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Code · REGISTER · 2007-10-30 · Office of the United States Trade Representative · Notices

Notices. Notice

14,007 words·~64 min read·/register/2007/10/30/07-5380

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BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS350] WTO Dispute Settlement Proceeding Regarding Measures Related to Zeroing and Certain Investigations, Administrative Reviews and Sunset Reviews Involving Products From the European Communities; Notice of Opportunity To View Non-Confidential Session of Dispute Settlement Panel's First Meeting With the Parties AGENCY: Office of the United States Trade Representative. ACTION: Notice. SUMMARY:
The Office of the United States Trade Representative (“USTR”) is providing notice that members of the public have an opportunity to view the non-confidential session of the substantive meetings of the Panel in the World Trade Organization (“WTO”) dispute *United States—Continued Existence and Application of Zeroing Methodology* (WT/DS350). Further information about the dispute is available on the USTR Web site (including copies of the submissions filed by the United States at *http://www.ustr.gov/Trade_Agreements/Monitoring_Enforcement/Dispute_Settlement/WTO/Dispute_Settlement_Index_-_Pending.html* ) and on the WTO Web site at *http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds350_e.htm* .
The first meeting is scheduled to begin on November 27, 2007 and the second meeting is scheduled to begin on February 26, 2008. At each session, parties will make their opening statement and may pose questions or make comments on the other party's statement. The Panel may pose any questions or make any comments during the session. The questions and comments will not include, or refer to, business confidential information (“BCI”). To the extent that the Panel or either of the parties considers it necessary, after the public session, the Panel will proceed to a confidential session during which the parties will be allowed to make additional statements or comments and pose questions that involve BCI.
Each non-confidential session will be shown via a real-time closed-circuit television broadcast to a separate viewing room. The public viewing will be held at the World Trade Organization, Centre William Rappard, Rue de Lausanne 154, CH-1211 Geneva 21, Switzerland. USTR invites any person interested in viewing the non-confidential session to so inform USTR by e-mail at *rsvp-DS350@ustr.eop.gov* . USTR urges that the request be made as soon as possible and in any event no later than November 16, 2007 for the first meeting and February 13, 2008 for the second meeting.
Requests will be forwarded to the WTO. Each request should indicate the person's full name, contact information (full address, phone, and e-mail), organization (if any), and nationality, and whether the person has made any other request to view the session (such as a request directly to the WTO or to the other party to the dispute, the European Communities). FOR FURTHER INFORMATION CONTACT: Ronald J. Baumgarten, Jr., Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508,
(202)395-9583. Daniel E. Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E7-21331 Filed 10-29-07; 8:45 am] BILLING CODE 3190-W8-P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request *Upon Written Request, Copies Available From:* Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213. *Extension:* Rule 206(4)-7, SEC File No. 270-523, OMB Control No. 3235-0585. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. The title for the collection of information is “Investment Advisers Act rule 206(4)-7 (17 CFR 275.206(4)-7), Compliance procedures and practices.” Rule 206(4)-7 requires each investment adviser registered with the Commission to
(i)adopt and implement internal compliance policies and procedures,
(ii)review those policies and procedures annually,
(iii)designate a chief compliance officer, and
(iv)maintain certain compliance records. The rule is designed to protect investors by fostering better compliance with the securities laws. The collection of information under rule 206(4)-7 is necessary to assure that investment advisers maintain comprehensive internal programs that promote the advisers' compliance with the Advisers Act. The information collected under this rule may also assist Commission staff in assessing investment advisers' compliance programs. This collection of information is mandatory. The information collected pursuant to the rule 206(4)-7 is reviewed by the Commission's examination staff. It will be accorded the same level of confidentiality accorded to other responses provided to the Commission in the context of its examination and oversight program. The respondents are investment advisers registered with the Commission. Our latest data indicate that there were 10,817 advisers registered with the Commission as of September 30, 2007. The Commission has estimated that compliance with rule 206(4)-7 imposes a burden of approximately 80 hours per respondent. Based on this figure, the Commission estimates a total annual burden of 865,360 hours for this documentation of information. Written comments are invited on:
(a)Whether the documentation of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: *PRA_Mailbox@sec.gov* . Dated: October 24, 2007. Nancy M. Morris, Secretary. [FR Doc. E7-21282 Filed 10-29-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request *Upon Written Request, Copies Available From:* Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213. *Extension:* Rule 206(4)-3, SEC File No. 270-218, OMB Control No. 3235-0242. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 206(4)-3 (17 CFR 275.206(4)-3), which is entitled “Cash Payments for Client Solicitations,” provides restrictions on cash payments for client solicitations. The rule requires that an adviser pay all solicitors' fees pursuant to a written agreement. When an adviser will provide only impersonal advisory services to the prospective client, the rule imposes no disclosure requirements. When the solicitor is affiliated with the adviser and the adviser will provide individualized services, the solicitor must, at the time of the solicitation, indicate to prospective clients that he is affiliated with the adviser. When the solicitor is not affiliated with the adviser and the adviser will provide individualized services, the solicitor must, at the time of the solicitation, provide the prospective client with a copy of the adviser's brochure and a disclosure document containing information specified in rule 206(4)-3. The information rule 206(4)-3 requires is necessary to inform advisory clients about the nature of the solicitor's financial interest in the recommendation so they may consider the solicitor's potential bias, and to protect investors against solicitation activities being carried out in a manner inconsistent with the adviser's fiduciary duty to clients. Rule 206(4)-3 is applicable to all Commission registered investment advisers. The Commission believes that approximately 2,163 of these advisers have cash referral fee arrangements. The rule requires approximately 7.04 burden hours per year per adviser and results in a total of approximately 15,228 total burden hours (7.04 × 2,163) for all advisers. Written comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of the burden of the collection of information;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA, 22312; or send an e-mail to: *PRA_Mailbox@sec.gov* . Dated: October 24, 2007. Nancy M. Morris, Secretary. [FR Doc. E7-21283 Filed 10-29-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56694; File No. SR-ISE-2007-61] Self-Regulatory Organizations; International Securities Exchange, LLC; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating to Specific Performance Commitments for Primary Market Makers October 24, 2007. On July 17, 2007, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to amend its Rule 802(b)(2) regarding specific performance commitments for Primary Market Makers (“PMMs”). On September 10, 2007, ISE filed Amendment No. 1 to the proposed rule change. The proposed rule change, as modified by Amendment No. 1, was published for comment in the **Federal Register** on September 19, 2007. 3 The Commission received no comments on the proposal. This order approves the proposed rule change, as modified by Amendment No. 1. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 56383 (September 11, 2007), 72 FR 53612. I. Description of the Proposal Currently, ISE Rule 802(b)(2) requires PMMs to submit specific performance commitments each time they request an allocation of options on indices, foreign currency options and Fund Shares (collectively, “Index-Based Products”). The initial rationale behind adopting a requirement on PMMs to submit proposed performance commitments for allocations of options on new Index-Based Products was to require a stronger commitment for certain competitive products like exchange-traded funds and indices and to assist the Exchange's Allocation Committee when choosing between PMMs seeking the same product. The Exchange now believes that its rule is overbroad and may actually discourage some PMMs from seeking allocations of options on Index-Based Products. Therefore, ISE is proposing to amend the rule to provide that specific performance commitments need only be submitted in response to a request by the Exchange, thereby eliminating their submission as a uniform requirement each time a PMM seeks a new allocation of options in Index-Based Products. 4 4 ISE notes that modifying this requirement will not affect a PMM's other obligations as a market maker on the Exchange under Chapter 8 of ISE's Rules. II. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 5 Specifically, the Commission finds that the proposal is consistent with Section 6(b)(5) of the Act, 6 which requires that an exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission believes that the proposed amendment of ISE Rule 802(b)(2) will encourage PMMs to seek allocations of products on the Exchange, and thereby remove impediments to and perfect the mechanism for a free and open market. Further, the Exchange will continue to evaluate performance standards of its market makers pursuant to existing practice. The proposed rule also allows the Exchange to require the submission of specific performance commitments from a PMM seeking a new allocation as the Exchange in its discretion deems appropriate. Accordingly, the Commission finds that the proposal promotes just and equitable principles of trade and protects investors and the public interest. 5 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b)(5). III. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SR-ISE-Phlx-2007-61), as modified by Amendment No. 1, be, and hereby is, approved. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 7 7 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-21285 Filed 10-29-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56697; File No. SR-NYSE-2007-90] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend the Fee Charged to Member Organizations for Participation in the Exchange's Continuing Education Program October 24, 2007. Pursuant to section 19(b)(1) 1 of the Securities Exchange Act of 1934 (“Act”), and Rule 19b-4 thereunder, 2 notice is hereby given that on October 1, 2007, New York Stock Exchange LLC (“NYSE” 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 NYSE. The Exchange has designated the proposed rule change as establishing or changing a due, fee, or other charge applicable only to members, pursuant to section (b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. On October 19, 2007, the Exchange submitted Amendment No. 1 to the proposed rule change. 5 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4(f)(2). 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). 5 In Amendment No. 1, the Exchange made clarifying, non-substantive changes to the filing. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NYSE proposes to amend, effective October 1, 2007, the fees charged for the Continuing Education Program for Active Floor Members from a $100 semi-annual participation fee, plus an additional $100 fee to re-register for additional sessions, to a flat $50 fee per training module. The text of the proposed rule change is available on NYSE's Web site at *http://www.nyse.com,* at NYSE, 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, NYSE 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. NYSE has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend, effective October 1, 2007, the fees charged for the Continuing Education Program for Active Floor Members from a $100 semi-annual participation fee, plus an additional $100 fee to re-register for additional sessions, to a flat $50 fee per training module. The Exchange is proposing this change to reflect the changes being implemented in the delivery of such program. As required by NYSE Rule 103A, the Exchange provides Floor members with a mandatory continuing education program, known as the Floor Member Continuing Education Program (“FMCE Program”). The Exchange has been offering the FMCE Program in two training sessions per year. Members could complete such training at an on-site computer training laboratory only. As set forth in the current Price List, members were charged for each time they visited the lab to take a session of FMCE training. Accordingly, the minimum fees charged to members for such training was $200 per year, but could increase in $100 increments if a member was unable to complete a session in a single visit. Beginning in October 2007, the Exchange will be offering the FMCE Program via a web-based interactive program that members can access from an Internet-capable computer. 6 Because of the web-based nature of this delivery method, members will no longer need to visit an on-site laboratory to complete their FMCE Program requirements. Accordingly, the current billing structure, which is based on when a member visits the on-site laboratory, is no longer applicable. 6 A number of factors impact the actual launch of the web-based FMCE Program, however, NYSE Regulation anticipates going live with the program sometime in October. In anticipation of the launch of the redesigned FMCE Program, NYSE closed its on-site laboratory. Accordingly, there is no possibility that pending the launch of the web-based program, a member will be charged under the prior pricing scheme. NYSE is filing this fee amendment in advance of the launch to ensure that the fee structure for the new, web-based program is in effect as of the first date that the new FMCE Program is available to members. To reflect the delivery method of the revised, web-based FMCE Program, the Exchange proposes charging members a flat $50 fee for each training module offered. The Exchange anticipates issuing approximately six training modules per year. This number may vary depending on changes in rules and regulations that may warrant either more or less training per year. 7 7 In addition to this fee filing, NYSE is submitting a proposed rule change to amend NYSE Rule 103A to reflect the administrative changes to the delivery of the FMCE program. For this flat fee, members will have the capability to access the FMCE Program during their own time and from their own computers. Unlike the prior delivery method, members will also be able to stop and start a training module at any point and return to a module once completed without any additional charge. In addition, the Exchange is providing member organization compliance officers with access to the FMCE Program at no charge to the firms so that compliance officers may monitor their members' compliance with the FMCE Program. Again, this is a benefit that was not previously available to firms under the prior FMCE Program delivery method. 2. Statutory Basis NYSE believes that the proposed rule change is consistent with the provisions of section 6 8 of the Act in general and section 6(b)(4) of the Act 9 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. 8 15 U.S.C. 78f. 9 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition NYSE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purpose of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change is effective upon filing pursuant to section 19(b)(3)(A)(ii) 10 of the Act and subparagraph (f)(2) of Rule 19b-4 11 thereunder, because it establishes a due, fee, or other charge imposed by NYSE, applicable only to members. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2007-90 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-90. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of 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-NYSE-2007-90 and should be submitted on or before November 20, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-21284 Filed 10-29-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56695; File No. SR-NYSEArca-2007-111] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of a Proposed Rule Change Relating to the Listing and Trading of Shares of the HealthShares TM Ophthalmology Exchange-Traded Fund October 24, 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 October 19, 2007, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared substantially by the Exchange (“Exchange Proposal”). This order provides notice of the proposed rule change and approves the proposed rule change on an accelerated basis. 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 list and trade shares of the HealthShares TM Ophthalmology Exchange-Traded Fund (the “Fund”). 3 The text of the proposal is available at the Exchange, the Commission's Public Reference Room, and *www.nyse.com.* 3 The Fund is registered under the Investment Company Act of 1940 (the “1940 Act”). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below, and the most significant aspects of such statements are set forth in Sections A, B, and C below. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to list and trade the shares of the Fund (the “Shares”), which is based on the HealthShares TM Ophthalmology Index (the “Underlying Index”), under NYSE Arca Equities Rule 5.2(j)(3). NYSE Arca Equities Rule 5.2(j)(3) states that the Exchange may consider for trading, whether by listing or pursuant to unlisted trading privileges (“UTP”), Investment Company Units. 4 The Fund is currently listed on the New York Stock Exchange LLC (“NYSE”) and trades on NYSE Arca pursuant to UTP. 5 HealthShares, Inc. (the “Corporation”) has determined to transfer the listing of the Fund Shares to the Exchange. 6 4 NYSE Arca Equities Rule 5.2(j)(3) defines an Investment Company Unit as a security that represents an interest in a registered investment company that could be organized as a unit investment trust, an open-end management investment company, or a similar entity. 5 The Exchange states that the Fund Shares were listed on NYSE on March 12, 2007 pursuant to the “generic” listing criteria contained in Section 703.16(C) of the NYSE Listed Company Manual, which permits the listing of Investment Company Units pursuant to Rule 19b-4(e) under the Act (17 CFR 240.19b-4(e)). NYSE Arca further represents that the Fund Shares commenced trading on the Exchange pursuant to UTP under the generic listing criteria contained in NYSE Arca Equities Rule 5.2(j)(3) applicable to Investment Company Units and Rule 19b-4(e) under the Act on the first day the Fund Shares launched for trading on NYSE. E-mail from Tim Malinowski, Director, Exchange Traded Funds, NYSE Group, Inc., to Edward Cho, Special Counsel, Division of Market Regulation, Commission, dated October 23, 2007 (“Exchange Confirmation”). 