Notices. Notice; request for comments
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/register/2007/11/16/07-5688·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4410-15-M DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Registration By Notice dated July 31, 2007 and published in the **Federal Register** on August 9, 2007, (72 FR 44859), Almac Clinical Services Inc., (ACSI), 2661 Audubon Road, Audubon, Pennsylvania 19403, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of the basic classes of controlled substances listed in schedule II: Drug Schedule Oxycodone
(9143)II Fentanyl
(9801)II The company plans to import small quantities of the listed controlled substances in dosage form to conduct clinical trials. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Almac Clinical Services Inc. to import the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971, at this time. DEA has investigated Almac Clinical Services Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant, Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22512 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated July 10, 2007, and published in the **Federal Register** on July 24, 2007, (72 FR 40331), American Radiolabeled Chemical, Inc., 101 Arc Drive, St. Louis, Missouri 63146, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Gamma hydroxybutyric acid
(2010)I Ibogaine
(7260)I Lysergic acid diethylamide
(7315)I Tetrahydrocannabinols
(7370)I Dimethyltryptamine
(7435)I 1-[1-(2-Thienyl)cyclohexyl]piperidine
(7470)I Dihydromorphine
(9145)I Normorphine
(9313)I Amphetamine
(1100)II Methamphetamine
(1105)II Amobarbital
(2125)II Phencyclidine
(7471)II Phenylacetone
(8501)II Cocaine
(9041)II Codeine
(9050)II Dihydrocodeine
(9120)II Oxycodone
(9143)II Hydromorphone
(9150)II Ecgonine
(9180)II Hydrocodone
(9193)II Meperidine
(9230)II Metazocine
(9240)II Dextropropoxyphene, bulk (non-dosage forms)
(9273)II Morphine
(9300)II Thebaine
(9333)II Oxymorphone
(9652)II Phenazocine
(9715)II Fentanyl
(9801)II The company plans to manufacture small quantities of the listed controlled substances as radiolabeled compounds for biochemical research. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of American Radiolabeled Chemical, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated American Radiolabeled Chemical, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22471 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36728), Amri Rensselaer, Inc., 33 Riverside Avenue, Rensselaer, New York 12144, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of Lisdexamfetamine (1205), a basic class of controlled substance listed in schedule II. The company plans to manufacture the listed controlled substance in bulk for sales to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Amri Rensselaer, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Amri Rensselaer, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22473 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated July 10, 2007, and published in the **Federal Register** on July 24, 2007, (72 FR 40331-40332), Applied Science Labs, Division of Alltech Associates Inc., 2701 Carolean Industrial Drive, State College, Pennsylvania 16801, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Methcathinone
(1237)I N-Ethylamphetamine
(1475)I N,N-Dimethylamphetamine
(1480)I 4-Methylaminorex (cis isomer)
(1590)I Alpha-ethyltryptamine
(7249)I Lysergic acid diethylamide
(7315)I 2,5-Dimethoxy-4-n)-propylthiophenethylamine (2C-T-7)
(7348)I Tetrahydrocannabinols
(7370)I Mescaline
(7381)I 4-Bromo-2,5-dimethoxyamphetamine
(7391)I 4-Bromo-2,5-dimethoxyphenethylamine
(7392)I 4-Methyl-2,5-dimethoxyamphetamine
(7395)I 2,5-Dimethoxyamphetamine
(7396)I 2-5-Dimethoxy-4-ethylamphetamine
(7399)I 3,4-Methylenedioxyamphetamine
(7400)I N-Hydroxy-3,4-methylenedioxyamphetamine
(7402)I 3,4-Methylenedioxy-N-ethylamphetamine
(7404)I 3,4-Methylenedioxymethamphetamine
(7405)I 4-Methoxyamphetamine
(7411)I Alpha-methyltryptamine
(7432)I Bufotenine
(7433)I Diethyltryptamine
(7434)I Dimethyltryptamine
(7435)I Psilocybin
(7437)I Psilocyn
(7438)I 5-methoxy-N-,N-diisopropyltryptamine(5-MeO-DIPT)
(7439)I N-Ethyl-1-phenylcyclohexylamine
(7455)I 1[1-(2 Thienyl)cyclohexyl]piperidine
(7470)I 1-(1-Phenylcyclohexyl)pyrrolidine
(7458)I Dihydromorphine
(9145)I Normorphine
(9313)I Methamphetamine
(1105)II 1-Phenylcylohexylamine
(7460)II Phencyclidine
(7471)II Phenylacetone
(8501)II 1-Piperidinocyclohexanecarbonitrile
(8603)II Cocaine
(9041)II Codeine
(9050)II Dihydrocodeine
(9120)II Benzoylecgonine
(9180)II Meperidine intermediate-B
(9233)II Noroxymorphone
(9668)II The company plans to manufacture high purity drug standards used for analytical application only in clinical, toxicological, and forensic laboratories. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Applied Science Labs to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Applied Science Labs to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22466 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this Section to a bulk manufacturer of a controlled substance in schedule I or II and prior to issuing a registration under 21 U.S.C. 952(a)(2) authorizing the importation of such a substance, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. Therefore, in accordance with Title 21 Code of Federal Regulations (CFR), 1301.34(a), this is notice that on May 17, 2007, Aptuit, 10245 Hickman Mills Drive, Kansas City, Missouri 64137, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of Marihuana (7360), a basic class of controlled substance listed in schedule I. The company plans to import a finished pharmaceutical product containing cannabis extracts in dosage form for packaging for a clinical trial study. Any bulk manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic class of controlled substance may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47. Any such comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, VA 22152; and must be filed no later than December 17, 2007. This procedure is to be conducted simultaneously with, and independent of, the procedures described in 21 CFR 1301.34(b), (c), (d),
(e)and (f). As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745-46), all applicants for registration to import a basic class of any controlled substances in schedule I or II are and will continue to be required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR § 1301.34(b), (c), (d), (e), and
(f)are satisfied. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22491 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on June 13, 2007, Archimica, Inc., 2460 W. Bennett Street, Springfield, Missouri 65807-1229, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule II: Drug Schedule Methylphenidate
(1724)II Phenylacetone
(8501)II Methadone Intermediate
(9254)II The company plans to manufacture the listed controlled substances in bulk for research purposes, and sale to its customers. Any other such applicant and any person who is presently registered with DEA to manufacture such substances may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than January 15, 2008. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22519 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36728), Austin Pharma LLC, 811 Paloma Drive, Suite A, Round Rock, Texas 78664, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedules I and II: Drug Schedule Marihuana
(7360)I Tetrahydrocannabinols
(7370)I Alphamethadol
(9605)I Methadone
(9250)II Methadone Intermediate
(9254)II Levo-alphacetylmethadol
(9648)II Alfentanil
(9737)II Remifentanil
(9739)II Sufentanil
(9740)II Fentanyl
(9801)II The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. In reference to drug code 7360 (Marihuana), the company plans to bulk manufacture cannabidiol as a synthetic intermediate. This controlled substance will be further synthesized to bulk manufacture a synthetic THC (7370). No other activity for this drug code is authorized for this registration. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Austin Pharma LLC to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Austin Pharma LLC to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22463 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Registration By Notice dated August 16, 2007 and published in the **Federal Register** on August 27, 2007, (72 FR 49018), Boehringer Ingelheim Chemicals, Inc., 2820 N. Normandy Drive, Petersburg, Virginia 23805, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of Phenylacetone (8501), a basic class of controlled substance listed in schedule II. The company plans to import the listed controlled substance to bulk manufacture amphetamine. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Boehringer Ingelheim Chemicals, Inc. to import the basic class of controlled substance is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971, at this time. DEA has investigated Boehringer Ingelheim Chemicals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic class of controlled substance listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22499 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36728), Boehringer Ingelheim Chemicals, Inc., 2820 N. Normandy Drive, Petersburg, Virginia 23805, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of Lisdexamfetamine (1205), a basic class of controlled substance listed in schedule II. The company plans to qualify as a bulk manufacturer of the above listed controlled substance. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Boehringer Ingelheim Chemicals, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Boehringer Ingelheim Chemicals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed. Dated: October 31, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22521 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 3, 2007, (72 FR 36481), Cambrex Charles City, Inc., 1205 11th Street, Charles City, Iowa 50616, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of Codeine (9050), a basic class of controlled substance listed in schedule II. The company plans to manufacture the listed controlled substance for sale as an intermediate to other opiates and supply as API to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Cambrex Charles City, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Cambrex Charles City, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22464 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 7, 2007, and published in the **Federal Register** on June 20, 2007, (72 FR 34039-34040), Cambrex Charles City, Inc., 1205 11th Street, Charles City, Iowa 50616, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of Hydromorphone (9150), a basic class of controlled substance listed in schedule II. The company plans to manufacture the listed controlled substance for sale to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Cambrex Charles City, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Cambrex Charles City, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22513 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36729), Cambrex Charles City, Inc., 1205 11th Street, Charles City, Iowa 50616, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of Morphine (9300), a basic class of controlled substance listed in schedule II. The company plans to manufacture the listed controlled substance for sale as an intermediate to generic drug customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Cambrex Charles City, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Cambrex Charles City, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic class of controlled substance listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22517 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated July 31, 2007, and published in the **Federal Register** on August 9, 2007, (72 FR 44860), Cambrex North Brunswick, Inc., Technology Centre of New Jersey, 661 Highway One, North Brunswick, New Jersey 08902, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule N-Ethylamphetamine
(1475)I Tetrahydrocannabinols
(7370)I 2,5-Dimethoxyamphetamine
(7396)I 3,4-Methylenedioxyamphetamine
(7400)I 4-Methoxyamphetamine
(7411)I Amphetamine
(1100)II Methamphetamine
(1105)II Methylphenidate
(1724)II Pentobarbital
(2270)II Phenylacetone
(8501)II Hydromorphone
(9150)II Hydrocodone
(9193)II Methadone
(9250)II Methadone intermediate
(9254)II Morphine
(9300)II Sufentanil
(9740)II Fentanyl
(9801)II The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Cambrex North Brunswick, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Cambrex North Brunswick, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22468 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on June 6, 2007, Cambridge Isotope Lab, 50 Frontage Road, Andover, Massachusetts 01810, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of Morphine (9300), a basic class of controlled substance listed in schedule II. The company plans to utilize small quantities of the listed controlled substance in the preparation of analytical standards. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than January 15, 2008. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22505 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on October 16, 2007, Cody Laboratories, 601 Yellowstone Avenue, Cody, Wyoming 82414, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule II: Drug Schedule Codeine
