Notices. Notification to terminate the heavy oil royalty reductions program

19,325 words·~88 min read·/register/2007/10/25/07-5263

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BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WO-310-1310-PP-24 1A] Oil and Gas Leasing: Onshore Oil and Gas Operations—Fees, Rentals, and Royalty AGENCY: Bureau of Land Management, Interior. ACTION: Notification to terminate the heavy oil royalty reductions program. SUMMARY: The Bureau of Land Management

(BLM)is providing the six-month notification to terminate all royalty reductions for the production of heavy oil and to terminate the availability of further heavy oil relief under regulations at 43 CFR 3103.4-3. DATES: The termination of the heavy oil royalty reductions program is effective on May 1, 2008. FOR FURTHER INFORMATION CONTACT: Rudy Baier, Division of Fluid Minerals, BLM,

(202)452-5024. Persons who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service at 1-800-877-8339, 24 hours a day, 7 days a week, except holidays, for assistance in reaching Mr. Baier. SUPPLEMENTARY INFORMATION: Under 43 CFR 3103.4-3(b)(6)(i), the BLM may suspend or terminate all heavy oil royalty reductions and terminate the availability of further heavy royalty relief “upon 6 month's notice in the **Federal Register** when BLM determines that the average oil price has remained above $24 per barrel over a period of 6 consecutive months [based on the West Texas Intermediate

(WTI)Crude average posted prices and adjusted for inflation using the implicit price deflator for gross national product with 1991 as the base year).” The adjusted threshold for the third quarter of calendar year 2004 was $30.83 and for the fourth quarter $31.00. By **Federal Register** notice (70 FR 21810) dated April 27, 2005, this royalty reduction program was suspended effective November 1, 2005. In that notice, the BLM requested comments on the conditions under which the suspension should be removed. The BLM received three comments. The WTI crude average posted oil prices have continued to exceed the adjusted threshold at all times since the April 27, 2005 notice. Therefore, considering the price of crude oil since the April 27, 2005 notice and current price projections for the near future, the BLM decided that this royalty reduction program should be terminated. As authorized by 43 CFR 3103.4-3(b)(6)(i), this serves as notice that the BLM will terminate the heavy oil royalty reductions program effective on May 1, 2008. Should conditions change so as to warrant relief, the BLM has authority to grant royalty rate reductions on a case-by-case basis (see 43 CFR 3103.4-1). James Abbott, Assistant Director, Minerals, Realty, and Resource Protection. [FR Doc. E7-20970 Filed 10-24-07; 8:45 am] BILLING CODE 4310-84-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-060-08-1430-EQ; MTM 044187] Notice of Realty Action: Non-Competitive Lease of Public Land in Pondera County, MT AGENCY: Bureau of Land Management, Lewistown Field Office, Interior. ACTION: Designation of public lands in Pondera County, Montana, for FLPMA lease. SUMMARY: The public land proposed for lease includes about five acres which has a long history of use by the family that owns the improvements on it. The historic cabin and other limited improvements are associated with adjacent private land that was homesteaded and patented in 1907. The previous lessee passed away unbeknownst to BLM and the lease expired. However, the family continued to pay the rent in the interim. Members of the family are now seeking to lease the land again because they own the improvements and have long-standing historical family ties to the property. The five-acre tract is adjacent to the applicant's private land and is part of the applicant's BLM grazing allotment. Disposal of the land at this time via public sale is not an option because it is within a retention zone per the Land Use Plan for that area. The following described public lands are suitable for lease under Section 302 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1732: Principal Meridian Montana T. 29 N., R. 9 W., Section 35, E 1/2 W 1/2 SW 1/4 and W 1/2 E 1/2 SW 1/4 of Lot 13. Containing about 5 acres. DATES: The effective date of this Notice of Realty Action is the publication date of this notice in the **Federal Register** . For a period of 30 days from the date of this notice, interested parties may submit written comments to June Bailey, Lewistown Field Manager, Bureau of Land Management, P.O. Box 1160, Lewistown, Montana 59457. Any adverse comments will be evaluated by the BLM Lewistown Field Manager who may sustain, vacate, or modify this realty action. FOR FURTHER INFORMATION CONTACT: Information related to the proposed lease is available by contacting Willy Frank at the BLM Lewistown Field Office, P.O. Box 1160, Lewistown, Montana 59457. SUPPLEMENTARY INFORMATION: This lease is consistent with Bureau of Land Management policies and planning. The public interest will be served by the issuance of this lease since it will allow for continued clean up of the immediate area and the stabilization and preservation of the historic cabin. Dated: October 19, 2007. Scott Haight, Associate Lewistown Field Manager. [FR Doc. E7-20996 Filed 10-24-07; 8:45 am] BILLING CODE 4310-$$-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-565] In the Matter of Certain Ink Cartridges and Components Thereof; Notice of Final Determination; Issuance of General Exclusion Order, Limited Exclusion Order, and Cease and Desist Orders; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) based on the infringement of certain asserted claims of eleven asserted patents and has issued a general exclusion order, limited exclusion order, and cease and desist orders in the above-captioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone

(202)205-3041. Copies of all nonconfidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on March 23, 2006, based on a complaint filed by Epson Portland, Inc. of Oregon; Epson America, Inc. of California; and Seiko Epson Corporation of Japan. 71 FR 14720 (March 23, 2006). The complaint, as amended, alleged violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain ink cartridges and components thereof by reason of infringement of claim 7 of U.S. Patent No. 5,615,957 (“the ‘957 patent”); claims 18, 81, 93, 149, 164, and 165 of U.S. Patent No. 5,622,439 (“the ‘439 patent”); claims 83 and 84 of U.S. Patent No. 5,158,377 (“the ‘377 patent”); claims 19 and 20 of U.S. Patent No. 5,221,148 (“the ‘148 patent”); claims 29, 31, 34, and 38 of U.S. Patent No. 5,156,472 (“the ‘472 patent”); claim 1 of U.S. Patent No. 5,488,401 (“the ‘401 patent”); claims 1-3 and 9 of U.S. Patent No. 6,502,917 (“the ‘917 patent”); claims 1, 31, and 34 of U.S. Patent No. 6,550,902 (“the ‘902 patent”); claims 1, 10, and 14 of U.S. Patent No. 6,955,422 (“the ‘422 patent”); claim 1 of U.S. Patent No. 7,008,053 (“the ‘053 patent”); and claims 21, 45, 53, and 54 of U.S. Patent No. 7,011,397 (“the ‘397 patent”). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants requested that the Commission issue a general exclusion order and cease and desist orders. The Commission named as respondents twenty-four companies located in China, Germany, Hong Kong, Korea, and the United States. Several respondents have been found in default. On March 30, 2007, the presiding ALJ issued a final ID in the investigation finding a violation of section 337 and recommending the issuance of a general exclusion order and cease and desist orders. Respondents and the IA filed petitions for review of the ID on April 13, 2007. Responses were filed on April 20, 2007. The Commission determined to review those portions of the ALJ's final ID concerning:

(1)The claim construction of the terms “contacts” (claims 1, 2, 3, and 9 of the ‘917 patent; claims 1, 31, and 34 of the ‘902 patent); “overhang”(definition and location) (claims 1, 31, and 34 of the ‘902 patent); and “ink supply tank” (claim 7 of the ‘957 patent, claims 19 and 20 of the ‘148 patent, claims 83 and 84 of the ‘377 patent, and claim 164 of the ‘439 patent);

(2)infringement of claims employing those terms by those products for which review was sought, *viz.* infringement of claims 1, 2, 3, and 9 of the ‘917 patent (representative cartridges RC-6 and RC-10); claims 1, 31, and 34 of the ‘902 patent (representative cartridges RC-2 and RC-6 to RC-10); and of claim 7 of the ‘957 patent, claims 19 and 20 of the ‘148 patent, claims 83 and 84 of the ‘377 patent, and claim 164 of the ‘439 patent (representative cartridge RC-2);

(3)invalidity for obviousness of claims 1, 2, 3, and 9 of the ‘917 patent; claim 1 of the ‘053 patent; and claim 1 of the ‘422 patent. The parties filed briefs concerning the issues under review and remedy, the public interest, and bonding on July 13, 2007 and July 20, 2007. Having examined the record in this investigation, including the submissions on review and responses thereto, the Commission has determined that there is a violation of section 337 with respect to claim 7 of the ‘957 patent; claims 18, 81, 93, 149, and 164 of the ‘439 patent, claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claim 1 of the ‘401 patent; claims 1, 2, 3, and 9 of the ‘917 patent; claims 1, 31, and 34 of the ‘902 patent; claims 1, 10, and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claim 21 of the ‘397 patent. The Commission has also made determinations on the issues of remedy, the public interest, and bonding, as well as relief against defaulting respondents. The Commission determined that the appropriate form of relief in this investigation is a general exclusion order, limited exclusion order, and cease and desist orders. The general exclusion order prohibits the unlicensed entry of ink cartridges for consumption covered by one or more of claim 7 the ‘957 patent; claims 18, 81, 93, 149, and 164 of the ‘439 patent; claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claim 1 of the ‘401 patent; claims 1, 2, 3, and 9 of the ‘917 patent; claims 1, 31, and 34 of the ‘902 patent; claims 1, 10, and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claim 21 of the ‘397 patent. The limited exclusion order prohibits the unlicensed entry for consumption of certain ink cartridges that are covered by one or more of claim 165 of the ‘439 patent and claims 29, 31, 34, and 38 of the ‘472 patent that are manufactured abroad by or on behalf of, or imported by or on behalf of defaulting respondents Glory South Software Mfg., Butterfly Image Corp., Mipo International (“Mipo”), Mipo America Ltd. (“Mipo America”), AcuJet USA, Tully Imaging Supplies, Ltd. (“Tully”), Wellink Trading Co., Ltd. (“Wellink”), and Ribbon Tree (Macao) Trading Co. (“Ribbon Tree Macao”) or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The limited exclusion order also prohibits the unlicensed entry for consumption of certain ink cartridges that are covered by one or more of claims 45, 53, and 54 of the ‘397 patent that are manufactured abroad by or on behalf of, or imported by or on behalf of Mipo, Mipo America, Tully, Wellink, and Ribbon Tree Macao or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission has also determined to issue cease and desist orders covering claim 7 of the ‘957 patent; claims 18, 81, 93, 149, and 164 of the ‘439 patent; claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claim 1 of the ‘401 patent; claims 1, 2, 3 and 9 of the ‘917 patent; claims 1, 31 and 34 of the ‘902 patent; claims 1, 10 and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claim 21 of the ‘397 patent and directed to domestic respondents Ninestar U.S., Town Sky, Dataproducts, and MMC. The Commission has further determined to issue cease and desist orders covering claim 7 of the ‘957 patent; claims 18, 81, 93, 149, 164, and 165 of the ‘439 patent; claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claims 29, 31, 34, and 38 of the ‘472 patent; claim 1 of the ‘401 patent; claims 1, 2, 3 and 9 of the ‘917 patent; claims 1, 31 and 34 of the ‘902 patent; claims 1, 10 and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claims 21, 45, 53, and 54 of the ‘397 patent (Mipo America only) and directed to defaulting domestic respondents Glory South Manufacturing, Mipo America, and AcuJet U.S.A. The Commission has determined that the public interest factors enumerated in 19 U.S.C. § 1337(d), (f), and

(g)do not preclude issuance of the aforementioned remedial orders, and that the bond during the Presidential period of review shall be set at $13.60 per cartridge for covered ink cartridges. The authority for the Commission's determinations is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.45-210.51 of the Commission's Rules of Practice and Procedure (19 CFR 210.45-210.51). By order of the Commission. Issued: October 19, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-20983 Filed 10-24-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in schedule I or II and prior to issuing a registration under 21 U.S.C. 952(a)(2) authorizing the importation of such substances, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. Therefore, in accordance with 21 CFR 1301.34(a), this is notice that on April 13, 2007, Research Triangle Institute, Kenneth H. Davis Jr., Hermann Building East Institute Drive, P.O. Box 12194, Research Triangle Park, North Carolina 27709, made application by renewal to the Drug Enforcement Administration

(DEA)for registration as an importer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule 1-(1-Phenylcyclohexyl)pyrrolidine

