Notices. Notice of Availability for the Final Environmental Impact Report/Environmental Impact Statement/ (EIR/EIS)

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

BILLING CODE 4310-PF-M DEPARTMENT OF THE INTERIOR Bureau of Reclamation Proposed Lower Yuba River Accord, Yuba County, CA AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of Availability for the Final Environmental Impact Report/Environmental Impact Statement/ (EIR/EIS). SUMMARY: Pursuant to the National Environmental Policy Act

(NEPA)and the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation) and the Yuba County Water Agency

(YCWA)have prepared the Final EIR/EIS for the Proposed Lower Yuba River Accord (Yuba Accord). The Final EIR/EIS contains responses to comments received on the Draft EIR/EIS. The purpose of the Yuba Accord is to resolve instream flow issues associated with operation of the Yuba River Development Project (Yuba Project) in a way that protects and enhances lower Yuba River fisheries and local water-supply reliability. At the same time, it would provide revenues for local flood control and water supply projects, water for the CALFED Program to use for protection and restoration of Sacramento-San Joaquin Delta (Delta) fisheries, and improvements in statewide water supply management, including supplemental water for the Central Valley Project

(CVP)and the State Water Project (SWP). A Notice of Availability of the Draft EIR/EIS was published in the **Federal Register** on Monday, July 2, 2007 (72 FR 36036). The public review period on the Draft EIR/EIS ended on August 24, 2007. DATES: Under NEPA, no Federal decision can be made until at least 30 days after release of the Final EIR/EIS. When Reclamation completes the Record of Decision, it will identify the action to be implemented. Under CEQA, YCWA certified the Final EIR/EIS on October 23, 2007 and filed a Notice of Determination

(NOD)with the State Clearinghouse. ADDRESSES: Send requests for a compact disk or a bound copy of the Final EIR/EIS to Dianne Simodynes, HDR Surface Water Resources, Inc., 1610 Arden Way, Suite 175, Sacramento, CA 95815-4041, telephone:

(916)569-1096. The Yuba Accord Final EIR/EIS will also be available on the Web at: *http://www.usbr.gov/mp/nepa/nepa_projdetails.cfm?Project_ID=2549* . FOR FURTHER INFORMATION CONTACT: Mr. Tim Rust, Bureau of Reclamation, Division of Resources Management, 2800 Cottage Way, Sacramento, CA 95825, at

(916)978-5516, or by e-mail at *trust@mp.usbr.gov* ; or Mr. Curt Aikens, YCWA, at 1220 F Street, Marysville, CA 95901, at

(530)741-6278, or by e-mail at *caikens@ycwa.com* . SUPPLEMENTARY INFORMATION: The Yuba Accord represents an effort on the part of the Yuba River stakeholders to find a solution to the challenges of competing interests by providing water for fisheries, developing new tools to ensure local reliable water supply, crafting a revenue stream to pay for the Yuba Accord, and providing additional water for out-of-county environmental and consumptive uses. These various objectives would be met through implementation of the Yuba Accord, which includes the “Principles of Agreement for Proposed Lower Yuba River Fisheries Agreement” (Fisheries Agreement), the “Principles of Agreement for Proposed Conjunctive Use Agreements” (Conjunctive Use Agreements), and the “Principles of Agreement for Proposed Long-term Transfer Agreement” (Water Purchase Agreement). The Yuba Accord agreements are: • A Fisheries Agreement among YCWA, California Department of Fish and Game, and the collective non-governmental organizations, with the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, National Marine Fisheries Service supporting the agreement. Under the Yuba Accord Fisheries Agreement, YCWA would revise the operation of the Yuba Project to provide instream flows in the lower Yuba River to protect and enhance fisheries and to increase downstream water supplies. • Conjunctive Use Agreements between YCWA and water districts within Yuba County for the implementation of a comprehensive program of conjunctive use of surface water and groundwater supplies and actions to improve water use efficiencies. • A Water Purchase Agreement among YCWA, the California Department of Water Resources (DWR), and Reclamation. Under this agreement, Reclamation and DWR would purchase water for the CALFED Environmental Water Account and for the CVP and SWP project uses. All three of these agreements need to be in place for the Yuba Accord to be implemented. The Final EIR/EIS analyzes the impacts of implementing the Yuba Accord on surface water hydrology, groundwater hydrology, water supply, hydropower, flood control, water quality, fisheries, wildlife, vegetation, special-status species, recreation, visual, cultural resources, Indian Trust Assets, air quality, land use, socioeconomic, growth inducement, and environmental justice resources and conditions. Alternatives evaluated in the Final EIR/EIS include the No Action Alternative, No Project Alternative, Proposed Project/Action Alternative (Yuba Accord Alternative), and Modified Flow Alternative. In addition, the Final EIR/EIS addresses other past, present, and reasonably foreseeable actions in conjunction with the implementation of the Yuba Accord, thus analyzing cumulative impacts. The Final EIR/EIS contains the comments received on the Draft EIR/EIS and responses to those comments. Copies of the Final EIR/EIS are available for public review at the following locations: • Bureau of Reclamation Library, 2800 Cottage Way, Sacramento, CA 95825. • Yuba County Water Agency, 1220 F Street, Marysville, CA 95901. • Department of Water Resources, Division of Environmental Services, 1416 Ninth Street, Sacramento, CA 95814. • Sacramento Public Library, 828 I Street, Sacramento, CA 95814. • Yuba County Library, 303 2nd Street, Marysville, CA 95901. Dated: October 19, 2007. Michael Jackson, Acting Regional Director, Mid-Pacific Region. [FR Doc. E7-24223 Filed 12-13-07; 8:45 am] BILLING CODE 4310-MN-P DEPARTMENT OF LABOR Proposed Collection for Workforce Information Grants to States Application Instructions for Program Year

(PY)2008; Comment Request AGENCY: Employment and Training Administration, Department of Labor. ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration is soliciting comments concerning a revision to a currently approved collection for Workforce Information Grants to States under OMB Control Number 1205-0417. A copy of the proposed information collection request

(ICR)can be obtained by contacting the office listed below in the addressee section of this notice or by accessing: *http://www.doleta.gov/OMBCN/OMBControlNumber.cfm* . DATES: Written comments must be submitted to the office listed in the addressee's section below on or before February 12, 2008. ADDRESSES: Submit written comments to the Employment and Training Administration, Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210, Attention: Anthony Dais, Telephone number: 202-693-2784 (this is not a toll-free number). Fax: 202-693-3015. E-mail: *dais.anthony@dol.gov* . SUPPLEMENTARY INFORMATION: I. Background In May 2005, The Employment and Training Administration

(ETA)received three year approval from the Office of Management and Budget

(OMB)to publish without change the annual planning guidance for the Workforce Information Grants to States under OMB Control Number 1205-0417. This approval is scheduled to expire on May 31, 2008. This **Federal Register** Notice is to request public comments and recommendations regarding the revision of the information collection. The purpose of the information collection is to strengthen and support state workforce and economic information integration, analysis and distribution; retain a high level of state flexibility; and reduce the state reporting burden. It is ETA's goal to continue the transformation of workforce information and services to support regional economies. Therefore, ETA expects states to participate in regionally-focused economic and workforce activities; actively collaborate with economic development, business and education partners to create and utilize an array of current and real-time workforce and economic data; integrate workforce information and economic data in a manner that results in accessible, user-friendly tools and products; assist economic development project teams assess and identify asset gaps; and help develop integrated economic development strategies that unify workforce and economic development systems. The data/information collection required from each grantee includes:

(a)Submission of an annual state certification of a statement of work attesting to the planned accomplishment of expected grant deliverables signed by the Governor, or by both the Administrator of the State Workforce Agency

(SWA)and the Chair of the State Workforce Investment Board (SWIB).

(b)A published detailed state economic analysis report for use by the Governor and the SWIB.

(c)Submission of an annual grant performance report signed by the Governor, or by both the Administrator of the SWA and Chair of the SWIB. II. Review Focus The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions Notice—Proposed collection; comment request. *Type of Review:* Revision. *Agency:* Employment and Training Administration. *Title:* Workforce Information Grants to States Application Instructions for Program Year

(PY)2008. *OMB Number:* 1205-0417. *Recordkeeping:* N/A. *Affected Public:* State, Local, or Tribal Government. *Form:* N/A. *Total Respondents:* 54. *Frequency:* Annual. *Total Responses:* 162. *Average Time per Response:* Grant Prep & Certification—63 hours; State Economic Analysis Report—434 hours; and Annual Report (on state grant performance)—80 hours; *Estimated Total Burden Hours:* 31,158. *Total Burden Cost:* $0. Activity Number of respondents Responses per year Total responses Hour per response Total burden hours Grant Prep & Certification 54 1 54 63 3,402 State Economic Analysis Report 54 1 54 434 23,436 Annual Report 54 1 54 80 4,320 Totals 54 3 162 577 31,158 Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: December 7, 2007. Gay M. Gilbert, Administrator, Office of Workforce Investment, Employment and Training Administration. [FR Doc. E7-24180 Filed 12-13-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0085] Underground Construction Standard; Extension of the Office of Management and Budget's

(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Underground Construction Standard (29 CFR 1926.800). DATES: Comments must be submitted (postmarked, sent, or received) by February 12, 2008. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0085, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., ET. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0085). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov* . For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION. *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Stewart Burkhammer at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Stewart Burkhammer, Directorate of Construction, OSHA, U.S. Department of Labor, Room N-3468, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2020. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 *et seq* .) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). *Posting warning signs or notices.* Seven paragraphs in the Underground Construction Standard (“the Standard”), 29 CFR 1926.800, require employers to post warning signs or notices during underground construction; these paragraphs are (b)(3), (i)(3), (j)(1)(vi)(A), (m)(2)(ii), (o)(2), (q)(11), and (t)(1)(iv)(B). The warning signs and notices required by these paragraphs enable employers to effectively alert employees to the presence of hazards or potential hazards at the job site, thereby preventing employee exposure to hazards or potential hazards associated with underground construction that could cause death or serious harm. *Certification of inspection records for hoists.* Paragraph (t)(3)(xxi) of the Standard requires employers to inspect and load test hoists when they install them, and at least annually thereafter; they must also inspect and load test a hoist after making any repairs or alterations to it that affect its structural integrity, and after tripping a safety device on the hoist. Employers must also prepare a certification record of each inspection and load test that includes specified information, and maintain the most recent certification record until they complete the construction project. Establishing and maintaining a written record of the most recent inspection and load test alerts equipment mechanics to problems identified during the inspection. Prior to returning the equipment to service, employers can review the records to ensure that the mechanics performed the necessary repairs and maintenance. Accordingly, by using only equipment that is in safe working order, employers will prevent severe injury and death to the equipment operators and other employees who work near the equipment. In addition, these records provide the most efficient means for OSHA compliance officers to determine that an employer performed the required inspections and load tests, thereby assuring that the equipment is safe to operate. *Developing and maintaining records for air quality tests.* Paragraph (j)(3) of the Standard mandates that employers develop records for air quality tests performed under paragraph (j), including air quality tests required by paragraphs (j)(1)(ii)(A) through (j)(1)(iii)(A), (j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D), (j)(1)(iv), (j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through (j)(2)(v). Paragraph

(j)also requires that air quality records include specified information, and that employers maintain the records until the underground construction project is complete; they must also make the records available to OSHA compliance officers on request. Maintaining records of air quality tests allows employers to document atmospheric hazards, and to ascertain the effectiveness of controls (especially ventilation) and implement additional controls if necessary. Accordingly, these requirements prevent serious injury and death to employees who work on underground construction projects. In addition, these records provide an efficient means for employees to evaluate the accuracy and effectiveness of an employer's exposure reduction program, and for OSHA compliance officers to determine that employers performed the required tests and implemented appropriate controls. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Underground Construction Standard (29 CFR 1926.800). The Agency is requesting to retain its current burden hour total of 57,949 hours associated with this Standard. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of currently approved information collection requirements. *Title:* Underground Construction Standard (29 CFR 1926.800). *OMB Number:* 1218-0067. *Affected Public:* Business or other for-profit; not-for-profit institutions; Federal government; State, local, or Tribal governments. *Number of Respondents:* 323. *Frequency of Response:* Varies from recording air quality tests twice per shift to posting a warning sign or notice once every two years. *Average Time per Response:* Varies from 30 seconds to read and record air quality test results to one hour to inspect, load test, and complete and maintain a certification record for a hoist. *Average Time per Response:* Varies from 2 minutes (.03 hour) to post emergency numbers to 15 minutes (.25 hour) to develop and post load limits for floors. *Estimated Total Burden Hours:* 57,949. *Estimated Cost. (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:

(1)Electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;

(2)by facsimile (FAX); or

(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0085). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov* . Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information (e.g., copyrighted material) is not publicly available to read or download through this website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* website to submit comments and access the docket is available at the website's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR 31159). Signed at Washington, DC, on December 10, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-24209 Filed 12-13-07; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0084] Construction Standards on Posting Emergency Telephone Numbers and Floor Load Limits; Extension of the Office of Management and Budget's

(f)of § 1926.50 and paragraph (a)(2) of § 1926.250, respectively). DATES: Comments must be submitted (postmarked, sent, or received) by February 12, 2008. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at

(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-0084, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., ET. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0084). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov* . For further information on submitting comments see the “Public Participation” heading in the section of this notice titled SUPPLEMENTARY INFORMATION. *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Stewart Burkhammer at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Stewart Burkhammer, Directorate of Construction, OSHA, U.S. Department of Labor, Room N-3468, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(f)of § 1926.50 requires employers to post emergency telephone numbers for physicians, hospitals, or ambulances at the worksite if the 911 emergency telephone service is not available; in the event an employee has a serious injury at the worksite, this posting requirement expedites emergency medical treatment of the employee. Paragraph (a)(2) of § 1926.250 specifies that employers must post the maximum safe load limits of floors located in storage areas inside buildings or other structures, unless the floors are on grade. This provision prohibits employers from overloading floors in areas used to store material and equipment in multi-story units that are under construction, thereby preventing the floors from collapsing and seriously injuring employees. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the two construction standards, “Medical Services and First Aid” paragraph

(f)of § 1926.50, and “General Requirements for Storage” paragraph (a)(2) of § 1926.250. The Agency is requesting to increase its current burden hour total from 8,901 hours to 197,819, for a total increase of 188,918 hours associated with these two Standards. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of currently approved information collection requirements. *Title:* Construction Standards on the Posting of Emergency Telephone Numbers and Floor Load Limits. *OMB Number:* 1218-0093. *Affected Public:* Business or other for-profit; not-for-profit institutions; Federal Government; State, local, or Tribal governments. *Number of Respondents:* 801,837. *Frequency of Response:* On occasion. *Total Responses:* 1,591,674. *Average Time per Response:* Varies from 2 minutes (.03 hour) to post emergency numbers to 15 minutes (.25 hour) to develop and post load limits for floors. *Estimated Total Burden Hours:* 197,819. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:

(1)Electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;

(2)by facsimile (FAX); or

(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0084). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at

(202)693-2350 (TTY

(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov* . Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov* index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et seq.* ) and Secretary of Labor's Order No. 5-2007 (72 FR 31159). Signed at Washington, DC, on December 10, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-24210 Filed 12-13-07; 8:45 am] BILLING CODE 4510-26-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Humanities Panel Federal Advisory Committee; Notice of Charter Renewal AGENCY: The National Endowment for the Humanities. ACTION: Notice of Renewal. SUMMARY: Under the provisions of the Federal Advisory Committee Act of 1972, 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770), as amended, the National Endowment for the Humanities

(NEH)gives notice that it will renew the charter for the Humanities Panel for 2 years from December 29, 2007 to December 29, 2009. The Chairman of NEH has determined that the renewal of the Humanities Panel is necessary and in the public interest in connection with the performance of duties imposed upon the Chairman of NEH by the Federal Advisory Committee Act of 1972, 5 U.S.C. App. 3(2) (Pub. L. 92-463, 86. Stat. 770), as amended, and section 10(a)(4) of the National Foundation on the Arts and the Humanities Act of 1965, 20 U.S.C. 959(a)(4), as amended. FOR FURTHER INFORMATION CONTACT: Heather C. Gottry, Acting Committee Management Officer, 1100 Pennsylvania Avenue, NW., Room 529, Washington, DC 20506. (Phone:

(202)606-8322, facsimile

(202)606-8600, or e-mail to *gencounsel@neh.gov* .) Hearing-impaired individuals are advised that information on this matter may be obtained by contacting the Endowment's TDD terminal on

(202)606-8282. SUPPLEMENTARY INFORMATION: The Humanities Panel is a Federal advisory committee under 5 U.S.C. App. 2 (Pub. L. 92-463, 86. Stat. 770). The purpose and objective of the Humanities Panel is to advise the National Council on the Humanities and the Chairman of the NEH concerning policies, programs, and procedures of the Endowment as requested. The Humanities Panel furthermore makes recommendations on applications for financial support submitted to NEH. Members of the Humanities Panel are selected on the basis of their subject matter expertise in a humanities discipline or on the basis of their experience in a humanities institution, or both, in order to ensure that all applications are reviewed under the highest standards of excellence in the humanities. The NEH selects panelists from a broad range of humanities disciplines (including languages, literature, history, jurisprudence, philosophy, archaeology, comparative religion, ethics, and the history, criticism, and theory of the arts). Panelists also are selected from a wide range of humanities institutions (including colleges, universities, archives, libraries, museums and historical societies). By statute, the Humanities Panel is also required to have broad geographic and culturally diverse representation. Dated: December 11, 2007. Heather C. Gottry, Acting Committee Management Officer. [FR Doc. E7-24268 Filed 12-13-07; 8:45 am] BILLING CODE 7536-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 70-143] Notice of Issuance of License Amendment for Nuclear Fuel Services, Inc., Erwin, TN AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Issuance of License Amendment. FOR FURTHER INFORMATION CONTACT: Kevin Ramsey, Project Manager, Fuel Manufacturing Branch, Fuel Facility Licensing Directorate, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. *Telephone:*

(301)492-3123; *fax number:*

(301)492-3359; *e-mail:* *kmr@nrc.gov* . SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, the Nuclear Regulatory Commission

(NRC)is providing notice of the issuance of License Amendment 79 to Material License No. SNM-124, to Nuclear Fuel Services, Inc. (the licensee), to authorize an increase in the possession limit for uranium enriched up to 100 percent in the uranium-235 isotope at the licensee's facility in Erwin, Tennessee. The licensee's request for the proposed license amendment was previously noticed in the **Federal Register** on October 18, 2007 (72 FR 59117), with a notice of an opportunity to request a hearing. This license amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended, and NRC's rules and regulations as set forth in 10 CFR Chapter 1. Accordingly, this license amendment was issued on November 23, 2007, and is effective immediately. II. Further Information The NRC has prepared a Safety Evaluation Report

(SER)that documents the information that was reviewed and NRC's conclusion. In accordance with 10 CFR 2.390 of the NRC's “Rules of Practice,” details with respect to this action, including the SER and accompanying documentation included in the license amendment package, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession number for the license amendment is ML073190567. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov* . These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 6th day of December, 2007. For the Nuclear Regulatory Commission. Kevin M. Ramsey, Acting Chief, Fuel Manufacturing Branch, Fuel Facility Licensing Directorate, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. E7-24289 Filed 12-13-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-280 And 50-281] Virginia Electric and Power Company, Surry Power Station, Unit Nos. 1 and 2; Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission

(NRC)is considering issuance of an amendment to revise the licensing basis for Facility Operating License Nos. DPR-32 and DPR-37, issued to Virginia Electric and Power Company (the licensee), for operation of the Surry Power Station, Unit Nos. 1 and 2 (Surry 1 and 2), located in Surry county, Virginia. Therefore, as required by 10 CFR 51.21, the NRC is issuing this environmental assessment and finding of no significant impact. Environmental Assessment Identification of the Proposed Action The proposed action would authorize the licensee to revise the Updated Final Safety Analysis Report (UFSAR) to permit an increase in the irradiation of the Surry 1 and 2 fuel assemblies beginning with Surry 1 and 2 improved fuel

(SIF)assemblies with ZIRLO cladding from a lead rod average burnup of 60,000 to 62,000 megawatt days (MWd)/metric tons of uranium (MTU). Since the burnup restriction is not explicitly stated in the Surry 1 and 2 license conditions or Technical Specifications, the licensee incorporated it into Section 3.5.2.6.1 of the Surry 1 and 2 UFSAR to ensure that the burnup limit is not exceeded when reload design evaluations are performed. The licensee will continue to apply the current burnup limit of 60,000 MWd/MTU for old fuel assemblies, if used, in the spent fuel pool with Zircaloy-4 cladding. In addition, the licensee will maintain the peak rod average burnup limits in the Surry 1 and 2 UFSAR. The proposed action is in accordance with the licensee's application dated March 6, 2007. The Need for the Proposed Action The proposed action will allow the licensee to design reloads to a lead rod average burnup limit of 62,000 MWd/MTU, which has an appreciable economic benefit. The licensee states that “Recent reload patterns have been degraded at an economic penalty to maintain the burnup below the existing limit [60,000 MWd/MTU].” Environmental Impacts of the Proposed Action The NRC has completed its safety evaluation of the proposed action and concludes that SIF mechanical design, LOCA analysis, non-LOCA transient analyses, and the proposed UFSAR changes are acceptable to a peak rod average of 62,000 MWd/MTU. The NRC staff previously completed an environmental assessment of the effects of extending fuel burnup above 60,000 MWd/MTU through NUREG/CR-6703 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML010310298), and determined that there are no significant adverse environmental impacts associated with extending peak-rod fuel burnup to 62,000 MWd/MTU. The environmental effects of extending Surry 1 and 2 lead rod average burnup limit to 62,000 MWd/MTU are also bounded by NUREG/CR-6703. The details of the staff's safety evaluation will be provided in the license amendment that will be issued as part of the letter to the licensee approving the license amendment to the regulation. The proposed action will not significantly increase the probability or consequences of accidents. No changes are being made in the types of effluents that may be released off site. There is no significant increase in the amount of any effluent released off site. There is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. With regard to potential non-radiological impacts, the proposed action does not have a potential to affect any historic site. The proposed action does not result in any significant changes to land use or water use, or result in any significant changes to the quality or quantity of effluents. It does not affect non-radiological plant effluents and no changes to the National Pollution Discharge Elimination System permit are needed. No effects on the aquatic or terrestrial habitat in the vicinity of the plant, or to endangered or threatened species, or to the habitats of endangered or threatened species are expected, and has no other environmental impact, therefore, there are no significant non-radiological environmental impacts associated with the proposed action. The proposed action will not change the method of generating electricity or the method of handling any effluents from the environment or non-radiological effluents to the environment. Therefore, no changes or different types of non-radiological environmental impacts are expected as a result of the proposed amendments. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the staff considered denial of the proposed action (i.e., the “no-action” alternative). Denial of the application would result in no significant change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are similar. Alternative Use of Resources The action does not involve the use of any different resources than those previously considered in the Final Environmental Statement for Surry 1 and 2, May and June 1972, respectively, and the supplemental environmental impact assessment for license renewal issued on November 30, 2002. Agencies and Persons Consulted In accordance with its stated policy, on November 27, 2007, the staff consulted with Mr. Les Foldesi, Director of the Bureau of Radiological Health, Commonwealth of Virginia, regarding the environmental impact of the proposed action. The State official had no comments. Finding of No Significant Impact On the basis of the environmental assessment, the NRC concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed action. For further details with respect to the proposed action, see the licensee's letter dated March 6, 2007 (ADAMS Accession No. ML070720620). Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide 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.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or send an e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 10th day of December 2007. For the Nuclear Regulatory Commission. Siva P. Lingam, Project Manager, Plant Licensing Branch II-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7-24290 Filed 12-13-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Independent External Review Panel To Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Materials Licensing Program: Meeting Notice AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Notice of Meeting. SUMMARY: NRC will convene a meeting of the Independent External Review Panel to Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's

(NRC)Materials Licensing Program from January 8 through January 11, 2008. A sample of agenda items to be discussed during the public session includes:

(1)The NRC's basis for classifying Category 3.5 sources;

(2)Web-based Licensing;

(3)National Source Tracking System; and

(4)source security. A copy of the agenda for the meeting can be obtained by e-mailing Mr. Aaron T. McCraw at the contact information below. *Purpose:* Continue the panel's assessment of the NRC's licensing program by exploring Web-based Licensing, the National Source Tracking System, and the NRC's measures to enhance source security. *Date and Time for Closed Sessions:* January 11, 2008, from 9 a.m. to 12 p.m. This session will be closed so that NRC staff and the Review Panel can discuss safeguards information and pre-decisional information pursuant to 5 U.S.C. 552b (c)(3) and 5 U.S.C. 552b (c)(9)(B), respectively. *Date and Time for Open Sessions:* January 8, 2008, from 2 p.m. to 4:30 p.m.; and January 9-10, from 9 a.m. to 4:30 p.m. *Address for Public Meeting:* U.S. Nuclear Regulatory Commission, Two White Flint North Building, 11545 Rockville Pike, Rockville, Maryland 20852. Specific room locations will be indicated for each day on the agenda. *Public Participation:* Any member of the public who wishes to participate in the meeting should contact Mr. McCraw using the information below. *Contact Information:* Aaron T. McCraw, e-mail: *atm@nrc.gov* , *telephone:*

(301)415-1277. Conduct of the Meeting Mr. Thomas E. Hill will chair the meeting. Mr. Hill will conduct the meeting in a manner that will facilitate the orderly conduct of business. The following procedures apply to public participation in the meeting: 1. Persons who wish to provide a written statement should submit an electronic copy to Mr. McCraw at the contact information listed above. All submittals must be received by January 1, 2008, and must pertain to the topics on the agenda for the meeting. 2. Questions and comments from members of the public will be permitted during the meeting, at the discretion of the Chairman. 3. The transcript and written comments will be available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, Maryland 20852-2738, telephone

(800)397-4209, on or about May 1, 2008. 4. Persons who require special services, such as those for the hearing impaired, should notify Mr. McCraw of their planned attendance. This meeting will be held in accordance with the Atomic Energy Act of 1954, as amended (primarily Section 161a); the Federal Advisory Committee Act (5 U.S.C. App); and the Commission's regulations in Title 10, *U.S. Code of Federal Regulations* , Part 7. Dated: December 10, 2007. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E7-24286 Filed 12-13-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Procurement Thresholds for Implementation of the Trade Agreements Act of 1979 AGENCY: Office of the United States Trade Representative. ACTION: Determination of procurement thresholds under the World Trade Organization Agreement on Government Procurement, the United States-Australia Free Trade Agreement, the United States-Bahrain Free Trade Agreement, the United States-Chile Free Trade Agreement, the Dominican Republic-Central American-United States Free Trade Agreement, the United States-Morocco Free Trade Agreement, the North American Free Trade Agreement, and the United States-Singapore Free Trade Agreement. FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement Negotiator, Office of the United States Trade Representative,

(202)395-9476 or *Jean_Grier@ustr.eop.gov* . SUMMARY: Executive Order 12260 requires the United States Trade Representative to set the U.S. dollar thresholds for application of Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 *et seq.* ), which implements U.S. trade agreement obligations, including those under the World Trade Organization

(WTO)Agreement on Government Procurement, Chapter 15 of the United States-Australia Free Trade Agreement (U.S.-Australia FTA), Chapter 9 of the United States-Bahrain Free Trade Agreement (U.S.-Bahrain FTA), Chapter 9 of the United States-Chile Free Trade Agreement (U.S.-Chile FTA), Chapter 9 of the Dominican Republic-Central American-United States (DR-CAFTA), Chapter 9 of the United States-Morocco Free Trade Agreement (U.S.-Morocco FTA), Chapter 10 of the North American Free Trade Agreement (NAFTA), and Chapter 13 of the United States-Singapore Free Trade Agreement (U.S.-Singapore FTA). These obligations apply to covered procurements valued at or above specified U.S. dollar thresholds. Now, therefore, I, Susan C. Schwab, United States Trade Representative, in conformity with the provisions of Executive Order 12260, and in order to carry out U.S. trade agreement obligations under the WTO Agreement on Government Procurement, Chapter 15 of the U.S.-Australia FTA, Chapter 9 of the U.S.-Bahrain FTA, Chapter 9 of the U.S.-Chile FTA, Chapter 9 of DR-CAFTA, Chapter 9 of the U.S.-Morocco FTA, Chapter 10 of NAFTA, and Chapter 13 of the U.S.-Singapore FTA, do hereby determine, effective on January 1, 2008: For the calendar years 2008-2009, the thresholds are as follows: I. WTO Agreement on Government Procurement *A. Central Government Entities listed in U.S. Annex 1:*

(1)Procurement of goods and services—$194,000; and

(2)Procurement of construction services—$7,456,000. *B. Sub-Central Government Entities listed in U.S. Annex 2:*

(1)Procurement of goods and services—$529,000; and

(2)Procurement of construction services—$7,456,000. *C. Other Entities listed in U.S. Annex 3:*

(1)Procurement of goods and services—$596,000; and

(2)Procurement of construction services—$7,456,000. II. U.S.-Australia FTA, Chapter 15 *A. Central Government Entities listed in the U.S. Schedule to Annex 15-A, Section 1:*

(1)Procurement of goods and services—$67,826; and

(2)Procurement of construction services—$7,456,000. *B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 15-A, Section 2:*

(1)Procurement of goods and services—$529,000; and

(2)Procurement of construction services—$7,456,000. *C. Other Entities listed in the U.S. Schedule to Annex 15-A, Section 3:*

(1)Procurement of goods and services for List A Entities—$339,132;

(2)Procurement of goods and services for List B Entities—$596,000;

(3)Procurement of construction services—$7,456,000. III. U.S.-Bahrain FTA, Chapter 9 *A. Central Government Entities listed in the U.S. Schedule to Annex 15-A, Section 1:*

(1)Procurement of goods and services—$194,000; and

(2)Procurement of construction services—$8,817,449. *B. Other Entities listed in the U.S. Schedule to Annex 9-A, Section 3:*

(1)Procurement of goods and services for List B entities—$596,000; and

(2)Procurement of construction services—$10,852,752. IV. U.S.-Chile FTA, Chapter 9 *A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A:*

(1)Procurement of goods and services—$67,826; and

(2)Procurement of construction services—$7,456,000. *B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B:*

(1)Procurement of goods and services—$529,000; and

(2)Procurement of construction services—$7,456,000. *C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C:*

(1)Procurement of goods and services for List A Entities— $339,132;

(2)Procurement of goods and services for List B Entities— $596,000;

(3)Procurement of construction services—$7,456,000. V. DR-CAFTA, Chapter 9 *A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A:*

(1)Procurement of goods and services—$67,826; and

(2)Procurement of construction services—$7,456,000. *B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B:*

(1)Procurement of goods and services—$529,000; and

(2)Procurement of construction services—$7,456,000. *C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C:*

(1)Procurement of goods and services for List B Entities— $596,000;

(2)Procurement of construction services—$7,456,000. VI. U.S.-Morocco FTA, Chapter 9 *A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A:*

(1)Procurement of goods and services—$194,000; and

(2)Procurement of construction services—$7,456,000. *B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B:*

(1)Procurement of goods and services—$529,000; and

(2)Procurement of construction services—$7,456,000. *C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C:*

(1)Procurement of goods and services for List B Entities— $596,000;

(2)Procurement of construction services—$7,456,000. VII. NAFTA, Chapter 10 *A. Federal Government Entities listed in the U.S. Schedule to Annex 1001.1a-1:*

(1)Procurement of goods and services—$67,826; and

(2)Procurement of construction services—$8,817,449. *B. Government Enterprises listed in the U.S. Schedule to Annex 1001.1a-2:*

(1)Procurement of goods and services—$339,132; and

(2)Procurement of construction services—$10,852,752. VIII. U.S.-Singapore FTA, Chapter 13 *A. Central Government Entities listed in the U.S. Schedule to Annex 13A, Schedule 1, Section A:*

(1)Procurement of goods and services—$67,826; and

(2)Procurement of construction services—$7,456,000. *B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 13A, Schedule 1, Section B:*