6 The Exchange represents that, except for Commentary .01(B)(2) to NYSE Arca Equities Rule 5.2(j)(3), the Fund Shares currently satisfy all of the generic listing standards under NYSE Arca Equities Rule 5.2(j)(3). *See* Exchange Confirmation. Commentary .01(B)(2) to NYSE Arca Equities Rule 5.2(j)(3) requires that component stocks that, in the aggregate, account for at least 90% of the weight of the Underlying Index or portfolio, must each have a minimum worldwide trading volume during each of the last six months of at least 250,000 shares. The Exchange states that, as of October 1, 2007, those component stocks comprising the Underlying Index that individually exceed the minimum worldwide monthly trading volume of 250,000 shares during each of the last six months account, in the aggregate, for only 88.2 % of the weight of the Underlying Index ( *i.e.* , 1.8% below the required 90% requirement). Therefore, NYSE Arca has filed the instant proposed rule change to obtain Commission approval to list and trade the Shares on the Exchange pursuant to Section 19(b)(2) of the Act (15 U.S.C. 78s(b)(1)) and Rule 19b-4 thereunder (17 CFR 240.19b-4). The Exchange further represents that the continued listing standards under NYSE Arca Equities Rule 5.5(g)(2) applicable to Investment Company Units shall apply to the Fund Shares. *See* Exchange Confirmation. The Fund, which can invest in both U.S. securities and non-U.S. securities not listed on a national securities exchange, seeks to track the performance, before fees and expenses, of the Underlying Index. XShares Advisors, LLC, the investment adviser to the Fund (“Advisor”), uses a passive, or indexing, approach in managing the Fund, investing at least 90% of its assets in the common stocks of Ophthalmology companies in the Underlying Index, or in American Depositary Receipts (“ADRs”) or Global Depositary Receipts (“GDRs”) based on securities of international Ophthalmology companies in the Underlying Index. The Fund may also invest up to 10% of its assets in futures contracts, options on futures contracts, options, swaps on securities of companies in the Underlying Index, as well as cash and cash equivalents, such as money market instruments (subject to applicable limitations of the 1940 Act). The Fund attempts to replicate the Underlying Index by matching the weighting of securities in its portfolio with such securities' weightings in the Underlying Index. 7 In managing the Fund, the Advisor seeks a correlation of 0.95 or better between the Fund's performance and the performance of its Underlying Index. A figure of 1.00 would mean perfect correlation. 7 The Exchange states that, from time to time, it may not be possible, for regulatory or other legal reasons, to replicate the Underlying Index, and in such cases, the Advisor may pursue a sampling strategy in managing the portfolio. Pursuant to this strategy, the Fund may invest the remainder of its assets in securities of companies not included in the Underlying Index if the Advisor believes that such securities will assist the Fund in tracking the Underlying Index. If a Fund pursues a sampling strategy, it will continue to invest at least 90% of its assets in the common stocks, ADRs, or GDRs of the companies in the Underlying Index. Detailed descriptions of the Fund, the Underlying Index (including the methodology used to determine the composition of the Underlying Index), procedures and payment requirements for creating and redeeming Shares, transaction fees and expenses, dividends, distributions, taxes, reports to be distributed to beneficial owners of the Shares, availability of information regarding the Shares, calculation and dissemination of key values ( *i.e.* , Intraday Indicative Value, Underlying Index value, and net asset value or “NAV”), trading rules and halts, surveillance, and the Information Bulletin can be found in the Exchange Proposal, the Corporation's Internet Web site ( *www.healthsharesinc.com* ), and/or in the Fund's Registration Statement, 8 as applicable. 8 *See* Registration Statement on Form N-1A, filed February 14, 2006 (Securities Act File No. 333-131842 and Investment Company File No. 811-21855), and amendments thereto filed with the Commission. 2. Statutory Basis 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 prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market. 9 15 U.S.C. 78f. 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 would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited for nor received any written comments on the proposed rule change. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2007-111 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2007-111. 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 ( *www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of 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-NYSEArca-2007-111 and should be submitted on or before November 20, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 11 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 12 which requires that the rules of an exchange be designed, among other things, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 11 In approving this rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 12 15 U.S.C. 78f(b)(5). Although NYSE Arca Equities Rule 5.2(j)(3) permits the Exchange to either originally list and trade Investment Company Units or trade Investment Company Units pursuant to UTP, the Shares do not meet the generic listing requirements of NYSE Arca Equities Rule 5.2(j)(3), which permit the listing and trading of such securities in reliance upon Rule 19b-4(e) under the Act, 13 because the components of the Underlying Index do not meet the requirements of Commentary .01(B)(2) to NYSE Arca Equities Rule 5.2(j)(3). 14 Commentary .01(B)(2) to NYSE Arca Equities Rule 5.2(j)(3) requires that, upon the initial listing of any series of Investment Company Units pursuant to Rule 19b-4(e) under the Act, component stocks that, in the aggregate, account for at least 90% of the weight of the Underlying Index or portfolio, must each have a minimum worldwide trading volume during each of the last six months of at least 250,000 shares. The Exchange states that, as of October 1, 2007, those component stocks comprising the Underlying Index that individually exceed the minimum worldwide monthly trading volume of 250,000 shares during each of the last six months account, in the aggregate, for only 88.2 % of the weight of the Underlying Index. Because such percentage misses the minimum required threshold by approximately 1.8%, the Shares cannot be listed and traded pursuant to the generic listing standards of NYSE Arca Equities Rule 5.2(j)(3). 13 17 CFR 240.19b-4(e). 14 *See supra* note 6. The Commission believes, however, that the listing and trading of the Shares would be consistent with the Act. The Commission notes that, based on the Exchange's representations, the Fund Shares otherwise meet all of the other applicable generic listing standards under NYSE Arca Equities Rule 5.2(j)(3). 15 The Commission further notes that it has previously approved the listing and trading of derivative securities products based on indices that were composed of stocks that did not meet certain quantitative generic listing criteria by only a slight margin. 16 The Commission also notes that the Fund Shares are currently already trading on the Exchange pursuant to UTP and are substantially similar in structure and operation to other shares of HealthShares TM exchange-traded funds, the shares of which are currently listed and traded on the Exchange. 17 15 *See id.* 16 *See* Securities Exchange Act Release Nos. 55953 (June 25, 2007), 72 FR 36084 (July 2, 2007) (SR-NYSE-2007-46) (approving the listing and trading of shares of the HealthShares TM Orthopedic Repair exchange-traded fund where the component stocks comprising the index that individually exceeded the minimum worldwide monthly trading volume of 250,000 shares during each of the last six months accounted, in the aggregate, for 86.2 % of the weight of the index); 55699 (May 3, 2007), 72 FR 26435 (May 9, 2007) (SR-NYSEArca-2007-27) (approving the listing and trading of shares of the iShares FTSE NAREIT Residential Index Fund where the weighting of the five highest components of the underlying index was marginally higher than that allowed by NYSE Arca, Inc.'s relevant generic listing standards); and 52826 (November 22, 2005), 70 FR 71874 (November 30, 2005) (SR-NYSEArca-2005-67) (approving the listing and trading of shares of the iShares Dow Jones U.S. Energy Sector Index Fund and the iShares Dow Jones U.S. Telecommunications Sector Index Fund where the weightings of the most heavily weighted component stock and the five highest components of the underlying indexes, respectively, were higher than that required by NYSE Arca, Inc.'s relevant generic listing standards). *See also* Securities Exchange Act Release No. 46306 (August 2, 2002), 67 FR 51916 (August 9, 2002) (SR-NYSE-2002-28) (approving the trading pursuant to unlisted trading priveleges of shares of Vanguard Total Stock Market VIPERs, iShares Russell 2000 Index Funds, iShares Russell 2000 Value Index Funds, and iShares Russell 2000 Growth Funds, none of which met the trading volume requirement of the relevant generic listing criteria for NYSE). 