(9050)II Ecgonine
(9180)II Hydrocodone
(9193)II Morphine
(9300)II The company plans on manufacturing the listed controlled substances in bulk for sale to its customers. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, VA 22152; and must be filed no later than January 15, 2008. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22515 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 3, 2007, (72 FR 36481), Dade Behring, Inc., 100 GBC Drive, MS514, Post Office Box 6101, Attention: RA/GS, Newark, Delaware 19714-6101, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Tetrahydrocannabinols
(7370)I Benzoylecgonine
(9180)II Morphine
(9300)II The company plans to produce the listed controlled substances in bulk to be used in the manufacture of reagents and drug calibrator/controls for DEA exempt products. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Dade Behring, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Dade Behring, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22470 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36729), Dade Behring Inc., Regulatory Affairs, Quality Systems, 20400 Mariani Avenue, Cupertino, California 95014, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Tetrahydrocannabinols
(7370)I Benzoylecgonine
(9180)II Morphine
(9300)II The company plans to produce the listed controlled substances in bulk to be used in the manufacture of reagents and drug calibrator/controls for DEA exempt products. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Dade Behring, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Dade Behring, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22477 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this Section to a bulk manufacturer of a controlled substance in schedule I or II and prior to issuing a registration under 21 U.S.C. 952(a)(2) authorizing the importation of such a substance, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. Therefore, in accordance with Title 21 Code of Federal Regulations (CFR), 1301.34(a), this is notice that on June 22, 2007, Fisher Clinical Services Inc., 7554 Schantz Road, Allentown, Pennsylvania 18106, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of Noroxymorphone (9668), a basic class of controlled substance listed in schedule II. The company plans to import the listed substance for analytical research and clinical trials. Any bulk manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic class of controlled substance may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47. Any such comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, VA 22152; and must be filed no later than December 17, 2007. This procedure is to be conducted simultaneously with, and independent of, the procedures described in 21 CFR § 1301.34(b), (c), (d),
(e)and (f). As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745-46), all applicants for registration to import a basic class of any controlled substances in schedule I or II are and will continue to be required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and
(f)are satisfied. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22486 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this Section to a bulk manufacturer of a controlled substance in schedule I or II and prior to issuing a registration under 21 U.S.C. 952(a)(2) authorizing the importation of such a substance, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. Therefore, in accordance with Title 21 Code of Federal Regulations (CFR), 1301.34(a), this is notice that on August 23, 2007, Formulation Technologies LLC., 11400 Burnet Road, Suite 4010, Austin, Texas 78758, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of Fentanyl (9801), a basic class of controlled substance listed in schedule II. The company plans to import the listed controlled substance for clinical trials, research, analytical purposes, and distribution to its customers. Any bulk manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic class of controlled substance may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47. Any such comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, VA 22152; and must be filed no later than December 17, 2007. This procedure is to be conducted simultaneously with, and independent of, the procedures described in 21 CFR 1301.34(b), (c), (d),
(e)and (f). As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745-46), all applicants for registration to import a basic class of any controlled substances in schedule I or II are and will continue to be required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and
(f)are satisfied. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22496 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36727-36728), Aldrich Chemical Company, Inc., DBA Isotec, 3858 Benner Road, Miamisburg, Ohio 45342, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Cathinone
(1235)I Methcathinone
(1237)I N-Ethylamphetamine
(1475)I N,N-Dimethylamphetamine
(1480)I Aminorex
(1585)I Gamma Hydroxybutyric Acid
(2010)I Methaqualone
(2565)I Ibogaine
(7260)I Lysergic acid diethylamide
(7315)I Tetrahydrocannabinols
(7370)I Mescaline
(7381)I 2,5-Dimethoxyamphetamine
(7396)I 3,4-Methylenedioxyamphetamine
(7400)I 3,4-Methylenedioxy-N-ethylamphetamine
(7404)I 3,4-Methylenedioxymethamphetamine
(7405)I 4-Methoxyamphetamine
(7411)I Psilocybin
(7437)I Psilocyn
(7438)I N-Ethyl-1-phenylcyclohexylamine
(7455)I Dihydromorphine
(9145)I Normorphine
(9313)I Acetylmethadol
(9601)I Alphacetylmethadol except levo-alphacetylmethadol
(9603)I Normethadone
(9635)I Norpipanone
(9636)I 3-Methylfentanyl
(9813)I Amphetamine
(1100)II Methamphetamine
(1105)II Methylphenidate
(1724)II Amobarbital
(2125)II Pentobarbital
(2270)II Secobarbital
(2315)II 1-Phenylcyclohexylamine
(7460)II Phencyclidine
(7471)II Phenylacetone
(8501)II 1-Piperidinocyclohexanecarbonitrile
(8603)II Cocaine
(9041)II Codeine
(9050)II Dihydrocodeine
(9120)II Oxycodone
(9143)II Hydromorphone
(9150)II Benzoylecgonine
(9180)II Ethylmorphine
(9190)II Hydrocodone
(9193)II Isomethadone
(9226)II Meperidine
(9230)II Meperidine intermediate-A
(9232)II Meperidine intermediate-B
(9233)II Methadone
(9250)II Methadone intermediate
(9254)II Dextropropoxyphene, bulk, (non-dosageforms)
(9273)II Morphine
(9300)II Thebaine
(9333)II Levo-alphacetylmethadol
(9648)II Oxymorphone
(9652)II Fentanyl
(9801)II The company plans to manufacture small quantities of the listed controlled substances to produce isotope labeled standards for drug testing and analysis. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Aldrich Chemical Company, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Aldrich Chemical Company, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22475 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this Section to a bulk manufacturer of a controlled substance in schedule I or II and prior to issuing a registration under 21 U.S.C. 952(a)(2) authorizing the importation of such a substance, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. Therefore, in accordance with Title 21 Code of Federal Regulations (CFR), 1301.34(a), this is notice that on October 5, 2007, JFC Technologies LLC., 100 West Main Street, P.O. Box 669, Bound Brook, New Jersey 08805, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of Meperidine intermediate-B (9233), a basic class of controlled substance listed in schedule II. The company plans to import the basic class of controlled substance for the production of controlled substances for clinical trials, research, analytical purposes, and distribution to its customers. Any bulk manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic class of controlled substance may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47. Any such comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, VA. 22152; and must be filed no later than December 17, 2007. This procedure is to be conducted simultaneously with, and independent of, the procedures described in 21 CFR 1301.34(b), (c), (d),
(e)and (f). As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745-46), all applicants for registration to import a basic class of any controlled substances in schedule I or II are and will continue to be required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and
(f)are satisfied. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22488 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on September 24, 2007, JFC Technologies, LLC., 100 W. Main Street, Bound Brook, New Jersey 08805, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule II: Drug Schedule Diphenoxylate
(9170)II Hydrocodone
(9193)II The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, VA 22152; and must be filed no later than January 15, 2008. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22520 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 3, 2007, (72 FR 36482), Johnson Matthey Inc., Custom Pharmaceuticals Department, 2003 Nolte Drive, West Deptford, New Jersey 08066-1742, made application by letter to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule II: Drug Schedule Cocaine
(9041)II Ecgonine
(9180)II The company plans on producing cocaine for sale to its customers, who are final dosage manufacturers. The ecgonine is formed during the manufacturing process for cocaine. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Johnson Matthey Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Johnson Matthey Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22478 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36727), Abbott Laboratories, DBA Knoll Pharmaceutical Company, 30 North Jefferson Road, Whippany, New Jersey 07981, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Dihydromorphine
(9145)I Hydromorphone
(9150)II The company plans to manufacture bulk product and dosage units for distribution to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Abbott Laboratories to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Abbott Laboratories to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22476 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36729-36730), Lin Zhi International Inc., 687 North Pastoria Avenue, Sunnyvale, California 94085, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Tetrahydrocannabinols
(7370)I 3,4-Methylenedioxymethamphetamine
(7405)I Cocaine
(9041)II Oxycodone
(9143)II Hydrocodone
(9193)II Methadone
(9250)II Dextropropoxyphene, bulk,
(9273)II Morphine
(9300)II The company plans to manufacture the listed controlled substances as bulk reagents for use in drug abuse testing. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Lin Zhi International, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Lin Zhi International, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22479 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 3, 2007, (72 FR 36483), Lonza Riverside, 900 River Road, Conshohocken, Pennsylvania 19428, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Gamma hydroxybutyric acid
(2010)I Amphetamine
(1100)II Methylphenidate
(1724)II The company plans to manufacture bulk products for finished dosage units and distribution to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Lonza Riverside to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Lonza Riverside to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above-named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22485 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on September 5, 2007, National Center for Natural Products Research—NIDA MProject, University of Mississippi, 135 Coy Waller Lab Complex, University, Mississippi 38677, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I: Drug Schedule Marihuana
(7360)I Tetrahydrocannabinols
(7370)I The company plans to cultivate marihuana for the National Institute on Drug Abuse for research approved by the Department of Health and Human Services. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, VA 22152; and must be filed no later than January 15, 2008. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22518 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36730), Rhodes Technologies, 498 Washington Street, Coventry, Rhode Island 02816, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Tetrahydrocannabinols
(7370)I Methylphenidate
(1724)II Codeine
(9050)II Dihydrocodeine
(9120)II Oxycodone
(9143)II Hydromorphone
(9150)II Hydrocodone
(9193)II Thebaine
(9333)II Oxymorphone
(9652)II Noroxymorphone
(9668)II Fentanyl