(7458)I 1-[1-(2-Thienyl)cyclohexy]piperidine

(7470)I 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine

(7473)I 1-Methyl-4-phenyl-4-propionoxypiperidine

(9661)I 1-(2-Phenylethyl)-4-phenyl-4-acetoxypiperidine

(9663)I 2,5-Dimethoxy-4-(n)-propylthiophenethylamine

(7348)I 2,5-Dimethoxy-4-ethylamphetamine

(7399)I 2,5-Dimethoxyamphetamine

(7396)I 3,4,5-Trimethoxyamphetamine

(7390)I 3,4-Methylenedioxyamphetamine

(7400)I 3,4-Methylenedioxymethamphetamine

(7405)I 3,4-Methylenedioxy-N-ethylamphetamine

(7404)I 3-Methylfentanyl

(9813)I 3-Methylthiofentanyl

(9833)I 4-Bromo-2,5-dimethoxyamphetamine

(7391)I 4-Bromo-2,5-dimethoxyphenethylamine

(7392)I 4-Methyl-2,5-dimethoxyamphetamine

(7395)I 4-Methylaminorex (cis isomer)

(1590)I 4-Methoxyamphetamine

(7411)I 5-Methoxy-3,4-methylenedioxyamphetamine

(7401)I 5-Methoxy-N,N-diisopropyltryptamine

(7439)I Acetorphine

(9319)I Acetyl-alpha-methylfentanyl

(9815)I Acetyldihydrocodeine

(9051)I Acetylmethadol

(9601)I Allylprodine

(9602)I Alphacetylmethadol except levo-alphacetylmethadol

(9603)I Alpha-ethyltryptamine

(7249)I Alphameprodine

(9604)I Alphamethadol

(9605)I Alpha-methylfentanyl

(9814)I Alpha-methylthiofentanyl

(9832)I Alpha-methyltryptamine

(7432)I Aminorex

(1585)I Benzethidine

(9606)I Benzylmorphine

(9052)I Betacetylmethadol

(9607)I Beta-hydroxy-3-methylfentanyl

(9831)I Beta-hydroxyfentanyl

(9830)I Betameprodine

(9608)I Betamethadol

(9609)I Betaprodine

(9611)I Bufotenine

(7433)I Cathinone

(1235)I Clonitazene

(9612)I Codeine methylbromide

(9070)I Codeine-N-Oxide

(9053)I Cyprenorphine

(9054)I Desomorphine

(9055)I Dextromoramide

(9613)I Diampromide

(9615)I Diethylthiambutene

(9616)I Diethyltryptamine

(7434)I Difenoxin

(9168)I Dihydromorphine

(9145)I Dimenoxadol

(9617)I Dimepheptanol

(9618)I Dimethylthiambutene

(9619)I Dimethyltryptamine

(7435)I Dioxaphetyl butyrate

(9621)I Dipipanone

(9622)I Drotebanol

(9335)I Ethylmethylthiambutene

(9623)I Etonitazene

(9624)I Etorphine except HCl

(9056)I Etoxeridine

(9625)I Fenethylline

(1503)I Furethidine

(9626)I Gamma Hydroxybutyric Acid

(2010)I Heroin

(9200)I Hydromorphinol

(9301)I Hydroxypethidine

(9627)I Ibogaine

(7260)I Ketobemidone

(9628)I Levomoramide

(9629)I Levophenacylmorphan

(9631)I Lysergic acid diethylamide

(7315)I Marihuana

(7360)I Mecloqualone

(2572)I Mescaline

(7381)I Methaqualone

(2565)I Methcathinone

(1237)I Methyldesorphine

(9302)I Methyldihydromorphine

(9304)I Morpheridine

(9632)I Morphine methylbromide

(9305)I Morphine methylsulfonate

(9306)I Morphine-N-Oxide

(9307)I Myrophine

(9308)I N,N-Dimethylamphetamine

(1480)I N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide

(9834)I N-[1-benzyl-4-piperidyl]-N-phenylpropanamide

(9818)I N-Benzylpiperazine

(7493)I N-Ethyl-3-piperidyl benzilate

(7482)I N-Ethylamphetamine

(1475)I N-Ethyl-l-phencylcyclohexylamine

(7455)I N-Hydroxy-3,4-methylenedioxyamphetamine

(7402)I Nicocodeine

(9309)I Nicomorphine

(9312)I N-Methyl-3-piperidyl benzilate

(7484)I Noracymethadol

(9633)I Norlevorphanol

(9634)I Normethadone

(9635)I Normorphine

(9313)I Norpipanone

(9636)I Para-Fluorofentanyl

(9812)I Parahexyl

(7374)I Peyote

(7415)I Phenadoxone

(9637)I Phenampromide

(9638)I Phenomorphan

(9647)I Phenoperidine

(9641)I Pholcodine

(9314)I Piritramide

(9642)I Proheptazine

(9643)I Properidine

(9644)I Propiram

(9649)I Psilocybin

(7437)I Psilocyn

(7438)I Racemoramide

(9645)I Tetrahydrocannabinols

(7370)I Thebacon

(9315)I Thiofentanyl

(9835)I Thiophene analog of phencyclidine

(7470)I Tilidine

(9750)I Trimeperidine

(9646)I 1-Phenylcyclohexylamine

(7460)II 1-Piperidinocyclohexanecarbonitrile

(8603)II Alfentanil

(9737)II Alphaprodine

(9010)II Amobarbital

(2125)II Amphetamine

(1100)II Anileridine

(9020)II Bezitramide

(9800)II Carfentanil

(9743)II Codeine

(9050)II Dextropropoxyphene, bulk (non-dosage forms)

(9273)II Dihydrocodeine

(9120)II Dihydroetorphine

(9334)II Diphenoxylate

(9170)II Ethylmorphine

(9190)II Etorphine Hcl

(9059)II Fentanyl

(9801)II Glutethimide

(2550)II Hydrocodone

(9193)II Hydromorphone

(9150)II Isomethadone

(9226)II Levo-alphacetylmethadol

(9648)II Levomethorphan

(9210)II Levorphanol

(9220)II Lisdexamfetamine

(1205)II Meperidine

(9230)II Meperidine intermediate-A

(9232)II Meperidine intermediate-B

(9233)II Meperidine intermediate-C

(9234)II Metazocine

(9240)II Methadone

(9250)II Methadone intermediate

(9254)II Methamphetamine

(1105)II Methylphenidate

(1724)II Metopon

(9260)II Moramide intermediate

(9802)II Morphine

(9300)II Nabilone

(7379)II Opium, raw

(9600)II Opium extracts

(9610)II Opium fluid extract

(9620)II Opium tincture(9630) II Opium, granulated

(9640)II Oxycodone

(9143)II Oxymorphone

(9652)II Pentobarbital

(2270)II Phenazocine

(9715)II Phencyclidine

(7471)II Phenmetrazine

(1631)II Phenylacetone

(8501)II Piminodine

(9730)II Powdered opium

(9639)II Racemethorphan

(9732)II Racemorphan

(9733)II Remifentanil

(9739)II Secobarbital

(2315)II Sufentanil

(9740)II Thebaine

(9333)II The company plans to import small quantities of the listed controlled substances for the National Institute of Drug Abuse

(NIDA)for research activities. Any manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic classes of controlled substances may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47. Any such comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537; or any being sent via express mail should be sent to, Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 2401 Jefferson-Davis Highway, Alexandria, Virginia 22301; and must be filed no later than November 26, 2007. This procedure is to be conducted simultaneously with and independent of the procedures described in 21 CFR 1301.34(b), (c), (d), (e), and (f). As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745-46), all applicants for registration to import a basic class of any controlled substances in Schedule I or II are and will continue to be required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and

(f)are satisfied. Dated: October 19, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-21009 Filed 10-24-07; 8:45 am] BILLING CODE 4410-09-P NATIONAL COUNCIL ON DISABILITY Cultural Diversity Advisory Committee Meeting (Teleconference) AGENCY: National Council on Disability (NCD). Pursuant to the Federal Advisory Committee Act, Public Law 92-463, NCD gives notice that the Cultural Diversity Advisory Committee will hold a meeting on the date and time noted below. The Committee will meet by conference call. *Date and Time:* Thursday, November 15, 2007, 2 p.m. Eastern Standard Time. *Place:* National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC 20004. *Status:* All parts of this conference call will be open to the public. People interested in participating on this call should contact the appropriate staff member listed below. Due to limited resources, only a few telephone lines will be available for the conference call. *Agenda:* Roll call, announcements, reports, new business, adjournment. A detailed agenda will be posted 10 days before each meeting at *http://www.ncd.gov/newsroom/advisory/cultural/cultural.htm.* *Contact Person for More Information:* To obtain information on the meeting, including the call-in number, please contact Mark Seifarth or Stacey Brown, NCD, 1331 F Street NW., Suite 850, Washington, DC 20004, 202-272-2004 (voice), 202-272-2074 (TTY), 202-272-2022 (fax), *cultural-diversity@ncd.gov* (e-mail). *Cultural Diversity Advisory Committee Mission:* The purpose of NCD's Cultural Diversity Advisory Committee is to provide advice and recommendations to NCD on issues affecting people with disabilities from culturally diverse backgrounds. Specifically, the committee will help identify issues, expand outreach, infuse participation, and elevate the voices of underserved and unserved segments of this nation's population that will help NCD develop federal policy that will address the needs and advance the civil and human rights of people from diverse cultures. *Accommodations:* People needing reasonable accommodations should notify NCD at least two weeks before these meetings. Dated: October 16, 2007. Michael C. Collins, Executive Director. [FR Doc. E7-21034 Filed 10-24-07; 8:45 am] BILLING CODE 6820-MA-P NATIONAL COUNCIL ON DISABILITY Youth Advisory Committee Meetings (Teleconferences) AGENCY: National Council on Disability (NCD). Pursuant to the Federal Advisory Committee Act, P. L. 92-463, NCD gives notice that the Youth Advisory Committee will hold meetings on the dates and times noted below. The Committee will meet by conference call. All meetings are open to the public. DATES AND TIMES: Thursday, November 15, 2007, 4 p.m. EST. Thursday, January 17, 2008, 4 p.m. EST. Thursday, April 17, 2008, 4 p.m. EDT. *Place:* National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC *Status:* All parts of these conference calls will be open to the public. People interested in observing on conference calls should contact the appropriate staff member listed below. Due to limited resources, only a few telephone lines will be available for each conference call. *Agenda:* Roll call, announcements, reports, new business, adjournment. A detailed agenda will be posted 10 days before each meeting at *http://www.ncd.gov/newsroom/advisory/youth/youth.htm.* FOR FURTHER INFORMATION CONTACT: Gerrie Drake Hawkins, Ph.D., Senior Program Analyst, National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC 20004; 202-272-2004 (voice), 202-272-2074 (TTY), 202-272-2022 (fax), *youth@ncd.gov* (e-mail). *Accommodations:* People needing reasonable accommodations should notify NCD at least two weeks before this meeting. *Youth Advisory Committee Mission:* The purpose of NCD's Youth Advisory Committee is to provide input into NCD activities consistent with the values and goals of the Americans with Disabilities Act. Dated: October 16, 2007. Michael C. Collins, Executive Director. [FR Doc. E7-21033 Filed 10-24-07; 8:45 am] BILLING CODE 6820-MA-P NUCLEAR REGULATORY COMMISSION Final Regulatory Guides: Issuance, Availability AGENCY: Nuclear Regulatory Commission. ACTION: Issuance, Availability of Regulatory Guides 1.84, 1.147, and 1.193. FOR FURTHER INFORMATION CONTACT: Wallace E. Norris, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6796 or e-mail to *WEN@nrc.gov.* SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission

(NRC)has issued revisions to existing guides in the agency's “Regulatory Guide” series. This series was developed to describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 34 of Regulatory Guide 1.84, “Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,” lists all Section III Code Cases that the NRC has approved for use. For Revision 34 of the guide, the NRC staff reviewed the Section III Code Cases listed in Supplements 7-12 to the 2001 Edition of the American Society of Mechanical Engineers