17 *See* Exchange Confirmation, *supra* note 5 (noting that the shares of other HealthShares TM exchange-traded funds are listed and traded on the Exchange pursuant to Rule 19b-4(e) under the Act because they meet the generic listing standards under NYSE Arca Equities Rule 5.2(j)(3)). *See* 17 CFR 240.19b-4(e). The Commission further believes that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 18 which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. Quotations and last-sale information for the Shares will be disseminated through the facilities of the Consolidated Tape Association (“CT”). 19 In addition, the Exchange will disseminate through CT or a major market data vendor an amount per Share referred to as the Intraday Indicative Value at least every 15 seconds during Exchange trading hours. 20 The value of the Underlying Index will be updated intra-day on a real time basis as individual component securities change in price and will be disseminated at least every 15 seconds during the Exchange's Core Trading Session by one or more major market data vendors. 21 In addition, the value of the Underlying Index will be disseminated by one or more major market data vendors once each trading day based on closing prices in the relevant exchange market. The NAV for the Fund is calculated by BNY Asset Management between 4:30 p.m. and 6:30 p.m. ET each trading day and disseminates such value to all market participants at the same time. The updated NAV is available on the Corporation's Web site at the same time that the NAV is made available to market participants. The Corporation's Web site also includes:
(1)The Fund's Prospectus and Statement of Additional Information;
(2)information regarding the Underlying Index;
(3)the prior business day's NAV;
(4)the mid-point of the bid-ask spread at the time of calculation of the NAV (the “Bid/Ask Price”);
(5)a calculation of the premium or discount the Bid/Ask Price at the time of calculation of the NAV against such NAV;
(6)the component securities of the Underlying Index;
(7)and a description of the methodologies used in determining the composition of the Underlying Index and certain computations. Finally, the closing prices of the Fund's Deposit Securities 22 are readily available from, as applicable, the relevant exchange, automated quotation systems, published or other public sources, or on-line information services that are major market data vendors. Similarly, information regarding market prices and volume of the Shares is broadly available on a real-time basis throughout the trading day. 18 15 U.S.C. 78k-1(a)(1)(C)(iii). 19 *See* Exchange Confirmation, *supra* note 5 (confirming the information regarding the Shares to be disseminated through CT). 20 *See* NYSE Arca Equities Rule 7.34 (providing for an Opening, Core, and Late Trading Session, from 4:00 a.m. to 8:00 p.m. Eastern Time or “ET”). 21 The Exchange states that the official index sponsors for the Underlying Index currently do not calculate an updated Underlying Index value during the Exchange's Opening and Late Trading Sessions. *See* Exchange Confirmation, *supra* note 5 (confirming when the updated value of the Underlying Index is calculated and disseminated). However, if the index sponsors do so in the future, the Exchange represents that it would not trade this product unless such official Underlying Index value is widely disseminated. 22 “Deposit Securities” is defined as the basket of stocks that are part of the Fund's Underlying Index and deposited with the Corporation by participants for purposes of purchasing a group of a fixed number of Shares, also known as a “Creation Unit.” The Commission finds that the Exchange's proposed rules and procedures for trading of the Shares are consistent with the Act. The Shares will trade as equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. The Commission notes that trading of the Shares may be halted and/or the Shares may be delisted based on circumstances set forth under NYSE Arca Equities Rule 5.5(g)(2). 23 In particular, if the Intraday Indicative Value or the value of the Underlying Index is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of such values occurs; if the interruption to the dissemination of any such value persists past the trading day in which it first occurred, the Exchange will halt trading of the Shares. In addition, the Exchange states that it will cease trading the Shares based on NYSE Arca Equities Rule 7.12 (Trading Halts Due to Extraordinary Market Volatility) and may consider other relevant factors in exercising its discretion to halt or suspend trading in the Shares of the Fund because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. Some of these factors may include
(1)the extent to which trading is not occurring in the securities comprising the Underlying Index and/or the financial instruments of the Fund, or
(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. Trading in the Shares may also be halted pursuant to the Exchange's “circuit breaker” rule 24 or by the halt or suspension of trading of the securities comprising the Underlying Index. 23 *See supra* note 6. 24 *See* NYSE Arca Equities Rule 7.12. In support of this proposal, the Exchange has made the following representations:
(1)The Exchange has appropriate rules to facilitate transactions in the Shares during all three trading sessions (Opening, Core, and Late Trading Sessions, from 4 a.m. to 8 p.m. ET). 25 25 *See supra* note 20.
(2)The Exchange would utilize its existing surveillance procedures applicable to equity securities to monitor trading of the Shares of the Fund. Surveillance procedures applicable to trading of the Shares are comparable to those applicable to other Investment Company Units currently trading on the Exchange. The Exchange represents that such surveillance procedures are adequate to properly monitor the trading of the Fund Shares. The Exchange's current trading surveillance focuses on detecting securities trading outside their normal patterns. When such situations are detected, surveillance analysis follows, and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations. The Exchange may also obtain trading information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliate members of ISG. 26 26 The Exchange notes that one or more of the underlying securities may trade on exchanges that are not members or affiliate members of ISG, and the Exchange may not have in place comprehensive surveillance sharing agreements with such exchanges.
(3)Standard and Poor's, which acts as the “Index Administrator” and is responsible for maintaining the Underlying Index, is neither a registered broker-dealer nor an “affiliated person,” as defined in Section 2(a)(3) of the 1940 Act, 27 or an affiliated person of the Fund, Advisor, Sub-Advisor, 28 Distributor, 29 or the Corporation. In addition, the Distributor is not an affiliated person of the Advisor, the Sub-Advisor, the Fund, or the Corporation. 30 27 *See* 15 U.S.C. 80a-2(a)(3). 28 BNY Investment Advisors acts as the “Sub-Advisor” to the Fund. 29 ALPS Distributors, Inc. is a registered broker-dealer and acts as the “Distributor” and underwriter of the Creation Units. 30 *See* NYSE Arca Equities Rule 5.2(j)(3), Commentary .01(b)(1) (providing for restrictions to access of information concerning changes and adjustments to an index and requirements designed to prevent the use and dissemination of material, non-public information regarding the applicable index, among others).
(4)Prior to the commencement of trading, the Exchange will inform its ETP Holders 31 in an Information Bulletin (“Bulletin”) of the special characteristics and risks associated with trading the Shares. Specifically, the Bulletin will discuss the following:
(1)The procedures for purchases and redemptions of Shares in Creation Unit aggregations;
(2)NYSE Arca Equities Rule 9.2(a), 32 which imposes a duty of due diligence on ETP Holders to learn the essential facts relating to every customer prior to trading the Shares;
(3)the risks involved in trading the Shares during the Opening and Late Trading Sessions when an updated Intraday Indicative Value and Underlying Index value will not be calculated or publicly disseminated;
(4)how information regarding the Intraday Indicative Value is disseminated;
(5)the requirement that ETP Holders deliver a Prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and
(6)trading information. In addition, the Bulletin will reference that the Fund is subject to various fees and expenses described in the Registration Statement, 33 discuss any exemptive, no-action, and/or interpretive relief granted by the Commission from any rules under the Act, and disclose that the NAV for the Shares will be calculated after 4 p.m. ET each trading day. 31 The Exchange defines an “ETP Holder” as a sole proprietorship, partnership, corporation, limited liability company, or other organization in good standing that has been issued an Equity Trading Permit or “ETP” by NYSE Arca Equities for effecting approved securities transactions on NYSE Arca Equities' trading facilities. An ETP Holder must be a registered broker or dealer pursuant to Section 15 of the Act (15 U.S.C. 78o). 32 NYSE Arca Equities Rule 9.2(a) provides that an ETP Holder, before recommending a transaction, must have reasonable grounds to believe that the recommendation is suitable for the customer based on any facts disclosed by the customer as to his or her other security holdings and as to his or her financial situation and needs. Further, the rule provides, with a limited exception, that prior to the execution of a transaction recommended to a non-institutional customer, the ETP Holder shall make reasonable efforts to obtain information concerning the customer's financial status, tax status, investment objectives, and any other information that they believe would be useful to make a recommendation. 