(1)Procurement of goods and services—$529,000; and

(2)Procurement of construction services—$7,456,000. *C. Other Entities listed in the U.S. Schedule to Annex 13A, Schedule 1, Section C:*

(1)Procurement of goods and services—$596,000;

(2)Procurement of construction services—$7,456,000. Susan C. Schwab, United States Trade Representative. [FR Doc. E7-24212 Filed 12-13-07; 8:45 am] BILLING CODE 3190-W8-P PENSION BENEFIT GUARANTY CORPORATION Required Interest Rate Assumption for Determining Variable-Rate Premium for Single-Employer Plans; Interest Assumptions for Multiemployer Plan Valuations Following Mass Withdrawal AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of interest rates and assumptions. SUMMARY: This notice informs the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere), but are collected and published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site ( *http://www.pbgc.gov* ). DATES: The required interest rate for determining the variable-rate premium under part 4006 applies to premium payment years beginning in December 2007. The interest assumptions for performing multiemployer plan valuations following mass withdrawal under part 4281 apply to valuation dates occurring in January 2008. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: Variable-Rate Premiums Section 4006(a)(3)(E)(iii)(II) of the Employee Retirement Income Security Act of 1974 (ERISA) and § 4006.4(b)(1) of the PBGC's regulation on Premium Rates (29 CFR part 4006) prescribe use of an assumed interest rate (the “required interest rate”) in determining a single-employer plan's variable-rate premium. Pursuant to the Pension Protection Act of 2006, for premium payment years beginning in 2006 or 2007, the required interest rate is the “applicable percentage” of the annual rate of interest determined by the Secretary of the Treasury on amounts invested conservatively in long-term investment grade corporate bonds for the month preceding the beginning of the plan year for which premiums are being paid (the “premium payment year”). On February 2, 2007 (at 72 FR 4955), the Internal Revenue Service

(IRS)published final regulations containing updated mortality tables for determining current liability under section 412(l)(7) of the Code and section 302(d)(7) of ERISA for plan years beginning on or after January 1, 2007. As a result, in accordance with section 4006(a)(3)(E)(iii)(II) of ERISA, the “applicable percentage” to be used in determining the required interest rate for plan years beginning in 2007 is 100 percent. The required interest rate to be used in determining variable-rate premiums for premium payment years beginning in December 2007 is 6.14 percent (i.e., 100 percent of the 6.14 percent composite corporate bond rate for November 2007 as determined by the Treasury). The following table lists the required interest rates to be used in determining variable-rate premiums for premium payment years beginning between January 2007 and December 2007. For premium payment years beginning in: The required interest rate is: January 2007 5.75 February 2007 5.89 March 2007 5.85 April 2007 5.84 May 2007 5.98 June 2007 6.01 July 2007 6.32 August 2007 6.33 September 2007 6.33 October 2007 6.23 November 2007 6.14 December 2007 6.14 Multiemployer Plan Valuations Following Mass Withdrawal The PBGC's regulation on Duties of Plan Sponsor Following Mass Withdrawal (29 CFR part 4281) prescribes the use of interest assumptions under the PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044). The interest assumptions applicable to valuation dates in January 2008 under part 4044 are contained in an amendment to part 4044 published elsewhere in today's **Federal Register** . Tables showing the assumptions applicable to prior periods are codified in appendix B to 29 CFR part 4044. Issued in Washington, DC, on this 10th day of December 2007. Vincent K. Snowbarger, Deputy Director, Pension Benefit Guaranty Corporation. [FR Doc. E7-24244 Filed 12-13-07; 8:45 am] BILLING CODE 7709-01-P OFFICE OF PERSONNEL MANAGEMENT Submission for OMB Review; Comment Request for Review of a Revised Information Collection: RI 98-7 AGENCY: Office of Personnel Management. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management

(OPM)has submitted to the Office of Management and Budget

(OMB)a request for review of a revised information collection. RI 98-7, We Need Important Information About Your Eligibility for Social Security Disability Benefits, is used by OPM to verify receipt of Social Security Administration

(SSA)disability benefits, to lessen or avoid overpayment to Federal Employees Retirement System

(FERS)disability retirees. It notifies the annuitant of the responsibility to notify OPM if SSA benefits begin and the overpayment that will occur with the receipt of both benefits. Approximately 3,000 RI 98-7 forms will be completed annually. The form takes approximately 5 minutes to complete. The annual burden is 250 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on

(202)606-8358, Fax

(202)418-3251 or via e-mail to *MaryBeth.Smith-Toomey@opm.gov.* Please include a mailing address with your request. DATES: Comments on this proposal should be received within 30 calendar days from the date of this publication. ADDRESSES: Send or deliver comments to: Ronald W. Melton, Deputy Assistant Director, Retirement Services Program, Center for Retirement and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3305, Washington, DC 20415-3500 and Brenda Aguilar, OPM Desk Officer, Office of Information & Regulatory Affair, Office of Management and Budget, New Executive Office Building, NW., Room 10235, Washington, DC 20503. *For Information Regarding Administrative Coordination:* Contact: Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/Support Group,

(202)606-0623. U.S. Office of Personnel Management. Howard Weizmann, Deputy Director. [FR Doc. E7-24275 Filed 12-13-07; 8:45 am] BILLING CODE 6325-38-P OFFICE OF PERSONNEL MANAGEMENT Proposed Personnel Demonstration Project; Performance-Based Pay Adjustments in the U.S. Department of Education/Federal Student Aid AGENCY: U.S. Office of Personnel Management. ACTION: Notice of a proposed demonstration project plan. SUMMARY: Chapter 47 of title 5, United States Code, authorizes the U.S. Office of Personnel Management (OPM), directly or in agreement with one or more agencies, to conduct demonstration projects that experiment with new and different human resources management concepts to determine whether changes in human resources policy or procedures would result in improved Federal human resources management. The U.S. Department of Education/Federal Student Aid and OPM propose to test a performance-based pay system within open pay ranges linked to the corresponding minimum and maximum rates for the grades of the General Schedule pay structure. Section 4703 of title 5 requires OPM to publish the proposed project plan in the **Federal Register** . This notice fulfills that requirement. DATES: Written comments must be submitted on or before January 14, 2008. A public hearing will be held on the proposed project plan on Tuesday, January 22, 2008, at the U.S. Department of Education/Federal Student Aid, 830 First Street, NE., Washington, DC, beginning at 10 a.m. (Eastern Time). At the time of the hearing, interested persons or organizations may present their written or oral comments on the proposed demonstration project. The hearing will be informal. However, anyone wishing to testify should contact the person listed under FOR FURTHER INFORMATION CONTACT , so that the U.S. Department of Education/Federal Student Aid and OPM can plan the hearing and provide sufficient time for all interested persons and organizations to be heard. Priority will be given to those on the schedule, with others speaking in any remaining available time. Each speaker's presentation will be limited to ten minutes. Written comments may be submitted to supplement oral testimony during the public comment period. ADDRESSES: Comments may be mailed to Demonstration Projects, U.S. Office of Personnel Management, 1900 E Street, NW., Room 7456, Washington, DC 20415 or submitted by e-mail to *Demoprojects@opm.gov.* FOR FURTHER INFORMATION CONTACT:

(1)U.S. Department of Education/Federal Student Aid: Monica Woods, Human Resources and Workforce Services,

(202)377-3008;

(2)U.S. Office of Personnel Management: Patsy Stevens, Systems Innovation Group Manager,

(202)606-1574, U.S. Office of Personnel Management, 1900 E Street, NW., Room 7456, Washington, DC 20415. SUPPLEMENTARY INFORMATION: The goal of this demonstration project is to make employees' pay increases more performance-sensitive, so that only employees whose performance is Successful or better will receive any pay adjustments and the best performers will receive the largest pay adjustments. Linda M. Springer, Director. Table of Contents I. Executive Summary II. Introduction A. Purpose B. Problems With the Present System C. Changes Required/Expected Benefits D. Participating Organizations E. Participating Employees F. Project Design III. Personnel System Changes A. Performance Appraisal 1. Program Requirements 2. Supervisory Accountability 3. Reconsideration of Ratings B. Open-Range Pay System 1. Elimination of Fixed Steps 2. Rate Range 3. Pay Administration C. Performance-Based Pay Adjustments 1. Pay Pools 2. Performance Shares 3. Pay Adjustments 4. Employees Who Do Not Receive a Pay Adjustment 5. Locality Pay and Special Rate Supplement IV. Training V. Conversion A. Conversion to the Demonstration Project B. Conversion Back to the Former System VI. Project Modification VII. Project Duration VIII. Project Evaluation IX. Costs A. Buy-In Costs B. Recurring Costs X. Waiver of Laws and Regulations Required A. Title 5, United States Code B. Title 5, Code of Federal Regulations I. Executive Summary This project was designed by the U.S. Department of Education/Federal Student Aid in consultation with OPM. The demonstration project will modify the General Schedule pay system by eliminating fixed steps within each grade and providing for annual pay adjustments based on performance. The proposed project will test the application of meaningful distinctions in levels of performance to the allocation of annual pay increases under the General Schedule. II. Introduction A. Purpose The purpose of the proposed project is to modify the General Schedule

(GS)pay system to provide larger annual pay increases to employees who are better performers based on performance distinctions made under a credible, strategically-aligned performance appraisal program and thereby improve the results-oriented performance culture within the organization. B. Problems With the Present System The current GS pay system provides annual pay increases to all employees, even those whose performance is less than Successful. Similarly, periodic within-grade pay increases are virtually automatic. Although an employee's performance must be determined to be at an “acceptable level of competence” in order for the employee to receive a within-grade increase (WGI), this is only a single-level threshold and no further distinctions in levels of performance play a role. All performance levels above the threshold are treated the same for purposes of determining the amount of the increase and the rate at which an employee advances through the rate range of his or her grade. The U.S. Department of Education/Federal Student Aid and OPM do not believe it is a wise use of the limited resources available for the compensation of Federal employees—nor does it serve taxpayers effectively or treat employees fairly—to pass on the same pay adjustments, year after year, to all employees regardless of differences in their performance. The current GS pay system does provide one limited tool to address distinctions in levels of performance—namely, quality step increases (QSIs). QSIs are discretionary adjustments that are not integrated into the normal pay adjustment process; thus, limited funds are available to provide QSIs, and the decision-making process may not be very transparent. In addition, there is no flexibility as to the amount of the QSI; a full step increase is required. Also, QSIs may be used only for those with the highest rating of record. In summary, QSIs alone cannot be relied upon to establish an effective link between pay and performance based on meaningful distinctions among different levels of performance. Under these constraints of the GS pay system, agencies are severely limited in their ability to establish a results-oriented performance culture as contemplated under the Human Capital Assessment and Accountability Framework (HCAAF). Within the HCAAF, a results-oriented performance culture effectively plans, monitors, develops, rates, and rewards employee performance, consistent with the merit system principle that “appropriate incentives and recognition should be provided for excellence in performance” (5 U.S.C. 2301(b)(3)). C. Changes Required/Expected Benefits The proposed demonstration project responds to the problem identified above by eliminating the 10 fixed steps within each of the 15 GS grades and by making annual GS pay adjustments performance-sensitive. Pay adjustments will be funded from a pay pool consisting of the amounts that would otherwise be used to pay the annual GS pay adjustment, WGIs, and QSIs to employees covered by the demonstration project. A share mechanism will be used to allocate pay increases among employees with different levels of performance, and managers will be expected to provide fair and equitable performance ratings. Implementation of the proposed pay system will result in larger pay increases going to employees who demonstrate higher performance. By regularly rewarding better performance with better pay, participating organizations will strengthen their results-oriented performance cultures. Among other things, they will be better able to retain their good performers and recruit new ones. D. Participating Organizations The demonstration project will be conducted within the U.S. Department of Education/Federal Student Aid, which is committed to operating a credible, robust performance appraisal program aligned to the organization's strategic goals and objectives, and has demonstrated a commitment to providing the training and resources that will be needed to make its performance management program highly effective and credible. E. Participating Employees The demonstration project will cover all GS rating officials in the Federal Student Aid organization. Table 1 shows the number of employees to be covered by the project by occupational series and grade. Table 1.—Covered Employees, by Occupational Series and Grade OCC series GS grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total 201 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 301 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 303 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 340 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 3 343 0 0 0 0 0 0 0 0 0 0 0 0 0 17 32 49 501 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 2 510 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 6 560 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1101 0 0 0 0 0 0 0 0 0 0 0 0 1 26 2 29 1102 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1160 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 2210 0 0 0 0 0 0 0 0 0 0 0 0 0 5 6 11 Total 105 Management has provided initial notice to affected employees and will continue consultation throughout project implementation. F. Project Design The project has been designed simply to ensure that no participating employee with a rating of record of less than Successful will receive a pay increase and that funds available for pay adjustments will be allocated on the basis of performance. III. Personnel System Changes A. Performance Appraisal U.S. Department of Education/Federal Student Aid recognizes the importance of maintaining a highly credible performance management program. The U.S. Department of Education/Federal Student Aid will use a performance management program under the Department of Education appraisal system that has been approved by OPM consistent with chapter 43 of title 5, United States Code. Throughout the duration of the demonstration project, the effectiveness of performance management within the project will be monitored by examining metrics and assessments that OPM and agencies generally apply to performance management and programs. 1. Program Requirements The U.S. Department of Education/Federal Student Aid performance appraisal program requires written performance plans for each covered employee containing the employee's performance elements and standards. The performance plan links the performance elements and standards for individual employees to the organization's strategic goals and objectives. Ongoing feedback and dialogue between employees and their supervisors regarding performance is required. In addition, the program provides for, at a minimum, one mid-year progress review. The appraisal program, including its performance levels and standards, provides for making meaningful distinctions in performance. Its summary level pattern under 5 CFR 430.208(d) uses Levels 1, 2, 3, 4, and 5, which the U.S. Department of Education/Federal Student Aid has labeled Unacceptable, Minimally Successful, Successful, Highly Successful, and Outstanding, respectively. Employees must be covered by the appraisal program for at least 120 days before they can be assigned a performance rating. Supervisors and managers apply the program to make appropriate differentiations in performance, as shown through ratings distributions, that reflect overall organizational performance. Employees receive a written performance appraisal (i.e., a rating of record) annually. Forced distribution of ratings is prohibited. Each annual appraisal period will begin on October 1 and end on the following September 30. New employees on a 120-day performance plan that extends beyond the official appraisal period end date, but ends on or before December 31, will receive a rating of record at the conclusion of that performance plan's cycle, and will receive a prorated pay adjustment in accordance with section III.C. Performance appraisals will be completed in a timely manner to support pay decisions in accordance with section III.C. Additional guidance on the U.S. Department of Education/Federal Student Aid performance appraisal program will be provided through internal policies and operating directives. Performance appraisal is an evolutionary process, and changes may be made during the course of the demonstration project based on findings from our ongoing evaluations and reviews. Any changes will be communicated to affected employees prior to the U.S. Department of Education/Federal Student Aid's implementing the changes. 2. Supervisory Accountability Supervisors are responsible for recognizing exceptional performance and providing appropriate consequences for employee performance by addressing poor performance. The performance expectations for supervisors and managers include the degree to which supervisors and managers plan, assess, monitor, develop, correct, rate, and reward subordinate employees' performance. To effectively meet these performance expectations, supervisors must articulate clear job requirements and performance expectations, provide regular performance feedback, and support employee development through training opportunities, coaching, mentoring, and individual performance plans. It is recognized that specific training will be provided to prepare supervisors and managers to exercise these responsibilities. 3. Reconsideration of Ratings To support fairness and transparency for the program and its consequences, employees have an opportunity to request reconsideration of a rating of record by a management official other than the rating official. Such reconsiderations must be in writing and initiated no more than 15 days after the official rating of record has been given to the employee. The management official must provide a decision on whether to adjust the official rating of record in accordance with the timeframes provided through internal policies and operating directives on administrative grievances. If the reconsideration of the appraisal results in a different rating of record, the revised rating of record will become the basis for the employee's pay adjustment(s) in accordance with section III.C. If the adjustment occurs after all pay deliberations have been finalized, it does not result in a recalculation of other employees' pay adjustments. B. Open-Range Pay System Employees will continue to be covered by the 15-grade GS position classification system established under 5 U.S.C. chapter 51; however, the GS pay system established under 5 U.S.C. chapter 53, subchapter III, will be modified as described in the following sections. Except as otherwise provided in this plan, demonstration project employees will be considered to be GS employees in applying other laws, regulations, and policies. 1. Elimination of Fixed Steps The ten fixed steps of each GS grade will not apply to employees participating in the demonstration project. The fixed-step system was designed to reward longevity. An open-range pay system is an important element of any effort to make pay more performance-sensitive. No employee's pay will be reduced as a result of becoming covered by the demonstration project. However, demonstration project employees will no longer receive longevity-based, performance-insensitive within-grade pay increases at prescribed intervals. Instead, they will be granted annual performance adjustments as described in section III.C below. 2. Rate Range The normal minimum and maximum rates of the rate range for each grade will equal the applicable step 1 rate and step 10 rate, respectively, in the General Schedule. For employees with a rating of record below Successful, the minimum rate of the range is extended 5 percent below the normal minimum. An employee's rate may fall below the normal range minimum when that minimum increases as a result of a rate range adjustment and the employee cannot receive a pay adjustment because the employee's rating of record is below Successful, as described in section III.C.4. The U.S. Department of Education/Federal Student Aid may, at its discretion, extend the maximum rate of each range by five percent above the normal maximum for employees with a summary rating level at the highest level (Outstanding). Before implementing this feature, the U.S. Department of Education/Federal Student Aid must notify demonstration project employees in writing. This upper range extension is designed to help ensure that the range of available pay rates will be adequate to recognize truly outstanding performance. If an employee within this range extension receives a rating below the highest level, the employee's rate may not be increased except as necessary to prevent the rate from falling below the normal range maximum due to a rate range adjustment. In addition to rates of basic pay within the rate range, employees may receive locality payments or special rate supplements as described in the next section. 3. Pay Administration Performance-based pay adjustments described in section III.C will be made to the rate of basic pay. These adjustments are scheduled to be made on the same date that annual rate range adjustments normally take effect—i.e., the first day of the first pay period beginning on or after January 1. Locality-based comparability payments under 5 U.S.C. 5304 and special rate supplements under 5 U.S.C. 5305, as applicable, will be paid on top of the rate of basic pay in the same manner as those payments apply to other GS employees, except as otherwise provided in this section. If the U.S. Department of Education/Federal Student Aid extends the maximum rate of each range by 5 percent above the normal maximum for Outstanding performers, an adjusted rate cap 5 percent higher than the normal EX-IV cap may be established to accommodate those Outstanding performers. This higher cap will apply only to employees with an Outstanding rating of record whose pay rate is in the upper range extension. If the locality rate for an employee at the normal grade maximum is affected by the EX-IV cap, resulting in an “effective locality pay percentage” that is less than the regular locality pay percentage, the locality rate for an employee in the upper rate range extension of the same grade will be computed using that same effective locality pay percentage. For example, if the regular locality pay percentage is 30 percent, but the EX-IV cap causes the amount of locality pay actually received by an employee at the normal grade maximum to be 20 percent, that effective locality pay percentage of 20 percent would be used to compute locality pay for an employee in the upper range extension of the same grade. Similarly, if the special rate supplement-adjusted rate for an employee at the normal grade maximum is affected by the EX-IV cap, resulting in an “effective special rate supplement percentage” that is less than the regular special rate supplement percentage, the adjusted rate for an employee in the upper rate range extension of the same grade will be computed using that same effective special rate supplement percentage. Subject to guidance provided by OPM, the U.S. Department of Education/Federal Student Aid will establish pay administration rules for determining an employee's rate of pay upon initial appointment, promotion, demotion, transfer, reassignment, or other position change. In addressing geographic conversions and simultaneous pay actions, such rules must be consistent with 5 CFR 531.205 and 5 CFR 531.206, respectively. Upon promotion, an employee is entitled to an increase of 8 percent, or a higher increase as necessary to set the employee's rate at the minimum of the range for the higher grade. U.S. Department of Education/Federal Student Aid may establish exceptions to this policy to deal with employees receiving a retained rate, employees who are re-promoted shortly after a demotion, employees with exceptional performance warranting a larger increase with higher management approval, etc. The grade retention provisions in 5 U.S.C. 5362 and 5 CFR part 536 apply to demonstration project employees. The pay retention rules in 5 U.S.C. 5363 and 5 CFR part 536 apply to demonstration project employees, subject to exceptions described in this section. One exception is that an employee with a rating of record below Successful may not receive an increase in his or her retained rate under 5 U.S.C. 5363(b)(2)(B). For such an employee, the retained rate is frozen and not subject to adjustment. When such an employee's retained rate falls below the applicable adjusted rate for the grade maximum, the employee's retained rate will be terminated, and the employee's pay will be set at an adjusted rate equal to the retained rate (i.e., the rate is not set at the range maximum). If the U.S. Department of Education/Federal Student Aid extends the maximum rate of each range by 5 percent above the normal maximum for Outstanding employees and establishes a locality and special rate cap 5 percent higher than the normal EX-IV cap, the following special rules would apply:

(1)The cap on retained rates will be equal to the rate for level IV of the Executive Schedule plus 5 percent (instead of the EX-IV cap established under 5 CFR 536.306) in order to accommodate the upper range extension.

(2)An employee in the upper range extension who is rated below Outstanding will be converted to a retained rate before processing any other pay action.

(3)The range maximum rate used in computing retained rate adjustments will always be the applicable adjusted rate for the normal range maximum (including any applicability locality payment or special rate supplement), not the upper range extension maximum, regardless of the employee's rating of record.

(4)If an employee is receiving a retained rate that is less than the applicable adjusted maximum rate (including any applicable locality payment or special rate supplement) for the upper range extension for the employee's grade, and if that employee receives a rating of record of Outstanding, the employee's retained rate will be terminated and converted to an equal adjusted rate (base rate in upper range extension plus applicable locality payment or special rate supplement). This conversion must be processed before any other pay adjustment.

(5)For a retained rate employee with a rating of record of Outstanding, if a retained rate adjustment provided at the time of a range adjustment results in the retained rate falling below the applicable adjusted rate for the upper range extension maximum, the employee's retained rate will be terminated, and the employee's pay will be set at the maximum rate of the upper range extension.

(6)For a retained rate employee with a rating of record of Successful or Highly Successful, if a retained rate increase provided at the time of a range adjustment results in the retained rate falling below the applicable adjusted rate for the normal grade maximum, the employee's retained rate will be terminated, and the employee's pay will be set at the normal grade maximum rate. As required by 5 CFR 536.304(a)(2) and 536.305(a)(2), any general pay adjustment, including a retained rate adjustment as described in the preceding paragraphs, must be processed before any other simultaneous pay action (such as a geographic pay conversion). When applicable, the saved pay rules in 5 U.S.C. 3594 and 5 CFR 359.705 for former members of the Senior Executive Service continue to apply to demonstration project employees, except that

(1)an employee with a rating of record below Successful may not receive an increase in his or her saved rate under 5 U.S.C. 3594(c)(2); and

(2)the 50-percent adjustment rule must be applied in the same manner as it is applied for a retained rate under 5 U.S.C. 5363, subject to the modifications described in the preceding paragraphs. The rules regarding termination of a saved rate when it falls below the applicable adjusted maximum rate must be parallel to those governing termination of a retained rate under 5 U.S.C. 5363, subject to the modifications described in the preceding paragraphs. An employee's rate of basic pay may not exceed the normal maximum rate for the employee's grade unless the employee is receiving a retained rate under 5 U.S.C. 5363, a saved rate under 5 U.S.C. 3594, or is entitled to a rate within the upper range extension for employees with an Outstanding rating of record as provided under section III.B.2. An employee's rate of basic pay may not be below the normal minimum rate for the employee's grade unless the employee's most recent rating of record is below Successful. C. Performance-based Pay Adjustments 1. Pay Pools Participating employees whose most recent rating of record is below Successful will not receive the annual GS pay adjustment. Funds that otherwise would be spent on the across-the-board GS pay adjustment, WGIs, and QSIs for demonstration project employees will instead be placed into a pay pool, which will be used to fund annual performance-based pay increases for those employees whose rating of record is Successful or higher. If in any given year there is not an across-the-board GS pay increase, the pay pool used to fund the performance-based pay adjustments will consist only of those funds that otherwise would be used for WGIs and QSIs. A share mechanism will be used

(1)to ensure that employees with higher ratings of record receive greater pay increases than employees with relatively lower ratings and

(2)to control costs without resorting to a forced distribution of ratings. Each employee will be assigned a certain number of shares, based on his or her rating of record in accordance with section III.C.2. All employees in the normal rate range whose rating of record is at least Successful will receive an adjustment equal to at least the amount of the annual GS base pay comparability increase under 5 U.S.C. 5303. The U.S. Department of Education/Federal Student Aid will determine which participating employees are covered by any pay pool and determine the dollar value of each pay pool. In setting the value of pay pools, the U.S. Department of Education/Federal Student Aid will allocate an amount for performance pay increases at least equal to the estimated value of the WGIs, QSIs, and annual GS pay adjustments that otherwise would have been paid to participating employees. In computing the estimated value of WGIs and QSIs, the U.S. Department of Education/Federal Student Aid may use estimated Governmentwide averages, as computed by OPM. 2. Performance Shares The U.S. Department of Education/Federal Student Aid will establish rating/share patterns for the pay pool—that is, the relationship between a rating of record and a single number of shares. Initially, the U.S. Department of Education/Federal Student Aid will use an approach under which the number of shares assigned to an employee with a Successful or higher rating of record will equal that employee's numerical performance score, which may range from 3.00 to 5.00. (Currently, performance scores are computed to the second decimal place.) Employees with a rating of record below Successful (performance score less than 3.00) will be assigned 0 shares. No shares may be assigned to an employee with a rating of record below Successful, since no pay increase is payable to employees with such a rating of record. The U.S. Department of Education/Federal Student Aid may revise the rating/share pattern for employees with a Successful or higher rating of record in coordination with OPM and after giving affected employees advance notice. Employees will be informed in writing at least 180 days before the end of the appraisal period of any decision by the U.S. Department of Education/Federal Student Aid to change the rating/share pattern. After the rating of record and shares are assigned to all employees, the value of a single share can be calculated. 3. Pay Adjustments *In general:* The U.S. Department of Education/Federal Student Aid will determine an employee's performance payout by first multiplying the employee's rate of basic pay by the number of assigned shares, and then multiplying the result of that calculation by the determined value of a performance share. The performance share value, expressed as a percentage, will be an allocated portion of the pay pool funds based on the employee's performance rating. On the first day of the first pay period beginning on or after January 1 of each year, this amount must be paid as an increase in the employee's rate of basic pay, but only to the extent that it does not cause the employee's rate to exceed the applicable maximum of the employee's rate range. Notwithstanding the preceding sentence, employees in the upper range extension rated below the highest level are subject to special rules as described in section III.B.2 and III.B.3. At the discretion of the Secretary or the Secretary's designee, any portion of the employee's performance pay increase amount not delivered as a basic pay increase may be paid out as a lump sum (with no charge to the pay pool). Such a lump-sum payment is not basic pay for any purpose and is not a cash award under chapter 45 of title 5, United States Code. Special rules apply to retained rate employees as described later in this section. In no case may an employee with a rating of record of Successful or higher receive a performance payout that is less than the percentage value of any simultaneous base rate range adjustment, except for employees receiving a retained rate and employees receiving a rate in a upper range extension with a rating of record of Successful or Highly Successful, as provided in section III.B.2. This guaranteed amount will be used in place of any lower performance payout resulting from the share methodology. Any additional costs of using the guaranteed amount will be funded outside the pay pool. Otherwise, the guaranteed amount is applied in the same manner as the regular performance payout. An employee who does not have a rating of record for the appraisal period most recently completed will be treated the same as employees in the pay pool who received the modal rating for that period. The U.S. Department of Education/Federal Student Aid may establish policies on prorating the performance pay increases and/or lump-sum payments for an employee who, during the period between annual pay adjustments, was

(1)hired or promoted,

(2)in leave-without-pay status,

(3)on a part-time work schedule, or

(4)in other circumstances that make proration appropriate. Such proration policies will provide each affected employee with the full percentage adjustment used to adjust base rate ranges (if any) and will prorate any additional amount of performance pay increase that would be applicable to the employee but for the proration requirement. Such proration policies may establish a minimum employment period as a condition to receive any amount of a performance pay increase. If an employee's rating of record that is the basis for a performance payout is retroactively revised through a reconsideration or grievance process, the employee's performance payout must be retroactively recomputed using the share value as originally determined. Any such retroactive corrections are not funded out of the pay pool and do not affect the performance payouts provided to other employees in the pay pool. In setting the size of a future pay pool, management will take into account past and projected corrections. *Special provisions for employees returning to duty after a period of service in the uniformed services or in receipt of workers' compensation benefits:* Special pay-setting provisions apply to employees who do not have a rating of record to support a pay adjustment but who are returning to duty status after a period of leave without pay or separation during which the employee

(1)was serving in the uniformed services (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) with legal restoration rights ( *e.g.* , 38 U.S.C. 4316), or

(2)was receiving workers' compensation benefits under 5 U.S.C. chapter 81, subchapter I. In these cases, the U.S. Department of Education/Federal Student Aid will determine the employee's prospective rate of basic pay upon return to duty by making performance pay adjustments for the intervening period based on the modal rating of record for employees in the pay pool. The performance pay increases during the intervening period may not be prorated based on periods covered by this provision. In addition, a performance pay increase that is effective after the employee's return to duty may not be prorated based on periods covered by this provision. A lump-sum payment for a period including actual service performed after the employee's return to duty must be prorated (based on service covered by this provision) under the same agency proration policies that apply generally to periods of leave without pay. *Special provision for employees receiving a retained rate of basic pay:* An employee receiving a retained rate under 5 U.S.C. 5363 or 5 U.S.C. 3594 is not eligible for a basic pay increase except in conjunction with a rate range adjustment, as described in section III.B.3. At the discretion of the Secretary or the Secretary's designee, a retained rate employee may receive the same lump-sum payment approved for an employee in the same pay pool who is at the applicable range maximum and who has the same performance rating and number of shares. 4. Employees Who Do Not Receive a Pay Adjustment Employees with a rating of record below Successful are prohibited from receiving a pay increase, except if necessary to prevent an employee's rate from falling more than five percent below the normal range minimum. When an employee does not receive a pay increase because of performance below the Successful level, his or her pay rate may fall below the minimum rate of the grade, since that range minimum may be increasing. However, in no case may an employee's rate of basic pay be set more than five percent below the normal range minimum. If the U.S. Department of Education/Federal Student Aid chooses to give such an employee a new rating of record of Successful or higher before the end of the current appraisal period, the employee is entitled to an increase effective on the first day of the first pay period beginning on or after the date the new rating is final. The increase must be the same dollar amount as the increase the employee would have received if he or she had been rated Successful at the time the increase was initially denied. Each employee who does not receive an increase in basic pay because his or her performance is less than Successful will be entitled to be notified promptly in writing of that fact. At the same time, the employee must be informed in writing of the right to request that the agency reconsider its determination, under the same procedures prescribed by OPM regarding the determination not to provide a within-grade increase under 5 U.S.C. 5335(c). The Merit Systems Protection Board will process any appeals under this section in the same manner that it processes appeals under 5 U.S.C. 5335(c). 5. Locality Pay and Special Rate Supplement When a locality-based comparability payment established under 5 U.S.C. 5304 is increased, a demonstration project employee whose most recent rating of record is below Successful is entitled to the increased locality rate, but his or her underlying rate of basic pay will be reduced in a manner that ensures the employee's total rate of pay does not increase. This reduction is necessary to ensure, in an administratively feasible way, that an employee rated less than Successful will not receive a pay increase; it does not constitute a reduction in pay for purposes of applying the adverse action procedures in chapter 75 of title 5, United States Code. (Exception: An employee's rate of basic pay may not be reduced under this paragraph to the extent that the reduction would cause an employee's rate to fall more than five percent below the normal range minimum.) Similarly, when a special rate supplement established under 5 U.S.C. 5305 is increased, a demonstration project employee whose rating of record is below Successful is entitled to the increased supplement, but his or her underlying rate of basic pay will be reduced in a manner that ensures the employee's total rate of pay does not increase. IV. Training Training for all involved is essential to the success of the demonstration project. Training will be provided to affected employees before the project is launched and throughout the life of the project. It is important that employees perceive the performance management program as fair and transparent; therefore, supervisors and managers will be trained extensively in setting and communicating performance elements and standards; monitoring performance and providing timely feedback; developing employee performance and addressing poor performance; rating employees' performance based on their performance plans; and involving employees in the development and implementation of the performance appraisal program. Supervisors and managers will be held accountable for the effective management of the performance of employees they supervise through performance elements set for and appraisals made of their own performance in this regard. All employees will be trained in the performance appraisal process and the pay adjustment mechanism. Various types of training are being considered, including videos, on-line tutorials, and train-the-trainer concepts. V. Conversion A. Conversion to the Demonstration Project Employees whose positions are converted to the demonstration project will be converted with no change in their rate of basic pay. Any simultaneous pay action that was scheduled to take effect under the GS pay system on the date of conversion must be processed before processing the conversion to the modified GS pay system. Immediately after conversion, eligible employees will receive an increase in basic pay reflecting the prorated value of the next scheduled WGI. The prorated value is determined by calculating the portion of the time-in-step an employee has completed toward the waiting period for their next step increase. This additional within-grade “buy in” adjustment will not be made for