(ASME)Boiler and Pressure Vessel

(BPV)Code and Supplement 1 to the 2004 Edition. Appendix A to this guide lists the supplements reviewed, the applicable edition, and the date on which each supplement was approved by the ASME Board on Nuclear Codes and Standards. Appendix B is a list of the Section III Code Cases addressed in the seven supplements. Finally, Appendix C is a current list of all Section III Code Cases. In October 2006, the NRC published a draft of this guide as Draft Regulatory Guide (DG)-1133. The public comment period closed on January 2, 2007. The staff's responses to the public comments are located in the NRC's Agencywide Documents Access and Management System (ADAMS), Accession Number ML072080205. For Revision 15 of Regulatory Guide 1.147, “Inservice Inspection Code Case Acceptability, ASME Section XI, Division I,” the NRC staff reviewed the Section XI Code Cases listed in Supplements 7-12 to the 2001 Edition, and Supplement 1 to the 2004 Edition of the ASME BPV Code. Appendix A to this guide lists the supplements reviewed, the edition, the supplement number, and the date on which the supplement was approved by the ASME Board on Nuclear Codes and Standards. Appendix B is a list of the Section XI Code Cases published by the ASME in the seven supplements. Finally, Appendix C is a current list of all Section XI Code Cases. Code cases approved by the NRC may be used voluntarily by licensees as an alternative to compliance with ASME Code provisions incorporated by reference into Title 10 of the Code of Federal Regulations (10 CFR) Section 50.55a. In October 2006, the NRC published proposed Revision 15 as DG-1134. The public comment period closed on January 2, 2007. The staff's responses to the public comments are located in the NRC's ADAMS, Accession Number ML072080205. Revision 2 of Regulatory Guide 1.193, “ASME Code Cases Not Approved for Use,” lists the code cases that the NRC determined unacceptable for use on a generic basis. Licensees may request NRC approval to implement one or more of the code cases listed in Revision 2 of Regulatory Guide 1.193, as provided in 10 CFR 50.55a(a)(3), which permits the use of alternatives to the code requirements referenced in 10 CFR 50.55a, provided the proposed alternatives result in an acceptable level of quality and safety. To do so licensees must submit a plant-specific request that addresses the NRC's concerns about the code case at issue. On May 19, 2006, the NRC published a draft of this guide as DG-1135. The public comment period closed on July 14, 2006, and no comments were received. However, changes made to Regulatory Guides 1.84 and 1.147 resulted in changes to Regulatory Guide 1.193. Electronic copies of Regulatory Guides 1.84, 1.147 and 1.193 are available through the NRC's public Web site under “Regulatory Guides” at *http://www.nrc.gov/reading-rm/doc-collections/.* In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland. The PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4209, by fax at

(301)415-3548, and by e-mail to *PDR@nrc.gov.* Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Dated at Rockville, Maryland, this 5th day of October, 2007. For the Nuclear Regulatory Commission. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. [FR Doc. E7-21017 Filed 10-24-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Trade Policy Staff Committee; Public Comments on the Caribbean Basin Economic Recovery Act and the Caribbean Basin Trade Partnership Act: Report to Congress AGENCY: Office of the United States Trade Representative. ACTION: Notice and request for public comment. SUMMARY: The Trade Policy Staff Committee

(TPSC)is seeking the views of interested parties on the operation of the Caribbean Basin Economic Recovery Act (CBERA), as amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701 *et seq.* ). Section 212(f) of the CBERA, as amended, requires the President to submit a report to Congress regarding the operation of the CBERA and CBTPA (together commonly referred to as the Caribbean Basin Initiative, or CBI) on or before December 31, 2001, and every two years thereafter. The TPSC invites written comments concerning the operation of the CBI, including comments on the performance of each CBERA and CBTPA beneficiary country, as the case may be, under the criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended. This information will be used in the preparation of a report to the U.S. Congress on the operation of the program. DATES: Public comments are due at USTR no later than 5 p.m., November 16, 2007. ADDRESSES: Submissions by electronic mail: *FR0803@ustr.eop.gov.* Submissions by facsimile: Kent Shigetomi, Office of the Americas, at

(202)395-9675. The public is strongly encouraged to submit documents electronically rather than by facsimile. See requirements for submissions below. FOR FURTHER INFORMATION CONTACT: Kent Shigetomi, Office of the Americas, Office of the United States Trade Representative, 600 17th Street, NW., Room 523, Washington, DC 20508. The telephone number is

(202)395-3412. SUPPLEMENTARY INFORMATION: Interested parties are invited to submit comments on any aspect of the program's operation, including the performance of CBERA and CBTPA beneficiary countries, as the case may be, under the criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended, and provided below. Other issues to be examined in this report include: the CBI's effect on the volume and composition of trade and investment between the United States and the Caribbean Basin beneficiary countries; and its effect in advancing U.S. trade policy goals as set forth in the CBTPA. The following countries are both CBERA and CBTPA beneficiary countries: Barbados, Belize, Costa Rica, Guyana, Haiti, Jamaica, Panama, Saint Lucia, and Trinidad and Tobago. Antigua and Barbuda, Aruba, The Bahamas, British Virgin Islands, Dominica, Grenada, Montserrat, Netherlands Antilles, Saint Kitts and Nevis, Saint Vincent and the Grenadines currently receive benefits only under CBERA. The Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua ceased to be designated as beneficiary countries when the Dominican Republic—Central America—United States Free Trade Agreement (CAFTA-DR) entered into force for each country. The CAFTA-DR entered info for El Salvador on March 1, 2006; for Honduras on April 1, 2006; for Nicaragua on April 1, 2006; for Guatemala on July 1, 2006; and for the Dominican Republic on March 1, 2007. Comments on these five former beneficiary countries should pertain to the time period when each country was still a beneficiary country. When the CAFTA-DR enters into force for Costa Rica, that country will cease to be designated as a CBERA and CBTPA beneficiary country. Eligibility Criteria for CBTPA Beneficiary Countries (Section 213(b)(5)(B) of CBERA) In determining whether to designate a country as a CBTPA beneficiary country, the President must take into account the criteria contained in sections 212(b) and

(c)of CBERA, and other appropriate criteria, including the following:

(1)Whether the beneficiary country has demonstrated a commitment to undertake its obligations under the WTO under or ahead of schedule and participate in negotiations toward the completion of the FTAA or another free trade agreement.

(2)The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights.

(3)The extent to which the country provides internationally recognized worker rights including—

(I)The right of association;

(II)The right to organize and bargain collectively;

(III)A prohibition on the use of any form of forced or compulsory labor;

(IV)A minimum age for the employment of children; and

(V)Acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.

(4)Whether the country has implemented its commitments to eliminate the worst forms of child labor.

(5)The extent to which the country has met U.S. counter-narcotics certification criteria under the Foreign Assistance Act of 1961.

(6)The extent to which the country has taken steps to become a party to and implement the Inter-American Convention Against Corruption.

(7)The extent to which the country applies transparent, nondiscriminatory and competitive procedures in government procurement, and contributes to efforts in international fora to develop and implement rules on transparency in government procurement. Additionally, before a country can receive benefits under the CBTPA, the President must also determine that the country has satisfied the requirements of section 213(b)(4)(A)(ii) of CBERA (19 U.S.C. 2703(b)(4)(A)(ii)) relating to the implementation of procedures and requirements similar in all material aspects to the relevant procedures and requirements contained in chapter 5 of the North American Free Trade Agreement. Requirements for Submissions Comments must be submitted in English by the deadline indicated above. In order to facilitate prompt processing of submissions, the Office of the United States Trade Representative strongly urges and prefers electronic (e-mail) submissions in response to this notice. In the event that an e-mail submission is impossible, submissions should be made by facsimile. Hand-delivered submissions will not be accepted. Persons making submissions by e-mail should use the following subject line: “CBI Report to Congress.” Documents should be submitted as either WordPerfect, MSWord, Adobe PDF, or text (.TXT) files. Spreadsheets submitted as supporting documentation are acceptable as Quattro Pro or Excel files. Persons who make submissions by e-mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. 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. Written comments, notice of testimony, and testimony will be placed in a file open to public inspection pursuant to 15 CFR 2003.5, except business confidential information exempt from public inspection in accordance with 15 CFR 2003.6. Business confidential information submitted in accordance with 15 CFR 2003.6 must be clearly marked “BUSINESS CONFIDENTIAL” at the top of each page, including any cover letter or cover page, and must be accompanied by a non-confidential version indicating where confidential information was redacted by inserting asterisks where material was deleted, as well as a non-confidential summary of the confidential information. If any document submitted electronically contains business confidential information, the file name of the business confidential version should begin with the characters “BC-,” and the file name of the public version should begin with the characters “P-.” The “P-” or “BC-” should be followed by the name of the submitter. All public documents and non-confidential summaries shall be available for public inspection in the USTR Reading Room. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the file must be scheduled at least 48 hours in advance and may be made by calling