(9801)II The company plans to manufacture the listed controlled substances in bulk for conversion and sale to dosage form manufacturers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Rhodes Technologies to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Rhodes Technologies to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22487 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36730), Siegfried (USA), Inc., Industrial Park Road, Pennsville, New Jersey 08070, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Dihydromorphine
(9145)I Amphetamine
(1100)II Methylphenidate
(1724)II Amobarbital
(2125)II Pentobarbital
(2270)II Secobarbital
(2315)II Glutethimide
(2550)II Codeine
(9050)II Oxycodone
(9143)II Hydromorphone
(9150)II Hydrocodone
(9193)II Methadone
(9250)II Methadone intermediate
(9254)II Dextropropoxyphene, bulk (non-dosage forms)
(9273)II Morphine
(9300)II Oxymorphone
(9652)II The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Siegfried (USA), Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Siegfried (USA), Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22493 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated June 26, 2007, and published in the **Federal Register** on July 5, 2007, (72 FR 36730-36731), Sigma Aldrich Research Biochemicals, Inc., 1-3 Strathmore Road, Natick, Massachusetts 01760, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug Schedule Cathinone
(1235)I Methcathinone
(1237)I Aminorex
(1585)I Alpha-ethyltryptamine
(7249)I Lysergic acid diethylamide
(7315)I Tetrahydrocannabinols
(7370)I 4-Bromo-2,5-dimethoxyamphetamine
(7391)I 4-Bromo-2,5-dimethoxyphenethylamine
(7392)I 2,5-Dimethoxyamphetamine
(7396)I 3,4-Methylenedioxyamphetamine
(7400)I N-Hydroxy-3,4-methylenedioxyamphetamine
(7402)I 3,4-Methylenedioxy-N-ethylamphetamine
(7404)I 3,4-Methylenedioxymethamphetamine
(7405)I 1-[1-(2-Thienyl)cyclohexyl]piperidine
(7470)I 1-Benzylpiperazine
(7493)I Heroin
(9200)I Normorphine
(9313)I Amphetamine
(1100)II Methamphetamine
(1105)II Nabilone
(7379)II 1-Phenylcyclohexylamine
(7460)II Phencyclidine
(7471)II Cocaine
(9041)II Codeine
(9050)II Diprenorphine
(9058)II Ecgonine
(9180)II Levomethorphan
(9210)II Levorphanol
(9220)II Meperidine
(9230)II Metazocine
(9240)II Methadone
(9250)II Morphine
(9300)II Thebaine
(9333)II Levo-alphacetylmethadol
(9648)II Carfentanil
(9743)II Fentanyl
(9801)II The company plans to manufacture reference standards. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Sigma Aldrich Research Biochemicals, Inc. to manufacture the listed basic class of controlled substance is consistent with the public interest at this time. DEA has investigated Sigma Aldrich Research Biochemicals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: November 5, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22497 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Registration By Notice dated April 17, 2007 and published in the **Federal Register** on April 30, 2007, (72 FR 21298-21299), Stepan Company, Natural Products Department, 100 W. Hunter Avenue, Maywood, New Jersey 07607, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of Coca Leaves (9040), a basic class of controlled substance listed in schedule II. The company plans to import the listed controlled substance for the manufacture of a bulk controlled substance for distribution to its customer. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Stepan Company to import the basic class of controlled substance is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971, at this time. DEA has investigated Stepan Company to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic class of controlled substance listed. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22507 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this Section to a bulk manufacturer of a controlled substance in schedule I or II and prior to issuing a registration under 21 U.S.C. 952(a)(2) authorizing the importation of such a substance, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. Therefore, in accordance with Title 21 Code of Federal Regulations (CFR), 1301.34(a), this is notice that on August 9, 2007, Tocris Cookson, Inc., 16144 Westwoods Business Park, Ellisville, Missouri 63021, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of the basic classes of controlled substances listed in schedule I: Drug Schedule Marihuana
(7360)I Tetrahydrocannabinols
(7370)I The company plans to import the above listed synthetic products for non-clinical laboratory based research only. Any bulk manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic classes of controlled substances may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47. Any such comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), Washington, DC 20537, or any being sent via express mail should be sent to Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 2401 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than December 17, 2007. This procedure is to be conducted simultaneously with, and independent of, the procedures described in 21 CFR 1301.34(b), (c), (d),
(e)and (f). As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745-46), all applicants for registration to import a basic class of any controlled substances in schedule I or II are and will continue to be required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and
(f)are satisfied. Dated: November 6, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7-22503 Filed 11-15-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,329] Honeywell Sensing and Control, ACS Division, Including On-Site Leased Workers From Manpower, Westaff and Ad-Vance Personnel, Sarasota, FL; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on October 26, 2007, applicable to workers of Honeywell Sensing and Control, ACS Division, including on-site leased workers from Manpower, Sarasota, Florida. The notice was published in the **Federal Register** on November 6, 2007 (72 FR 62682). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of speed, direction, and position sensors for the aerospace, industrial and transportation industries. New information shows that leased workers of Westaff and Ad-Vance Personnel were employed on-site at the Sarasota, Florida, location of Honeywell Sensing and Control, ACS Division. The Department has determined that these workers were sufficiently under the control of Honeywell Sensing and Control, ACS Division to be considered leased workers. Based on these findings, the Department is amending this certification to include leased workers of Westaff and Ad-Vance Personnel working on-site at the Sarasota, Florida, location of the subject firm. The intent of the Department's certification is to include all workers employed at Honeywell Sensing and Control, ACS Division, Sarasota, Florida, who were adversely impacted by a shift in production of speed, direction, and position sensors to Mexico. The amended notice applicable to TA-W-62,329 is hereby issued as follows: All workers of Honeywell Sensing and Control, ACS Division, including on-site leased workers of Manpower, Westaff and Ad-Vance Personnel, Sarasota, Florida, who became totally or partially separated from employment on or after October 17, 2006, through October 26, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 8th day of November 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-22407 Filed 11-15-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,867] Non-Metallic Components, Inc., Rib Lake, WI; Notice of Affirmative Determination Regarding Application for Reconsideration By application postmarked October 17, 2007, the petitioner requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The denial notice was signed on September 19, 2007 and published in the **Federal Register** on October 3, 2007 (72 FR 56385). The initial investigation resulted in a negative determination based on the finding that imports of custom injection molded plastic parts did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. In the request for reconsideration, the petitioner provided additional information regarding the subject firm's customer. The Department has reviewed the workers' request for reconsideration and the existing record, and has determined that an administrative review is appropriate. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed in Washington, DC, this 8th day of November, 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-22408 Filed 11-15-07; 8:45 am] BILLING CODE 4510-FN-P NATIONAL SCIENCE FOUNDATION Business and Operations Advisory Committee; Notice of Meeting In accordance with Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting: *Name:* Business and Operations Advisory Committee (9556). *Date/Time* : November 29, 2007; 1 p.m. to 5:45 p.m. (EST); November 30, 2007; 8 a.m. to 12 p.m. (EST). *Place:* National Science Foundation, 4201 Wilson Boulevard, Room 1235. *Type of Meeting:* Open. *Contact Person:* Patty Balanga, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230
(703)292-8100. *Purpose of Meeting:* To provide advice concerning issues related to the oversight, integrity, development and enhancement of NSF's business operations. *Agenda: November 29, 2007: p.m.:* Welcome/Introductions; Presentation and Discussion—Office of Legislative and Public Affairs; Presentation and Discussion—Impact of Proposal Award and Management Mechanisms; Updates—Office of Information and Resource Management & Office of Budget, Finance, and Award Management activities; Presentation and Discussion—Broadening Participation Working Group. *November 30, 2007: a.m.:* Presentation—Total Business System Review Subcommittee Update; Presentation and Discussion—Stewardship Goals and Measures; Committee Discussion; Meeting with NSF Director; Committee Discussion/Wrap-Up. Dated: November 13, 2007. Susanne Bolton, Committee Management Officer. [FR Doc. E7-22403 Filed 11-15-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 52-011] Southern Nuclear Operating Company; Supplementary Notice of Hearing and Opportunity To Petition for Leave To Intervene on an Early Site Permit for the VOGTLE ESP Site This proceeding concerns the application dated August 14, 2006, filed by Southern Nuclear Operating Company (SNC, the Applicant), pursuant to subpart A of 10 CFR part 52 for an early site permit (ESP). The ESP application seeks approval for use of the existing Vogtle Electric Generating Plant site near Waynesboro, Georgia, for the possible construction of two new nuclear reactors. On October 12, 2006, a notice of hearing and opportunity for leave to intervene was published by the United States Nuclear Regulatory Commission (NRC, the Commission) in the **Federal Register** (71 FR 60195) in this proceeding. That notice specified that the Director, Office of Nuclear Regulator Regulation, NRC, will propose findings on issues pursuant to the Atomic Energy Act of 1954, as Amended, and the National Environmental Policy Act of 1969, as Amended (NEPA). The notice also specified the scope of the hearing to be conducted by the designated Atomic Safety and Licensing Board (Board) and provided an opportunity for persons whose interests may be affected by the proceeding to petition for leave to intervene. In response to the notice of hearing and opportunity to petition for leave to intervene, on December 11, 2006, the Center for a Sustainable Coast, Savannah Riverkeeper, Southern Alliance for Clean Energy, Atlanta Women's Action for New Directions, and Blue Ridge Environmental Defense League (collectively the Joint Petitioners) filed a timely request for hearing and petition to intervene contesting the SNC ESP application. On December 13, 2006, the Commission referred the petition to the Atomic Safety and Licensing Board Panel to conduct any subsequent adjudication. On December 15, 2006, the Chief of the Atomic Safety and Licensing Board Panel designated, for the purpose of conducting the proceeding, the following Board, G. Paul Bollwerk, III (Chair), Dr. Nicholas G. Trikouros, and Dr. James Jackson (71 FR 77071; December 22, 2006). In a March 12, 2007, issuance, finding that each of the Joint Petitioners had established the requisite standing to intervene in this proceeding and that they had submitted two admissible contentions concerning the SNC ESP application, the Board admitted them as parties to this proceeding. *See* Southern Nuclear Operating Co. (Early Site Permit for Vogtle ESP Site), LBP-07-3, 65 NRC 237 (2006). On August 16, 2007, SNC submitted to the NRC a supplement to its ESP application requesting authorization to engage in selected construction activities as defined by 10 CFR 50.10. As described by SNC, these activities would generally involve the “placement of engineered backfill and preparation of the Nuclear Island foundation base slab forms and reinforcing steel.” In light of the request for this additional authorization, the Commission herein supplements the findings and considerations set forth in the original notice of hearing on October 12, 2006, as follows: The NRC staff will complete a detailed technical review of the application, including the supplement requesting authority to perform selected construction activities as defined by 10 CFR 50.10, and will document its findings in a safety evaluation report