(1)employees who are at the step 10 rate of their grade immediately before conversion to the demonstration project,

(2)employees who are receiving a retained rate of pay under 5 U.S.C. 5363 or a saved rate under 5 U.S.C. 3594 immediately before conversion to the demonstration project, or

(3)employees whose performance has been determined to be below Successful. The first performance-based pay increase under the project's pay adjustment mechanism will be effective on the first day of the first pay period beginning on or after January 1, 2009. For employees who enter the demonstration project by lateral reassignment, transfer, or change in position status, the U.S. Department of Education/Federal Student Aid may apply parallel pay conversion rules, including rules for providing a prorated adjustment reflecting time accrued toward a GS within-grade increase or similar within-range adjustment under another pay system. If conversion into the demonstration project is accompanied by a geographic move, the employee's pay entitlements under the former pay system in the new geographic area must be determined before the pay conversion. For employees who enter the demonstration project after the conversion date and receive a rating of record for a performance plan of at least 120 days, the U.S. Department of Education/Federal Student Aid will apply a prorated pay adjustment proportionate to the time accrued under the performance-based pay system, in accordance with section III.C. B. Conversion Back to the Former System If a demonstration project employee is moving to a GS position not under the demonstration project, or if the project ends and each project employee must be converted back to a GS position not covered by the project, the employee's rate of basic pay under the demonstration project as in effect immediately before conversion will be used in applying any simultaneous pay actions under the regular GS pay system that are effective on the date of conversion (e.g., promotion, geographic movement). If the rate of basic pay falls between steps after applying any simultaneous pay actions, the employee's rate will be set at the next higher step. If a demonstration project employee is receiving a retained rate immediately before conversion back to the regular GS pay system, the employee will continue to be entitled to a retained rate upon conversion, but the retained rate thereafter will be governed by 5 U.S.C. 5363 and 5 CFR part 536 or 5 CFR 359.705, as applicable. If the U.S. Department of Education/Federal Student Aid establishes a five percent rate upper range extension for Outstanding performers and a demonstration project employee is receiving a rate in that range extension at the time the employee leaves the demonstration project and converts to the regular GS pay system, that rate will be converted to a retained rate, subject to the rules and limitations in 5 U.S.C. 5363 and 5 CFR part 536. If a demonstration project employee is receiving a rate below the normal GS rate range because his or her rate has fallen within the lower range extension for less than Successful performers, that rate must be converted to the minimum rate for the grade upon conversion to the regular GS pay system. VI. Project Modification Demonstration projects require modification from time to time as experience is gained, results are analyzed, and conclusions are reached on how the system is working. The U.S. Department of Education/Federal Student Aid may modify and adjust over time features and elements of this project plan. The Department/Federal Student Aid will coordinate such modifications with OPM and gain its approval prior to implementing the modification. Depending on the nature and extent of the modification, OPM may require that the modification be published as a notice in the **Federal Register** . VII. Project Duration The initial implementation period for the demonstration project will be 5 years. However, with OPM's concurrence, the project may be extended for additional testing or terminated before the expiration of the five-year period. VIII. Project Evaluation Chapter 47 of title 5, United States Code, requires an evaluation of the results of the demonstration project. The U.S. Department of Education/Federal Student Aid, in coordination with OPM, will develop a plan to evaluate the demonstration project to determine the extent to which the pay increases paid to participating employees reflect meaningful distinctions among their levels of performance. Workforce data will be analyzed to determine whether the project is achieving its goal and whether it is resulting in any adverse impact on particular groups of employees. Key indicators, including leadership commitment, communication, stakeholder involvement, training, planning, mission alignment, and the rewarding of performance, will be assessed to ensure compliance with stated project goals. The evaluation will address the extent to which the project has incorporated the elements required by section 1126 of Public Law 108-136 (5 U.S.C. 4701 note). In addition, the project will be examined during each phase of the evaluation to assess whether costs are being managed effectively. Moreover, cost discipline will be examined during each phase of the evaluation to ensure spending remains within acceptable limits. Finally, employee feedback will be sought through surveys, interviews, and focus groups to assess employee perceptions of the fairness and integrity of the performance appraisal and pay adjustment processes. IX. Costs A. Buy-in Costs There will be added costs resulting from the within-grade increase “buy-in” provision described in section V; however, those costs will be offset by the elimination of within-grade step increases that otherwise would have occurred. B. Recurring Costs All funding will be provided through the organization's budget. No additional funding will be requested specifically for this project; all costs will be charged to available funds through existing appropriations, including those incurred in the areas of project development, training, and project evaluation. X. Waiver of Laws and Regulations Required A. Title 5, United States Code Chapter 35, section 3594: Saved pay for former members of the Senior Executive Service (only to the extent necessary to

(1)bar employees with a rating of record below Successful from receiving a saved rate increase under 5 U.S.C. 3594(c)(2); and

(2)apply rules parallel to those governing adjustment and termination of retained rates under 5 U.S.C. 5363, as modified under this plan). Chapter 53, section 5302(1)(A),

(8)and (9): Definitions (only to the extent necessary to provide that employees under the demonstration project are not considered to be GS employees for the purposes of annual adjustments under section 5303 or similar provision of law governing annual adjustments for employees covered by section 5303). Chapter 53, section 5303: Annual adjustments to pay schedules. Chapter 53, section 5304(g)(1): Locality-based comparability payments (only to the extent necessary to

(1)provide that if the U.S. Department of Education/Federal Student Aid extends the maximum rate of a rate range by 5 percent above the normal maximum for Outstanding performers, a locality rate may not exceed the rate for EX-IV, plus 5 percent, for employees in that range extension; and

(2)apply an “effective” locality pay percentage for employees in the upper range extension under circumstances described in this plan. Chapter 53, section 5305(a)(1): Special pay authority (only to the extent necessary to

(1)provide that if the U.S. Department of Education/Federal Student Aid extends the maximum rate of a rate range by 5 percent above the normal maximum for Outstanding performers, a special rate may not exceed the rate for EX-IV, plus 5 percent) for employees in that range extension;

(2)to interpret the references to the minimum and maximum rates of a grade as references to the normal minimum and maximum rates of a grade under this plan; and

(3)apply an “effective” special rate supplement percentage for employees in the upper range extension under circumstances described in this plan). Chapter 53, subchapter III: General Schedule pay rates (except that, for purposes of applying any other laws, regulations, or policies that refer to GS employees or to subchapter III of chapter 53 of title 5, United States Code, the modified pay system established under this plan must be considered to be a GS pay system established under such subchapter III; this includes, but is not limited to, references to the General Schedule in section 5304 (relating to locality pay, except as provided in the waiver, above), section 5545(d) (relating to hazard pay), and sections 5753-5754 (dealing with recruitment, relocation, and retention incentives)). Chapter 53, section 5363: Pay retention (only to the extent necessary to

(1)bar employees with a less than Successful rating of record from receiving retained rate increases under 5 U.S.C. 5363(b)(2)(B);

(2)provide the pay (including any locality adjustment or special rate supplement) of an employee in the upper range extension who is rated below Outstanding will be converted to a retained rate before processing any other actions;

(3)provide a retained rate that is less than the maximum rate (including any locality adjustment or special rate supplement) of the upper range extension for an employee who receives a rating of record of Outstanding will be terminated and converted to an equal adjusted rate;

(4)provide the range maximum rate used to compute retained rate adjustments is the normal range maximum rate (including any locality adjustment or special rate supplement); and

(5)provide when a frozen retained rate for an employee with a rating of record below Successful falls below the applicable adjusted rate for the normal grade maximum, the retained rate will be terminated and the employee's pay will be set at an adjusted rate equal to the retained rate). Chapter 75, section 7512(4): Adverse actions (only to the extent necessary to provide that adverse actions do not apply to reductions in rates of basic pay to offset a locality pay or special rate supplement increase as a result of receiving a rating of record below Successful). Note: If any of the provisions of title 5, United States Code, listed above are amended during the period this demonstration project is in effect, U.S. Department of Education/Federal Student Aid may choose to terminate the waiver of one or more such provisions with respect to employees participating in the project, without formally modifying the project itself. U.S. Department of Education/Federal Student Aid must notify OPM when any such waiver is terminated. B. Title 5, Code of Federal Regulations Part 359, subpart G, section 359.705: saved pay for former members of the Senior Executive Service (only to the extent necessary to

(1)bar employees with a rating of record below Successful from receiving a saved rate increase under 5 CFR 359.705(d)(1); and

(2)apply rules parallel to those governing adjustment and termination of retained rates under 5 U.S.C. part 536, as modified under this plan). Part 430, subpart B, section 430.203: Definitions (only to the extent necessary to allow an additional rating of record to support a pay decision under sections III.C.3 or 4 of this project plan). Part 530, section 530.304: Establishing or increasing special rates (only to the extent necessary to

(1)provide that if the U.S. Department of Education/Federal Student Aid extends the maximum rate of a rate range by 5 percent above the normal maximum for Outstanding performers, a special rate may not exceed the rate for EX-IV, plus 5 percent) for employees in that range extension;

(2)to interpret the references to the minimum and maximum rates of a grade as references to the normal minimum and maximum rates of a grade under this plan; and

(3)apply an “effective” special rate supplement percentage for employees in the upper range extension under circumstances described in this plan. Part 531, subpart B: Determining Rate of Basic Pay. Part 531, subpart D: Within-Grade Increases. Part 531, subpart E: Quality Step Increases. Part 531, section 531.604: Determining an employee's locality rate (only to the extent necessary to apply an “effective” locality pay percentage for employees in the upper range extension under circumstances described in this plan). Part 531, section 531.606: Maximum limits on locality rates (only to the extent necessary to provide that if the U.S. Department of Education/Federal Student Aid extends the maximum rate of a rate range by 5 percent above the normal maximum for Outstanding performers, a locality rate may not exceed the rate for EX-IV, plus 5 percent) for employees in that range extension. Part 536, subpart C: Pay Retention (only to the extent necessary to

(1)bar employees with a less than Successful rating of record from receiving retained rate increases under 5 CFR 536.305;

(2)provide that if the U.S. Department of Education/Federal Student Aid extends the maximum rate of a rate range by 5 percent above the normal maximum for Outstanding performers, a retained rate may not exceed the rate for EX-IV, plus 5 percent;

(3)provide the pay (including any locality adjustment or special rate supplement) of an employee in the upper range extension who is rated below Outstanding will be converted to a retained rate before processing any other actions;

(4)provide a retained rate that is less than the maximum rate (including any locality adjustment or special rate supplement) of the upper range extension for an employee who receives a rating of record of Outstanding will be terminated and converted to an equal adjusted rate;

(5)provide the range maximum rate used to compute retained rate adjustments is the normal range maximum rate (including any applicable locality adjustment or special rate supplement); and

(6)provide when a frozen retained rate for an employee with a rating of record below Successful falls below the applicable adjusted rate for the normal grade maximum, the retained rate will be terminated and the employee's pay will be set at an adjusted rate equal to the retained rate). Part 752, section 752.401(a)(4): Adverse actions (only to the extent necessary to provide that adverse action provisions do not apply to reductions in rates of basic pay to offset a locality pay or special rate supplement increase as a result of receiving a rating of record below Successful). Note: If any of the provisions of title 5, Code of Federal Regulations, listed above are revised during the period this demonstration project is in effect, U.S. Department of Education/Federal Student Aid may choose to terminate the waiver of one or more such provisions with respect to employees participating in the project, without formally modifying the project itself. U.S. Department of Education/Federal Student Aid must notify OPM when any such waiver is terminated. [FR Doc. E7-24259 Filed 12-13-07; 8:45 am] BILLING CODE 6325-43-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56929; File No. SR-NASDAQ-2007-086] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding Step-Outs and Transfers of Sales Fees December 7, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on October 31, 2007, The NASDAQ Stock Market LLC (“Nasdaq”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared primarily by Nasdaq. Nasdaq has filed the proposal pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change Nasdaq proposes to:

(i)Offer, for a fee, a match/compare service for Nasdaq members to process step-outs between themselves and

(ii)allow the transfer of Rule 7002 Sales Fees and similar fees of other self-regulatory organizations (“SROs”) without an agreement between the transferring Nasdaq members when such transfers are accompanied by a transfer of the underlying shares. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Nasdaq included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change Nasdaq Rule 7038 enables Nasdaq members to utilize Nasdaq's Automated Confirmation Transaction Service (“ACT”) to transfer all or a portion of the member's obligation to pay a NASD Rule 7002 sale fee or similar fee of another SRO (“sales fees”). 5 In addition, Nasdaq members may also use ACT to process step-outs. 6 5 Nasdaq Rule 7038(a). Rule 7002 fees are designed to defray the costs that Nasdaq pays to the Commission under Section 31(b) of the Act. 15 U.S.C. 78ee(b). 6 Nasdaq Rule 7038(b). A “step-out” is a mechanism for transferring a broker's position in a security in a manner that does not constitute a trade. In one form of a step-out, a party to a previously executed trade transfers its position in the trade to one or more other parties. For example, a broker that buys a large block of stock on behalf of several broker-dealer customers may “step-out” of the trade in order to transfer and allocate its position to its broker-dealer customers. Thus, under this form of a step-out, there is a single trade on a securities market coupled with an arrangement between one of the trade counterparties and one or more additional parties to shift the settlement obligations for the trade to the additional parties. In another form of step-out, a broker uses a clearing-only report to transfer its position from at one clearing broker's account to another clearing broker's account. Under the rule change, Nasdaq will modify Nasdaq Rule 7038(c) to specify that when members use ACT to transfer sales fees but do not also transfer the underlying shares, the clearing firms for the trades in question must be party to an agreement authorizing such transfers between themselves or the firms on whose behalf they clear trades. 7 7 Examples of such an agreement include a Nasdaq “Attachment 2” or the Financial Industry Regulatory Authority's (“FINRA”) new Uniform Trade Reporting Facility Service Bureau/Executing Broker Agreement. Nasdaq is also adding new paragraph

(f)to Nasdaq Rule 7038 that will enable Nasdaq members to use ACT's “match/compare” functionality to process step-outs without an agreement between the transferring Nasdaq members when such transfers are accompanied by a transfer of the underlying shares. Nasdaq will assess a fee for this service whereby each party to a matched/compared transfer will be assessed $0.0144 per 100 shares with a minimum of 400 shares up to maximum of 7,500 shares except in cases where the same participant is on both sides of a transfer in which case the applicable per side fee will be assessed once rather than twice. Nasdaq states that it believes that the proposed rule change is consistent with the provisions of Section 6 of the Act 8 and specifically with Sections 6(b)(4) and

