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Code · REGISTER · 2007-09-18 · SECURITIES AND EXCHANGE COMMISSION · Notices

Notices. Notice

7,000 words·~32 min read·/register/2007/09/18/07-4604

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BILLING CODE 3210-01-M SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold the following meetings during the week of September 17, 2007: An Open Meeting will be held on Wednesday, September 19, 2007 at 10 a.m., in the Auditorium, Room L-002. A Closed Meeting will be held on Thursday, September 20, 2007 at 2 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and
(10)and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Casey, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matter of the Open Meeting scheduled for Wednesday, September 19, 2007 at 10 a.m. will be: 1. The Commission will consider whether to adopt, jointly with the Board of Governors of the Federal Reserve System, new rules under the Securities Exchange Act of 1934 (“Exchange Act”) to implement the Gramm-Leach-Bliley Act bank exceptions to the definition of “broker.” In addition, the Commission will consider whether to adopt additional related rules and rule amendments, including rules exempting banks from the definition of “dealer” under the Exchange Act. 2. The Commission will consider whether to adopt, on an interim final basis, a temporary rule that would provide investment advisers who also are registered broker-dealers an alternative means of compliance with the principal trading restrictions of section 206(3) of the Investment Advisers Act. The Commission will also consider whether to propose an interpretive rule under the Investment Advisers Act that would clarify the application of the Advisers Act to certain activities of broker-dealers. The subject matter of the Closed Meeting scheduled for Thursday, September 20, 2007 will be: Formal orders of investigations; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Resolution of litigation claims; Other matters related to enforcement proceedings; and Adjudicatory matters. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at
(202)551-5400. Dated: September 12, 2007. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-18312 Filed 9-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting; Federal Register Citation of Previous Announcement: [to be Announced] Status: Closed Meeting. Place: 100 F Street, NE., Washington, DC. Date and Time of Previously Announced Meeting: Thursday, September 20, 2007. Change in the Meeting: Additional Item. The following matter will also be considered during the 2 p.m. Closed Meeting scheduled for Thursday, September 20, 2007: A litigation matter. Commissioner Casey, as duty officer, determined that no earlier notice thereof was possible. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at
(202)551-5400. Dated: September 13, 2007. Nancy M. Morris, Secretary. [FR Doc. E7-18381 Filed 9-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In the Matter of Terax Energy, Inc.; Corrected Order of Suspension of Trading September 12, 2007. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Terax Energy, Inc. (“Terax,” trading symbol TEXG.OB), because of questions regarding the accuracy of assertions by Terax and by others, in reports filed with the Commission and in press releases to investors concerning, among other things:
(1)The status of Terax's oil and gas operations,
(2)Terax's purported financing agreements,
(3)Terax's supposed acquisition of a controlling interest in a foreign oil and gas firm,
(4)the existence, terms and status of a purported share exchange agreement between Terax and Westar Oil, Inc., and
(5)the identity of the persons in control of the operations and management of Terax. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the above-listed company is suspended for the period from 9:30 a.m. EDT, September 12, 2007 through 11:59 p.m. EDT, on September 25, 2007. By the Commission. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-18268 Filed 9-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56382; File No. SR-Amex-2007-80] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Member Floor Fees September 11, 2007. Pursuant to section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”), and Rule 19b-4 2 thereunder, notice is hereby given that on August 29, 2007, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been prepared substantially by the Exchange. Amex has designated the proposed rule change as establishing or changing a due, fee, or other charge applicable only to members, pursuant to section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) 4 thereunder, 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)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to revise the Amex Floor Fee Schedule (the “Fee Schedule”). The text of the proposed rule change is available on Amex's Web site at *http://www.amex.com,* at Amex's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Amex included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposal is to adopt various floor fees for services provided by the Exchange to members and member organizations in connection with the installation and management of member technology and computer networks. These services, among other things, include floor facilities, network connectivity, power and telecommunications. The Exchange submits that these changes will be implemented on September 1, 2007. The Fee Schedule sets forth the various floor fees that the Exchange proposes to adopt on either a one-time, annual or monthly basis as appropriate. The proposal seeks to add three