33 *See supra* note 8. This order is based on the Exchange's representations. The Commission finds good cause for approving this proposal before the thirtieth day after the publication of notice thereof in the **Federal Register** . As referenced above, the Commission notes that the Fund Shares are currently trading on the Exchange pursuant to UTP 34 and are substantially similar in structure, operation, and function to the shares of other HealthShares TM exchange-traded funds, the shares of which are currently listed and trading on the Exchange pursuant to Rule 19b-4(e) under the Act. 35 In addition, the Commission notes that it has previously approved the listing and trading of derivative securities products based on indices that were composed of stocks that did not meet certain quantitative generic listing criteria by similar amounts. 36 Although the Fund Shares do not meet the initial listing requirement of Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3) and therefore cannot be listed pursuant to Rule 19b-4(e), 37 the Commission believes that the Shares are substantially similar to the other HealthShares TM trading on the Exchange and notes that the Shares would otherwise comply with all other generic listing requirements under NYSE Arca Equities Rule 5.2(j)(3). 38 The Commission also notes that the continued listing standards under NYSE Arca Equities Rule 5.5(g)(2) applicable to Investment Company Units would apply to the Fund Shares. The listing and trading of the Shares do not appear to present any new or significant regulatory concerns. Therefore, the Commission believes that accelerating approval of this proposal would allow the Shares to trade on the Exchange without undue delay and should generate additional competition in the market for such products. 34 *See supra* note 5. 35 *See supra* note 17. 36 *See supra* note 16. 37 *See supra* note 6. 38 *See id.* V. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 39 that the proposed rule change (SR-NYSEArca-2007-111) be, and it hereby is, approved on an accelerated basis. 39 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 40 Nancy M. Morris, Secretary. 40 17 CFR 200.30-3(a)(12). [FR Doc. E7-21276 Filed 10-29-07; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF STATE [Public Notice 5975] Presidential Permits Concerning Pipeline Facilities on the International Boundaries of the United States AGENCY: Department of State. ACTION: Notice. Section 1(a) of Executive Order 13337, of April 30, 2004, designates and empowers the Secretary of State to “receive all applications for Presidential permits, as referred to in Executive Order 11423, as amended, for the construction, connection, operation, or maintenance, at the borders of the United States, of facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country.” Furthermore, section 1(a) of Executive Order 11423 designates and empowers the Secretary of State to receive “all applications for permits for the construction, connection, operation, or maintenance, at the borders of the United States, of:
(i)Pipelines, conveyor belts, and similar facilities for the exportation or importation of all products, except those specified section 1(a) of [Executive Order 13337] to or from a foreign country;
(ii)facilities for the exportation or importation of water or sewage to or from a foreign country* * *” This authority is subject to certain exceptions with respect to facilities covered by Executive Order 10485 of September 3, 1953 (concerning electric power and natural gas facilities), and Executive Order 10530 of May 10, 1954 (concerning submarine cables). section 2(b) of Executive Order 11423 and section 3(b) of Executive Order 13337 authorizes the Secretary of State to issue such further rules and regulations and to prescribe such further procedures as may from time to time be deemed necessary or desirable for the exercise of the authority conferred by the Executive Orders. As noted in the preamble to Executive Order 11423, it is desirable to provide a systematic method of evaluation in connection with the issuance of Presidential permits. Moreover, Executive Order 13212 instructs federal agencies to expedite their review of permits for energy related projects or take other actions as necessary to accelerate the completion of such projects, while maintaining safety, public health, and environmental protections. Therefore, in accordance with Executive Orders 11423 and 13337 and in furtherance of this foreign affairs function, the Department of State plans to assemble an interagency working group, consisting of relevant State Department personnel and personnel from other interested federal agencies, to develop guidance regarding a definition of “U.S. facilities at the borders of the United States for the exportation or importation of petroleum, petroleum products, coal, or other fuels” for purposes of Presidential permits issued under Executive Order 13337, and “construction, connection, operation, or maintenance, at the borders of the United States, of facilities for the exportation or importation of water or sewage to or from a foreign country” for purposes of Presidential permits under Executive Order 11423. The Department intends to focus in particular on what portion of an international pipeline should be considered to constitute “facilities at the borders of the United States” for these purposes. The Department is also considering whether to apply this definition to all pending and future applications for Presidential permits under section 1(a) of Executive Order 13337 and section 1(a)(i)-(ii) of Executive Order 11423, both for new pipeline proposals and for modifications to or transfers of previously-permitted pipeline facilities. (In considering this change, the Department does not intend to issue a new or amended Presidential permit with respect to a previously-permitted pipeline facility, where the application is submitted solely for the purpose of limiting the definition of “U.S. facilities” in the existing permit). Establishing a consistent definition is expected to aid permit applicants to prepare appropriate documentation in support of applications for Presidential permits subject to section 1(a) of Executive Order 13337 and section 1(a)(i)-(ii) of Executive Order 11423. The scope of the definition would also have implications for the scope of the environmental review conducted by the Department in accordance with the National Environmental Policy Act (42 U.S.C. 4321, *et. seq.* ), regulations issued by the Council on Environmental Quality (40 CFR Parts 1500-1508), and the Department of State's implementing regulations (22 CFR Part 161; see, in particular 22 CFR 161.7(c)(1)). The Department's final decision and guidelines, if any, on this issue will be published in the **Federal Register** . DATES: The Department of State welcomes public comment and invites those who are interested in submitting comments relative to this issue to provide such comments on or before November 29, 2007 to Jeff Izzo, International Energy Commodity Policy, Room 4843, Department of State, Washington, DC 20520, or e-mail to *izzojr@state.gov.* FOR FURTHER INFORMATION CONTACT: Jeff Izzo, Office of International Energy and Commodity Policy (EEB/ESC/IEC/EPC), Room 4843, Department of State, Washington, DC 20520, telephone 202-647-1291, facsimile 202-647-4037, e-mail *izzojr@state.gov.* Dated: October 23, 2007. Stephen J. Gallogly, Director, Office of International Energy and Commodities Policy, Department of State. [FR Doc. E7-21324 Filed 10-29-07; 8:45 am] BILLING CODE 4710-07-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-29137] Agency Information Collections; Extension of a Currently Approved Collection: Transportation of Hazardous Materials, Highway Routing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request
(ICR)described below to the Office of Management and Budget
(OMB)for review and approval and invites public comment. The FMCSA requests approval to extend an existing information collection entitled “Transportation of Hazardous Materials, Highway Routing,” which requires States and Indian tribes to identify designated/restricted routes and restrictions or limitations affecting how motor carriers may transport certain hazardous materials on the highway. DATES: We must receive your comments on or before December 31, 2007. ADDRESSES: You may submit comments bearing the Department of Transportation
(DOT)Docket Management System
(DMS)Docket Number FMCSA Docket Number FMCSA-2007-29137 using any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery:* West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590 between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. • *Fax:* 1-202-493-2251. Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts all comments received without change to *http://www.regulations.gov* , including any personal information included in a comment. Please see the Privacy Act heading below. *Docket:* For access to the docket to read background documents or comments, go to *http://www.regulations.gov* at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The DMS is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a self-addressed, stamped envelope or post card or print the acknowledgement page that appears after submitting on-line. *Privacy Act:* Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** on April 11, 2000 (65 FR 19477-19478; April 11, 2000). This information is also available at *http://Docketinfo.dot.gov* . FOR FURTHER INFORMATION CONTACT: Mr. James O. Simmons, Hazardous Materials Division, phone
(202)366-6121; FAX