(202)395-6186. Carmen Suro-Bredie, Chairman, Trade Policy Staff Committee. [FR Doc. E7-21064 Filed 10-24-07; 8:45 am] BILLING CODE 3190-W8-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56680; File No. SR-CBOE-2007-59] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change To Amend the Minimum Quote Size Requirements for Hybrid Opening System Rotations October 19, 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 September 17, 2007, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend its minimum quote size requirements that are applicable to trading rotations conducted via the Hybrid Opening System (“HOSS”). The text of the proposed rule change is available at the Exchange, on the Exchange's Web site ( *http://www.cboe.org/Legal* ), and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend CBOE Rule 6.2B, *Hybrid Opening System* (“HOSS”), which pertains to trading rotations for series trading on the CBOE Hybrid Trading System (“Hybrid”), in order to modify the minimum quote size requirements applicable to Market-Makers, Remote Market-Makers, Designated Primary Market-Makers, Electronic Designated Primary Market-Makers and Lead Market-Makers (collectively referred to as “Market-Makers”). 3 3 Currently, Designated Primary Market-Makers, Electronic Designated Primary Market-Makers and Lead Market-Makers are required to enter opening quotes in accordance with CBOE Rule 6.2B in 100% of the series of each appointed class; whereas, other Market-Makers and Remote Market-Makers are permitted, but not required, to enter opening quotes in accordance with CBOE Rule 6.2B. *See* CBOE Rules 6.2B, 8.15A (“Lead Market-Makers in Hybrid Classes”) (subparagraph (b)(iv) of this rule has been interpreted by the Exchange to require an LMM to enter opening quotes in 100% of the series of each appointed class), 8.85 (“DPM Obligations”), and 8.93 (“e-DPM Obligations”). The Exchange notes, however, that it has submitted a separate proposed rule change that would modify the opening quote obligations of Designated Primary Market-Makers, Electronic Primary Market-Makers, and Lead Market-Makers. *See* SR-CBOE-2007-87. With respect to Market-Makers' quote sizes generally, CBOE Rule 8.7 (“Obligations of Market-Makers”) currently provides that the initial size a Market-Maker electronically quotes must be at least ten contracts (undecremented size) (the “10-up” requirement); however, if the underlying primary market disseminates a 100-share best bid or offer quote (which is the equivalent of one option contract), a Market-Maker's undecremented quote may be for as low as one contract (“1-up”). 4 The proposed revisions to CBOE Rule 6.2B would revise these parameters only with respect to opening rotations in Hybrid classes. In particular, the existing minimum quote size requirements would continue to apply, except that a Market-Maker would be permitted to enter an opening quote for as low as one contract if the underlying primary market disseminates less than a 1000-share best bid or offer quote (which is the equivalent of ten contracts) immediately prior to an option series opening. 5 4 *See, e.g.* , CBOE Rule 8.7(d)(ii)(B). 5 Under CBOE Rule 6.2B, the HOSS rotation process for an option class is initiated when the underlying market opens. When the underlying market “opens” is determined, on a class-by-class basis, to be either the opening trade and/or opening quote (or whichever occurs first). In addition, the Commission notes that CBOE recently modified the parameters for determining when the underlying market opens. *See* Securities Exchange Act Release No. 56600 (October 2, 2007), 72 FR 57619 (October 10, 2007) (SR-CBOE-2007-88). Once the underlying market open occurs, HOSS initiates the overlying option class opening and sends a Rotation Notice to market participants. Thereafter, HOSS will open the series of a class in a random order. The Exchange notes that the underlying primary market's last reported quotation information may change between the time that the underlying market opens and the time that an overlying option series opens. For purposes of the proposed “1-up” quoting relief, the Exchange proposes that a Market-Maker only look to the underlying primary market's last reported quotation information that exists immediately prior to time the Market-Maker enters its opening quotes. Thus, for example, if an underlying primary market has “opened” with a best bid of 1000 shares and best offer of 1000 shares and, subsequent to that time but immediately prior to the time the Market-Maker enters its opening quotes, the underlying primary market's last reported best bid was 500 shares and best offer was 500 shares ( *i.e.* , 500 × 500), a Market-Maker would be permitted to enter a minimum opening quote for one contract on both the bid and offer sides of a call or put series ( *i.e.* , 1 × 1). If, however, the underlying primary market's best bid was 500 shares and best offer was 1000 shares immediately prior to the time the Market-Maker enters its opening quotes ( *i.e.* , 500 × 1000), to the extent required to quote, a Market-Maker would be permitted to enter a minimum opening quote for one contract on the bid side and required to enter a minimum opening quote for ten contracts on the offer side for a call series ( *i.e.* , 1 × 10). Similarly, to the extent required to quote, a Market-Maker would be required to enter a minimum opening quote for ten contracts on the bid side and permitted to enter a minimum opening quote for one contract on the offer side for a put series ( *i.e.* , 10 × 1). This ability to enter an opening quote for as low as one contract under CBOE Rule 6.2B would take precedence over any other Exchange rules regarding initial size. *See* proposed CBOE Rule 6.2B.02. In this regard, the Exchange notes that, as compared to the intra-day quoting requirements in CBOE Rule 8.7, there would be no requirement that the opening quote process be automated and the Market-Maker's quote size automatically return to at least 10-up when the underlying primary market no longer disseminates less than a 1000-share quote. Instead, once a 1-up opening quote is entered by a Market-Maker, the Market-Maker may maintain the quote until it is decremented or the Market-Maker determines to update it. Once an option series is opened and a Market-Maker's quote is decremented or the Market-Maker determines to update the quote, such updated quote would be subject to the electronic quotation size obligations set forth in CBOE Rule 8.7, which as discussed above requires that the initial size a Market-Maker electronically quotes must be at least ten contracts (undecremented size). For intra-day quoting, CBOE Rule 8.7 also provides that, if the underlying primary market disseminates a 100-share quote, a Market-Maker's undecremented quote may be for as low as one contract, provided the process is automated and the quote automatically returns to at least 10-up when the underlying primary market no longer disseminates a 100-share quote. *See supra,* note 4. Generally, the Exchange believes that the existing quote size requirement imposes a reasonable obligation on Market-Makers, who, in turn for satisfying this and other obligations, are entitled to receive market maker margin treatment. Nevertheless, the Exchange believes that there are instances where requiring Market-Makers to quote 10-up during an opening rotations imposes a heightened and inappropriate level of risk upon them. Accordingly, in the Exchange's view, the purpose of this filing is to adopt a limited exception to the 10-up minimum quoting requirement to provide relief in one such specific instance. The Exchange believes that, when the underlying primary market disseminates less than a 1000-share quote, it substantially restricts the amount of liquidity available in that security on that particular side of the market. The Exchange notes that options exchanges are derivative markets. In this regard, the Exchange believes that, with a minimum quote size requirement of ten contracts over multiple series, an options exchange provides exponentially more liquidity than is available in an underlying primary stock market that is disseminating less than a 1000-share quote. 6 Additionally, according to the Exchange, Market-Makers must hedge their transactions by buying and/or selling stock, and when the underlying primary stock exchange posts less than a 1000-share quote during the opening, it restricts the Market-Maker's ability to hedge, which does nothing but increase the Market-Maker's financial exposure and risk. This exposure and risk is intensified during the opening, which tends to be one of the busiest periods of the trading day. For these reasons, the Exchange believes that Market-Makers in this instance should have the ability to lower their Hybrid opening quote sizes to as low as one contract if they choose, thereby being more consistent with the amount of liquidity provided by the underlying primary market. 7 6 According to the Exchange, an options exchange may list 20 or more options series for an underlying stock. Thus, for example, if just a single Market-Maker posts 10-up markets in twenty series, that Market-Maker alone would be providing liquidity equivalent to 20,000 shares, which would dwarf the underlying primary market's size commitment of less than 1000 shares. 7 The Exchange also believes that nothing in this proposal would affect a Market-Maker's obligation to honor its firm quote requirements imposed by CBOE Rule 8.51 (“Firm Disseminated Market Quotes”). Accordingly, for example, if a Market-Maker disseminates a one contract market, its firm quote obligation would be one contract. The Exchange states that it is also cognizant of the desire to continue to maintain fair and orderly openings. CBOE does not think that this proposal would detract from that objective because, irrespective of the size associated with a Market-Maker's quotes, the options class would continue to open in the same automated fashion and, to the extent there may be any market order imbalance on the opening, such imbalances would continue to be addressed in the same manner. 8 8 HOSS will not open an option series if the opening trade would leave a market order imbalance ( *i.e.* , there are more market orders to buy or to sell for the particular series than can be satisfied by the limit orders, quotes and market orders on the opposite side). If this condition occurs, a notification will be sent to market participants indicating the size and direction (buy or sell) of the market order imbalance. HOSS will not open the series until the market order imbalance is satisfied and will repeat this process until the series is open. *See* CBOE Rule 6.2B(e)(iii) and (f). Upon receipt of these messages, generally the Designated Primary Market-Maker and Electronic Designated Primary Market-Maker(s) or Lead Market-Maker, as applicable, other Market-Makers with an appointment in the class, and/or other market participants, would take steps to address and resolve the market order imbalance (which steps may include, for example, a Market-Maker adding more size to his quotes). *See also* CBOE Rule 8.7(b) (which provides, among other things, that a Market-Maker has a continuous obligation to engage, to a reasonable degree under the existing circumstances, in dealings for his own account when there exists, or it is reasonably anticipated that there will exist, a temporary disparity between the supply of and demand for a particular option contract) and CBOE Rule 7.5 (“Obligation for Fair and Orderly Market”) (which provides, among other things, that Market-Makers with an appointment in a class that are present on the floor of the Exchange may be called upon to make bids and/or offers that contribute to meeting the standards set forth in CBOE Rule 8.7). 2. Statutory Basis The Exchange believes the proposed rule change is consistent with section 6(b) of the Act, 9 in general, and furthers the objectives of section 6(b)(5) of the Act, 10 in particular, in that it is designed to facilitate transactions in securities, to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and, in general, to protect investors and the public interest. The Exchange believes that the proposal provides for a very limited exception to the general requirement that Market-Maker's quotes be for a minimum ten contracts. The Exchange believes that this exception, which in the Exchange's view is narrowly-tailored, will provide a measure of protection to Market-Makers when the underlying primary market disseminates less than a 1000-share quote during the opening. Accordingly, the Exchange believes the proposal serves to enhance the incentives of Market-Makers to quote competitively during Hybrid opening rotations and reduces the disincentives to quote competitively. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the self-regulatory organization consents, the Commission will: A. By order approve such proposed rule change, or B. Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-CBOE-2007-59 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-2007-59. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room on official business days between the hours of 10 a.m. and 3 p.m. Copies of the 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-2007-59 and should be submitted on or before November 15, 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. E7-21028 Filed 10-24-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56677; File No. SR-FINRA-2007-005] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Granting Approval of a Proposed Rule Change Relating to NASD Rule 11870 (Customer Account Transfer Contracts) and NYSE Rule 412 (Customer Account Transfer Contracts) To Make the Time Frames in the Rules for Validating or Taking Exception to an Instruction To Transfer a Customer's Securities Account Consistent With the Time Frames in the Automated Customer Account Transfer Service October 19, 2007. I. Introduction On August 8, 2007, Financial Industry Regulatory Authority, Inc. (“FINRA”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”). 1 Notice of the proposal was published in the **Federal Register** on September 13, 2007. 2 The Commission received four comment letters in response to the proposed rule change. 3 For the reasons discussed below, the Commission is approving the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 Securities Exchange Act Release No. 56373 (September 7, 2007), 72 FR 52414. 3 Deirdre B. Koerick, Chief Compliance Officer, Lincoln Investment Planning, Inc. (October 2, 2007); Ron Marino, President, Customer Account Transfer Division, Securities Industry and Financial Markets Association (October 4, 2007); Kristie Thompson, Group Leader, Customer Account Transfer, Edward D. Jones & Co., LP (October 5, 2007); and R. Clements (October 17, 2007). II. Description FINRA is amending National Association of Securities Dealers, Inc. (“NASD”) Rule 11870 (“Customer Account Transfer Contracts”) and New York Stock Exchange (“NYSE”) Rule 412 (“Customer Account Transfer Contracts”) to make the time frames in the rules for validating or taking exception to an instruction to transfer a customer's securities account assets and for completing the transfer of the assets consistent with the time frames in the National Securities Clearing Corporation's (“NSCC”) Automated Customer Account Transfer Service (“ACATS”) transfer cycle. 4 4 In a companion rule filing, NSCC is eliminating two business days from the validation period for both full and partial transfers. Securities Exchange Act Release No. 56678 (October 19, 2007) (order approving proposed rule change) [File No. SR-NSCC-2007-13]. NASD Rule 11870 and NYSE Rule 412 regulate the transfer of customer accounts from one member (“carrying firm”) to another (“receiving firm”). Such transfers generally occur through ACATS, an electronic transfer system developed by NSCC to automate and standardize the transfer of accounts. Currently, NASD Rule 11870(b) and NYSE Rule 412(b)(1) require carrying members to validate or to take exception to an instruction to transfer securities account assets within three business days following receipt of a Transfer Initiation Form (“TIF”) or transfer instruction. NASD Rule 11870(e) and NYSE Rule 412(b)(3) require carrying members to complete the transfer within three business days following the validation of a transfer instruction. FINRA is amending NASD Rule 11870(b) and

(e)and NYSE Rule 412(b)(1) and (b)(3) to reduce the validation period from three business days to one business day and to provide that the time frames in NASD Rule 11870(b) and

(e)and NYSE Rule 412(b)(1) and (b)(3) will change if and when NSCC modifies those requirements in the future. 5 FINRA will also announce any such future changes in time frames to its members in a Regulatory Notice and other appropriate communications. 5 Should FINRA need to change the time frames because of a change in NSCC Rules, FINRA will file a proposed rule change to make such change. III. Comment Letters The Commission received four comment letters in response to the proposed rule change. 6 Two of the comment letters supported the proposed rule change and one comment letter, while not specifically opposing the proposed change, did not believe that the proposed changes would alone be sufficient to reduce delays in the account transfer process. A fourth comment letter supported the proposed rule change while also suggesting that further action be taken to reduce other delays in the account transfer process. 6 *Supra* note 3. Two of the supporting comment letters, written on behalf of the Customer Account Transfer Division of the Securities Industry and Financial Markets Association (“SIFMA”) and Edward D Jones & Co., LP (“Edward Jones”) both expressed the belief that the proposed reduction to the account transfer time frame by two business days will significantly improve the experience of investors when transferring assets. The SIFMA letter also addressed the concerns reported by FINRA of some introducing brokers to the proposed rule change. SIFMA expressed its view that based on its experience working with members of the Customer Account Transfer Division on the proposed changes to ACATS, the changes would not result in hardship of any one group of clients or member firms. The comment letter written on behalf of Lincoln Investment Planning, Inc. expressed doubt that reducing the validation period alone will alleviate delays in the transfer of securities. Rather, the commenter states that such a reduction should be accompanied by specific time frames by which customers are informed by their receiving firms of exceptions taken in the transfer process so that such exceptions can be rectified consistent with firms' obligation to “promptly” resolve any exceptions. 7 The comment letter from R. Clements expressed support for the reduced account transfer time frame but also suggests that further action be taken to reduce the amount of time for delivering firms to transfer proceeds from sales of account assets that are liquidated rather than transferred through ACATS. 7 *See* NASD Rule 11870(b)(2) and NYSE Rule 412(b)(2). IV. Discussion Section 15A(b)(6) of the Act 8 requires, among other things, that FINRA rules must be 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 of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed rule change is designed to accomplish these ends by making the time frames in NASD Rule 11870(b) and

(e)and NYSE Rule 412(b)(1) and (b)(3) consistent with the time frames established by NSCC for validating or taking exception to an account transfer instruction and for completing the transfer thereby creating greater efficiency in the securities account transfer process. The rule change, therefore, takes an important step to improving the account transfer process. 8 15 U.S.C. 78o-3(b)(6). V. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 15A of the Act and the rules and regulations thereunder. 9 9 In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, that the proposed rule change (File No. SR-FINRA-2007-005) be and hereby is approved. For the Commission by the Division of Market Regulation, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20988 Filed 10-24-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56678; File No. SR-NSCC-2007-13] Self-Regulatory Organizations; National Securities Clearing Corporation; Order Granting Approval of a Proposed Rule Change To Amend Its Rules and Procedures With Regard to the Automated Customer Account Transfer Service (ACATS) and ACATS Fund/SERV Processing October 19, 2007. I. Introduction On August 15, 2007, National Securities Clearing Corporation (“NSCC”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”). 1 Notice of the proposal was published in the **Federal Register** on September 13, 2007. 2 No comment letters were received. 3 For the reasons discussed below, the Commission is approving the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 Securities Exchange Act Release No. 56372 (September 7, 2007), 72 FR 52416. 3 *But see* comment letters to a similar rule change submitted by Financial Industry Regulatory Authority, Inc. Securities Exchange Act Release No. 56677 (October 19, 2007) [File No. SR-FINRA-2007-005]. II. Description NSCC is modifying its Rules to shorten the account transfer time frame for Automated Customer Account Transfer Service (“ACATS”) and ACATS Fund/SERV transfers. 4 4 Rule 50 (Automated Customer Account Transfer Service) is generally nonspecific with respect to account transfer time frames. Rule 52 (Mutual Fund Services), *section* 16 (ACAT/Transfers) is nonspecific with respect to account transfer time frames and does not require modification.