(5)of the Act 9 because the proposal provides for the equitable allocation of reasonable dues, fees, and other charges among members and issuers and other persons using any facility or system which Nasdaq operates or controls and is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and in general to protect investors and the public interest. Nasdaq believes that offering match/compare functionality in connection with step-outs and reducing paperwork requirements for Sales Fee transfers benefits its members by enhancing the efficiency of their post-trade operations and that its proposed fees are reasonable and comparable to similar Financial Industry Regulatory Authority (“FINRA”) fees for comparison services. 10 8 15 U.S.C. 78f. 9 15 U.S.C. 78f(b)(4) and (5). 10 *See* NASD Rule 7002B. B. Self-Regulatory Organization's Statement on Burden on Competition Nasdaq does not believe that the proposed rule change will result in 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 Nasdaq did not solicit or receive written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and Rule 19b-4(f)(6) thereunder 12 because it does not:

(1)Significantly affect the protection of investors or the public interest;

(2)impose any significant burden on competition; and

(3)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate. 11 15 U.S.C. 78s(b)(3)(A). 12 17 C.F.R. 240.19b-4(f)(6). Nasdaq has requested that the Commission waive the 30-day operative delay pursuant to the Commission's authority under Rule 19b-4(f)(6)(iii) 13 to designate a shorter time when such action is consistent with the protection of investors and the public interest. The Commission hereby grants the request. 14 The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest in light of a FINRA rule, which became effective two business days after Nasdaq filed its proposed rule change that requires all shares that underlie a step-out transaction have been previously trade-reported to FINRA-only facilities. 15 In order to ensure that firms can use the same method to conduct step-out trades, it is appropriate for Nasdaq to be able to implement its match/compare functionality on an accelerated basis so that it can be in place for firms that wish to do step-outs through the match and compare functionality for shares that were not exclusively reported over-the-counter before the FINRA restriction became effective. Moreover, the Commission notes that the match/compare functionality has long existed at Nasdaq and that the modifications made by this rule change do not raise any novel legal or policy concerns. Accordingly, the Commission designates the proposed rule change to be operative upon filing with the Commission. 13 17 C.F.R. 240.19b-4(f)(6)(iii). 14 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 15 Securities Exchange Act Release No. 55962 (Jun. 26, 2007), 72 FR 36536 (Jul. 3, 2007) [SR-NASD-2007-040]. *See also* FINRA Regulatory Notice 07-38 (Aug. 2007), available online at *http://www.finra.org/web/groups/rules_regs/documents/notice_to_members/p036643.pdf* . Rule 19b-4(f)(6)(iii) requires Nasdaq to notify the Commission of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission. Nasdaq has requested that the Commission designate a shorter notification time. The Commission hereby waives the five-day notice period. As explained above, it was necessary for Nasdaq to file its proposed rule change expeditiously so as to avoid any disruption in service to its members. At any time within 60 days of the filing of such proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File No. SR-NASDAQ-2007-086 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. NASDAQ-2007-086. 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, 450 Fifth Street, NW., 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 Nasdaq's principal office and on Nasdaq's Web site at *http://nasdaq.complinet.com/nasdaq/display/display.html?rbid=1705&element_id=4* . 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 submission should refer to File No. SR-NASDAQ-2007-086 and should be submitted on or before January 4, 2008. For the Commission by the Division of Trading and Markets pursuant to delegated authority. 16 16 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24201 Filed 12-12-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56932; File No. SR-NYSEArca-2007-112] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of a Proposed Rule Change to List and Trade Shares of the iShares S&P GSCI Commodity-Indexed Trust December 7, 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 December 7, 2007, NYSE Arca, Inc. (“NYSE Arca” 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. This order provides notice of the proposed rule change, and approves the proposed rule change on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NYSE Arca, through its wholly owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities”), proposes to list and trade under NYSE Arca Equities Rule 8.203 shares (“Shares”) of the iShares® S&P GSCI TM Commodity-Indexed Trust (“Trust”). 3 The Trust issues units of beneficial interest ( *i.e.* , the Shares) representing fractional undivided beneficial interests in the net assets of the Trust. The text of the proposed rule change is available on the Exchange's Web site at *http://www.nyse.com* , at the Exchange's principal office, and at the Commission's Public Reference Room. 3 iShares® is a registered trademark of Barclays Global Investors, N.A. “S&P GSCI” is a trademark of Standard & Poor's (“S&P” or “Index Sponsor”), a division of The McGraw-Hill Companies, Inc. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change, and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to list and trade the Shares under NYSE Arca Equities Rule 8.203. The objective of the Trust is for the performance of the Shares to correspond generally to the performance of the S&P GSCI TM Total Return Index, before payment of the Trust's and the Investing Pool's (as described below) expenses and liabilities (the “Total Return Index”). The Trust is currently listed on the New York Stock Exchange LLC (“NYSE”) and trades on NYSE Arca pursuant to unlisted trading privileges. Following Commission approval of this proposed rule change, the Trust will transfer listing from NYSE to NYSE Arca, 4 and will not trade on NYSE. The Exchange represents that the Shares satisfy the requirements of NYSE Arca Equities Rule 8.203 and thereby qualify for listing on the Exchange. 4 *See* Securities Exchange Act Release No. 54013 (June 16, 2006), 71 FR 36372 (June 26, 2006) (SR-NYSE-2006-17) (“NYSE Order”) (approving listing and trading of the Shares on NYSE); Securities Exchange Act Release No. 54025 (June 21, 2006), 71 FR 36856 (June 28, 2006) (SR-NYSEArca-2006-12) (approving, among other things, the trading of the Shares on NYSE Arca pursuant to unlisted trading privileges). The commodity component of the Total Return Index is comprised of a group of commodities included in the S&P GSCI TM Commodity Index (“S&P GSCI TM ” or “Index”), which is a production-weighted index of the prices of a diversified group of futures contracts on physical commodities. The Total Return Index reflects the return of the S&P GSCI TM Excess Return Index (“S&P GSCI TM -ER”), described below, together with the return on specified U.S. Treasury securities that are deemed to have been held to collateralize a hypothetical long position in the futures contracts comprising the S&P GSCI TM -ER. The S&P GSCI TM -ER is calculated based on the same commodities as those in the Total Return Index and S&P GSCI TM Index and reflects the returns that are potentially available through a rolling uncollateralized investment in the contracts comprising the S&P GSCI TM Index. The S&P GSCI TM -ER does not reflect the return on U.S. Treasury securities used to collateralize positions in futures contracts comprising that index. 5 5 S&P acquired the S&P GSCI TM (formerly known as the “Goldman Sachs Commodity Index”), the S&P GSCI TM -ER and the Total Return Index from Goldman Sachs & Co., the prior Index Sponsor, effective May 2007. The Sponsor, defined *infra* , filed Form S-1 for iShares® GSCI TM Commodity-Indexed Trust on July 22, 2005. *See* Registration No. 333-126810 and Registration No. 333-142259 (Trust prospectus dated May 11, 2007). These filings are referred to collectively herein as the “Registration Statement.” According to the Registration Statement, S&P has represented that it will not modify the determination methodology for the S&P GSCI TM Total Return Index from that existing on the date of transfer (May 9, 2007) for at least one year. Thereafter, there can be no assurance as to whether the methodology will be changed. The Trust will attempt to approximate the Total Return Index by holding interests in an Investing Pool (described below) which, in turn, holds futures contracts on the S&P GSCI TM -ER (“CERFs”), together with cash or other short-term securities used to collateralize the futures positions. a. The Trust and Investing Pool The Trust is a Delaware statutory trust that issues units of beneficial interest called Shares, representing fractional undivided beneficial interests in its net assets. Substantially all of the assets of the Trust consist of holdings of the limited liability company interests of a specified commodity pool (“Investing Pool Interests”), which are the only securities in which the Trust may invest. Specifically, the Trust holds interests in the iShares® S&P GSCI TM Commodity-Indexed Investing Pool (“Investing Pool”). The Investing Pool holds long positions in futures contracts on the S&P GSCI TM -ER and will post margin in the form of cash or short-term securities to collateralize these futures positions. Trading on the Chicago Mercantile Exchange (“CME”) Globex electronic trading platform of CERFs based on the GSCI-ER Index commenced effective March 12, 2006 for trade date March 13, 2006. The Trust and the Investing Pool are each commodity pools managed by a commodity pool operator registered as such with the Commodity Futures Trading Commission (“CFTC”). According to the Registration Statement, neither the Trust nor the Investing Pool is an investment company registered under the Investment Company Act of 1940. 6 6 15 U.S.C. 80a. b. The Sponsor and Trustee The sponsor of the Trust (“Sponsor”) is Barclays Global Investors International, Inc. The Sponsor's primary business function is to act as Sponsor and commodity pool operator of the Trust and Manager of the Investing Pool, as discussed below. 7 The Advisor to the Investing Pool is Barclays Global Fund Advisors, a California corporation and an indirect subsidiary of Barclays Bank PLC. 7 Barclays Global Investors International, Inc. is a commodity pool operator registered with the CFTC. Barclays Global Investors International, Inc. also serves as the Manager of the Investing Pool, in which capacity it serves as commodity pool operator of the Investing Pool and is responsible for its administration. The Manager arranges for and pays the costs of organizing the Investing Pool. The Manager has delegated some of its responsibilities for administering the Investing Pool to the Administrator, State Street Bank and Trust Company which, in turn, has employed the Investing Pool Administrator and the Tax Administrator (PriceWaterhouse Coopers) to maintain various records on behalf of the Investing Pool. The trustee of the Trust (“Trustee”) is Barclays Global Investors, N.A., a national banking association affiliated with the Sponsor. The Trustee is responsible for the day-to-day administration of the Trust. 8 Pursuant to NYSE Arca Equities Rule 8.203(e)(4)(ii), a change in the Trustee would require prior notice to and approval by the Exchange. The Exchange notes that both the Sponsor and the Trustee will establish firewall procedures with respect to personnel who have access to information concerning changes and adjustments to components of the Trust to prevent the use and dissemination of material non-public information. 8 Except as otherwise specifically noted, the information provided by the Exchange in its proposed rule change relating to the Trust and the Shares, commodities markets, and related information is based entirely on information included in the Registration Statement. c. The Investing Pool The Investing Pool holds long positions in CERFs, which are cash-settled futures contracts listed on the CME that have a term of approximately five years after listing and whose settlement at expiration is based on the value of the S&P GSCI TM -ER at that time. The Investing Pool also earns interest on the assets used to collateralize its holdings of CERFs. A detailed description of the Trust, the Investing Pool, characteristics and calculation of the S&P GSCI TM Total Return Index, the S&P GSCI TM Index, and S&P GSCI TM -ER, characteristics and valuation of CERFs, computation of the Trust's net asset value, creation and redemption procedures, and Trust fees is included in the NYSE Order 9 and the Registration Statement. 10 9 *See supra* at note 4. 10 *See supra* at note 5. d. The Index Committee and Index Advisory Panel The Index Sponsor has established an Index Committee to oversee the daily management and operations of the S&P GSCI TM , and is responsible for all analytical methods and calculations. The Index Committee is comprised of three full-time professional members of S&P's staff and two members of Goldman Sachs Group. At each meeting, the Index Committee reviews any issues that may affect index constituents, statistics comparing the composition of the indices to the market, commodities that are being considered as candidates for addition to an index, and any significant market events. In addition, the Index Committee may revise index policy covering rules for selecting commodities, or other matters. S&P considers information about changes to its indices and related matters to be potentially market moving and material. Therefore, all Index Committee discussions are confidential. 11 11 The Exchange states that, in this instance, it will apply Commentary .01(b)(1) of NYSE Arca Equities Rule 5.2(j)(3) to the Shares. This provision requires, among other things, that the Index Committee implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material non-public information regarding the Index. In addition, the Index Sponsor has established an Index Advisory Panel to assist it with the operation of the S&P GSCI TM . The principal purpose of the Index Advisory Panel is to advise the Index Sponsor with respect to, among other things, the calculation of the S&P GSCI TM , the effectiveness of the S&P GSCI TM as a measure of commodity futures market performance and the need for changes in the composition or the methodology of the S&P GSCI TM . The Index Advisory Panel acts solely in an advisory and consultative capacity. All decisions with respect to the composition, calculation and operation of the S&P GSCI TM are made by the Index Committee. The Index Advisory Panel generally meets in October of each year. Prior to the meeting, the Index Sponsor determines the commodities to be included in the S&P GSCI TM for the following calendar year and the weighting factors for each commodity. The Index Advisory Panel's members receive the proposed composition of the S&P GSCI TM in advance of the meeting and discuss the composition at the meeting. The Index Sponsor also consults the Index Advisory Panel on any other significant matters with respect to the calculation and operation of the S&P GSCI TM . The Index Advisory Panel may, if necessary or practicable, meet at other times during the year as issues arise that warrant its consideration. The contracts currently included in the S&P GSCI TM are all futures contracts traded on the New York Mercantile Exchange, Inc. (“NYM”), ICE Futures (“ICE”) and its subsidiary, the New York Board of Trade (“NYBOT”), the CME, the Chicago Board of Trade (“CBT”), the Coffee, Sugar & Cocoa Exchange, Inc. (“CSC”), the Kansas City Board of Trade (“KBT”), the COMEX Division of the New York Mercantile Exchange, Inc. (“CMX”) and the London Metal Exchange (“LME”). The futures contracts currently included in the S&P GSCI TM , their percentage dollar weights (as of August 13, 2007), their market symbols and the exchanges on which they are traded, trading hours (New York Time), Average Daily Trading Volume (“ADTV”) for January 2007 through July, 2007, and units per contract are as follows: Commodity Weight 8/13/07 ADTV (contracts) Market symbol Trading facility Units WTI Crude Oil 36.03 203,372 CL NYM 1,000 index points. Brent Crude Oil 14.61 237,534 LCO ICE 1,000 barrels. Natural Gas 7.16 112,312 NG NYM 42,000 U.S. Gallons. Heating Oil 5.79 71,276 HO NYM 42,000 U.S. Gallons. Gas Oil 5.17 89,636 LGO ICE 100 metric tons. Copper 4.06 14,894 MCU NYM 25,000 lbs. Chicago Wheat 3.84 76,630 W CBT 5,000 bushels. Aluminum 3.01 155,886 MAL LME 25 metric tons. Corn 2.96 248,132 C CBT 5,000 bushels. Live Cattle 2.61 36,530 LC CME 40,000 lbs. Gold 2.00 90,592 GC NYM 100 Troy ounces. Soybeans 1.98 122,705 S CBT 5,000 bushels. Lean Hogs 1.50 30,698 LH CME 40,000 lbs. Kansas City Wheat 1.31 17,476 KW KBT 5,000 bushels. RBOB Gas 1.28 80,211 RB NYM 50,000 X PADD. Nickel 1.11 14,543 MNI LME 6 metric tons. Zinc 1.10 48,483 MZN LME 25 metric tons. Sugar 1.03 26,452 SB NYBOT 112,000 lbs. Cotton 0.91 26,452 CT NYBOT 50,000 lbs. Coffee 0.72 20,664 KC NYBOT 37,500 lbs. Lead 0.70 16,998 MPB LME 25 metric tons. Feeder Cattle 0.63 4,416 FC CME 50,000 lbs. Silver 0.27 24,458 SI NYM 5,000 troy ounces. Cocoa 0.21 13,582 CC NYBOT 10 metric tons. The hours of trading (New York Time) of the commodities in the charts above are as follows: Commodity Trading facility Trading hours (NY time) Crude Oil NYM 10 a.m.-2:30 p.m. Brent Crude Oil ICE 8 p.m.-5 p.m. (next day). Natural Gas NYM 10 a.m.-2:30 p.m. Heating Oil NYM 10:05 a.m.-2:30 p.m. RBOB Gasoline NYM 10:05 a.m.-2:30 p.m. Gas Oil ICE 8 p.m.-5 p.m. (next day). Live Cattle CME 10:05 a.m.-2 p.m. Wheat CBT 10:30 a.m.-2:15 p.m. Aluminum LME 6:55 a.m.-12:00 p.m. Corn CBT 10:30 a.m.-2:15 p.m. Copper LME 7 a.m.-12 p.m. Soybeans CBT 10:30 a.m.-2:15 p.m. Lean Hogs CME 9:10 a.m.-1 p.m. Gold CMX 8:20 a.m.-1:30 p.m. Sugar CSC 9 a.m.-12 p.m. Cotton NYC 10:30 a.m.-2:15 p.m. Red Wheat KBT 10:30 a.m.-2:15 p.m. Coffee CSC 9:15 a.m.-12:30 p.m. Standard Lead LME 7:05 a.m.-11:50 a.m. Feeder Cattle CME 10:05 a.m.-2 p.m. Zinc LME 7:10 a.m.-11:55 a.m. Primary Nickel LME 7:10 a.m.-11:55 a.m. Cocoa CSC 8 a.m.-11:50 a.m. Silver CMX 8:25 a.m.-1:25 p.m. e. Dissemination of Information Relating to the Shares The Web site for the Trust *(http://www.ishares.com),* which is publicly accessible at no charge, contains the following information:

(a)The prior Business Day's 12 net asset value (“NAV”), calculated on a per Share basis, and the reported closing price;

(b)the mid-point of the bid-ask price 13 in relation to the NAV as of the time the NAV is calculated (the “Bid-Ask Price”);

(c)calculation of the premium or discount of such price against such NAV;

(d)data in chart form displaying the frequency distribution of discounts and premiums of the Bid-Ask Price against the NAV, within appropriate ranges for each of the four previous calendar quarters;

(e)the prospectus;

(f)the holdings of the Trust, including CERFs, cash and Treasury securities;

(g)the Basket Amount; 14 and

(h)other applicable quantitative information. 12 The Trust's Registration Statement defines “Business Day” as any day

(1)on which none of the following occurs:

(a)The NYSE is closed for regular trading,

(b)the CME is closed for regular trading or

(c)the Federal Reserve transfer system is closed for cash wire transfers; or

(2)the Trustee determines that it is able to conduct business. 13 The bid-ask price of Shares is determined using the highest bid and lowest offer as of the time of calculation of the NAV. 14 The Basket Amount is the amount of CERFs and Short-Term Securities or cash that an Authorized Participant must deliver in exchange for one Basket. The NAV for the Shares is calculated and disseminated daily. In addition, during the NYSE Arc a Core Trading Session ( *i.e.* , 9:30 a.m. to 4:15 p.m., New York Time) for the Trust, one or more major market data vendors disseminates information with respect to the Indicative Intra-day Value (as discussed below), recent NAV, and Shares outstanding on a daily basis. The NAV for each Business Day on which the NYSE is open for regular trading is distributed through major market data vendors and will be published online at *http://www.ishares.com,* or any successor thereto. The Trust updates the NAV as soon as practicable after each subsequent NAV is calculated. The Sponsor for the Trust (Barclays Global Investors International, Inc.) has represented to the Exchange that the Trustee for the Trust will make the NAV on a per Share basis available to all market participants at the same time. At present, official calculation by the Index Sponsor of the value of S&P GSCI TM Index is performed continuously and is updated on Reuters at least every 15 seconds during the NYSE Arca Core Trading Session and during business hours on each Business Day on which the offices of the Index Sponsor in New York City are open for business. In the event that the Exchange is open for business on a day that is not an S&P GSCI TM Business Day, the Exchange will not permit trading of the Shares on that day. In addition, values updated at least every 15 seconds are disseminated on Reuters for the Total Return Index during the NYSE Arca Core Trading Session. Daily settlement values for the S&P GSCI TM , the Total Return Index and S&P GSCI TM -ER are also widely disseminated. If the relevant trading facility fails to make a daily contract reference price available or publishes a daily contract reference price (as discussed in the Registration Statement and the NYSE Order) that, in the reasonable judgment of the Index Sponsor, reflects manifest error, the relevant calculation will be delayed until the price is made available or corrected; provided, that, if the price is not made available or corrected by 4 p.m. New York Time, the Index Sponsor may, if it deems that action to be appropriate under the circumstances, determine the appropriate daily contract reference price for the applicable futures contract in its reasonable judgment for purposes of the relevant calculation. Various data vendors and news publications publish futures prices and data. Futures quotes and last sale information for the commodities underlying the Index are widely disseminated through a variety of market data vendors worldwide, including Bloomberg and Reuters. In addition, complete real-time data for such futures is available by subscription from Reuters and Bloomberg. The futures exchanges on which the underlying commodities and CERFs trade also provide delayed futures information on current and past trading sessions and market news generally free of charge on their respective Web sites. The specific contract specifications for the futures contracts are also available from the futures exchanges on their Web sites as well as other financial informational sources. f. Indicative Intra-Day Value In order to provide updated information relating to the Trust for use by investors, professionals, and other persons, one or more major market data vendors disseminate an updated Indicative Intra-day Value (“IIV”) on a per Share basis. The IIV is disseminated at least every 15 seconds from 9:30 a.m. to 4:15 p.m., New York Time. The IIV is calculated based on the cash and collateral in a Basket Amount 15 divided by 50,000, adjusted to reflect the market value of the investments held by the Investing Pool, *i.e.* CERFs. The IIV does not reflect price changes to the price of an underlying commodity between the close of trading of the futures contract at the relevant futures exchange and the close of trading in the NYSE Arca Core Trading Session. The value of a Share may accordingly be influenced by non-concurrent trading hours between NYSE Arca and the various futures exchanges on which the futures contracts based on the Index commodities are traded. The table above lists the trading hours for each of the Index commodities underlying the futures contracts. 15 The Basket Amount is the amount of CERFs and Short-Term Securities or cash that an Authorized Participant must deliver in exchange for one Basket. When the market for futures trading for each of the relevant Index commodities is open, the IIV can be expected to closely approximate the value per Share of the Basket Amount. However, during the NYSE Arca Core Trading Session when the futures contracts have ceased trading, spreads and resulting premiums or discounts may widen, and, therefore, increase the difference between the price of the Shares and the NAV of the Shares. IIV on a per Share basis disseminated during the NYSE Arca Core Trading Session should not be viewed as a real time update of the NAV, which is calculated only once a day. g. Other Characteristics of the Shares General Information. The trading hours for the Shares on the Exchange are the same as those set forth in NYSE Arca Equities Rule 7.34 (Opening, Core Trading, and Late Trading Sessions, 4 a.m. to 8 p.m., New York Time). The minimum trading increment for Shares on the Exchange is $0.01. Initial Listing Criteria. NYSE Arca Equities Rule 8.203(e)(1) requires a minimum number of Shares outstanding, as determined by the Exchange. For the purpose of this product, the minimum number is 100,000 Shares. Continued Listing Criteria. The Shares will be subject to the continued listing criteria of NYSE Arca Equities Rule 8.203(e)(2). Under the applicable continued listing criteria, the Shares may be delisted as follows:

(1)Following the initial 12-month period beginning upon the commencement of trading of the Shares, there are fewer than 50 record and/or beneficial holders of the Shares for 30 or more consecutive trading days;

(2)the value of the Total Return Index ceases to be calculated by or available from a major market data vendor on at least a 15-second basis from a source unaffiliated with the Sponsor, the Trust or the Trustee;

(3)the NAV is no longer disseminated to all market participants at the same time;

(4)the IIV ceases to be available on at least a 15-second delayed basis from a major market data vendor; or

(5)such other event shall occur or condition exist that, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable. The Exchange will remove Shares from listing and trading upon termination of the Trust. h. Trading Rules The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. Trading in the Shares on the Exchange occurs in accordance with NYSE Arca Equities Rule 7.34(a). The Exchange has appropriate rules to facilitate transactions in the Shares during this time. Further, NYSE Arca Equities Rules 8.203(g)-(i) set forth certain restrictions on equity trading permit holders (“ETP Holders”) acting as registered Market Makers 16 in Commodity Index Trust Shares to facilitate surveillance. NYSE Arca Equities Rule 8.203(h) requires that the ETP Holder acting as a registered Market Maker in the Shares provide the Exchange with information relating to its trading in the applicable physical commodities included in, or options, futures or options on futures on, the applicable Index or any other derivatives based on the Index. NYSE Arca Equities Rule 8.203(i) prohibits the ETP Holder acting as a registered market maker in the Shares from using any material nonpublic information received from any person associated with an ETP Holder or employee of such person regarding trading by such person or employee in the applicable physical commodities included in, or options, futures or options on futures on, the Index or any other derivatives based on the Index (including the Shares). In addition, as stated above, NYSE Arca Equities Rule 8.203(g) prohibits the ETP Holder acting as a registered Market Maker in the Shares from being affiliated with a Market Maker in the applicable physical commodities included in, or options, futures or options on futures on, the Index or any other derivatives based on the Index unless adequate information barriers are in place, as provided in NYSE Arca Equities Rule 7.26. 16 The term “Market Maker” is defined in NYSE Arca Equities Rule 1.1 as an ETP Holder that acts as a Market Maker pursuant to NYSE Arca Equities Rule 7. Market Makers are required to be registered with the Exchange pursuant to NYSE Arca Equities Rule 7.20 and have limitations on dealings as set forth in NYSE Arca Equities Rule 7.26. With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares. Trading on the Exchange in the Shares may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include:

(1)The extent to which trading is not occurring in CERFs or the futures contracts included in the Index; or

(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In addition, trading in Shares will be subject to trading halts caused by extraordinary market volatility pursuant to the Exchange's “circuit breaker” rule. 17 If the value of the Total Return Index or the IIV is not being disseminated on at least a 15-second basis during the hours the Shares trade on the Exchange, the Exchange may halt trading during the day in which the interruption to the dissemination of the IIV or the Index value occurs. If the interruption to the dissemination of the IIV or the Index value persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. 17 *See* NYSE ARCA Equities Rule 7.12. The Exchange has regulatory jurisdiction over its ETP Holders and any person or entity controlling an ETP Holder. The Exchange also has regulatory jurisdiction over a subsidiary or affiliate of an ETP Holder that is in the securities business. A subsidiary or affiliate of an ETP Holder that does business only in commodities or futures contracts would not be subject to Exchange jurisdiction, but the Exchange could obtain certain information regarding the activities of such subsidiary or affiliate through surveillance sharing agreements with regulatory organizations of which such subsidiary or affiliate is a member. i. Surveillance The Exchange intends to utilize its existing surveillance procedures applicable to derivative products to monitor trading in the Shares. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules. The Exchange's current trading surveillances focus on detecting securities trading outside their normal patterns. When such situations are detected, surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations. The Exchange is able to obtain information regarding trading in the Shares, the physical commodities included in, or options, futures or options on futures on, an index underlying an issue of Commodity Index Trust Shares or any other derivatives based on such index, through ETP Holders, in connection with such ETP Holders' proprietary or customer trades which they effect on any relevant market. With regard to the Index components, the Exchange can obtain market surveillance information, including customer identity information, with respect to transactions occurring on NYM, KBT, ICE and LME, pursuant to its comprehensive information sharing agreements with each of those exchanges. All of the other trading venues on which current Index components are traded are members of the Intermarket Surveillance Group (“ISG”) and the Exchange therefore has access to all relevant trading information with respect to those contracts without any further action being required on the part of the Exchange. A list of ISG members and affiliate members is available at *http://www.isgportal.com* . A new component may be added to the Index if it does not constitute more than 10% of the weight of the Index or, if it constitutes more than 10% of the weight of the Index, the principal trading market for such component either

(a)is a member of ISG or

(b)has in effect a comprehensive surveillance sharing agreement with the Exchange. j. Information Bulletin Prior to the commencement of trading, the Exchange will inform its ETP Holders in an Information Bulletin of the special characteristics and risks associated with trading the Shares, including risks inherent with trading the Shares during the Opening and Late Trading Sessions and suitability recommendation requirements. Specifically, the Information Bulletin will discuss the following:

(1)The procedures for purchases and redemptions of Shares in Baskets;

(2)NYSE Arca Equities Rule 9.2(a), 18 which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares;

(3)how information regarding the IIV is disseminated;

(4)the risks involved in trading the Shares during the Opening and Late Trading Sessions when an updated IIV will not be calculated or publicly disseminated;

(5)the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and

(6)trading information. For example, the Information Bulletin will advise ETP Holders, prior to the commencement of trading, of the prospectus delivery requirements applicable to the Trust. The Exchange notes that investors purchasing Shares directly from the Trust (by delivery of the Basket Amount) will receive a prospectus. ETP Holders purchasing Shares from the Trust for resale to investors will deliver a prospectus to such investors. 18 NYSE Arca Equities Rule 9.2(a) (“Diligence as to Accounts”) provides that ETP Holders, before recommending a transaction, must have reasonable grounds to believe that the recommendation is suitable for the customer based on any facts disclosed by the customer as to his other security holdings and as to his financial situation and needs. Further, the rule provides, with a limited exception, that prior to the execution of a transaction recommended to a non-institutional customer, the ETP Holders shall make reasonable efforts to obtain information concerning the customer's financial status, tax status, investment objectives, and any other information that they believe would be useful to make a recommendation. *See* Securities Exchange Act Release No. 54026 (June 21, 2006), 71 FR 36850 (June 28, 2006) (SR-PCX-2005-115). In addition, the Information Bulletin will reference that the Trust is subject to various fees and expenses described in the Registration Statement. The Information Bulletin will also reference the fact that there is no regulated source of last sale information regarding physical commodities, and will discuss the relevant regulatory jurisdiction over the trading of physical commodities or the futures contracts on which the value of the Shares is based. 2. Statutory Basis The basis under the Exchange Act for this proposed rule change is the requirement under Section 6(b)(5) 19 that a national securities exchange have rules that are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, 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. 19 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. 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-NYSEArca-2007-112 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2007-112. 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 the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2007-112 and should be submitted on or before January 4, 2008. 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. 20 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 21 which requires that the rules of a national securities exchange be designed, among other things, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission also finds that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 22 which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. 20 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). 21 15 U.S.C. 78f(b)(5). 22 15 U.S.C. 78k-1(a)(1)(C)(iii). As described above, the Exchange represents that futures prices and data, including quotes and last-sale information for the commodities underlying the Index, are widely disseminated through a variety of market data vendors, including Bloomberg and Reuters. The Exchange also represents that complete real-time data on such futures is available by subscription, and the relevant futures exchanges generally provide delayed futures information on current and past trading sessions and market news free of charge on their respective Web sites. Additionally, the specific contract specifications for the futures contracts are available from the futures exchanges on their Web sites as well as other financial informational sources. Further, the Trust's Web site, which is accessible for no charge, contains the following information:

(a)The prior business day's NAV on a per Share basis and the reported closing price;

(b)the Bid-Ask Price;

(c)calculation of the premium or discount of such price against such NAV;

(d)data in chart form displaying the frequency distribution of discounts and premiums of the Bid-Ask Price against the NAV, within appropriate ranges for each of the four previous calendar quarters;

(e)the prospectus;

(f)the holdings of the Trust, including CERFs, cash and Treasury securities;