(202)366-3921; or e-mail *james.simmons@dot.gov* ; Federal Motor Carrier Safety Administration, DOT, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m. EST, Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: *Background:* The data for the Transportation of Hazardous Materials; Highway Routing designations are collected under authority of 49 U.S.C. 5112 and 5125. That authority places responsibility on the Secretary of Transportation (Secretary) to specify and regulate standards for establishing, maintaining, and enforcing routing designations. Under 49 CFR 397.73, the Administrator has the authority to request that each State and Indian tribe, through its routing agency, provide information identifying hazardous materials routing designations within their jurisdictions. That information is collected and consolidated by the FMCSA and published annually in whole, or as updates, in the **Federal Register** . *Title:* Transportation of Hazardous Materials, Highway Routing. *OMB Control Number:* 2126-0014. *Type of Request:* Extension of a currently approved collection. *Respondents:* The reporting burden is shared by the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, Northern Marianas, and the Virgin Islands. *Frequency:* There is one response annually from approximately 53 respondents. *Estimated Average Burden per Response:* 15 minutes. *Estimated Total Annual Burden Hours:* 13 hours [53 respondents x 1 response x15 minutes per response/60 minutes = 13.25 hours, rounded to 13 hours]. *Public Comments Invited:* You are asked to comment on any aspect of this information collection, including:
(1)Whether the proposed collection is necessary for the performance of FMCSA's functions;
(2)the accuracy of the estimated burden;
(3)ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and
(4)ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection. Issued On: October 24, 2007. Michael S. Griffith, Acting Associate Administrator for Research and Information Technology. [FR Doc. E7-21281 Filed 10-29-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2000-7257; Notice No. 38] Railroad Safety Advisory Committee (RSAC); Working Group Activity Update AGENCY: The Federal Railroad Administration (FRA), U.S. Department of Transportation. ACTION: Announcement of Railroad Safety Advisory Committee
(RSAC)working group activities. SUMMARY: FRA is updating its announcement of RSAC's working group activities to reflect its current status. FOR FURTHER INFORMATION CONTACT: Larry Woolverton, RSAC Coordinator, at: FRA; 1120 Vermont Avenue, NW., Mailstop 25; Washington, DC 20590; telephone
(202)493-6212, or Grady C. Cothen, Jr., FRA Deputy Associate Administrator for Safety, at: FRA; 1120 Vermont Avenue, NW., Mailstop 25; Washington, DC 20590; telephone
(202)493-6302. SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last announcement of working group activities and status reports as of September 25, 2006 (71 FR 55823). The 32nd full Committee meeting was held June 26, 2007. Since its first meeting in April 1996, the RSAC has accepted 24 tasks. The status for each of the tasks is provided below: Open Tasks *Task 96-4:* Reviewing the appropriateness of the agency's current policy regarding the applicability of existing and proposed regulations to tourist, excursion, scenic, and historic railroads. This task was accepted on April 2, 1996, and a working group was established. The working group monitored the steam locomotive regulation task. Planned future activities involve the review of other regulations for possible adaptation to the safety needs of tourist and historic railroads. *Contact:* Grady Cothen,
(202)493-6302. *Task 03-01:* Passenger Safety. This task was accepted on May 20, 2003, and a working group was established. Before embarking on substantive discussions about a specific task, the working group wrote a specific description of the task. The working group reports planned activity to the full Committee at each scheduled, full RSAC meeting, including milestones for the completion of projects and progress toward completion. At the first meeting held September 9-10, 2003, a consolidated list of issues were completed. At the second meeting held November 6-7, 2003, four task groups were established: Emergency preparedness, mechanical-general issues, mechanical-safety appliances, and track/vehicle interaction. The task groups met and reported on activities for working group consideration at the third meeting held May 11-12, 2004, and a fourth meeting was held October 26-27, 2004. The working group met March 21-22, 2006, and again on September 12-13, 2006, at which time the group agreed to establish a task force on general passenger safety. The working group met on April 17-18, 2007, and the next meeting is scheduled for December 11-12, 2007. (Emergency Preparedness) At the working group meeting of March 9-10, 2005, the working group received and approved the consensus report of the Emergency Preparedness Task Force related to emergency egress and rescue access. These recommendations were presented to and approved by the full Committee on May 18, 2005. The working group met September 7-8, 2005, and additional, supplementary recommendations were presented to, and accepted by, the full RSAC on October 11, 2005. The Notice of Proposed Rulemaking
(NPRM)was published on August 24, 2006, and was open for comments until October 23, 2006. The working group agreed upon recommendations for the resolution of final comments during the April 17-18, 2007, meeting. The recommendations were presented to, and approved by, the full RSAC Committee on June 26, 2007, and FRA is currently preparing the final rule. The next working group meeting is scheduled for October 17-18, 2007. *Contact:* Brenda Moscoso,
(202)493-6282. (General Mechanical) (Completed) Initial recommendations on mechanical issues (revisions to Title 49 Code of Federal Regulations
(CFR)Part 238) were approved by the full Committee on January 26, 2005. At the working group meeting of September 7-8, 2005, the task force presented additional perfecting amendments and the full RSAC approved them on October 11, 2005. An NPRM was published in the **Federal Register** on December 8, 2005 (70 FR 73070). Public comments were due by February 17, 2006. The final rule was published in the **Federal Register** on October 19, 2006 (71 FR 61835), effective December 18, 2006. (General Passenger Safety) At the working group meeting April 17-18, 2007, the task force presented a progress report to the working group. The task force met July 18-19, 2007, and afterwards it reported proposed reporting codes for injuries involving the platform gap, which were approved by the working group by mail ballot during September 2007. The task force is preparing an outline for work on Emergency Order 20, which will be presented to the working group in December 2007. Additionally, the task force continues work on door securement and second train passing. It has also drafted guidance material for management of the gap, which will be considered by the working group at the December 2007 meeting. *Contact:* Dan Knote,
(631)567-1596. (Passenger Equipment Crashworthiness) The Crashworthiness Task Force provided consensus recommendations on static end strength that were adopted by the working group September 7-8, 2005. The full Committee accepted the recommendations on October 11, 2005. The Front-End Strength of Cab Cars and Multiple-Unit Locomotives NPRM was published in the **Federal Register** on August 1, 2007 (72 FR 42016), with comments due by October 1, 2007. Several comments were entered into the docket. FRA is evaluating each of the comments received and plans to have the final rule text completed by May 2008. To validate the crashworthiness requirements of the rule, FRA has scheduled two full-scale, large deformation tests as prescribed in the NPRM, a corner post test in February 2008, a collision post test in March 2008, and a dynamic test in April 2008. *Contact:* Gary Fairbanks,
(202)493-6322. (Vehicle/Track Interaction) The task force is developing proposed revisions to Parts 213 and 238 principally regarding high-speed passenger service. The task force recently met October 9-11, 2007, in Washington, DC. *Contact:* John Mardente,
(202)493-1335. *Task 05-01:* Review of Roadway Worker Protection Issues. This task was accepted on January 26, 2005, to review 49 CFR Part 214 Subpart C, *Roadway Worker Protection* , and related sections of Subpart A; recommend consideration of specific actions to advance the on-track safety of railroad employees and contractors engaged in maintenance-of-way activities throughout the general system of railroad transportation, including clarification of existing requirements. A working group was established and reported to the RSAC any specific actions identified, as appropriate. The first meeting of the working group was held April 12-14, 2005. The working group reported planned activity to the full Committee at each scheduled Committee meeting, including milestones for completion of projects and progress toward completion. The working group met June 22-24, 2005; August 8-11, 2005; September 20-22, 2005; November 8-9, 2005; January 10-11, 2006; February 1-2, 2006; March 15-16, 2006; April 11-12, 2006; August 22-23, 2006; November 14-15, 2006; January 17-18, 2007; and February 27-28/March 1, 2007. The group has drafted and accepted regulatory language for various revisions, clarifications, and additions to 32 separate items in 19 sections of the rule. However, two parties raised technical concerns regarding the draft language concerning the electronic display of track authorities. The working group reported recommendations to the full Committee at the June 26, 2007, meeting. FRA, through the NPRM process, is to address this issue along with eight additional items on which the working group was unable to reach a consensus. A draft NPRM is currently under review by the Office of Safety staff and Legal Counsel and is expected to be published in early 2008. *Contact:* Christopher Schulte,