(1)Background ACATS enables members of NSCC to effect automated transfers of customer accounts among themselves. In operation since 1985, ACATS was designed to facilitate compliance with New York Stock Exchange (“NYSE”) Rule 412 and National Association of Securities Dealers (“NASD”) 5 Uniform Practice Code section 11870 that require NYSE and NASD members to use clearing agency automated customer account transfer services and to effect customer account transfers within specified time frames. ACATS has been modified over time, with its most significant redesign in 1999, to provide NSCC members with a more seamless and timely customer account transfer process. 6 5 Rule 50 (Automated Customer Account Transfer Service) is generally nonspecific with respect to account transfer time frames. Rule 52 (Mutual Fund Services), Section 16 (ACAT/Transfers) is nonspecific with respect to account transfer time frames and does not require modification. 6 The NASD is now known as The Financial Industry Regulatory Authority, Inc. (“FINRA”).

(2)Modifications NSCC, its members, the Customer Account Division of the Securities Industry and Financial Markets Association (“SIFMA”), NYSE, and NASD believe that because technology and processing has improved since the 1999 redesign additional modifications to ACATS processing can be made that will further enhance the timeliness and efficiency of customer account transfers. FINRA has submitted a comparable rule filing on behalf of the NYSE and NASD with the Commission. 7 7 Securities Exchange Act Release No. 56677 (October 19, 2007) (order approving proposed rule change) [File No. SR-FINRA-2007-005].

(a)Standard ACATS Transfers Standard ACATS transfers currently include a three business day “Request” period. The proposed change reduces the “Request” time frame from three business days to one business day. The time frame within which an account transfer may be responded to ( *i.e.* , accepted or rejected) is accordingly shortened. 8 8 In addition to changes to the “Request” period, NSCC is modifying the ACATS “Status” time frames for Request-Adjust, Request-Adjust Past, Request-Past, and Review-Error from a maximum of three business days to a maximum of one business day. Rule 50 is nonspecific with respect to these time frames.

(b)Nonstandard ACATS Transfers—Partial Transfer Receiver In a “partial transfer,” the Receiving Member (Partial Transfer Receiver or “PTR”) currently has a two business day “Request” period. The proposed change reduces the “Request” time frame from two business days to one business day. The time within which an account transfer may be responded to ( *i.e.* , accepted or rejected) is accordingly shortened. 9 9 Other non-standard transfers are: Fail reversals, reclaims and residual credits (see Rule 50, Sec. 12). PTD's do not have a “Request” status.

(c)ACATS Fund/SERV In an ACATS transfer that includes mutual fund assets, during the “Review” period the Receiving Member (or if applicable its ACATS-Fund/SERV Agent) requests the reregistration of mutual fund assets by submitting a Fund Registration input record through ACATS to the Fund Member/Mutual Fund Processor. The Fund Member/Mutual Fund Processor then has four business days to either reject or acknowledge the request. NSCC has found that the majority of Fund Member/Mutual Fund Processors act upon such requests during the first day of receipt. Therefore, NSCC is reducing the time frame for Fund Member/Mutual Fund Processors to either reject or acknowledge the request from four business days to one business day.

(3)Technical Correction to Rule 50 NSCC is also making a technical correction to Rule 50, section 13. Section 13 (which addresses Receiving Member initiated Partial Transfers) states that a Delivering Member may respond to a request at any time by following the procedure set forth in section 12. However, section 12 addresses actions taken with respect to Delivering Member initiated transactions. NSCC is correcting this text accordingly.

(4)Implementation of the Proposed Changes NSCC is coordinating implementation of the changes with FINRA and SIFMA. NSCC anticipates that implementation of the changes set forth in this rule filing will take place in October of 2007. Members will be advised of the implementation through an NSCC Important Notice. III. Discussion Section 17A(b)(3)(F) of the Act requires, among other things, that the rules of a clearing agency be designed to remove impediments to and to perfect the mechanism of a national system for prompt and accurate clearance and settlement of securities transactions. 10 By reducing the time frame for the transfer of customer accounts between NSCC members, the rule change will bring enhanced efficiency to members and will benefit investors. As such, the rule change is consistent with NSCC's statutory obligation to remove impediments to and perfect the mechanism of a national system for prompt and accurate clearance and settlement of securities transactions. 10 15 U.S.C. 78q-1(b)(3)(F). IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular section 17A of the Act and the rules and regulations thereunder. 11 11 In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, that the proposed rule change (File No. SR-NSCC-2007-13) be and hereby is approved. For the Commission by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20987 Filed 10-24-07; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION 8(a) Business Development Program Regulation Changes; Tribal Consultation AGENCY: U.S. Small Business Administration. ACTION: Notice of tribal consultation meeting. SUMMARY: The U.S. Small Business Administration

(SBA)announces that it is holding a tribal consultation meeting in Denver, Colorado on the topic of the 8(a) Business Development

(BD)program regulations. Testimony presented at this tribal consultation meeting will become part of the administrative record for SBA's consideration when the Agency deliberates on approaches to changes in the regulations pertaining to the 8(a) BD program. DATES: The Tribal Consultation meeting date is Sunday, November 11, 2007, 9 a.m. to 4 p.m. (MST), Denver, Colorado. The Tribal Consultation meeting pre-registration deadline date is November 5, 2007. ADDRESSES: 1. The Tribal Consultation meeting address is the Hyatt Regency Denver at the Colorado Convention Center, Centennial C Room, 650 15th Street, Denver, CO 80202. 2. Send pre-registration requests to attend and/or testify to Ms. Delcine Montgomery of SBA's Office of Native American Affairs, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416; or *Delcine.Montgomery@SBA.gov* ; or Facsimile to 202/481-1597. 3. Send all written comments to Mr. Joseph Loddo, Associate Administrator for Business Development, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416; *Joseph.Loddo@SBA.gov* ; or Facsimile to 202/481-2740. FOR FURTHER INFORMATION CONTACT: Delcine Montgomery, Business Development Specialist for SBA's Office of Native American Affairs, at *Delcine.Montgomery@SBA.gov* or 202/ 205-6195 or by facsimile 202/481-1597. SUPPLEMENTARY INFORMATION: Background SBA is in the process of reassessing its rules relating to the 8(a) BD program, particularly those directly affecting tribally-owned and ANC-owned 8(a) firms. 13 CFR 124.506, 124.513, and 124.519. Part of SBA's analysis pertains to a recent report issued by the Government Accountability Office

(GAO)titled “Increased Use of Alaska Native Corporations' Special 8(a) Provisions Calls for Tailored Oversight” (GAO-06-399). This GAO report concluded that SBA needs to tailor its regulations and policies to provide greater oversight over its ANCs' 8(a) procurements. GAO determined that without sufficient oversight, there is the potential for unintended consequences or abuse. In response, SBA is considering regulatory changes to the 8(a) BD program to address the issues and concerns raised in the report, particularly those relating to ANC and tribal participation in the 8(a) BD mentor/protégé program. It is SBA's intent that any changes contemplated and instituted will incorporate the business development intent and mission of the 8(a) BD program as established by the Small Business Act. This notice provides information for the purpose, format, scheduling, and registration for the tribal consultation meeting. Tribal Consultation Meeting The purpose of this tribal consultation meeting is to conform to the requirements of Executive Order 13175, Tribal Consultations; to provide interested parties with an opportunity to discuss their views on the issues; and for SBA to obtain the views of these SBA's stakeholders on approaches to the 8(a) BD program regulations. SBA considers tribal consultation meetings a valuable component of its deliberations and believes that this tribal consultation meeting will allow for constructive dialogue with the Tribal community, Tribal Leaders, Tribal Elders, elected members of Alaska Native Villages or their appointed representatives, and principals of tribally-owned and ANC-owned 8(a) firms. The format will consist of a panel of SBA representatives who will represent the Agency and moderate the discussions. Oral and written testimony will become part of the record for SBA's consideration. Written testimony may be submitted in lieu of oral testimony. SBA will analyze the testimony, both oral and written, along with any written comments received. SBA officials may ask questions of a presenter to clarify or further explain the testimony. The purpose of the tribal consultation meeting is to assist SBA with gathering information to potentially develop new proposals. SBA respectfully requests that the testimony focus on the issues as discussed in the GAO report, general issues as they pertain to the 8(a) BD program regulations and the mentor/protégé program, or the unique concerns of the tribal communities. SBA respectfully requests that presenters do not raise issues pertaining to other SBA small business programs. Presenters may provide a written copy of their testimony. SBA will accept written material that the presenter wishes to provide that further supplements his or her testimony. Electronic or digitized copies are encouraged. The tribal consultation meeting will be held for one day. The meeting will begin at 9 a.m. and end at 4 p.m. (MST), with a break from 12 p.m. to 1 p.m. SBA will adjourn early if all those scheduled have delivered their testimony. VENUE INFORMATION Location Address Date Registration closing date Denver, Colorado Hyatt Regency Denver at the Colorado Convention Center, Centennial C Room, 650 15th Street, Denver, CO 80202 November 11, 2007 November 5, 2007. Registration SBA respectfully requests that any elected or appointed representative of the tribal communities or principal of a tribally-owned or ANC-owned 8(a) firm that is interested in attending please pre-register in advance and indicate whether you would like to testify at the hearing. Registration requests should be received by SBA at least 5 business days prior to the tribal consultation meeting date. Please contact Ms. Delcine Montgomery of SBA's Office of Native American Affairs in writing at *Delcine.Montgomery@SBA.gov* or by facsimile to 202/481-1597. If you are interested in testifying please include the following information relating to the person testifying: Name, Organization affiliation, Address, Telephone number, E-mail address and Fax number. SBA will attempt to accommodate all interested parties that wish to present testimony. Based on the number of registrants it may be necessary to impose time limits to ensure that everyone who wishes to testify has the opportunity to do so. SBA will confirm in writing the registration of presenters and attendees. (Authority: 15 U.S.C. 634) Stephen D. Kong, Deputy General Counsel. [FR Doc. E7-21049 Filed 10-24-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Audit and Financial Management Advisory (AFMAC) Committee Meeting Pursuant to the Federal Advisory Committee Act, Appendix 2 of Title 5, United States Code, Public Law 92-463, notice is hereby given that the U.S. Small Business Administration, Audit and Financial Management Advisory AFMAC (Committee) will host a public meeting on Tuesday, November 6, 2007 at 1 p.m. The meeting will take place at the U.S. Small Business Administration, 409 3rd Street, SW., Office of the Chief Financial Officer Conference Room, 6th Floor, Washington, DC 20416. The purpose of the meeting is to discuss the SBA's FY 2007 Financial Statements, FY 2007 Financial and Information Systems Audits, Credit Subsidy Modeling, FMFIA Assurance and A-123 Internal Control Program Results, FY 2007 Financial Report, FY 2007 Agency Performance Report and Information Systems Controls. The AFMAC was established by the Administrator of the SBA to provide recommendation and advice regarding the Agency's financial management, including the financial reporting process, systems of internal controls, audit process and process for monitoring compliance with relevant laws and regulations. Anyone wishing to attend must contact Jennifer Main in writing or by fax. Jennifer Main, Chief Financial Officer, 409 3rd Street, SW., 6th Floor, Washington, DC 20416, phone:

(202)205-6449, fax:

(202)205-6969, e-mail: *Jennifer.Main@sba.gov.* Matthew Teague, Committee Management Officer. [FR Doc. E7-21043 Filed 10-24-07; 8:45 am] BILLING CODE 8025-01-P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2007-0081] Office of the Commissioner; Cost-of-Living Increase and Other Determinations for 2008 AGENCY: Social Security Administration. ACTION: Notice. SUMMARY: The Commissioner has determined—

(1)A 2.3 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2007;

(2)An increase in the Federal Supplemental Security Income

(SSI)monthly benefit amounts under title XVI of the Act for 2008 to $637 for an eligible individual, $956 for an eligible individual with an eligible spouse, and $319 for an essential person;

(3)The student earned income exclusion to be $1,550 per month in 2008 but not more than $6,240 in all of 2008;

(4)The dollar fee limit for services performed as a representative payee to be $35 per month ($68 per month in the case of a beneficiary who is disabled and has an alcoholism or drug addiction condition that leaves him or her incapable of managing benefits) in 2008;

(5)The dollar limit on the administrative-cost assessment charged to attorneys representing claimants to be $79 in 2008;

(6)The national average wage index for 2006 to be $38,651.41;

(7)The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base to be $102,000 for remuneration paid in 2008 and self-employment income earned in taxable years beginning in 2008;

(8)The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2008 to be $1,130 and $3,010;

(9)The dollar amounts (“bend points”) used in the primary insurance amount benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2008 to be $711 and $4,288;

(10)The dollar amounts (“bend points”) used in the formula for computing maximum family benefits for workers who become eligible for benefits, or who die before becoming eligible, in 2008 to be $909, $1,312, and $1,711;

(11)The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2008 to be $1,050;

(12)The “old-law” contribution and benefit base to be $75,900 for 2008;

(13)The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2008 to be $1,570, and the corresponding amount for non-blind disabled persons to be $940;

(14)The earnings threshold establishing a month as a part of a trial work period to be $670 for 2008; and

(15)Coverage thresholds for 2008 to be $1,600 for domestic workers and $1,400 for election workers. FOR FURTHER INFORMATION CONTACT: Jeffrey L. Kunkel, Office of the Chief Actuary, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235,

(410)965-3013. Information relating to this announcement is available on our Internet site at *http://www.socialsecurity.gov/OACT/COLA/index.html.* For information on eligibility or claiming benefits, call 1-800-772-1213, or visit our Internet site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: In accordance with the Act, the Commissioner must publish within 45 days after the close of the third calendar quarter of 2007 the benefit increase percentage and the revised table of “special minimum” benefits (section 215(i)(2)(D)). Also, the Commissioner must publish on or before November 1 the national average wage index for 2006 (section 215(a)(1)(D)), the OASDI fund ratio for 2007 (section 215(i)(2)(C)(ii)), the OASDI contribution and benefit base for 2008 (section 230(a)), the amount of earnings required to be credited with a quarter of coverage in 2008 (section 213(d)(2)), the monthly exempt amounts under the Social Security retirement earnings test for 2008 (section 203(f)(8)(A)), the formula for computing a primary insurance amount for workers who first become eligible for benefits or die in 2008 (section 215(a)(1)(D)), and the formula for computing the maximum amount of benefits payable to the family of a worker who first becomes eligible for old-age benefits or dies in 2008 (section 203(a)(2)(C)). Cost-of-Living Increases General The next cost-of-living increase, or automatic benefit increase, is 2.3 percent for benefits under titles II and XVI of the Act. Under title II, OASDI benefits will increase by 2.3 percent for individuals eligible for December 2007 benefits, payable in January 2008. This increase is based on the authority contained in section 215(i) of the Act (42 U.S.C. 415(i)). Under title XVI, Federal SSI payment levels will also increase by 2.3 percent effective for payments made for the month of January 2008 but paid on December 31, 2007. This is based on the authority contained in section 1617 of the Act (42 U.S.C. 1382f). Automatic Benefit Increase Computation Under section 215(i) of the Act, the third calendar quarter of 2007 is a cost-of-living computation quarter for all the purposes of the Act. The Commissioner is, therefore, required to increase benefits, effective for December 2007, for individuals entitled under section 227 or 228 of the Act, to increase primary insurance amounts of all other individuals entitled under title II of the Act, and to increase maximum benefits payable to a family. For December 2007, the benefit increase is the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers from the third quarter of 2006 to the third quarter of 2007. Section 215(i)(1) of the Act provides that the Consumer Price Index

(CPI)for a cost-of-living computation quarter shall be the arithmetic mean of this index for the 3 months in that quarter. In accordance with 20 CFR 404.275, we round the arithmetic mean, if necessary, to the nearest 0.001. The Department of Labor publishes CPIs to 3 decimal places. It published CPIs to 1 decimal place for months prior to January 2007. The CPI for Urban Wage Earners and Clerical Workers for each month in the quarter ending September 30, 2006, is: For July 2006, 199.2; for August 2006, 199.6; and for September 2006, 198.4. The arithmetic mean for this calendar quarter is 199.067. The corresponding CPI for each month in the quarter ending September 30, 2007, is: for July 2007, 203.700; for August 2007, 203.199; and for September 2007, 203.889. The arithmetic mean for this calendar quarter is 203.596. Thus, because the CPI for the calendar quarter ending September 30, 2007, exceeds that for the calendar quarter ending September 30, 2006 by 2.3 percent (rounded to the nearest 0.1), a cost-of-living benefit increase of 2.3 percent is effective for benefits under title II of the Act beginning December 2007. Section 215(i) also specifies that an automatic benefit increase under title II, effective for December of any year, will be limited to the increase in the national average wage index for the prior year if the “OASDI fund ratio” for that year is below 20.0 percent. The OASDI fund ratio for a year is the ratio of the combined assets of the Old-Age and Survivors Insurance and Disability Insurance Trust Funds at the beginning of that year to the combined expenditures of these funds during that year. (The expenditures in the ratio's denominator exclude transfer payments between the two trust funds, and reduce any transfers to the Railroad Retirement Account by any transfers from that account into either trust fund.) For 2007, the OASDI fund ratio is assets of $2,048,112 million divided by estimated expenditures of $593,483 million, or 345.1 percent. Because the 345.1-percent OASDI fund ratio exceeds 20.0 percent, the automatic benefit increase for December 2007 is not limited. Title II Benefit Amounts In accordance with section 215(i) of the Act, in the case of workers and family members for whom eligibility for benefits (i.e., the worker's attainment of age 62, or disability or death before age 62) occurred before 2008, benefits will increase by 2.3 percent beginning with benefits for December 2007 which are payable in January 2008. In the case of first eligibility after 2007, the 2.3 percent increase will not apply. For eligibility after 1978, benefits are generally determined using a benefit formula provided by the Social Security Amendments of 1977 (Pub. L. 95-216), as described later in this notice. For eligibility before 1979, we determine benefits by means of a benefit table. The table is available on the Internet at *http://www.socialsecurity.gov/OACT/ProgData/tableForm.html,* or by writing to: Social Security Administration, Office of Public Inquiries, Windsor Park Building, 6401 Security Boulevard, Baltimore, MD 21235. Section 215(i)(2)(D) of the Act requires that, when the Commissioner determines an automatic increase in Social Security benefits, the Commissioner will publish in the **Federal Register** a revision of the range of the primary insurance amounts and corresponding maximum family benefits based on the dollar amount and other provisions described in section 215(a)(1)(C)(i). We refer to these benefits as “special minimum” benefits. These benefits are payable to certain individuals with long periods of relatively low earnings. To qualify for such benefits, an individual must have at least 11 “years of coverage.” To earn a year of coverage for purposes of the special minimum benefit, a person must earn at least a certain proportion of the “old-law” contribution and benefit base (described later in this notice). For years before 1991, the proportion is 25 percent; for years after 1990, it is 15 percent. In accordance with section 215(a)(1)(C)(i), the table below shows the revised range of primary insurance amounts and corresponding maximum family benefit amounts after the 2.3 percent automatic benefit increase. Special Minimum Primary Insurance Amounts and Maximum Family Benefits Payable for December 2007 Number of years of coverage Primary insurance amount Maximum family benefit 11 $34.90 $53.10 12 71.00 107.50 13 107.40 161.70 14 143.30 215.60 15 179.10 269.60 16 215.40 324.10 17 251.60 378.60 18 287.70 432.60 19 323.70 486.80 20 359.90 540.70 21 396.20 595.30 22 432.00 649.40 23 468.70 704.30 24 504.70 758.10 25 540.70 811.70 26 577.40 866.90 27 613.00 920.90 28 649.20 974.90 29 685.30 1,029.40 30 721.40 1,083.00 Title XVI Benefit Amounts In accordance with section 1617 of the Act, maximum SSI Federal benefit amounts for the aged, blind, and disabled will increase by 2.3 percent effective January 2008. For 2007, we derived the monthly benefit amounts for an eligible individual, an eligible individual with an eligible spouse, and for an essential person—$623, $934, and $312, respectively—from corresponding yearly unrounded Federal SSI benefit amounts of $7,479.50, $11,217.99, and $3,748.32. For 2008, these yearly unrounded amounts increase by 2.3 percent to $7,651.53, $11,476.00, and $3,834.53, respectively. Each of these resulting amounts must be rounded, when not a multiple of $12, to the next lower multiple of $12. Accordingly, the corresponding annual amounts, effective for 2008, are $7,644, $11,472, and $3,828. Dividing the yearly amounts by 12 gives the corresponding monthly amounts for 2008—$637, $956, and $319, respectively. In the case of an eligible individual with an eligible spouse, we equally divide the amount payable between the two spouses. Title VIII of the Act provides for special benefits to certain World War II veterans residing outside the United States. Section 805 provides that “[t]he benefit under this title payable to a qualified individual for any month shall be in an amount equal to 75 percent of the Federal benefit rate [the maximum amount for an eligible individual] under title XVI for the month, reduced by the amount of the qualified individual's benefit income for the month.” Thus the monthly benefit for 2008 under this provision is 75 percent of $637, or $477.75. Student Earned Income Exclusion A blind or disabled child, who is a student regularly attending school, college, or university, or a course of vocational or technical training, can have limited earnings that are not counted against his or her SSI benefits. The maximum amount of such income that may be excluded in 2007 is $1,510 per month but not more than $6,100 in all of 2007. These amounts increase based on a formula set forth in regulation 20 CFR 416.1112. To compute each of the monthly and yearly maximum amounts for 2008, we increase the corresponding unrounded amount for 2007 by the latest cost-of-living increase. If the amount so calculated is not a multiple of $10, we round it to the nearest multiple of $10. The unrounded monthly amount for 2007 is $1,513.29. We increase this amount by 2.3 percent to $1,548.10, which we then round to $1,550. Similarly, we increase the unrounded yearly amount for 2007, $6,100.08, by 2.3 percent to $6,240.38 and round this to $6,240. Thus the maximum amount of the income exclusion applicable to a student in 2008 is $1,550 per month but not more than $6,240 in all of 2008. Fee for Services Performed as a Representative Payee Sections 205(j)(4)(A)(i) and 1631(a)(2)(D)(i) of the Act permit a qualified organization to collect from an individual a monthly fee for expenses incurred in providing services performed as such individual's representative payee. Currently the fee is limited to the lesser of:

(1)10 percent of the monthly benefit involved; or

(2)$34 per month ($66 per month in any case in which the individual is entitled to disability benefits and the Commissioner has determined that payment to the representative payee would serve the interest of the individual because the individual has an alcoholism or drug addiction condition and is incapable of managing such benefits). The dollar fee limits are subject to increase by the automatic cost-of-living increase, with the resulting amounts rounded to the nearest whole dollar amount. Thus we increase the current amounts by 2.3 percent to $35 and $68 for 2008. Attorney Assessment Fee Under sections 206(d) and 1631(d) of the Act, whenever a fee for services is required to be paid to an attorney who has represented a claimant, the Commissioner must impose on the attorney an assessment to cover administrative costs. Such assessment shall be no more than 6.3 percent of the attorney's fee or, if lower, a dollar amount that is subject to increase by the automatic cost-of-living increase. We derive the dollar limit for December 2007 by increasing the unrounded limit for December 2006, $77.47, by 2.3 percent, which gives $79.25. We then round $79.25 to the next lower multiple of $1. The dollar limit effective for December 2007 is thus $79. National Average Wage Index for 2006 General Under various provisions of the Act, several amounts increase automatically with annual increases in the national average wage index. The amounts are:

(1)The OASDI contribution and benefit base;

(2)the exempt amounts under the retirement earnings test;

(3)the dollar amounts, or “bend points,” in the primary insurance amount and maximum family benefit formulas;

(4)the amount of earnings required for a worker to be credited with a quarter of coverage;

(5)the “old-law” contribution and benefit base (as determined under section 230 of the Act as in effect before the 1977 amendments);

(6)the substantial gainful activity amount applicable to statutorily blind individuals; and

(7)the coverage threshold for election officials and election workers. Also, section 3121(x) of the Internal Revenue Code requires that the domestic employee coverage threshold be based on changes in the national average wage index. In addition to the amounts required by statute, two amounts increase automatically under regulatory requirements. The amounts are

(1)the substantial gainful activity amount applicable to non-blind disabled persons, and

(2)the monthly earnings threshold that establishes a month as part of a trial work period for disabled beneficiaries. Computation The determination of the national average wage index for calendar year 2006 is based on the 2005 national average wage index of $36,952.94 announced in the **Federal Register** on October 26, 2006 (71 FR 62636), along with the percentage increase in average wages from 2005 to 2006 measured by annual wage data tabulated by the Social Security Administration (SSA). The wage data tabulated by SSA include contributions to deferred compensation plans, as required by section 209(k) of the Act. The average amounts of wages calculated directly from these data were $35,448.93 and $37,078.27 for 2005 and 2006, respectively. To determine the national average wage index for 2006 at a level that is consistent with the national average wage indexing series for 1951 through 1977 (published December 29, 1978, at 43 FR 61016), we multiply the 2005 national average wage index of $36,952.94 by the percentage increase in average wages from 2005 to 2006 (based on SSA-tabulated wage data) as follows, with the result rounded to the nearest cent. Amount Multiplying the national average wage index for 2005 ($36,952.94) by the ratio of the average wage for 2006 ($37,078.27) to that for 2005 ($35,448.93) produces the 2006 index, $38,651.41. The national average wage index for calendar year 2006 is about 4.60 percent greater than the 2005 index. OASDI Contribution and Benefit Base General The OASDI contribution and benefit base is $102,000 for remuneration paid in 2008 and self-employment income earned in taxable years beginning in 2008. The OASDI contribution and benefit base serves two purposes:

(a)It is the maximum annual amount of earnings on which OASDI taxes are paid. The OASDI tax rate for remuneration paid in 2008 is 6.2 percent for employees and employers, each. The OASDI tax rate for self-employment income earned in taxable years beginning in 2008 is 12.4 percent. (The Hospital Insurance tax is due on remuneration, without limitation, paid in 2008, at the rate of 1.45 percent for employees and employers, each, and on self-employment income earned in taxable years beginning in 2008, at the rate of 2.9 percent.)

(b)It is the maximum annual amount of earnings used in determining a person's OASDI benefits. Computation Section 230(b) of the Act provides the formula used to determine the OASDI contribution and benefit base. Under the formula, the base for 2008 shall be the larger of:

(1)The 1994 base of $60,600 multiplied by the ratio of the national average wage index for 2006 to that for 1992; or

(2)the current base ($97,500). If the resulting amount is not a multiple of $300, it shall be rounded to the nearest multiple of $300. Amount Multiplying the 1994 OASDI contribution and benefit base amount ($60,600) by the ratio of the national average wage index for 2006 ($38,651.41 as determined above) to that for 1992 ($22,935.42) produces the amount of $102,124.81. We round this amount to $102,000. Because $102,000 exceeds the current base amount of $97,500, the OASDI contribution and benefit base is $102,000 for 2008. Retirement Earnings Test Exempt Amounts General We withhold Social Security benefits when a beneficiary under the normal retirement age

(NRA)has earnings in excess of the applicable retirement earnings test exempt amount. (NRA is the age of initial benefit entitlement for which the benefit, before rounding, is equal to the worker's primary insurance amount. The NRA is age 65 for those born before 1938, and it gradually increases to age 67.) A higher exempt amount applies in the year in which a person attains his/her NRA, but only with respect to earnings in months prior to such attainment, and a lower exempt amount applies at all other ages below NRA. Section 203(f)(8)(B) of the Act, as amended by section 102 of Public Law 104-121, provides formulas for determining the monthly exempt amounts. The corresponding annual exempt amounts are exactly 12 times the monthly amounts. For beneficiaries attaining NRA in the year, we withhold $1 in benefits for every $3 of earnings in excess of the annual exempt amount for months prior to such attainment. For all other beneficiaries under NRA, we withhold $1 in benefits for every $2 of earnings in excess of the annual exempt amount. Computation Under the formula applicable to beneficiaries who are under NRA and who will not attain NRA in 2008, the lower monthly exempt amount for 2008 shall be the larger of:

(1)The 1994 monthly exempt amount multiplied by the ratio of the national average wage index for 2006 to that for 1992; or

(2)the 2007 monthly exempt amount ($1,080). If the resulting amount is not a multiple of $10, it shall be rounded to the nearest multiple of $10. Under the formula applicable to beneficiaries attaining NRA in 2008, the higher monthly exempt amount for 2008 shall be the larger of:

(1)the 2002 monthly exempt amount multiplied by the ratio of the national average wage index for 2006 to that for 2000; or

(2)the 2007 monthly exempt amount ($2,870). If the resulting amount is not a multiple of $10, it shall be rounded to the nearest multiple of $10. Lower Exempt Amount Multiplying the 1994 retirement earnings test monthly exempt amount of $670 by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1992 ($22,935.42) produces the amount of $1,129.10. We round this to $1,130. Because $1,130 is larger than the corresponding current exempt amount of $1,080, the lower retirement earnings test monthly exempt amount is $1,130 for 2008. The corresponding lower annual exempt amount is $13,560 under the retirement earnings test. Higher Exempt Amount Multiplying the 2002 retirement earnings test monthly exempt amount of $2,500 by the ratio of the national average wage index for 2006 ($38,651.41) to that for 2000 ($32,154.82) produces the amount of $3,005.10. We round this to $3,010. Because $3,010 is larger than the corresponding current exempt amount of $2,870, the higher retirement earnings test monthly exempt amount is $3,010 for 2008. The corresponding higher annual exempt amount is $36,120 under the retirement earnings test. Computing Benefits After 1978 General The Social Security Amendments of 1977 provided a method for computing benefits which generally applies when a worker first becomes eligible for benefits after 1978. This method uses the worker's “average indexed monthly earnings” to compute the primary insurance amount. We adjust the computation formula each year to reflect changes in general wage levels, as measured by the national average wage index. We also adjust, or “index,” a worker's earnings to reflect the change in general wage levels that occurred during the worker's years of employment. Such indexation ensures that a worker's future benefit level will reflect the general rise in the standard of living that will occur during his or her working lifetime. To compute the average indexed monthly earnings, we first determine the required number of years of earnings. Then we select that number of years with the highest indexed earnings, add the indexed earnings, and divide the total amount by the total number of months in those years. We then round the resulting average amount down to the next lower dollar amount. The result is the average indexed monthly earnings. For example, to compute the average indexed monthly earnings for a worker attaining age 62, becoming disabled before age 62, or dying before attaining age 62, in 2008, we divide the national average wage index for 2006, $38,651.41, by the national average wage index for each year prior to 2006 in which the worker had earnings. Then we multiply the actual wages and self-employment income, as defined in section 211(b) of the Act and credited for each year, by the corresponding ratio to obtain the worker's indexed earnings for each year before 2006. We consider any earnings in 2006 or later at face value, without indexing. We then compute the average indexed monthly earnings for determining the worker's primary insurance amount for 2008. Computing the Primary Insurance Amount The primary insurance amount is the sum of three separate percentages of portions of the average indexed monthly earnings. In 1979 (the first year the formula was in effect), these portions were the first $180, the amount between $180 and $1,085, and the amount over $1,085. We call the dollar amounts in the formula governing the portions of the average indexed monthly earnings the “bend points” of the formula. Thus, the bend points for 1979 were $180 and $1,085. To obtain the bend points for 2008, we multiply each of the 1979 bend-point amounts by the ratio of the national average wage index for 2006 to that average for 1977. We then round these results to the nearest dollar. Multiplying the 1979 amounts of $180 and $1,085 by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1977 ($9,779.44) produces the amounts of $711.42 and $4,288.26. We round these to $711 and $4,288. Accordingly, the portions of the average indexed monthly earnings to be used in 2008 are the first $711, the amount between $711 and $4,288, and the amount over $4,288. Consequently, for individuals who first become eligible for old-age insurance benefits or disability insurance benefits in 2008, or who die in 2008 before becoming eligible for benefits, their primary insurance amount will be the sum of

(a)90 percent of the first $711 of their average indexed monthly earnings, plus

(b)32 percent of their average indexed monthly earnings over $711 and through $4,288, plus

(c)15 percent of their average indexed monthly earnings over $4,288. We round this amount to the next lower multiple of $0.10 if it is not already a multiple of $0.10. This formula and the rounding adjustment described above are contained in section 215(a) of the Act (42 U.S.C. 415(a)). Maximum Benefits Payable to a Family General The 1977 amendments continued the long established policy of limiting the total monthly benefits that a worker's family may receive based on his or her primary insurance amount. Those amendments also continued the then existing relationship between maximum family benefits and primary insurance amounts but did change the method of computing the maximum amount of benefits that may be paid to a worker's family. The Social Security Disability Amendments of 1980 (Pub. L. 96-265) established a formula for computing the maximum benefits payable to the family of a disabled worker. This formula applies to the family benefits of workers who first become entitled to disability insurance benefits after June 30, 1980, and who first become eligible for these benefits after 1978. For disabled workers initially entitled to disability benefits before July 1980, or whose disability began before 1979, we compute the family maximum payable the same as the old-age and survivor family maximum. Computing the Old-Age and Survivor Family Maximum The formula used to compute the family maximum is similar to that used to compute the primary insurance amount. It involves computing the sum of four separate percentages of portions of the worker's primary insurance amount. In 1979, these portions were the first $230, the amount between $230 and $332, the amount between $332 and $433, and the amount over $433. We refer to such dollar amounts in the formula as the “bend points” of the family-maximum formula. To obtain the bend points for 2008, we multiply each of the 1979 bend-point amounts by the ratio of the national average wage index for 2006 to that average for 1977. Then we round this amount to the nearest dollar. Multiplying the amounts of $230, $332, and $433 by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1977 ($9,779.44) produces the amounts of $909.03, $1,312.17, and $1,711.35. We round these amounts to $909, $1,312, and $1,711. Accordingly, the portions of the primary insurance amounts to be used in 2008 are the first $909, the amount between $909 and $1,312, the amount between $1,312 and $1,711, and the amount over $1,711. Consequently, for the family of a worker who becomes age 62 or dies in 2008 before age 62, we will compute the total amount of benefits payable to them so that it does not exceed

(a)150 percent of the first $909 of the worker's primary insurance amount, plus

(b)272 percent of the worker's primary insurance amount over $909 through $1,312, plus