(SER)and an environmental impact statement (EIS). In addition, the Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards
(ACRS)in accordance with 10 CFR 52.23, and the ACRS will report on those portions of the application that concern safety. In addition to the findings set forth in the initial notice of hearing, upon receipt of the ACRS report and completion of the NRC staff's SER and EIS, the Director, Office of New Reactors, NRC, will propose findings on the following additional issues: Supplementary Issues Pursuant to the Atomic Energy Act of 1954, as Amended
(1)Whether the applicable standards and requirements of the Act, and the Commission's regulations applicable to the activities for which the Applicant seeks authorization have been met (Safety Issue 3);
(2)whether the Applicant is technically qualified to engage in the activities authorized (Safety Issue 4); and
(3)whether issuance of the ESP, granting the Applicant's requested authorization, will provide reasonable assurance of adequate protection to public health and safety and will not be inimical to the common defense and security (Safety Issue 5). Supplementary Issue Pursuant to the National Environmental Policy Act
(NEPA)of 1969, as Amended Whether, in accordance with the requirements of subpart A of 10 CFR part 51, the ESP should authorize the Applicant to conduct the requested construction activities. If, as related to the additional issues outlined above, the hearing is contested as defined by 10 CFR 2.4, the Board, in addition to the directions in the original notice of hearing, will consider Safety Issues 3, 4, and 5 and the issue pursuant to NEPA set forth above. If, as to the additional issues outlined above, the hearing is not a contested proceeding as defined in 10 CFR 2.4, the Board, in addition to the direction given in the original notice of hearing, will determine without conducting a de novo review: Whether the application and the record of the proceeding contain sufficient information, and the review of the application by the Commission's staff has been adequate to support affirmative findings on Safety Issues 3, 4, and 5, as proposed to be made by the Director, Office of New Reactors; and whether the review conducted by the Commission staff pursuant to NEPA has been adequate. Regardless of whether the proceeding is contested or uncontested, the Board, in addition to complying with the provisions of the original notice of hearing, will:
(1)Determine whether the requirements of section 102(2)(A), (C), and
(E)of NEPA and subpart A of 10 CFR part 51 have been met, with respect to the activities to be authorized;
(2)independently consider the balance among the conflicting factors with respect to the activities to be authorized which is contained in the record of the proceeding, with a view to determining the appropriate action to be taken; and
(3)determine whether the redress plan submitted by the Applicant will adequately redress the activities to be authorized. In accordance with 10 CFR 2.309, any person whose interest may be affected by this proceeding and who desires to participate as a party with respect to the supplementary issues must file a written petition for leave to intervene and must specify the contentions which the person seeks to have litigated in the hearing. A petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding, provided however parties that have already been admitted to the proceeding not need address the factors enumerated in 10 CFR 2.309(d)(1)-(2). If not already a party to the proceeding, the petition must specifically state:
(1)The name, address and telephone number of the petitioner;
(2)the nature of the petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the petitioner's property, financial or other interest in the proceeding; and
(4)the possible effect of any decision or order that may be issued in the proceeding on the petitioner's interest. Each contention must contain a specific statement of the issue of law or fact to be raised or controverted. A petitioner must also provide the following information with respect to each contention:
(1)A brief explanation of the basis for the contention;
(2)a concise statement of the alleged facts or expert opinions which support the petitioner's position on the issue and on which the petitioner intends to rely at hearing, together with references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue; and
(3)sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant's environmental report and safety report) that the petitioner disputes and the supporting reasons for each dispute, or, if the petitioner believes that the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the petitioner's belief. For each contention, the petition must demonstrate that the issue raised in the contention is within the scope of this proceeding and that the issue raised in the contention is material to the findings the NRC must make to support the action that is involved in this proceeding. A petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. A petition for leave to intervene must be filed in accordance with the December 15, 2006, issuance of the Chief of the Atomic Safety and Licensing Board Panel establishing procedures for submitting documents using the NRC Electronic Information Exchange or E-Submittal process. The accession number for the issuance is ML063520200. The issuance is also available through the NRC's electronic hearing docket which is available to the public at *http://ehd.nrc.gov/EHD_Proceeding/home.asp.* If any new participant to this proceeding believes they are unable to participate in this proceeding utilizing the electronic document formatting and/or filing processes outlined in the December 15, 2006, issuance, they may file a request for an exemption from the Licensing Board in conjunction with its first filing in this proceeding. Pursuant to the December 15, 2006, issuance, the provisions of 10 CFR 2.302(g)(2) and
(3)of the Commission's proposed rule on electronic document filing and formatting shall govern such an exemption request (70 FR 74950, 74960; December 16, 2005). Such filings must be submitted by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or
(2)courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. All such petitions must be filed no later than 60 days from the date of publication of this notice in the **Federal Register** . Non-timely filings will not be entertained absent a determination by the Board that the petition should be granted based upon a balancing of the factors specified in 10 CFR 2.309(c)(i)-(viii). This supplementary notice does not affect the status of any person previously admitted as a party to this proceeding or provide any additional opportunity to any person to intervene on the basis of, or to raise matters encompassed within, the issues specified for hearing in the original notice of hearing published in the **Federal Register** on October 12, 2006 (71 FR 60195). A copy of the SNC ESP application is available for public inspection at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records are accessible from the Agency-wide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* The accession number for the application is ML071710055. The accession number for the August 16, 2007, supplement to the application is ML072330242. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room staff by telephone at 1-800-397-4209,
(301)415-4737 or by e-mail to *pdr@nrc.gov.* The application is also available to local residents at the Burke County Library in Waynesboro, Georgia, and is available on the NRC Web page at *http://www.nrc.gov/reactors/new-licensing/esp/vogtle.html.* Dated at Rockville, Maryland, this 9th day of November 2007. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E7-22413 Filed 11-15-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”) AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative (“USTR”) is providing notice that pursuant to a request of the European Communities, the Dispute Settlement Body of the World Trade Organization (“WTO”) has established a compliance panel under the *Marrakesh Agreement Establishing the World Trade Organization* (“WTO Agreement”) concerning the dispute *United States—Laws, Regulations and Methodology for Calculating Dumping Margins (“zeroing”)—Recourse to Article 21.5 of the DSU by the European Communities.* That request may be found at *http://www.wto.org* contained in a document designated as WT/DS294/25. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the dispute settlement proceeding, comments should be submitted on or before December 21, 2007. ADDRESSES: Comments should be submitted
(i)electronically, to *FR0715@ustr.eop.gov,* *Attn:* “EC Zeroing (21.5)” in the subject line, or
(ii)by fax, to Sandy McKinzy at 202-395-3640, with a confirmation copy sent electronically to the e-mail address above. FOR FURTHER INFORMATION CONTACT: Elizabeth V. Baltzan, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508,
(202)395-3582. SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has established, at the request of the EC, a dispute settlement compliance panel pursuant to the WTO *Understanding on Rules and Procedures Governing the Settlement of Disputes* (DSU). Such panel will hold any hearing in Geneva, Switzerland. It is possible that the public will be able to observe the hearing of the panel. If so, then USTR would intend to provide notice on USTR's Web site (under “Opportunities to View Dispute Settlement Hearings” on the Web page *http://www.ustr.gov/Trade_Agreements/Monitoring_Enforcement/Dispute_Settlement/WTO/Section_Index.html* ) of the public hearing and the means by which the public may observe. Major Issues Raised by the EC In the European Communities' (the “EC”) request for the establishment of a panel in connection with the dispute *United States—Laws, Regulations and Methodology for Calculating Dumping Margins (“zeroing”)—Recourse to Article 21.5 of the DSU by the European Communities,* the EC challenges the following: • The consistency with Articles 17.14 and 21 of the DSU of the dates of entry into force of the SeCtion 129 determinations issued by the Department of Commerce to comply with the recommendations and rulings of the original proceeding; • The alleged failure to eliminate “zeroing” in 16 administrative reviews found, in the original proceeding, to be inconsistent with U.S. WTO obligations; the EC alleges that the failure to eliminate “zeroing” in these reviews is a breach of Articles 2, 9.3, and 11 of the Antidumping Agreement and Article VI:2 of the GATT 1994; • An alleged miscalculation with respect to one determination; • With respect to all measures identified in the request, the alleged imposition, collection, or liquidation of antidumping duties “inflated” by “zeroing” beyond April 9, 2007; • The increase in the “all-others” rate in connection with two determinations; • With respect to original investigations in which the recalculation of dumping margins led to the conclusion that some exporters were not dumping or had *de minimis* margins, the failure to establish whether the remaining amount of dumped imports was causing injury to the domestic industry and whether the volume of dumped imports was not negligible; and • The continued use of zeroing in the reviews related to the measures in question. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons submitting comments may either send one copy by fax to Sandy McKinzy at
(202)395-3640, or transmit a copy electronically to *FR0715@ustr.eop.gov,* with “EC Zeroing (21.5)” in the subject line. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to the electronic mail address listed above. USTR encourages the submission of documents in Adobe PDF format, as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such and the submission must be marked “BUSINESS CONFIDENTIAL” at the top and bottom of the cover page and each succeeding page of the submission. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitting person believes that information or advice may qualify as such, the submitting person—
(1)Must clearly so designate the information or advice;
(2)Must clearly mark the material as “SUBMITTED IN CONFIDENCE” at the top and bottom of each page of the cover page and each succeeding page; and
(3)Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; for the dispute settlement compliance panel or in the event of an appeal from such a panel, the U.S. submissions; the submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel; and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket No. WT/DS-294) may be made by calling the USTR Reading Room at