(610)521-8201. *Task 05-02:* Reduce Human Factor-Caused Train Accident/Incidents. This task was accepted on May 18, 2005, to reduce the number of human factor-caused train accidents/incidents and related employee injuries. A working group has been established. The working group reports planned activity to the full Committee at each scheduled, full RSAC meeting, including milestones for completion of projects and progress toward completion. The working group met July 12-13, 2005; August 31-September 1, 2005; September 28-29, 2005; October 25-26, 2005; November 16-17, 2005; and December 6-7, 2005. The final working group meeting devoted to developing a proposed rule was held February 8-9, 2006. The working group was unable to deliver a consensus regulatory proposal, but did recommend that it be used to review comments on FRA's NPRM, which was published in the **Federal Register** on October 12, 2006 (FR 71 60372), with public comments due by December 11, 2006. Two reviews were held on February 8-9, 2007, and April 4-5, 2007. Consensus was reached on four items and those items were presented and accepted by the full RSAC Committee at the June 26, 2007, meeting. The most recent working group meeting was held September 27-28, 2007. *Contact:* Douglas Taylor,
(202)493-6255. *Task 06-01:* Locomotive Safety Standards. This task was accepted on February 22, 2006, to review 49 CFR Part 229, *Railroad Locomotive Safety Standards* , and revise as appropriate. A working group was established with the mandate to report any planned activity to the full Committee at each scheduled, full RSAC meeting, to include milestones for completion of projects and progress toward completion. The first working group meeting was held May 8-10, 2006. Working group meetings were held August 8-9, 2006; September 25-26, 2006; October 30-31, 2006; January 9-10, 2007; and the working group presented recommendations regarding revisions to requirements for locomotive sanders to the full RSAC on September 21, 2006. The NPRM regarding sanders was published in the **Federal Register** on March 6, 2007 (72 FR 9904). Comments received were discussed by the working group for clarification and FRA published a final rule on October 19, 2007 (72 FR 59216). The working group is continuing the review of Part 229 with a view to proposing further revisions to update the standards. The next working group meeting is scheduled for November 27-28, 2007. *Contact:* George Scerbo,
(202)493-6249. *Task 06-02:* Track Safety Standards and Continuous Welded Rail. Section 9005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. No. 109-59, “SAFETEA-LU”), the 2005 Surface Transportation Authorization Act, requires FRA to issue requirements for the inspection of joint bars in continuous welded rail
(CWR)to detect cracks that could affect the integrity of the track structure (49 U.S.C. 20142(e)). FRA published an Interim Final Rule
(IFR)establishing new requirements for inspections on November 2, 2005 (70 FR 66288). On October 11, 2005, FRA offered the RSAC a task to review comments on this IFR, but the conditions could not be established under which the Committee could have undertaken this with a view toward consensus. Comments on the IFR were received through December 19, 2005. FRA is reviewing the comments. On February 22, 2006, the RSAC accepted this task to review and revise the CWR, related to provisions of the Track Safety Standards, with particular emphasis on the reduction of derailments and consequent injuries and damage caused by defective conditions, including joint failures in track using CWR. A working group has been established. The working group will report any planned activity to the full Committee at each scheduled, full RSAC meeting, including milestones for completion of projects and progress toward completion. The first working group meeting was held April 3-4, 2006, at which time the working group reviewed comments on the IFR. The second working group meeting was held April 26-28, 2006. The working group also met May 24-25, 2006, and July 19-20, 2006. The working group reported consensus recommendations for the final rule that were accepted by the full Committee by mail ballot on August 11, 2006. The final rule was published in the **Federal Register** on October 11, 2006 (71 FR 59677). The working group is continuing review of Section 213.119 with a view to proposing further revisions to update the standards. The working group met June 27-28, 2007, and August 15-16, 2007, and the next meeting is scheduled for October 23-24, 2007. *Contact:* Ken Rusk,
(202)493-6236. *Task 06-03:* Medical Standards for Safety-Critical Personnel. This task was accepted on September 21, 2006, to enhance the safety of persons in the railroad operating environment as well as the public by establishing standards and procedures for determining the medical fitness for duty of personnel engaged in safety-critical functions. A working group has been established. The working group will report any planned activity to the full Committee at each scheduled, full RSAC meeting, including milestones for completion of projects and progress toward completion. The first working group meeting was held December 12-13, 2006. The working group met February 20-21, 2007; July 24-25, 2007; and August 29-30, 2007. The next working group meetings are scheduled for October 31-November 1, 2007, and December 3-4, 2007. A task force of physicians was established in May 2007 to work on specific medical exam-related issues. The task force had meetings or conference calls on July 24, 2007; August 20, 2007; and October 15, 2007, and will meet again on October 31, 2007. *Contact:* Alan Misiaszek,
(202)493-6002. *Task 07-01:* Track Safety Standards. This task was accepted on February 22, 2007, to consider specific improvements to the Track Safety Standards or other responsive actions, supplementing work already underway on CWR, specifically, review controls applied to the reuse of rail in CWR “plug rail”; review the issue of cracks emanating from bond wire attachments; consider improvements in the Track Safety Standards related to fastening of rail-to-concrete ties; and ensure a common understanding within the regulated community concerning requirements for internal rail flaw inspections. The tasks were assigned to the Track Safety Standards Working Group. The working group will report any planned activity to the full Committee at each scheduled, full RSAC meeting, including milestones for completion of projects and progress toward completion. The first working group meeting was held June 27-28, 2007, and the group met again August 15-16, 2007. The next scheduled meeting is October 23-24, 2007. *Contact:* Ken Rusk,
(202)493-6236. Completed Tasks *Task 96-1:* (Completed) Revising the Freight Power Brake Regulations. *Task 96-2:* (Completed) Reviewing and recommending revisions to the Track Safety Standards (49 CFR Part 213). *Task 96-3:* (Completed) Reviewing and recommending revisions to the Radio Standards and Procedures (49 CFR Part 220). *Task 96-5:* (Completed) Reviewing and recommending revisions to Steam Locomotive Inspection Standards (49 CFR Part 230). *Task 96-6:* (Completed) Reviewing and recommending revisions to miscellaneous aspects of the regulations addressing Locomotive Engineer Certification (49 CFR Part 240). *Task 96-7:* (Completed) Developing Roadway Maintenance Machines (On-Track Equipment) Safety Standards. *Task 96-8:* (Completed) This Planning Task evaluated the need for action responsive to recommendations contained in a report to Congress entitled, Locomotive Crashworthiness & Working Conditions. *Task 97-1:* (Completed) Developing crashworthiness specifications (49 CFR Part 229) to promote the integrity of the locomotive cab in accidents resulting from collisions. *Task 97-2:* (Completed) Evaluating the extent to which environmental, sanitary, and other working conditions in locomotive cabs affect the crew's health and the safe operation of locomotives, proposing standards where appropriate. *Task 97-3:* (Completed) Developing event recorder data survivability standards. *Task 97-4* and *Task 97-5:* (Completed) Defining Positive Train Control functionalities, describing available technologies, evaluating costs and benefits of potential systems, and considering implementation opportunities and challenges, including demonstration and deployment. *Task 97-6:* (Completed) Revising various regulations to address the safety implications of processor-based signal and train control technologies, including communications-based operating systems. *Task 97-7:* (Completed) Determining damages qualifying an event as a reportable train accident. *Task 00-1:* (Completed—task withdrawn) Determining the need to amend regulations protecting persons who work on, under, or between rolling equipment and persons applying, removing, or inspecting rear end marking devices (Blue Signal Protection). *Task 01-1:* (Completed) Developing conformity of FRA's regulations for accident/incident reporting (49 CFR part 225) to revised regulations of the Occupational Safety and Health Administration, U.S. Department of Labor, and to make appropriate revisions to the *FRA Guide for Preparing Accident/Incident Reports* (Reporting Guide). Please refer to the notice published in the **Federal Register** on March 11, 1996, (61 FR 9740) for more information about the RSAC. Issued in Washington, DC on October 24, 2007. Michael J. Logue, Deputy Associate Administrator for Safety Compliance and Program Implementation. [FR Doc. E7-21280 Filed 10-29-07; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number MARAD 2007 0006] Maintenance and Repair Reimbursement Pilot Program AGENCY: Maritime Administration, Department of Transportation. ACTION: Notice of extension of application deadline. SUMMARY: The Maritime Administration is hereby giving notice that the closing date for filing applications to enroll in the Maintenance and Repair Reimbursement Pilot Program is extended until December 30, 2007. The notice announcing the initial application deadline was published in the **Federal Register** on July 2, 2007 (72 FR 36103). An extension to October 30, 2007 was previously published in the **Federal Register** on July 30, 2007 (72 FR 41581-01). FOR FURTHER INFORMATION CONTACT: Jean E. McKeever, Associate Administrator for Business and Workforce Development, Maritime Administration, 1200 New Jersey Ave., SE., Washington, DC 20590; phone:
(202)366-5737; fax:
(202)366-3511; or e-mail: *Jean.McKeever@dot.gov.* SUPPLEMENTARY INFORMATION: Section 3517 of the National Defense Authorization Act for fiscal year 2007 (Pub. L. 109-163) requires a person who is awarded a Maritime Security Program (“MSP”) agreement to also enter into an agreement with the Maritime Administration to perform maintenance and repair (“M&R”) work in United States shipyards as a condition of the MSP award. The Maritime Administration's M&R regulations do not apply the M&R condition to contractors who have already been awarded an M&R agreement. Thus, the Maritime Administration's M&R regulations make the M&R obligation mandatory on new awardees, including transferees, of MSP agreements, and voluntary for existing MSP contractors. The M&R regulations were published in the **Federal Register** on February 6, 2007 (72 FR 5342-01), but did not specify a time period for submitting applications. The deadline for applying for the M&R program is being extended to accommodate one or more carriers that are considering submitting applications, but need additional time to make a decision. (Authority: 49 CFR 1.66) Dated: October 24, 2007. By Order of the Maritime Administrator. Christine Gurland, Secretary, Maritime Administration. [FR Doc. E7-21303 Filed 10-29-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 291X)] Norfolk Southern Railway Company—Abandonment Exemption—in Grant County, IN On October 10, 2007, Norfolk Southern Railway Company
(NS)filed with the Surface Transportation Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 in order to permit abandonment of 3.66 miles of rail line between mileposts TS 153.35 and TS 157.01 at Marion, in Grant County, IN (the line). 1 The line traverses U.S. Postal Service Zip Codes 46952 and 46953, and includes the stations of Kiley and Marion. NS states that service to Marion will continue via other NS lines. 1 In its environmental and historic reports and its newspaper notice, NS states that the proposed abandonment will cover 3.91 miles of rail line, between mileposts TS 153.10 and TS 157.01. Prior to filing its petition for exemption, NS determined that it still required the use of the segment between mileposts TS 153.10 and TS 153.35, and therefore would seek an abandonment exemption only for the shorter segment described above. NS states in its petition that it has notified recipients of the environmental and historic reports in writing about the change. The line does not contain Federally granted rights-of-way. Any documentation in NS's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by January 28, 2008. Any offer of financial assistance
(OFA)under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,300 filing fee. *See* 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than November 26, 2007. Each trail use request must be accompanied by a $200 filing fee. *See* 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB-290 (Sub-No. 291X), and must be sent to:
(1)Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001; and
(2)James R. Paschall, Senior General Attorney, Norfolk Southern Corporation, Three Commercial Place, Norfolk, VA 23510-2191. Replies to the petition are due on or before November 26, 2007. Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Services at
(202)245-0230 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis
(SEA)at
(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] An environmental assessment
(EA)(or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at: *http://www.stb.dot.gov.* Decided: October 22, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-21163 Filed 10-29-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF VETERANS AFFAIRS Performance Review Board Members AGENCY: Department of Veterans Affairs. ACTION: Notice. SUMMARY: Under the provisions of 5 U.S.C. 4314(c)(4) agencies are required to publish a notice in the **Federal Register** of the appointment of Performance Review Board
(PRB)members. This notice updates the VA Performance Review Board of the Department of Veterans Affairs that was published in the **Federal Register** on November 2, 2006 (Vol. 71, 212). EFFECTIVE DATE: October 30, 2007. FOR FURTHER INFORMATION CONTACT: Charlotte Moment, Office of Human Resources Management (052B), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,
(202)461-7856. VA Performance Review Board
(PRB)Paul J. Hutter, Executive in Charge of the Office of the Assistant Secretary for Human Resources and Administration (Chairperson) Thomas J. Hogan, Special Assistant (Alternate Chairperson) Thomas G. Bowman, Chief of Staff Kenneth M. Greenberg, Executive Secretary to the Department (Alternate) Ronald R. Aument, Deputy Under Secretary for Benefits, Veterans Benefits Administration Michael Walcoff, Associate Deputy Under Secretary for Operations, Veterans Benefits Administration (Alternate) Gerald M. Cross, M.D., Deputy Under Secretary for Health, Veterans Health Administration William F. Feeley, Assistant Deputy Under Secretary for Health for Operations and Management, Veterans Health Administration (Alternate) Louise R. Van Diepen, Chief of Staff, Veterans Health Administration (Alternate) John H. Thompson, Deputy General Counsel Joseph Bauernfeind, Director, Office of Business Oversight Robert T. Howard, Assistant Secretary for Information Technology Jon A. Wooditch, Deputy Inspector General Sharon K. Barnes, Deputy Chief of Staff Richard Wannemacher, Jr., Senior Advisor, National Cemetery Administration Karen W. Pane, Deputy Assistant Secretary for Planning and Evaluation Lucretia M. McClenney, Director, Center for Minority Veterans Patricia C. Adams, Deputy Assistant Secretary of the Navy (Civilian Human Resources), Department of the Navy Veterans Benefits Administration PRB Ronald R. Aument, Deputy Under Secretary for Benefits, (Chairperson) Geraldine V. Breakfield, Associate Deputy Under Secretary for Management R. Keith Pedigo, Associate Deputy Under Secretary for Policy & Program Management Michael Walcoff, Associate Deputy Under Secretary for Field Operations Jimmy Norris, Chief Financial Officer Diana M. Rubens, Director, Western Area Office Sharon K. Barnes, Deputy Chief of Staff, Office of the Secretary A. Jacy Thurmond, Jr., Senior Advisor to the Deputy Commissioner of the Social Security Administration, U.S. Social Security Administration Veterans Health Administration PRB Gerald M. Cross, MD, FAAFP, Principal Deputy Under Secretary for Health William F. Feeley, Vice-Chair, Deputy Under Secretary for Health for Operations and Management Madhulika Agarwal, MD, Chief Patient Care Services Officer Linda W. Belton, Network Director, VISN 11 Lawrence A. Biro, Network Director, VISN 7 Everett A. Chasen, Chief Communications Officer Joleen M. Clark, Deputy Chief Management Support Officer (Ex Officio, Alternate) Barbara B. Fleming, MD, PhD, Chief Quality and Performance Officer Sanford M. Garfunkel, Network Director, VISN 5 Glen W. Grippen, Network Director, VISN 19 W. Paul Kearns III, Acting Chief Financial Officer Craig B. Luigart, VHA Chief Information Officer Michael E. Moreland, Network Director, VISN 4 Caitlin O'Brien, Chief Compliance and Business Integrity Officer Robert A. Petzel, MD, Network Director, VISN 23 Catherine J. Rick, RN, MSN, Chief Nursing Officer James Roseborough, Network Director, VISN 12 Louise R. Van Diepen, VHA Chief of Staff Patricia Vandenberg, Assistant Deputy Under Secretary for Health for Policy and Planning Nevin M. Weaver, Director, Management Support Office (Ex Officio) Robert L. Wiebe, MD, Network Director, VISN 21 Joseph A. Williams, Jr., Assistant Deputy Under Secretary for Health for Operations and Management Sharon K. Barnes, Deputy Chief of Staff Maureen E. Gormley, Chief Operating Officer, National Institutes of Health Clinical Center, National Institutes of Health Office of Inspector General PRB Michael P. Stephens, Deputy Inspector General, Department of Housing and Urban Development, Office of Inspector General Thomas J. Howard, Deputy Inspector General, National Air and Space Administration, Office of Inspector General Elliot P. Lewis, Assistant Inspector General for Audit, Department of Labor, Office of Inspector General Dated: October 24, 2007. Gordon H. Mansfield, Acting Secretary of Veterans Affairs. [FR Doc. 07-5380 Filed 10-29-07; 8:45 am]
Connectionstraces to 21
20 references not yet in our index
  • 17 CFR 275.206(4)
  • 17 CFR 240.19
  • 22 CFR 161
  • 49 CFR 397.73
  • 49 CFR 214
  • 49 CFR 229
  • Pub. L. 109-59
  • 49 CFR 213
  • 49 CFR 220
  • 49 CFR 230
  • 49 CFR 240
  • 49 CFR 225
  • Pub. L. 109-163
  • 49 CFR 1.66
  • 49 CFR 1152.27(b)(2)
  • 49 CFR 1002.2(f)(25)
  • 49 CFR 1152.28
  • 49 CFR 1152.29
  • 49 CFR 1002.2(f)(27)
  • 49 CFR 1152
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