(3)new categories to the Fee Schedule to include
(i)Colocation Space,
(ii)Amex Port Charges and
(iii)Power. In addition, the proposal adds various fees in the Fee Schedule under sections entitled “Market Data Fees/Terminals,” “Equipment” and “Telecommunications.” The section entitled “Colocation Space” relates to the Exchange facilities space that is made available to members and member firms for the purpose of managing their own network and computing hardware at the Amex. The proposed fees provide that the members and member firms desiring full cabinet 5 space be assessed a one-time fee of $2,125.00 with an ongoing annual fee of $14,400 ($1,200/month). Alternatively, for a 1/8 cabinet increment, members will be charged a one-time fee of $265.00 with an annual fee of $1,800.00 ($150 per month). 5 “Full cabinet” is defined as one
(1)44 rack unit
(RU)powered telecommunications cabinet or rack with 33 RU usable space. Standard power is one
(1)20 amperes
(amps)120 volts primary power circuit and one
(1)20 amps 120 volts redundant power circuit per cabinet or rack with 16 amps available per circuit. The section entitled “Amex Port Charges” are proposed charges for network connectivity. These proposed one-time fees range from $100 to $780 with ongoing annual fees ranging from $792 ($66/month) to $7,020 ($585/month). The proposed connectivity charge will depend on the type of network connectivity. The section entitled “Power” are proposed charges for electrical power that members and member firms may use to supplement the power included in the standard Colocation Space. Proposed charges range from $1,200 a year ($100/month) to $21,912.00 a year ($1,826/month). Differences in the proposed fees depend on whether the electrical power is primary or redundant and the specific voltage and amp requirements. The proposal also adds various charges for market data in the current section entitled “Market Data Fees/Terminals.” These proposed fees range from $113.76 a year ($9.48/month) to $3,120 a year ($260/month). The proposed charges are for fees in connection with various market data services such as Dow Jones and Bloomberg. With respect to the proposed fee additions to the section entitled “Equipment,” members and member firms would be assessed for the use of “Podia” 6 and “MCTV” 7 in the amount of $1,044 per year ($87/month) and $479.88 per year ($39.99/month), respectively. As provided for in the proposed Floor Fee Schedule, these charges would defray the Exchange's cost of providing this equipment to members. Similarly, the proposed “Internet Service Fee” of $840.00 per year ($70/month) in the section entitled “Telecommunications” will defray the cost of providing this service to those members and member firms that choose to access the internet through the Exchange. 6 “Podia” refers to an increment of space used by specialists at a trading post. 7 “MCTV” is cable television. Lastly, the current “Floor Wire Privilege Fee” would be eliminated under the proposal because the proposed charges in connection with “Amex Port Charges” apply to network connectivity so that the “Floor Wire Privilege Fee” is not necessary. 2. Statutory Basis The proposed fee change is consistent with section 6(b)(4) of the Act 8 regarding the equitable allocation of reasonable dues, fees and other charges among exchange members and other persons using exchange facilities. The Exchange believes that the proposal is an equitable allocation of reasonable fees/charges among floor members because the fees/charges relating to floor facilities, network connectivity, power and telecommunications are assessed only against those floor members who choose to employ the Exchange's offering of such products/services. In addition, the Exchange submits that the proposed fees/charges are reasonable in connection with the Exchange's offered products/services, and are largely expected to cover the cost to the Exchange of providing such products/services. Accordingly, the Exchange seeks, through this proposal, to better manage its costs for supplying member technology and computer networks. 8 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has become effective pursuant to section 19(b)(3)(A)(ii) of the Act, 9 and Rule 19b-4(f)(2) 10 thereunder, because it establishes or changes a due, fee, or other charge imposed by the Exchange, applicable only to members. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 9 15 U.S.C. 78s(b)(3)(A)(ii). 10 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-Amex-2007-80 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2007-80. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F. Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of Amex. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Amex-2007-80 and should be submitted on or before October 9, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-18269 Filed 9-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56384; File No. SR-NYSE-2007-80] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Elimination of One of its NYSE OpenBook® Services September 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 August 30, 2007, the New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, 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 is proposing to eliminate one of its NYSE OpenBook ® services as described below. The text of the proposed rule change is available at NYSE, the Commission's Public Reference Room, and *http://www.nyse.com* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose NYSE OpenBook provides market participants with depth-of-market data. It is a compilation of limit order data that the Exchange provides to market data vendors, broker-dealers, private network providers, and other entities through a data feed. For every limit price, NYSE OpenBook includes the aggregate order volume. Currently, the Exchange provides two NYSE OpenBook services. One of the services updates NYSE OpenBook limit order information every five seconds (the “Five-Second NYSE OpenBook Service”). The other NYSE OpenBook service updates NYSE OpenBook limit order information in real-time (the “Real-Time NYSE OpenBook Service”). The Five-Second NYSE OpenBook Service imposes a device fee of $50.00 per month for each terminal through which the end user is able to display the service. The Commission approved the Five-Second NYSE OpenBook Service device fee in December 2001. 3 The Real-Time NYSE OpenBook Service imposes a device fee of $60.00 per month for each such terminal. The Commission approved the Real-Time NYSE OpenBook Service device fee in April 2006. 4 The Exchange is not proposing to modify the NYSE OpenBook device or access fees in this proposed rule change. 3 *See* Securities Exchange Act Release No. 44138 (December 7, 2001), 66 FR 64895 (December 14, 2001) (SR-NYSE-2001-42). 4 *See* Securities Exchange Act Release No. 53585 (March 31, 2006), 71 FR 17934 (April 7, 2006) (SR-NYSE-2004-43). In order to minimize customer impact, the Exchange made the business decision to support both versions of OpenBook (the Five-Second NYSE OpenBook Service and the Real-Time NYSE OpenBook Service) for an undefined acceptance period. The Exchange has made the Real-Time NYSE OpenBook Service available for more than a year now. In that time, NYSE OpenBook subscribers have switched from the Five-Second NYSE OpenBook Service to the Real-Time NYSE OpenBook Service. The Exchange states that currently, all recipients of the NYSE OpenBook data feed receive the Real-Time NYSE OpenBook data feed, although a small and dwindling number of them also receive the Five-Second NYSE OpenBook data feed. In addition, more than 99 percent of all end-users of NYSE OpenBook information use Real-Time NYSE OpenBook rather than Five-Second NYSE OpenBook information. Due to lack of customer demand for the Five-Second NYSE OpenBook Service, the Exchange proposes to eliminate the Five-Second NYSE OpenBook Service, effective October 1, 2007. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 5 in general, and furthers the objectives of Section 6(b)(5) of the Act 6 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 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 will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change:
(i)Does not significantly affect the protection of investors or the public interest;
(ii)does not impose any significant burden on competition; and
(iii)does not become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 7 and Rule 19b-4(f)(6)(iii) thereunder. 8 7 15 U.S.C. 78s(b)(3)(A). 8 17 CFR 240.19b-4(f)(6)(iii). Rule 19b-4(f)(6)(iii) requires the Exchange to give written notice to the Commission of its intent to file the proposed rule change at least five business days prior to filing. The Exchange complied with this requirement. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.go* v. Please include File No. SR-NYSE-2007-80 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-80. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commissions Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-80 and should be submitted on or before October 9, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-18270 Filed 9-17-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56386; File No. SR-OCC-2007-09] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Clearing Fee Reduction September 11, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on August 2, 2007, The Options Clearing Corporation (“OCC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which items have been prepared primarily by OCC. 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). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change would reduce certain OCC clearing fees. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A), (B), and
(C)below, of the most significant aspects of such statements. 2 2 The Commission has modified parts of these statements.