(d)175 percent of the worker's primary insurance amount over $1,711. We then round this amount to the next lower multiple of $0.10 if it is not already a multiple of $0.10. This formula and the rounding adjustment described above are contained in section 203(a) of the Act (42 U.S.C. 403(a)). Quarter of Coverage Amount General The amount of earnings required for a quarter of coverage in 2008 is $1,050. A quarter of coverage is the basic unit for determining whether a worker is insured under the Social Security program. For years before 1978, we generally credited an individual with a quarter of coverage for each quarter in which wages of $50 or more were paid, or with 4 quarters of coverage for every taxable year in which $400 or more of self-employment income was earned. Beginning in 1978, employers generally report wages on an annual basis instead of a quarterly basis. With the change to annual reporting, section 352(b) of the Social Security Amendments of 1977 amended section 213(d) of the Act to provide that a quarter of coverage would be credited for each $250 of an individual's total wages and self-employment income for calendar year 1978, up to a maximum of 4 quarters of coverage for the year. Computation Under the prescribed formula, the quarter of coverage amount for 2008 shall be the larger of:

(1)The 1978 amount of $250 multiplied by the ratio of the national average wage index for 2006 to that for 1976; or

(2)the current amount of $1,000. Section 213(d) further provides that if the resulting amount is not a multiple of $10, it shall be rounded to the nearest multiple of $10. Quarter of Coverage Amount Multiplying the 1978 quarter of coverage amount ($250) by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1976 ($9,226.48) produces the amount of $1,047.30. We then round this amount to $1,050. Because $1,050 exceeds the current amount of $1,000, the quarter of coverage amount is $1,050 for 2008. “Old-Law” Contribution and Benefit Base General The “old-law” contribution and benefit base for 2008 is $75,900. This is the base that would have been effective under the Act without the enactment of the 1977 amendments. The “old-law” contribution and benefit base is used by:

(a)The Railroad Retirement program to determine certain tax liabilities and tier II benefits payable under that program to supplement the tier I payments which correspond to basic Social Security benefits,

(b)the Pension Benefit Guaranty Corporation to determine the maximum amount of pension guaranteed under the Employee Retirement Income Security Act (as stated in section 230(d) of the Social Security Act),

(c)Social Security to determine a year of coverage in computing the special minimum benefit, as described earlier, and

(d)Social Security to determine a year of coverage (acquired whenever earnings equal or exceed 25 percent of the “old-law” base for this purpose only) in computing benefits for persons who are also eligible to receive pensions based on employment not covered under section 210 of the Act. Computation The “old-law” contribution and benefit base shall be the larger of:

(1)The 1994 “old-law” base ($45,000) multiplied by the ratio of the national average wage index for 2006 to that for 1992; or

(2)the current “old-law” base ($72,600). If the resulting amount is not a multiple of $300, it shall be rounded to the nearest multiple of $300. Amount Multiplying the 1994 “old-law” contribution and benefit base amount ($45,000) by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1992 ($22,935.42) produces the amount of $75,835.26. We round this amount to $75,900. Because $75,900 exceeds the current amount of $72,600, the “old-law” contribution and benefit base is $75,900 for 2008. Substantial Gainful Activity Amounts General A finding of disability under titles II and XVI of the Act requires that a person, except for a title XVI disabled child, be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person's disability. Section 223(d)(4)(A) of the Act specifies a higher SGA amount for statutorily blind individuals under title II while Federal regulations (20 CFR 404.1574 and 416.974) specify a lower SGA amount for non-blind individuals. Both SGA amounts increase in accordance with increases in the national average wage index. Computation The monthly SGA amount for statutorily blind individuals under title II for 2008 shall be the larger of:

(1)Such amount for 1994 multiplied by the ratio of the national average wage index for 2006 to that for 1992; or

(2)such amount for 2007. The monthly SGA amount for non-blind disabled individuals for 2008 shall be the larger of:

(1)Such amount for 2000 multiplied by the ratio of the national average wage index for 2006 to that for 1998; or

(2)such amount for 2007. In either case, if the resulting amount is not a multiple of $10, it shall be rounded to the nearest multiple of $10. SGA Amount for Statutorily Blind Individuals Multiplying the 1994 monthly SGA amount for statutorily blind individuals ($930) by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1992 ($22,935.42) produces the amount of $1,567.26. We then round this amount to $1,570. Because $1,570 is larger than the current amount of $1,500, the monthly SGA amount for statutorily blind individuals is $1,570 for 2008. SGA Amount for Non-Blind Disabled Individuals Multiplying the 2000 monthly SGA amount for non-blind individuals ($700) by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1998 ($28,861.44) produces the amount of $937.44. We then round this amount to $940. Because $940 is larger than the current amount of $900, the monthly SGA amount for non-blind disabled individuals is $940 for 2008. Trial Work Period Earnings Threshold General During a trial work period, a beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. We do not consider services performed during the trial work period as showing that the disability has ended until services have been performed in at least 9 months (not necessarily consecutive) in a rolling 60-month period. In 2007, any month in which earnings exceed $640 is considered a month of services for an individual's trial work period. In 2008, this monthly amount increases to $670. Computation The method used to determine the new amount is set forth in our regulations at 20 CFR 404.1592(b). Monthly earnings in 2008, used to determine whether a month is part of a trial work period, is such amount for 2001 ($530) multiplied by the ratio of the national average wage index for 2006 to that for 1999, or, if larger, such amount for 2007. If the amount so calculated is not a multiple of $10, we round it to the nearest multiple of $10. Amount Multiplying the 2001 monthly earnings threshold ($530) by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1999 ($30,469.84) produces the amount of $672.31. We then round this amount to $670. Because $670 is larger than the current amount of $640, the monthly earnings threshold is $670 for 2008. Domestic Employee Coverage Threshold General The minimum amount a domestic worker must earn so that such earnings are covered under Social Security or Medicare is the domestic employee coverage threshold. For 2008, this threshold is $1,600. Section 3121(x) of the Internal Revenue Code provides the formula for increasing the threshold. Computation Under the formula, the domestic employee coverage threshold amount for 2008 shall be equal to the 1995 amount of $1,000 multiplied by the ratio of the national average wage index for 2006 to that for 1993. If the resulting amount is not a multiple of $100, it shall be rounded to the next lower multiple of $100. Domestic Employee Coverage Threshold Amount Multiplying the 1995 domestic employee coverage threshold amount ($1,000) by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1993 ($23,132.67) produces the amount of $1,670.86. We then round this amount to $1,600. Accordingly, the domestic employee coverage threshold amount is $1,600 for 2008. Election Worker Coverage Threshold General The minimum amount an election worker must earn so that such earnings are covered under Social Security or Medicare is the election worker coverage threshold. For 2008, this threshold is $1,400. Section 218(c)(8)(B) of the Act provides the formula for increasing the threshold. Computation Under the formula, the election worker coverage threshold amount for 2008 shall be equal to the 1999 amount of $1,000 multiplied by the ratio of the national average wage index for 2006 to that for 1997. If the amount so determined is not a multiple of $100, it shall be rounded to the nearest multiple of $100. Election Worker Coverage Threshold Amount Multiplying the 1999 election worker coverage threshold amount ($1,000) by the ratio of the national average wage index for 2006 ($38,651.41) to that for 1997 ($27,426.00) produces the amount of $1,409.30. We then round this amount to $1,400. Accordingly, the election worker coverage threshold amount is $1,400 for 2008. (Catalog of Federal Domestic Assistance: Program Nos. 96.001 Social Security—Disability Insurance; 96.002 Social Security—Retirement Insurance; 96.004 Social Security—Survivors Insurance; 96.006 Supplemental Security Income). Dated: October 19, 2007. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E7-21070 Filed 10-24-07; 8:45 am] BILLING CODE 4191-02-P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2007-0083] Notice of Senior Executive Service Performance Review Board Membership AGENCY: Social Security Administration. Title 5, U.S. Code 4314(c)(4), requires that the appointment of Performance Review Board members be published in the **Federal Register** before service on said Board begins. The following persons will serve on the Performance Review Board, which oversees the evaluation of performance appraisals of Senior Executive Service members of the Social Security Administration: JoEllen Felice*, Rogelio Gomez, Pete Herrera*, Lewis Kaiser*, Eileen McDaniel*, Marcia Mosley*, Gregory Pace, Ronald Raborg, Ramona Schuenemeyer*, Donna Siegel, Roy Snyder*, Tom Tobin, Tina Waddell*. *New Member. Dated: October 18, 2007. Reginald F. Wells, Deputy Commissioner for Human Resources. [FR Doc. E7-21066 Filed 10-24-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 5974] 60-Day Notice of Proposed Information Collection: DS 4053, Department of State Mentor-Protégé Program Application, OMB 1405-0161 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget

(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. *Title of Information Collection:* Department of State Mentor-Protégé Program Application. *OMB Control Number:* OMB 1405-0161. *Type of Request:* Extension of a Currently Approved Collection. *Originating Office:* Bureau of Administration, Office of Small and Disadvantaged Business Utilization—A/SDBU. *Form Number:* DS-4053. *Respondents:* Small and large for-profit companies planning to team together in an official mentor-protégé capacity to improve the likelihood of winning DOS contracts. *Estimated Number of Respondents:* 14 respondents per year. *Estimated Number of Responses:* 14 per year. *Average Hours Per Response:* 21. *Total Estimated Burden:* 294. *Frequency:* On occasion. *Obligation to Respond:* Required to Obtain Benefit. DATES: The Department will accept comments from the public up to 60 days from October 25, 2007. ADDRESSES: You may submit comments by any of the following methods: • *E-mail: culbrethpb@state.gov.* • *Mail (paper, disk, or CD-ROM submissions* ): A/SDBU, Patricia Culbreth, SA-6, Room L-500, Washington, DC 20522-0602. • *Fax:* 703-875-6825. • *Hand Delivery or Courier:* 1701 North Ft. Myer Drive, Arlington, Virginia 22209. You must include the DS form number, information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Patricia Culbreth, A/SDBU, Patricia Culbreth, SA-6, Room L-500, Washington, DC 20522-0602 who may be reached on 703-875-6881. E-mail: *culbrethpb@state.gov.* SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. *Abstract of proposed collection:* This information collection facilitates continuation of a mentor-protégé program that encourages business agreements between small and large for-profit companies planning to team together in an official mentor-protégé capacity to improve the likelihood of winning DOS contracts. This program assists the State Department OSDBU office in reaching its small business goals. *Methodology:* Respondents may submit the information by e-mail using DS-4053, or by letter using fax or postal mail. *Additional Information:* None. Dated: October 10, 2007. Gregory N. Mayberry, Operations Director, Office of Small and Disadvantaged Business Utilization, Department of State. [FR Doc. E7-21044 Filed 10-24-07; 8:45 am] BILLING CODE 4710-24-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Cessation of Printing and Hard Copy Distribution of Advisory Circulars Issued by the Aircraft Certification Service AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of cessation of printing and hard copy distribution of advisory circulars

(AC)issued by the Aircraft Certification Service. SUMMARY: This notice announces the cessation of printing and distribution of advisory circulars issued by the Aircraft Certification Service. Technology currently allows advisory circulars to be posted to a public Web site, the Regulator and Guidance Library, *http://rgl.faa.gov/* for easy public access. Because of this easy public access, the Aircraft Certification Service determined that it is no longer necessary to print and distribute a hard copy of advisory circulars as it has done in the past. This will not only make it easier for the public to have access to advisory circulars issued by the Aircraft Certification Service almost immediately upon issuance, it will also result in a cost savings. DATES: This cessation of printing and distribution of advisory circulars issued by the Aircraft Certification Service is effective October 1, 2007. FOR FURTHER INFORMATION CONTACT: Roberta Katson, Acting Manager, Planning and Program Management Division, AIR-500, FAA, 800 Independence Avenue, SW., Washington, DC 20591, phone: 202-493-4633, e-mail: *roberta.katson@faa.gov.* SUPPLEMENTARY INFORMATION: Background In the past, the only way for the public to see advisory circulars issued by the Aircraft Certification Service was to receive a printed copy in the mail. The FAA provided means for anyone in the public to be placed on a mailing list to receive (or have the opportunity to purchase, if the advisory circular was larger than a certain size) copies of these documents. Technology now allows us to make advisory circulars immediately available to the public upon issuance, via an easily-accessible Web site, the Regulatory and Guidance Library, *http://rgl.faa.gov.* Because of the ease of access of this Web site, and because not printing our advisory circulars would be a cost-saving measure for the government, we decided to cease printing advisory circulars issued by the Aircraft Certification Service of the FAA, effective October 1, 2007. Issued in Washington, DC on October 15, 2007. Dorenda D. Baker, Deputy Director, Aircraft Certification Service. [FR Doc. 07-5263 Filed 10-24-07; 8:45 am]

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