight Time, and August 30, 2007, 11 a.m. to 2 p.m., Eastern Daylight Time. Place: These meetings will take place telephonically. Any interested person may call Mr. Avelino Gutierrez at (505) 827-4565 to receive the toll free numbers and pass codes needed to participate in these meetings by telephone. Status: Open to the public. Matters to Be Considered: The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board. FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827-4565. Dated: July 13, 2007. William A. Quade, Acting Associate Administrator for Enforcement and Program Delivery. [FR Doc. 07-3520 Filed 7-16-07; 3:49 pm]

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