(A)Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of this rule change is to make additional fee reductions. First, OCC is further reducing its currently discounted standard clearing fee schedule, as described in the following chart. 3 3 The standard fee schedule currently applies to
(i)securities options,
(ii)security futures where at least one side of the trade is cleared by an OCC Clearing Member, and
(iii)commodity futures traded on the Philadelphia Board of Trade. Contracts/Trade Current permanent standard fee schedule, effective May 1, 2007 Discounted standard fee schedule, effective May 1, 2007 Discounted standard fee schedule, effective September 1, 2007 1-500 $0.05/contract $0.035/contract $0.02/contract. 501-1,000 $0.04/contract $0.028/contract $0.016/contract. 1,001-2,000 $0.03/contract $0.021/contract $15.00 (capped). >2,000 $55.00 (capped) $35.00 (capped) $15.00 (capped). Second, OCC is halving the standard market maker scratch fee to one cent per side. The discounted clearing fees and market-maker scratch fees will be effective from September 1 through December 31, 2007. Third, OCC is converting the CBOE Futures Exchange (“CFE”) to its standard rebate-eligible fee schedule, effective September 1, 2007. As a result, clearing fees charged for CFE transactions will be reduced. The outdated alternative fee schedule offered to futures markets also will be eliminated. The reductions in OCC's clearing fees reflect the strong contract volume experienced by OCC this year to date. OCC believes that these fee changes will financially benefit clearing members and other market participants without adversely affecting OCC's ability to meet its expenses and maintain an acceptable level of retained earnings. The proposed rule change is consistent with Section 17A of the Act because it benefits clearing members and other market participants by reducing and discounting clearing fees and allocating them in a fair and equitable manner. The proposed rule change is not inconsistent with the existing rules of OCC, including any other rules proposed to be amended.
(B)Self-Regulatory Organization's Statement on Burden on Competition OCC does not believe that the proposed rule change would impose any burden on competition.
(C)Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were not and are not intended to be solicited with respect to the proposed rule change, and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change changes fees charged clearing members by OCC, it has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act 4 and Rule 19b-4(f)(2) 5 thereunder. At any time within sixty days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 4 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-OCC-2007-09 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-OCC-2007-09. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of OCC. 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-OCC-2007-09 and should be submitted on or before October 9, 2007. Florence E. Harmon. Deputy Secretary. [FR Doc. E7-18271 Filed 9-17-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11026] Arizona Disaster #AZ-00006 Declaration of Economic Injury AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Economic Injury Disaster Loan
(EIDL)declaration for the State of ARIZONA, dated 09/11/2007. *Incident:* Pima County monsoon. *Incident Period:* 07/21/2007 through 07/31/2007. *Effective Date:* 09/11/2007. *EIDL Loan Application Deadline Date:* 06/11/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Pima. *Contiguous Counties:* Arizona: Cochise, Graham, Maricopa, Pinal, Santa Cruz, Yuma. *The Interest Rate is:* 4.000. The number assigned to this disaster for economic injury is 110260. The State which received an EIDL Declaration # is Arizona. (Catalog of Federal Domestic Assistance Number 59002). Dated: September 11, 2007. Steven C. Preston, Administrator. [FR Doc. E7-18320 Filed 9-17-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11027] Idaho Disaster #ID-00004 Declaration of Economic Injury AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Economic Injury Disaster Loan
(EIDL)declaration for the State of IDAHO, dated 09/11/2007. *Incident:* Castle Rock Wild Land Fire. *Incident Period:* 08/19/2007 and continuing. *Effective Date:* 09/11/2007. *EIDL Loan Application Deadline Date:* 06/11/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Blaine. *Contiguous Counties:* Idaho: Bingham, Butte, Camas, Cassia, Custer, Elmore, Lincoln, Minidoka, Power. *The Interest Rate is:* 4.000. The number assigned to this disaster for economic injury is 110270. The State which received an EIDL Declaration # is Idaho. (Catalog of Federal Domestic Assistance Number 59002). Dated: September 11, 2007. Steven C. Preston, Administrator. [FR Doc. E7-18321 Filed 9-17-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11029] North Dakota Disaster #ND-00011 AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of North Dakota (FEMA-1726-DR), dated 09/07/2007. *Incident:* Severe storms and