(202)395-6186. The USTR Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. Daniel E. Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E7-22451 Filed 11-15-07; 8:45 am] BILLING CODE 3190-W8-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56779; File No. S7-26-07] Notice of Application of the National Association of Realtors for Exemptive Relief Under Sections 15 and 36 of the Exchange Act and Request for Comment November 9, 2007 The National Association of Realtors® (“NAR”) has requested an exemption pursuant to sections 15(a)(2) and 36(a) of the Securities Exchange Act of 1934 (“Exchange Act”) from the broker-dealer registration requirements of section 15(a)(1) and the reporting and other requirements of the Exchange Act (other than sections 15(b)(4) and 15(b)(6)), and the rules and regulations thereunder, that apply to a broker or dealer that is not registered with the Commission. Subject to the conditions specified in NAR's application (“Application”) and discussed below, the requested exemption would permit a licensed real estate agent or broker who is predominantly engaged in and has substantial experience in the commercial real estate market and the real estate brokerage firm with which such agent or broker is licensed to receive compensation in the form described below for the sale of a TIC Security, as defined below. In order to provide an opportunity for interested persons to comment on the Application, the Commission is publishing this notice and request for comment pursuant to Rule 0-12 under the Exchange Act. The Commission will carefully consider all comments submitted, and, should it determine to issue an exemption, could eliminate or add to, or modify, the conditions discussed below. Background Section 15(a)(1) of the Exchange Act generally requires any broker or dealer who makes use of the mails or any instrumentality of interstate commerce to effect transactions in, or induce the purchase or sale of, any security to register with the Commission. Section 3(a)(4)(A) of the Exchange Act generally defines a “broker” as “any person engaged in the business of effecting transactions in securities for the account of others.” Absent an exemption, a licensed real estate agent or real estate broker who receives compensation for the sale of a TIC Security would be required to be registered as a broker with the Commission or to be a registered associated person of a registered broker-dealer. Similarly, a real estate brokerage firm that receives compensation for the sale of a TIC Security would be required to register as a broker-dealer. Section 15(a)(2) of the Exchange Act authorizes the Commission to conditionally or unconditionally exempt from the broker-dealer registration requirements of section 15(a)(1) any broker or dealer or class of brokers or dealers, by rule or order, as it deems consistent with the public interest and the protection of investors. 1 Similarly, but more broadly, section 36 of the Exchange Act authorizes the Commission to conditionally or unconditionally exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision or provisions of the Exchange Act or any rule or regulation thereunder, by rule, regulation, or order, to the extent that such exemption is necessary or appropriate in the public interest, and is consistent with the protection of investors. 2 1 *See* 15 U.S.C. 78 *o* (a)(2). 2 *See* 15 U.S.C. 78mm. Summary of the Application NAR requests an exemption to allow any licensed real estate agent or broker who is predominantly engaged in and has substantial experience 3 in the sale of commercial real estate 4 (“Commercial Real Estate Professional”) and the real estate brokerage firm with which he or she is licensed (“Real Estate Firm”) (collectively, a “RE Participant”) to receive a real estate advisory fee (“Real Estate Advisory Fee”) from a purchaser of an undivided tenant-in-common interest in real property (“TIC Interest”) 5 that is offered and sold together with other arrangements that cause it to be deemed to be a security under the federal securities laws (“TIC Security”). 6 3 The Application defines “substantial experience” to mean a Commercial Real Estate Professional who
(1)has received a Certified Commercial Investment Member designation from the Commercial Investment Real Estate Institute, a designation from the Society of Industrial and Office REALTORS®, or an Accredited Land Consultant designation from the REALTORS® Land Institute;
(2)has education and transaction experience that is equivalent to those required to obtain those designations; or
(3)has participated in at least five commercial real estate transactions having an aggregate value of at least $3 million in the prior five years or at least 10 commercial real estate transactions having an aggregate value of at least $10 million in the prior 10 years, including 3 transactions in the prior 3 years. Alternatively, the Application provides that a Commercial Real Estate Professional will satisfy the “substantial experience” requirement based on a combination of at least two of the following factors: education in commercial real estate; the length of time during which the person has engaged in commercial real estate transactions; the dollar value of commercial real estate transactions in which the individual has participated; and the number of commercial real estate transactions in which the individual has participated. 4 For purposes of the Application, “commercial real estate” includes all real estate categories other than single-family and one- to four-unit residential dwellings, including office, retail, raw land, multifamily ( *i.e.* , greater than four dwellings), industrial and others. It does not include TIC Securities. 5 TIC Interests are generally offered as a replacement property to individuals seeking to complete tax-deferred exchange transactions pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended. 6 TIC Securities are sold by a sponsor through a registered broker-dealer acting as a placement agent (“Lead Placement Agent”). Such Lead Placement Agent may be the sole distributor of the TIC Securities or may enter into an agreement with one or more other registered broker-dealers to sell the TIC Securities as participating brokers (each, a “Selling Broker-Dealer”). A Lead Placement Agent also may act as a Selling Broker-Dealer. Under NAR's exemptive request, a Real Estate Advisory Fee could be paid by the purchaser directly or on behalf of the purchaser by the sponsor or issuer of the TIC Security, which could, thereby, reduce the commission or other compensation received by a registered broker-dealer involved in the TIC Security transaction. The Real Estate Advisory Fee generally would be paid to the Real Estate Firm with which the Commercial Real Estate Professional is licensed. The Firm would distribute all or a previously agreed upon percentage of the Real Estate Advisory Fee to the Commercial Real Estate Professional that signed a buyer's agent agreement with the client and to any other Commercial Real Estate Professional or Real Estate Firm that was added to the agreement with the consent of the client. As proposed by NAR, in order for any Commercial Real Estate Professional or any Real Estate Firm with which such person is licensed to receive or share in a Real Estate Advisory Fee in reliance on the requested exemption, the Commercial Real Estate Professional, the Real Estate Firm, the Selling Broker-Dealer and the Lead Placement Agent for the TIC Security transaction would comply with the following conditions, as applicable:
(1)General Conditions a. A Real Estate Advisory Fee shall only be paid to or shared with a Commercial Real Estate Professional who is predominantly engaged in sales of real estate other than TIC Securities, has substantial experience in commercial real estate, 7 is appropriately licensed in compliance with the applicable state real estate laws, and is identified in the buyer's agent agreement (as further described below) with the client. 8 7 *See* note 3. 8 Although not proposed as a condition to NAR's requested exemption, NAR states in its application that it “believes” the buyer's agent agreement “should include” a representation that the Commercial Real Estate Professional who receives or shares a Real Estate Advisory Fee has substantial experience in commercial real estate. b. Each client of the RE Participant purchasing a TIC Security must receive at closing a deed representing his or her undivided fractional interest in the TIC Security property and the TIC Security must qualify as a “replacement property” for purposes of an IRC section 1031 exchange, regardless of whether the client is purchasing the TIC Security for that purpose. c. The TIC Security transaction must be effected through a registered broker-dealer.
(2)Buyer's Agent Agreement and Introduction to Selling Broker-Dealer a. Prior to the Commercial Real Estate Professional discussing a specific TIC Security property with his or her client, the client must enter into a written buyer's agent agreement with the RE Participant, which shall obligate the RE Participant to solely represent the client in connection with the purchase of a TIC Security. b. The buyer's agent agreement must identify any other RE Participant who is to receive or share in the Real Estate Advisory Fee and any such other RE Participant may only be added to the buyer's agent agreement with the consent of the client. c. The buyer's agent agreement must state the aggregate maximum amount of the Real Estate Advisory Fee to be paid by the client to all RE Participants, including any RE Participant that is added to the agreement, which shall be expressed as either a fixed dollar amount or as a dollar amount that is determined in accordance with a predetermined formula ( *e.g.* , a fixed percentage of the property's full purchase price or a fixed percentage of the cash paid for the property). d. The aggregate maximum amount of Real Estate Advisory Fee that is actually paid by the client to all RE Participants, including any RE Participant that is added to the buyer's agent agreement, will not exceed the amount of the contracted Real Estate Advisory Fee even if the client, the sponsor, or another person is willing to pay a higher fee. e. The Commercial Real Estate Professional may discuss the real estate characteristics of a TIC Security property with the client and arrange for the client to inspect a TIC Security property and any other non-securities property before introducing the client to the Selling Broker-Dealer, but shall arrange such introduction upon the client advising the Commercial Real Estate Professional that he or she is considering the purchase of a specific TIC Security property.
(3)Restrictions on Conduct of the RE Participant A RE Participant that, directly or indirectly, receives a portion of a Real Estate Advisory Fee will not: a. List or otherwise advertise the availability of TIC Securities or advertise that the RE Participant represents clients in connection with the purchase of TIC Securities; b. Share a Real Estate Advisory Fee with any person not permitted to receive such Fee under the requested exemption; c. Handle customer funds or securities in a TIC Security transaction; d. Negotiate the terms and conditions of the purchase of any TIC Security on behalf of the client with a broker-dealer or sponsor selling a TIC Security or have any power to bind the client in the TIC Security transaction, but may transmit documents and information between the parties and may attend meetings between the Lead Placement Agent, Selling Broker-Dealer, and the sponsor and the client (solely in order to assist the client); e. Represent the client as a “purchaser representative,” as defined in Rule 501(h) of the Securities Act of 1933; f. Participate in the structuring of a TIC Security investment offered to the client; g. Have the authority to close a purchase of a TIC Security on a client's behalf; or h. Assist a client that purchases a TIC Security to obtain financing, except to provide a list of potential lenders.
(4)Other Obligations of the RE Participant a. The RE Participant must deliver a copy of the executed buyer's agent agreement to the Lead Placement Agent at closing. b. Any Commercial Real Estate Professional that is to receive, directly or indirectly, a portion of a Real Estate Advisory Fee must not be subject to any “statutory disqualification,” as that term is defined in section 3(a)(39) of the Exchange Act (other than subparagraph
(E)of that section), and will deliver a representation in writing to that effect to the Lead Placement Agent at closing. To the extent the statutory disqualification representation is included in the buyer's agent agreement, it must be updated at closing with respect to each Commercial Real Estate Professional that may, directly or indirectly, receive any portion of a Real Estate Advisory Fee.