a tornado. *Incident Period:* 08/26/2007 through 08/27/2007. *Effective Date:* 09/07/2007. *Physical Loan Application Deadline Date:* 11/06/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 09/07/2007, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Grand Forks. *The Interest Rates are:* Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11029. (Catalog of Federal Domestic Assistance Number 59008) Jane M. Pease, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-18318 Filed 9-17-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11028] North Dakota Disaster #ND-00010 AGENCY: Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of North Dakota (FEMA-1725-DR), dated 09/07/2007. *Incident:* Severe storms and tornadoes. *Incident Period:* 07/15/2007. *Effective Date:* 09/07/2007. *Physical Loan Application Deadline Date:* 11/06/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 09/07/2007, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Cass, Steele. *The Interest Rates are:* Percent Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 11028. (Catalog of Federal Domestic Assistance Number 59008) Jane M. Pease, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-18319 Filed 9-17-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5908] Meeting of Advisory Committee on International Communications and Information Policy The Department of State announces the next meeting of its Advisory Committee on International Communications and Information Policy (ACICIP) to be held on October 11, 2007, from 10 a.m. to 12 p.m., in the Loy Henderson Auditorium of the Harry S. Truman Building of the U.S. Department of State. The Truman Building is located at 2201 C Street, NW., Washington, DC 20520. The committee provides a formal channel for regular consultation and coordination on major economic, social and legal issues and problems in international communications and information policy, especially as these issues and problems involve users of information and communications services, providers of such services, technology research and development, foreign industrial and regulatory policy, the activities of international organizations with regard to communications and information, and developing country issues. The meeting will be led by ACICIP Chair Mr. Richard E. Wiley of Wiley Rein LLP., Ambassador David A. Gross, Deputy Assistant Secretary and U.S. Coordinator for International Communications and Information Policy, and other senior U.S. Government officials will address the meeting. At this meeting, Ambassador Richard M. Russell will report on the International Telecommunication Union's
(ITU)upcoming 2007 World Radiocommunication Conference. In addition, there will be a report on recent bilateral discussions with Brazil's Ministry of Communications, Mexico's Ministry of Communications and Transportation, and Vietnam's Ministry of Information and Communication. There will be discussion on important follow-up work resulting from those talks. The meeting also will focus on upcoming bilateral discussions, including the next meetings of both the U.S.-EU Information Society Dialogue and the U.S.-India Information and Communications Technology
(ICT)Working Group. Members of the public may submit suggestions and comments to the ACICIP. Submissions regarding an event, consultation, meeting, etc. listed in the agenda above should be received by the ACICIP Executive Secretary (contact information below) at least ten working days prior to the date of that listed event. They should be submitted in written form and should not exceed one page for each country (for comments on consultations) or for each subject area (for other comments). Resource limitations preclude acknowledging or replying to submissions. While the meeting is open to the public, admittance to the Department of State building is only by means of a pre-arranged clearance list. In order to be placed on the pre-clearance list, we must receive the following information from you no later than 5 p.m. on Monday, October 8, 2007 (Please note that this information is not retained by the ACICIP Executive Secretary and must therefore be re-submitted for each ACICIP meeting): I. State That You Are Requesting Pre-Clearance to a Meeting II. Provide the Following Information: 1. Name of meeting and its date and time 2. Visitor's full name 3. Company/Agency/Organization 4. Title at Company/Agency/Organization 5. Date of birth 6. Citizenship 7. Type of ID visitor will show upon entry (from list below) • U.S. driver's license with photo • Passport • U.S. government agency ID 8. ID number on the ID visitor will show upon entry Send the above information to Emily Yee by fax