(5)Obligations of the Selling Broker-Dealer and Lead Placement Agent a. Before the TIC Security transaction is effected, the Selling Broker-Dealer must perform a suitability analysis of the TIC Security transaction in accordance with the rules of the Selling Broker-Dealer's applicable self-regulatory organization (“SRO”) as if the Selling Broker-Dealer had recommended the TIC Security transaction and must deliver a representation in writing to that effect to the Lead Placement Agent at closing or, if the Selling Broker-Dealer is the Lead Placement Agent, must make a representation in writing to that effect at closing. b. The Selling Broker-Dealer will inform the customer if the Selling Broker-Dealer determines that the TIC Security transaction to be effected for the customer is not suitable under the rules of the Selling Broker-Dealer's applicable SRO, and will not effect the TIC Security transaction unless it obtains the customer's written affirmation that the customer wants to proceed with the TIC Security transaction notwithstanding the Selling Broker-Dealer's determination. The Selling Broker-Dealer must deliver the written affirmation to the Lead Placement Agent at closing or, if the Selling Broker-Dealer is the Lead Placement Agent, must maintain the written affirmation as specified below. c. The Lead Placement Agent must maintain a copy of each of the documents that is to be made and/or delivered at closing pursuant to the requested exemption ( *i.e.* , the buyer's agent agreement, the statutory disqualification representations, the suitability representation, and, if applicable, the customer's written affirmation), the relevant part of the real estate closing documents that evidences the amount of the Real Estate Advisory Fee paid to any RE Participant involved in the TIC Security transaction, and any other records that are required to be maintained in accordance with the recordkeeping requirements of the federal securities laws for a period of three
(3)years in accordance with Exchange Act Rule 17a-4(f). Summary of Reasons for the Exemption NAR states that the requested exemption would allow a potential purchaser of a TIC Security to benefit from the real estate expertise of a Commercial Real Estate Professional, while receiving necessary protections afforded by federal and state securities laws and regulations. NAR states that the proposed conditions would limit the role of a Commercial Real Estate Professional and Real Estate Firm with which such person is licensed that would receive a Real Estate Advisory Fee. As a result, NAR states that an exemption from registration and regulation of the Commercial Real Estate Professional and the Real Estate Firm with which such person is licensed as a broker-dealer would be appropriate in the public interest and consistent with the protection of investors. NAR has waived its request for confidential treatment and the Application is available on the Commission's Web site ( *http://www.sec.gov/rules/other.shtml* ) and at 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. Request for Comment The Commission invites any person to submit comments or other information that relates to the exemptions requested in the Application, including whether the exemption should be granted, whether the conditions are appropriate, and whether conditions should be added, eliminated, or modified. In particular, the Commission requests comment as to the following: • Is the Application's definition of “substantial experience in commercial real estate” appropriate? Should “substantial experience in commercial real estate” be defined differently? If so, how? • Should a Commercial Real Estate Professional be considered to have “substantial experience in commercial real estate” if he or she meets a combination of two subjective factors (such as education and dollar value of transactions), or should substantial experience only be demonstrated by the specific education or transactional benchmarks enumerated in the Application? • Should the quantitative factors included in the Application's definition of “substantial experience in commercial real estate” be periodically adjusted for inflation? If so, how often and which measure of inflation should be used? • Are there education and experience designations from groups other than those affiliated with NAR that would be appropriate to name specifically as evidencing “substantial experience in commercial real estate”? • Should the exemption include a quantitative threshold to describe when a Commercial Real Estate Professional would be “predominantly engaged” in the sale of real estate other than TIC Securities? If so, what should that threshold be? For example, should 85 percent of the dollar value of a Commercial Real Estate Professional's sales during one or more prior calendar years be in real estate other than TIC securities in order to meet the predominance requirement? • Should the exemption be conditioned on the buyer's agent agreement including a representation that the Commercial Real Estate Professional who receives or shares a Real Estate Advisory Fee has substantial experience in commercial real estate? • Is there a possibility that the exemption, if granted, could create an incentive for Commercial Real Estate Professionals to sell TIC Securities instead of non-security forms of commercial real estate investments to their clients? Are there countervailing factors that would mitigate or neutralize any such incentive? Should the possibility of any such incentive be addressed by one or more conditions, for example, by requiring Commercial Real Estate Professionals to disclose in the buyer's agent agreement the various fees they would receive for selling TIC Securities and non-security forms of commercial real estate investments? Are there other conditions that could address this incentive? • Are the proposed conditions that would impose obligations on registered broker-dealers appropriate? Would they be sufficient to accomplish the desired goals, including maintaining investor protection? Should any be eliminated or modified, or should additional conditions be included? Commenters are invited to suggest conditions and explain their purpose. For further information, contact Catherine McGuire, Chief Counsel; Brian Bussey, Assistant Chief Counsel; or Michael Hershaft, Special Counsel, at
(202)551-5550, Office of Chief Counsel, Division of Market Regulation, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-6628. Submission of Comments Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/other.shtml* ); or • Send an e-mail to rule-comments@sec.gov. Please include File No. S7-26-07 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 No. S7-26-07. 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/other.shtml* ). 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 No. S7-26-07 and should be submitted on or before December 17, 2007. The Commission will take final action on the Application no earlier than December 18, 2007. Paperwork Reduction Act Analysis Certain provisions of the requested exemption contain “collection of information” requirements within the meaning of the Paperwork Reduction Act of 1995. 9 The Commission has submitted these information collections to the Office of Management and Budget (“OMB”) for review in accordance with 44 U.S.C. 3507(c) and 5 CFR 1320.10. These collections of information under the requested exemption are new, and OMB has not yet assigned a control number for them. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. 10 9 44 U.S.C. 3501, *et seq.* 10 44 U.S.C. 3512. A. Delivery of the Buyer's Agent Agreement to the Lead Placement Agent at Closing 1. Collection of Information The requested exemption would be conditioned on the RE Participant delivering a copy of the executed buyer's agent agreement to the Lead Placement Agent at closing. 2. Proposed Use of the Information The proposed buyer's agent agreement is designed to assist in implementing the requested exemption and monitoring for compliance. The proposed delivery requirement is designed to ensure that the Lead Placement Agent has a copy of the buyer's agent agreement in order to comply with its recordkeeping obligations discussed below, which would facilitate monitoring compliance with the requested exemption. 3. Respondents The proposed collection of information would apply to RE Participants who rely on the requested exemption. 4. Reporting and Recordkeeping Burden The Commission estimates that approximately 800 RE Participants 11 would rely on the requested exemption and each RE Participant would, on average, deliver to the Lead Placement Agent a copy of an executed buyer's agent agreement 6.63 times 12 a year. Based on these estimates, the Commission estimates that this requirement would result in approximately 5,304 disclosures 13 per year. The Commission also estimates that a RE Participant would spend approximately five minutes per disclosure to the Lead Placement Agent. Thus, the estimated total annual reporting and recordkeeping burden for this requirement is 442 hours 14 for the RE Participants. 11 Based on discussions with industry participants on the number of registered representatives currently involved in TIC Security transactions, the Commission estimates that approximately 800 Commercial Real Estate Professionals would rely on the requested exemption. Although this collection of information covers RE Participants, which includes Commercial Real Estate Professionals and the real estate brokerage firms with which they are licensed, the Commission expects that the Commercial Real Estate Professionals, and not the firms, would actually fulfill the delivery requirement. 12 Based on discussions with industry representatives, we understand that there were approximately 312 TIC Security offerings in 2006 and approximately 17 participants per offering for a total of 5,304 TIC Security transactions. For purposes of calculating the reporting and recordkeeping burden, the Commission estimates that all TIC Security transactions would be conducted pursuant to the requested exemption. The Commission recognizes that it is highly unlikely that all TIC Security transactions would involve a RE Participant pursuant to the requested exemption in light of the existing broker-dealer sales channel for TIC Securities. However, the Commission does not have sufficient information to estimate participation rates of less than 100 percent, and thus has chosen the most conservative estimate for calculating the reporting and recordkeeping burden. Accordingly, 5,304 TIC Security transactions/800 RE Participants = 6.63. The Commission has rounded its calculation to two decimal places. Assuming a relatively even distribution of transactions among potential respondents, some respondents would deliver to the Lead Placement Agent a copy of an executed buyer's agent agreement six times a year, and others would do so seven times a year. 13 6.63 × 800 = 5,304. 14 5,304 TIC Security transactions × five minutes per transaction = 26,520/60 = 442. 5. Collection of Information is Mandatory This proposed collection of information would be mandatory for RE Participants who rely on the requested exemption. 6. Confidentiality The proposed collection of information would be provided by the RE Participant to the Lead Placement Agent and would be available for inspection by the Commission and the applicable SRO. 7. Record Retention Period The requested exemption does not contain a separate record retention period. 15 15 The Lead Placement Agent, as a registered broker-dealer, would be subject to the record retention provisions of Exchange Act Rule 17a-4. OMB has approved the collection of information related to these record retention provisions. *See* OMB control number 3235-0279. B. Delivery of the Statutory Disqualification Representation at Closing 1. Collection of Information The requested exemption would require any Commercial Real Estate Professional that is to receive, directly or indirectly, a portion of a Real Estate Advisory Fee to not be subject to any “statutory disqualification,” as defined in section 3(a)(39) of the Exchange Act (other than subparagraph
(E)of that section), and to deliver a representation in writing to that effect to the Lead Placement Agent at closing. 16 16 Although the requested exemption would require a Commercial Real Estate Professional to update the “statutory disqualification” representation at closing, if the “statutory disqualification” notice were already included in the buyer's agent agreement, there would be no requirement to include the representation in the buyer's agent agreement. Commercial Real Estate Professionals would have only one “statutory disqualification” representation disclosure requirement per transaction. 2. Proposed Use of the Information The proposed “statutory disqualification” representation would be used in implementing the requested exemption and monitoring its use. The proposed delivery requirement is designed to ensure that the Lead Placement Agent has a copy of the statutory disqualification representation in order to comply with its recordkeeping obligations discussed below, which would facilitate monitoring compliance with the exemption. 3. Respondents The proposed collection of information would apply to Commercial Real Estate Professionals who would receive, directly or indirectly, a portion of a Real Estate Advisory Fee pursuant to the requested exemption. 4. Reporting and Recordkeeping Burden The Commission estimates that approximately 800 Commercial Real Estate Professionals 17 would rely on the requested exemption and each Commercial Real Estate Professional would on average deliver the written statutory disqualification representation 6.63 times 18 a year. Based on these estimates, the Commission anticipates that this requirement would result in 5,304 disclosures 19 per year. The Commission estimates that approximately 95 percent of Commercial Real Estate Professionals would spend approximately five minutes for each representation to the Lead Placement Agent. The Commission also estimates that approximately five percent of Commercial Real Estate Professionals 20 would spend approximately 30 minutes for their first representation to the Lead Placement Agent, 21 and five minutes for each of the 5.63 subsequent representations. Thus, the estimated total annual reporting and recordkeeping burden for these requirements is 458.67 hours 22 for Commercial Real Estate Professionals. 