(202)647-5957 or e-mail *YeeE@state.gov* . *Privacy Act Statement:* The above information is sought pursuant to 5 U.S.C. 301 and 22 U.S.C. 2651a, 4802(a). The principal purpose for collecting the information is to assure protection of U.S. Department of State facilities. The information provided also may be released to Federal, State or local agencies for law enforcement, counter-terrorism or homeland security purposes, or to other federal agencies for certain personnel and records management matters. Providing this information is voluntary but failure to do so may result in denial of access to U.S. Department of State facilities. All visitors for this meeting must use the 23rd Street entrance. The valid ID bearing the number provided with your pre-clearance request will be required for admittance. Non-U.S. government attendees must be escorted by Department of State personnel at all times when in the building. For further information, please contact Emily Yee, Executive Secretary of the Committee, at
(202)647-5205 or *YeeE@state.gov* . General information about ACICIP and the mission of International Communications and Information Policy at the Department of State is available at our Web site: *http://www.state.gov/e/eeb/adcom/c667.htm* . Dated: September 11, 2007. Emily Yee, ACICIP Executive Secretary, Department of State. [FR Doc. E7-18366 Filed 9-17-07; 8:45 am] BILLING CODE 4710-07-P DEPARTMENT OF STATE [Public Notice 5905] U.S. National Commission for UNESCO Notice of Open Teleconference Meeting SUMMARY: The U.S. National Commission for UNESCO will meet via telephone conference on Thursday, October 4, 2007, from 11 a.m. until 12 p.m. Eastern Time. The purpose of the teleconference meeting is to consider the recommendations of the Commission's World Heritage Tentative List Subcommittee. The Subcommittee was asked to review U.S. applications for the U.S. World Heritage Tentative List. This List will be the basis for U.S. nominations for inscription onto UNESCO's World Heritage List. The recommendations from this discussion will be forwarded from the Department of State to the Department of the Interior. More information on the World Heritage Tentative List process can be found at *http://www.nps.gov/oia/topics/worldheritage/tentativelist.htm.* The Commission will accept brief oral comments during a portion of this conference call. This public comment period will last 15 minutes, and comments are limited to one minute per person. Please note that the opportunity for extended comments may be made through the next phase of the selection process, when the Department of the Interior will post the draft tentative sites in the **Federal Register** for an open comment period. Members of the public who wish to present oral comments or to listen to the conference call must make arrangements with the Executive Secretariat of the National Commission by September 27, 2007. For more information or to arrange to participate in the teleconference meeting, contact Alex Zemek, Deputy Executive Director of the U.S. National Commission for UNESCO, Washington, DC 20037. Telephone:
(202)663-0026; Fax:
(202)663-0035; E-mail: *DCUNESCO@state.gov.* Susanna Connaughton, U.S. National Commission for UNESCO, Department of State. [FR Doc. E7-18365 Filed 9-17-07; 8:45 am] BILLING CODE 4710-19-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Public Notice of Intent To Rule on Request To Release Airport Property at Dallas/Fort Worth International Airport, Texas AGENCY: Federal Aviation Administration
(FAA)DOT. ACTION: Notice of request to release airport property. SUMMARY: The FAA proposes to rule and invites public comment on the release of land at Dallas/Forth Worth International Airport under the provisions of Title 49, U.S.C. Section 47107. DATES: Comments must be received on or before October 7, 2007. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Mr. Mike Nicely, Manager, Federal Aviation Administration, Southwest Region, Airports Division, Texas Airports Development Office, ASW-650, Fort Worth, Texas 76193-0650. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Jeff Fegan, Airport Manager at the following address: Dallas/Fort Worth International Airport, 3200 E. Airfield Dr., P.O. Box 619428, DFW Airport, TX 75261-9428. The request to release property may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: On September 6, 2007, the FAA determined that the request to release property at Dallas/Fort Worth International Airport submitted by the Airport met the procedural requirements of the Federal Aviation Regulations, Part 155. The following is a brief overview of the request: The Dallas/Fort Worth International Airport requests the release of two tracts of non-aeronautical use airport property. One tract is 0.0274 acres, and the second tract is 2.8736 acres. The 2.8736-acre parcel was acquired by the airport with an Airport Improvement Program
(AIP)grant. The land will be traded for the like amount for right of way purposes. Any person may inspect the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the application, notice and other documents relevant to the application in person at the Dallas/Fort Worth International Airport. Issued in Fort Worth, Texas on September 10, 2007. Kelvin L. Solco, Manager, Airports Division. [FR Doc. 07-4604 Filed 9-17-07; 8:45 am]
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