17 *See* note 11. 18 *See* note 12. The Commission has rounded its calculation to two decimal places. Assuming a relatively even distribution of transactions among potential respondents, some respondents would deliver to the Lead Placement Agent a written statutory disqualification representation six times a year, and others would do so seven times a year. 19 *See* note 13. 20 Based on the Commission's experience with disciplinary disclosures by registered representatives on Forms U-4, the Commission estimates that five percent of Commercial Real Estate Professionals could be subject to a statutory disqualification and would require more time to make such a determination. 21 The Commission estimates that these Commercial Real Estate Professionals would spend 25 minutes to determine whether they would be subject to a statutory disqualification and to generate the representation, and five minutes to disclose the representation. 22 800 × .95 × 6.63 × 5 = 25,194/60 = 419.90 total burden hours for 95 percent of the Commercial Real Estate Professionals. 800 × .05 × 1 × 30 = 1,200/60 = 20 hours for the first representation by five percent of the Commercial Real Estate Professionals. 800 × .05 × 5.63 × 5 = 1,126/60 = 18.77 hours for the second and third representations by five percent of the Commercial Real Estate Professionals. Thus total burden hours would be 419.90 + 20 + 18.77 = 458.67. The Commission has rounded its calculations to two decimal places. 5. Collection of Information Is Mandatory This proposed collection of information would be mandatory for Commercial Real Estate Professionals who rely on the requested exemption. 6. Confidentiality The collection of information would be provided by the Commercial Real Estate Professional to the Lead Placement Agent and to the customer and would be available for inspection by the Commission and the applicable SRO. 7. Record Retention Period The requested exemption does not contain a separate record retention period. 23 23 *See* note 15. C. Suitability Determination by the Selling Broker-Dealer 1. Collection of Information The requested exemption would require a Selling Broker-Dealer to deliver a representation in writing that the Selling Broker-Dealer performed a suitability analysis to the Lead Placement Agent at closing, or, if the Selling Broker-Dealer is the Lead Placement Agent, to make such a representation in writing at closing. 2. Proposed Use of the Information The proposed suitability representation would be used in implementing the requested exemption and monitoring its use. The proposed delivery requirement is designed to ensure that the Lead Placement Agent has a copy of the suitability analysis in order to comply with its recordkeeping obligations discussed below, which would facilitate monitoring compliance with the exemption. 3. Respondents The proposed collection of information would apply to Selling Broker-Dealers, who deliver or make a suitability determination pursuant to the requested exemption. 4. Reporting and Recordkeeping Burden The Commission estimates that approximately 150 Selling Broker-Dealers 24 would either deliver or make a representation at closing and each Selling Broker-Dealer would on average deliver or make such a representation 33.59 times 25 a year. Based on the simplicity of the record to be created, the Commission also estimates that a Selling Broker-Dealer would spend approximately five minutes on each disclosure. Thus, the estimated total annual reporting and recordkeeping burden for this requirement is 419.90 hours 26 for Selling Broker-Dealers. 24 The approximate number of Selling Broker-Dealers is based on discussions with industry participants. 25 The Commission estimates that there would be approximately 5,304 TIC Security transactions a year. *See* note 12. The Commission estimates that approximately five percent of all proposed TIC Security transactions would be determined to be not suitable for a customer under the requested exemption. This estimate is based on discussions with industry, which indicated that currently approximately five percent of proposed TIC Security transactions are determined to be not suitable for a potential purchaser. Accordingly, the Commission estimates that Selling Broker-Dealers would make or deliver a suitability determination in approximately 95 percent of all transactions. Thus, a Selling Broker-Dealer would make or deliver approximately ((5,304 × .95)/150) = 33.59 determinations. The Commission has rounded its calculation to two decimal places. Assuming a relatively even distribution of transactions among potential respondents, some respondents would make or deliver a suitability representation 33 times a year, and others would do so 34 times a year. 26 (5,304 × .95) × five minutes per transaction = 25,194/60 = 419.90. 5. Collection of Information Is Mandatory This proposed collection of information would be mandatory for Selling Broker-Dealers who rely on the requested exemption. 6. Confidentiality The proposed collection of information would be provided by the Selling Broker-Dealer to the Lead Placement Agent, or if the Selling Broker-Dealer is the Lead Placement Agent, to create the collection of information and would be available for inspection by the Commission and the applicable SRO. 7. Record Retention Period The requested exemption does not contain a separate record retention period. 27 27 *See* note 15. D. Customer Affirmation by the Selling Broker-Dealer 1. Collection of Information The requested exemption would require a Selling Broker-Dealer that determines that a TIC Security transaction is not suitable to obtain a written affirmation that the customer wants to proceed with the TIC Security transaction notwithstanding the Selling Broker-Dealer's determination. It also would require the Selling Broker-Dealer to deliver the written affirmation to the Lead Placement Agent at closing or, if the Selling Broker-Dealer is the Lead Placement Agent, to maintain the written affirmation consistent with the record retention provisions of Exchange Act Rule 17a-4. 2. Proposed Use of the Information This proposed information is designed to ensure that the customer is informed if a Selling Broker-Dealer determines a transaction is not suitable, and, if the customer wants to proceed with the transaction, that the customer has made such a decision in light of the broker-dealer's determination. In addition, the proposed delivery requirement is designed to ensure that the Lead Placement Agent has a copy of the customer affirmation in order to comply with its recordkeeping obligations discussed below, which would facilitate monitoring compliance with the exemption. 3. Respondents The proposed collection of information would apply to Selling Broker-Dealers who deliver or maintain a customer affirmation determination pursuant to the requested exemption. 4. Reporting and Recordkeeping Burden The Commission estimates that there are approximately 150 Selling Broker-Dealers that are potential respondents, those Selling Broker-Dealers would obtain and then deliver or maintain a written affirmation from 265.20 customers who are clients 28 of Commercial Real Estate Participants a year, and each Selling Broker-Dealer would on average obtain and then deliver or maintain such an affirmation 1.77 29 times a year. The Commission also estimates that a customer would spend approximately 30 minutes on each disclosure and the Selling Broker-Dealer would spend approximately 35 minutes on each disclosure. 30 Thus, the estimated total annual reporting and recordkeeping burden for this proposed requirement is an aggregate of 132.60 hours for customers 31 and 154.70 hours for the Selling Broker-Dealers. 32 28 As discussed in note 25, the Commission estimates that approximately five percent of all proposed TIC Security transactions would be determined to be not suitable. 5,304 × .05 = 265.20. The Commission has rounded its calculation to two decimal places. In other words, in any given year the Commission estimates there would be either 265 or 266 customers whose Selling Broker-Dealer determines that a TIC Security transaction is not suitable. 29 The Commission estimates that there would be approximately 5,304 TIC Security transactions under the requested exemption. *See* note 12. The Commission estimates that Selling Broker-Dealers would obtain and then deliver or maintain the customer affirmation in five percent of all transactions under the requested exemption. This estimate is based on discussions with industry, which indicated that currently approximately five percent of proposed TIC Security transactions are determined to be not suitable for a potential purchaser. For purposes of calculating the reporting and recordkeeping burden, the Commission estimates that all customers whose Selling Broker-Dealer determines that a TIC Security transaction is not suitable would provide a written affirmation pursuant to the requested exemption. The Commission recognizes that it is highly unlikely that all customers would provide a written affirmation in the face of a Selling Broker-Dealer's determination that a TIC Security transaction is not suitable. However, the Commission does not have sufficient information to estimate affirmation rates of less than 100 percent, and thus has chosen the most conservative estimate for calculating the reporting and recordkeeping burden. Thus, a Selling Broker-Dealer would obtain approximately ((5,304 × .05)/150) = 1.77 affirmations a year. The Commission has rounded its calculation to two decimal places. Assuming a relatively even distribution of transactions among potential respondents, some respondents would obtain an affirmation one time a year, and others would do so two times a year. 30 We estimate that it would take the Selling Broker-Dealer 30 minutes to explain to its customer that the transaction is not suitable, and to discuss with and obtain the subsequent affirmation from the customer, and five minutes to deliver or maintain the affirmation. 31 265.20 TIC Security transactions (5,304 × .05) × 30 minutes per transaction = 7,956/60 = 132.60. 32 265.20 TIC Security transactions (5,304 × .05) × 35 minutes per transaction = 9,282/60 = 154.70. 5. Collection of Information Is Mandatory This collection of information would be mandatory for Selling Broker-Dealers who rely on the requested exemption. 6. Confidentiality The proposed collection of information would be provided by the Selling Broker-Dealer to the Lead Placement Agent, or retained as a record, if the Selling Broker-Dealer is the Lead Placement Agent, and would be available for inspection by the Commission and the applicable SRO. 7. Record Retention Period The requested exemption does not contain a separate record retention period. 33 33 *See* note 15. E. Recordkeeping by the Lead Placement Agent 1. Collection of Information The requested exemption would require the Lead Placement Agent to maintain a copy of each of the documents that is to be made and/or delivered at closing, as discussed above ( *i.e.* , the buyer's agent agreement, the statutory disqualification representations, the suitability representation, and, if applicable, the customer's written affirmation), and the relevant part of the real estate closing documents that evidences the amount of the Real Estate Advisory Fee paid to any RE Participant involved in the TIC Security transaction. 34 34 The requested exemption also would require the Lead Placement Agent to maintain a copy of any other records that are required to be maintained in accordance with the recordkeeping requirements of the federal securities laws. *See* note 15. 2. Proposed Use of the Information The proposed use of this information is to facilitate monitoring compliance with the exemption by compelling the Lead Placement Agent to maintain records of all documents that are required to be delivered at closing. 3. Respondents The proposed collection of information would apply to Lead Placement Agents that act pursuant to the requested exemption. 4. Reporting and Recordkeeping Burden The Commission estimates that approximately 45 Lead Placement Agents 35 would act pursuant to the requested exemption. On average, a Lead Placement Agent would maintain copies of the relevant documents for approximately 117.87 TIC Security transactions 36 a year. The Commission also estimates that a Lead Placement Agent would spend 10 minutes per closing to maintain a copy of these documents. Thus, the estimated total annual reporting and recordkeeping burden for this requirement is 884 hours. 37 35 Based on discussions with industry representatives, the Commission estimates that there are 45 sponsors of TIC Security transactions and that each would have a Lead Placement Agent. 36 5,304 TIC Security transactions/45 Lead Placement Agents = 117.87. The Commission has rounded its calculation to two decimal places. Assuming a relatively even distribution of transactions among potential respondents, some Lead Placement Agents would maintain copies of the relevant documents for 117 transactions a year, and others would do so for 118 transactions a year. 37 5,304 TIC Security transactions × 10 minutes = 53,040/60 = 884. 5. Collection of Information Is Mandatory This proposed collection of information would be mandatory for Lead Placement Agents that act pursuant to the requested exemption. 6. Confidentiality The proposed collection of information does not address the confidentiality of information prepared under this rule; however, the collection of information would be available for inspection by the Commission and the applicable SRO. 7. Record Retention Period As specified, the Lead Placement Agent would be required to maintain copies of these documents for a period of three years in accordance with its existing obligations under Exchange Act Rule 17a-4(f). F. Request for Comment Pursuant to 44 U.S.C. 3506(c)(2)(A), the Commission solicits comments to:
(1)Evaluate whether the proposed collections of information are necessary for the proper performance of the functions of the Commission, including whether the information would have practical utility;
(2)Evaluate the accuracy of the Commission's estimate of the burden of the proposed collections of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collections of information on those required to respond, including through the use of automated collection techniques or other forms of information technology. Persons desiring to submit comments on the proposed collection of information requirements should direct them to the Office of Management and Budget, Attention: Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Washington, DC 20503, and should send a copy of their comments to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090, and refer to File No. S7-26-07. OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this notice in the **Federal Register** . Therefore, comments to OMB are best assured of having full effect if OMB receives them within 30 days of this publication. Requests for materials submitted to OMB by the Commission with regard to this collection of information should be in writing, refer to File No. S7-26-07, and be submitted to the Securities and Exchange Commission, Branch of Records Management, 100 F Street, NE., Washington, DC 20549-1110. By the Commission. Nancy M. Morris, Secretary. [FR Doc. E7-22425 Filed 11-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56774; File No. SR-CBOE-2007-114] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Order Granting Accelerated Approval of a Proposed Rule Change and Amendment No. 1 Thereto To List and Trade Options Already Listed on Another National Securities Exchange November 8, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on September 21, 2007, Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. On October 26, 2007, CBOE filed Amendment No. 1 to the proposed rule change. 3 This order provides notice of the proposal, as amended, and approves the proposal on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 1 supercedes the original filing and replaces it in its entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to add new Interpretation .01(c) to CBOE Rule 5.3 (Criteria for Underlying Securities) for the purpose of permitting the Exchange to list and trade individual equity options on the Exchange that are otherwise ineligible for listing and trading if such options are listed and traded on another national securities exchange. The text of the proposed rule change is available on the Exchange's Web site (http:// *www.cboe.org/legal* ), at CBOE's principal office and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to revise the Exchange's options listing standards so that as long as the continued listing criteria set forth in CBOE Rule 5.4 (Withdrawal of Approval of Underlying Securities) are met and the option is listed and traded on another national securities exchange, the Exchange would be able to list and trade the option. CBOE Rule 5.3 sets forth the requirements that an underlying equity security must meet before the Exchange may initially list options on that security. The Exchange notes that these requirements are relatively uniform among the options exchanges. Interpretation .01 to CBOE Rule 5.3 relates to the minimum market price at which an underlying security must trade for an option to be listed on it, and applies to the listing of individual equity options on both “covered” and “uncovered” underlying securities. 4 In the case of an underlying security that is a “covered security” as defined under section 18(b)(1)(A) of the Securities Act, the closing market price of the underlying security must be at least $3.00 for the five previous consecutive business days preceding the date on which the Exchange submits a certification to The Options Clearing Corporation (“OCC”) for listing and trading. 5 4 Section 18(b)(1)(A) of the Securities Act of 1933 (“Securities Act”) provides, “[a] security is a covered security if such security is—A. listed, or authorized for listing, on the New York Stock Exchange or the American Stock Exchange, or listed, or authorized for listing, on the National Market System of the Nasdaq Stock Market (or any successor to such entities) * * * .” *See* 15 U.S.C. 77r(b)(1)(A). 5 *See* Interpretation .01(b)(2)(A) of Rule 5.3. For purposes of this Interpretation, the market price of an underlying security is measured by the closing price reported in the primary market in which the underlying security is traded. In connection with an underlying security deemed to be “uncovered,” Exchange rules require that the market price per share of the underlying security be at least $7.50 for the majority of business days during the three calendar months preceding the date of selection, as measured by the lowest closing price reported in any market in which the underlying security traded on each of the subject days. CBOE Rule 5.4 sets forth the Exchange's continued listing criteria, which the Exchange notes are less stringent than the initial listing criteria contained in CBOE Rule 5.3. This is due largely because, in total, the Exchange's listing criteria assure that options will be listed and traded on securities of companies that are financially sound and subject to adequate minimum standards. The Exchange believes that the continued listing criteria are uniform among the options exchanges. To address the circumstance in which an options class is currently ineligible for listing on the Exchange, while at the same time such option is listed and trading on another options exchange(s), the Exchange proposes to amend CBOE Rule 5.3. Specifically, the Exchange proposes to add new paragraph
(c)to Interpretation .01 to CBOE Rule 5.3 to provide that notwithstanding that a particular underlying security may not meet the requirements set forth in paragraphs (a)(1), (a)(2), (b)(1) and (b)(2) of that Interpretation, the Exchange nonetheless could list and trade an option on such underlying security if
(1)the underlying security meets the criteria for continued listing in CBOE Rule 5.4, and
(2)options on such underlying security are listed and traded on at least one other registered national securities exchange. In connection with the proposed changes, the Exchange represents that the procedures currently employed to determine whether a particular underlying security meets the initial listing criteria will similarly be applied to the continued listing criteria. The Exchange believes that this proposal is narrowly tailored to address the circumstances where an options class is currently ineligible for listing on the Exchange while at the same time, such option is trading on another options exchange(s). The Exchange notes that when an underlying security meets the Exchange's continued listing criteria and at least one other exchange trades options on the underlying security, the option is already available to the investing public. Therefore, the Exchange notes that the current proposal will not introduce any inappropriate additional listed options classes. Further, the adoption of the proposal is for competitive purposes and to promote a free and open market for the benefit of investors. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with section 6(b) of the Act 6 and the rules and regulations under the Act applicable to national securities exchanges. Specifically, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 7 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and to perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. 6 15 U.S.C. 78s(b). 7 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2007-114 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2007-114. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2007-114 and should be submitted on or before December 7, 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. 8 In particular, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act, 9 which requires that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, 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. The proposal is narrowly tailored to address the circumstances where an equity option class is currently ineligible for initial listing on the Exchange even though it meets the Exchange's continued listing standards and is trading on another options exchange. Allowing CBOE to list and trade options on such underlying securities should help promote competition among the exchanges that list and trade options. The Commission notes, and the Exchange represents, that the procedures that the Exchange currently employs to determine whether a particular underlying security meets the initial equity option listing criteria for the Exchange will similarly be applied when determining whether an underlying security meets the Exchange's continued listing criteria. 8 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). 9 15 U.S.C. 78f(b)(5). The Commission finds good cause, pursuant to section 19(b)(2)(B) of the Act, 10 for approving the proposed rule change prior to the 30th day after the publication of the notice of the filing thereof in the **Federal Register** . The Commission notes that the proposed rule change is substantially identical to the proposed rule change submitted by the American Stock Exchange LLC, 11 which was previously approved by the Commission after an opportunity for notice and comment, and therefore does not raise any new regulatory issues. 10 15 U.S.C. 78s(b)(2)(B). 11 *See* Securities Exchange Act Release No. 56598 (October 2, 2007), 72 FR 57615 (October 10, 2007) (SR-Amex-2007-48). *See also* Securities Exchange Act Release Nos. 56647 (October 11, 2007), 72 FR 58702 (October 16, 2007) (SR-ISE-2007-80) (substantially identical proposed rule change approved on an accelerated basis) and 56717 (October 29, 2007), 72 FR 62508 (November 5, 2007) (SR-Phlx-2007-73) (substantially identical proposed rule change approved on an accelerated basis). V. Conclusion *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, 12 that the proposed rule change (SR-CBOE-2007-114), as amended, be, and it hereby is, approved on an accelerated basis. 12 *Id.* For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-22412 Filed 11-15-07; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF STATE [Public Notice 5990] Culturally Significant Objects Imported for Exhibition Determinations: Assorted Paintings by Gerome and Dahl SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.;* 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be exhibited include four paintings by Jean-Leon Gerome and three paintings by Johan Christian Dahl, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the seven exhibit objects at the Nineteenth-Century European Paintings and Sculpture Galleries of The Metropolitan Museum of Art, New York, NY, from on or about December 3, 2007, until on or about December 3, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: November 8, 2007. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs Department of State. [FR Doc. E7-22448 Filed 11-15-07; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activity Seeking OMB Approval AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice. SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget's
(OMB)revision of a current information collection. The **Federal Register** Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 15, 2007, Vol. 72, No. 157, Page 45864. FAR Part 43 prescribes the rules governing maintenance, rebuilding, and alteration of aircraft and aircraft components, and is necessary to ensure this work is performed by qualified persons, and at proper intervals. DATES: Please submit comments by December 17, 2007. FOR FURTHER INFORMATION CONTACT: Carla Mauney at *Carla.Mauney@faa.gov.* SUPPLEMENTARY INFORMATION: Federal Aviation Administration
(FAA)*Title:* Maintenance, Preventive Maintenance, Rebuilding, and Alteration. *Type of Request:* Revision of a currently approved collection. *OMB Control Number:* 2120-0020. *Forms(s)* FAA Form 337. *Affected Public:* An estimated 87,769 Respondents. *Frequency:* This information is collected on occasion. *Estimated Average Burden Per Response:* Approximately 1.6 hours per response. *Estimated Annual Burden Hours:* An estimated 138,083 hours annually. *Abstract:* FAR Part 43 prescribes the rules governing maintenance, rebuilding, and alteration of aircraft and aircraft components, and is necessary to ensure this work is performed by qualified persons, and at proper intervals. This work is done by certified mechanics, repair stations, and air carriers authorized to perform maintenance. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Nathan Lesser, Desk Officer, Department of Transportation/FAA, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to
(202)395-6974. *Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimates of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Dated: Issued in Washington, DC, on November 9, 2007. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES-200. [FR Doc. 07-5688 Filed 11-15-07; 8:45 am]
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U.S. Code
- Registration requirements§ 823
- Importation of controlled substances§ 952
- Registration requirements§ 958
- Determinations by Secretary of Labor§ 2273
- Information and advice from private and public sectors§ 2155
- Access to WTO dispute settlement process§ 3537
- General exemptive authority§ 78mm
- Public information collection activities; submission to Director; approval and delegation§ 3507
- Purposes§ 3501
- Public protection§ 3512
- Federal agency responsibilities§ 3506
- Registration, responsibilities, and oversight of self-regulatory organizations§ 78s
- Exemption from State regulation of securities offerings§ 77r
- National securities exchanges§ 78f
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Definitions and application§ 78c
- Immunity from seizure under judicial process of cultural objects imported for temporary exhibition or display§ 2459
- Purposes§ 6501
CFR
- Application for importation of Schedule I and II substances.§ 1301.34
- Application for bulk manufacture of Schedule I and II substances.§ 1301.33
- Request for hearing or appearance; waiver; default.§ 1301.43
- Request for hearing; answer.§ 1316.47
- License required; limited work authorization.§ 50.10
- Referral to the Advisory Committee on Reactor Safeguards (ACRS).§ 52.23
- Definitions.§ 2.4
- Hearing requests, petitions to intervene, requirements for standing, and contentions.§ 2.309
- Filing of documents.§ 2.302
- Delegation of authority to Director of Division of Trading and Markets.§ 200.30-3
register
public-private-law
8 references not yet in our index
- 26 USC 2813
- Pub. L. 92-463
- 10 CFR 52
- 10 CFR 51
- 15 USC 78
- 5 CFR 1320.10
- 17 CFR 240.19
- 79 Stat. 985
Citation graph
cites case law
Notices
Notice; request for comments
Cite26 USC 2813
Pub. L.Pub. L. 92-463
Cite10 CFR 52
Cites 38 · showing 12Cited by 0 across 0 sources