(g)the Basket Amount, and

(h)other applicable quantitative information. The Commission believes that the proposed rule change is reasonably designed to promote fair disclosure of information that may be necessary to appropriately price the Shares. The NAV per Share is calculated daily, and the Sponsor has represented that the Trustee will make the NAV on a per Share basis available to all market participants at the same time. In addition, the Exchange represents that the Web site disclosure of the portfolio composition of the Trust will be made to all market participants at the same time. Further, as described above, NYSE Arca Equities Rules 8.203(g)-(i) set forth certain restrictions on ETP Holders acting as registered Market Makers in Commodity Index Trust Shares. The Commission also believes that the Exchange's trading halt rules are reasonably designed to prevent trading in the Shares when transparency is impaired. Trading in the Shares would be subject to trading halts caused by extraordinary market volatility pursuant to the Exchange's “circuit breaker” rule, NYSE Arca Equities Rule 7.12. In exercising its discretion to halt or suspend trading in the Shares, the Exchange may consider factors such as the extent to which trading is not occurring in CERFs or the futures contracts included in the Index or whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. If the value of the Total Return Index or the IIV is not being disseminated on at least a 15-second basis during the hours the Shares trade on the Exchange, the Exchange may halt trading during the day in which the interruption to the dissemination of the IIV or the Index value occurs. If the interruption to the dissemination of the IIV or the Index value persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. The Commission further believes that the trading rules and procedures to which the Fund Units will be subject pursuant to this proposal are consistent with the Act. The Exchange has represented that the Shares are equity securities subject to NYSE Arca's rules governing the trading of equity securities. In support of this proposal, the Exchange has made the following representations: 1. The Exchange's surveillance procedures are adequate to properly monitor the trading of the Shares, and to deter and detect violations of Exchange rules. In addition, the Exchange is able to obtain information regarding trading in the Shares, the physical commodities included in, or options, futures or options on futures on, an index underlying an issue of Commodity Index Trust Shares or any other derivatives based on such index. With regard to the Index components, the Exchange can obtain market surveillance information, including customer identity information, with respect to transactions occurring on NYM, KBT, ICE and LME, pursuant to its comprehensive information sharing agreements with each of those exchanges. All of the other trading venues on which current Index components are traded are members of the ISG and the Exchange therefore has access to all relevant trading information with respect to those contracts without any further action being required on the part of the Exchange. 2. Prior to the commencement of trading, the Exchange will inform its ETP Holders in an Information Bulletin of the special characteristics and risks associated with trading the Shares, including risks inherent with trading the Shares during the Opening and Late Trading Sessions and suitability recommendation requirements. The Information Bulletin will also advise ETP Holders, prior to the commencement of trading, of the prospectus delivery requirements applicable to the Trust. The Information Bulletin will also reference the fact that there is no regulated source of last sale information regarding physical commodities, and will discuss the relevant regulatory jurisdiction of trading of physical commodities or the futures contracts on which the value of the Shares is based. This approval order is based on the Exchange's representations. The Commission finds good cause, pursuant to Section 19(b)(2) of the Act, 23 for approving the proposed rule change prior to the 30th day after the date of publication of notice in the **Federal Register** . The Commission has previously approved both the listing and trading of the Shares on NYSE and the trading of the Shares on NYSE Arca pursuant to unlisted trading privileges, 24 and does not believe that allowing the product to be both listed and traded on NYSE Arca raises novel regulatory issues. Consequently, the Commission believes that it is appropriate to allow the switching of listing markets without delay. Accordingly, the Commission finds that there is good cause, consistent with Section 6(b)(5) of the Act, 25 to approve the proposal on an accelerated basis. 23 15 U.S.C. 78s(b)(2). 24 *See supra* at note 4. 25 15 U.S.C. 78f(b)(5). V. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) under the Act, 26 that the proposed rule change (SR-NYSEArca-2007-112) be, and it hereby is, approved on an accelerated basis. 26 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 27 27 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24194 Filed 12-13-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56933; File No. SR-Phlx-2007-70] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Order Approving a Proposed Rule Change Modified by Amendment No. 1 Thereto Relating to Rule 1034, Minimum Increments December 7, 2007. On September 5, 2007, the Philadelphia Stock Exchange, Inc. (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, as amended (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to amend Rule 1034, Minimum Increments, to decrease the size of the minimum quoting and trading increments applicable to the Exchange's U.S. dollar-settled foreign currency options (“FCOs”). On October 11, 2007, the Exchange submitted Amendment No. 1 to the proposed rule change. The proposed rule change, as amended, was published for comment in the **Federal Register** on November 02, 2007. 3 The Commission received no comments on the proposal. This order approves the proposed rule change, as modified by Amendment No. 1. 1 15 U.S.C. 78s(b)(l). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 56714 (October 29, 2007), 72 FR 56714 (SR-Phlx-2007-70). Phlx proposed to amend Rule 1034, Minimum Increments, to decrease the size of the minimum quoting and trading increments applicable to the Exchange's U.S. dollar-settled FCOs. 4 Currently, all U.S. dollar-settled FCOs other than the Japanese yen have minimum increments of $.0010 (expressed as .10) or $.0005 (expressed as .05). Minimum increments for the Japanese yen are $.000010 (also expressed as .10) or $.000005 (expressed as .05). In each case the applicable minimum increment is determined by the price at which the option is quoting. These minimum increments were originally established in order to accommodate trading of U.S. dollar-settled FCOs on the Phlx XL platform, which did not have penny trading capability when the rules for the U.S. dollar-settled FCOs were first drafted and filed with the Commission. 4 On January 8, 2007, the Exchange began trading U.S. dollar-settled options on the British pound and the Euro on the Exchange's electronic trading platform for options, Phlx XL. *See* Securities Exchange Act Release No. 54989 (December 21, 2006), 71 FR 78506 (December 29, 2006) (approving SR-Phlx-2006-34). The Exchange subsequently listed U.S. dollar-settled FCOs on the Australian dollar, the Canadian dollar, the Swiss franc and the Japanese yen. See Securities Exchange Act Release No. 56034 (July 10, 2007), 72 FR 38853 (July 16, 2007) (approving SR-Phlx-2007-34). The Exchange plans to implement the proposed rule change on January 2, 2008. Telephone conversation between Carla Behnfeldt, Director and Counsel, Phlx, and Natasha Cowen, Special Counsel, Division of Trading and Markets, Commission, on December 6, 2007. The proposed amendments to Rule 1034 would set the minimum increment for U.S. dollar-settled FCOs on currencies other than the Japanese yen at $.0001 and the minimum increment for U.S. dollar-settled FCO contracts on the Japanese yen at $.000001 (in both cases expressed as .01), regardless of the price at which the option is quoting. The Exchange believes that quoting and trading U.S. dollar-settled FCOs in smaller increments should provide additional trading opportunities and enable investors to trade these options with greater precision as to price. According to the Exchange, the changes would permit the trading of U.S. dollar-settled FCOs in the same minimum increments that have long been applicable to the Exchange's physical delivery FCO contracts. 5 5 Although U.S. dollar-settled FCOs would be trading in these narrower minimum increments, the Exchange notes that they would not actually be trading in pennies (the trading increment would actually be much smaller although it would be expressed as .01) and would not be considered part of the Exchange's pilot program currently applicable to certain equity options. The pilot, which permits certain options series to be quoted and traded in increments of $ 0.01, began on January 26, 2007. *See, e.g.* , Securities Exchange Act Release No. 56563 (September 27, 2007), 72 FR 56429 (October 3, 2007) (SR-Phlx-2007-62). The Commission finds, after careful consideration, that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 6 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 7 which requires that an exchange have rules designed, among other things, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed rule change will allow U.S. dollar-settled FCOs to trade in the same increments as applicable to the Exchange's physical delivery FCOs. 6 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). 7 15 U.S.C. 78f(b)(5). *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 8 that the proposed rule change (SR-Phlx-2007-70), as modified by Amendment No. 1, be, and it hereby is, approved. 8 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24195 Filed 12-13-07; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION Emergence Capital Partners SBIC, L.P. License No. 09/79-0454; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Emergence Capital Partners SBIC, L.P., 160 Bovet Road, Suite 300, San Mateo, CA 94402, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) Rules and Regulations (13 CFR 107.730). Emergence Capital Partners SBIC, L.P. proposes to provide equity/debt security financing to DVDPlay, Inc., 695 Campbell Technology Parkway, Suite 200, Campbell, CA 95008. The financing is contemplated for working capital and general corporate purposes. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Emergence Capital Partners, L.P. and Emergence Capital Associates, L.P., all Associates of Emergence Capital Partners SBIC, L.P., own more than ten percent of DVDPlay, Inc., and therefore DVDPlay, Inc. is considered an Associate of Emergence Capital Partners SBIC, L.P. as detailed in § 107.50 of the Regulations. Notice is hereby given that any interested person may submit written comments on the transaction to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. Dated: December 5, 2007. A. Joseph Shepard, Associate Administrator for Investment. [FR Doc. E7-24260 Filed 12-13-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Disaster Declaration #11122 and #11123; Oregon Disaster #OR-00023 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Oregon (FEMA-1733-DR), dated 12/09/2007. *Incident:* Severe Storms and Flooding. *Incident Period:* 12/01/2007 and continuing. DATES: Effective Date: 12/09/2007. *Physical Loan Application Deadline Date:* 02/07/2008. *Economic Injury

(EIDL)Loan Application Deadline Date:* 09/09/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 12/09/2007, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties (Physical Damage and Economic Injury Loans): Columbia, Tillamook Contiguous Counties (Economic Injury Loans Only): Oregon: Clatsop, Lincoln, Multnomah, Polk, Washington, Yamhill Washington: Clark, Cowlitz, Wahkiakum The Interest Rates are: Percent For Physical Damage: Homeowners with Credit Available Elsewhere 5.875 Homeowners without Credit Available Elsewhere 2.937 Business with Credit Available Elsewhere 8.000 Other (Including Non-Profit Organizations) with Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations without Credit Available Elsewhere 4.000 For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 111226 and for economic injury is 111230. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-24263 Filed 12-13-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Disaster Declaration #11124 and #11125; Washington Disaster #WA-00015 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of WASHINGTON (FEMA-1734-DR), dated 12/09/2007. *Incident:* Severe Storms and Flooding. *Incident Period:* 12/01/2007 and continuing. DATES: *Effective Date:* 12/09/2007. *Physical Loan Application Deadline Date:* 02/07/2008. *Economic Injury

(EIDL)Loan Application Deadline Date:* 09/09/2008. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 12/09/2007, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties (Physical Damage and Economic Injury Loans): Grays Harbor, Lewis Contiguous Counties (Economic Injury Loans Only): Washington: Cowlitz, Jefferson, Mason, Pacific, Pierce, Skamania, Thurston, Wahkiakum, Yakima The Interest Rates are: Percent For Physical Damage: Homeowners with Credit Available Elsewhere 5.875 Homeowners without Credit Available Elsewhere 2.937 Businesses with Credit Available Elsewhere 8.000 Other (Including Non-Profit Organizations) with Credit Available Elsewhere 5.250 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 111246 and for economic injury is 111250. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-24262 Filed 12-13-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of intent to waive the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing. SUMMARY: The U.S. Small Business Administration

(SBA)is considering granting a request for a waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing. According to the request, no small business manufacturers supply these classes of products to the Federal Government. If granted, the waiver would allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract set aside for small businesses; service-disabled veteran-owned small businesses or SBA's 8(a) Business Development Program. DATES: Comments and source information must be submitted December 31, 2007. ADDRESSES: You may submit comments and source information to Pamela M. McClam, Program Analyst, U.S. Small Business Administration, Office of Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, by telephone at

(202)205-7408; by FAX at

(202)481-4783; or by e-mail at *Pamela.McClam@sba.gov* . SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 U.S.C. 637(a)(17), requires that recipients of Federal contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program provide the product of a small business manufacturer or processor, if the recipient is other than the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule. The SBA regulations imposing this requirement are found at 13 CFR 121.406(b). Section 8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any “class of products” for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA's regulations at 13 CFR 121.1202(c), in order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have submitted a proposal for a contract solicitation or received a contract from the Federal government within the last 24 months. The SBA defines “class of products” based on a six digit coding system. The coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The SBA is currently processing a request to waive the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing. North American Industry Classification System (NAICS) code 335999 product number 6240. The public is invited to comment or provide source information to SBA on the proposed waivers of the Nonmanufacturer Rule for this class of NAICS code within 15 days after date of publication in the Federal Business Opportunities. Arthur E. Collins, Jr., Director for Government Contracting. [FR Doc. E7-24266 Filed 12-13-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 6026] Culturally Significant Objects Imported for Exhibition Determinations: “Parmigianino's Antea: A Beautiful Artifice” 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 object to be included in the exhibition “Parmigianino's Antea: A Beautiful Artifice,” imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at The Frick Collection, New York, NY, from on or about January 29, 2008, until on or about April 27, 2008, 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: December 7, 2007. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E7-24285 Filed 12-13-07; 8:45 am] BILLING CODE 4710-05-P TENNESSEE VALLEY AUTHORITY Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Submission for OMB Review; Comment Request AGENCY: Tennessee Valley Authority. ACTION: Submission for Office of Management & Budget

(OMB)Review; Comment Request. SUMMARY: The proposed information collection described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR Section 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Agency Clearance Officer: Alice D. Witt, Tennessee Valley Authority, 1101 Market Street (EB 5B), Chattanooga, Tennessee 37402-2801;

(423)751-6832. (SC: 0009BL5) Comments should be sent to the OMB, Office of Information and Regulatory Affairs, Attention: Desk Officer for Tennessee Valley Authority no later than January 14, 2008. SUPPLEMENTARY INFORMATION: *Type of Request:* Regular submission, proposal to reinstate with revisions a currently approved collection of information (OMB control number 3316-0019). *Title of Information Collection:* *energy right®* Program. *Frequency of Use:* On occasion. *Type of Affected Public:* Residential and small commercial consumers. *Small Business or Organizations Affected:* Yes. *Federal Budget Functional Category Code:* 271. *Estimated Number of Annual Responses:* 29,000. *Estimated Total Annual Burden Hours:* 8,700. *Estimated Average Burden Hours Per Response:* .3. This information is used by distributors of TVA power to assist in identifying and financing energy improvements for their electrical energy customers. Steven A. Anderson, Senior Manager, IT Planning & Governance, Information Services. [FR Doc. E7-24239 Filed 12-13-07; 8:45 am] BILLING CODE 8120-08-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [NHTSA Docket No. 2007-27133] Highway Safety Programs; Proposed Amendments to Model Specifications for Screening; Devices To Measure Alcohol in Bodily Fluids AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of Proposed Amendments to Model Specifications for Screening Devices To Measure Alcohol in Bodily Fluids. SUMMARY: This notice proposes revisions to Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids (Model Specifications) published in the **Federal Register** on August 2, 1994 (59 FR 39382). These devices test for the presence of alcohol using breath or bodily fluids such as saliva. The Model Specifications support State laws that target youthful offenders (i.e., “zero tolerance” laws) and the Department of Transportation's regulations on Alcohol Misuse Prevention, and encourage industry efforts to develop new technologies (e.g., non-breath devices) that measure alcohol content from bodily fluids. This notice proposes to remove testing of Interpretive Screening Devices

(ISDs)and use of the Breath Alcohol Sample Simulator

(BASS)device from the Model Specifications. The ISDs do not provide an unambiguous test result, as test results for ISDs are subjective and require interpretation by a test administrator or technician. Because the agency has determined the BASS device is not necessary for inclusion in the Model Specifications, this notice proposes to remove all references to the BASS device. Additionally, in order to ensure product integrity, this notice proposes guidelines for retesting devices when manufacturers contemplate changes, revisions, or upgrades to alcohol screening devices on the Conforming Products List (CPL). The proposed revisions to these Model Specifications would not affect devices currently listed on the CPL. DATES: Written comments may be submitted to this agency and must be received by January 14, 2008. ADDRESSES: Comments should refer to the docket number and be submitted (preferably in two copies) to: Docket Management Facility, West Building, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. Alternatively, you may submit your comments electronically by logging onto the Docket Management System

(DMS)Web site at *http://dms.dot.gov.* Click on “Help” to view instructions for filing your comments electronically. Regardless of how you submit your comments, you should identify the Docket number of this document. You may call the docket at

(202)647-5527. Docket hours are 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: *For technical issues:* Ms. De Carlo Ciccel, Behavioral Research Division, NTI-131, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590; Telephone:

(202)366-1694. *For legal issues:* Ms. Allison Rusnak, Office of Chief Counsel, NCC-113, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590; Telephone:

(202)366-1834. SUPPLEMENTARY INFORMATION: I. Background As indicated in the Model Specifications published in 1994, the agency will modify and improve the Model Specifications as new data and test procedures become available and will alter the test procedures, as necessary, to meet unique design features of specific devices. Since publication of the Model Specifications, the agency has encountered difficulties ensuring the accuracy of testing ISDs and also has determined the use of the BASS is not necessary for inclusion in the Model Specifications. These events make it necessary to revise the Model Specifications. A. Interpretive Screening Devices The Model Specifications currently allow for evaluation of screening devices that require subjective interpretation of test results by a test administrator or technician. These ISDs differ from devices that provide objective test results, including the use of digital technology or the appearance of lights or marks based on the presence or absence of alcohol. For instance, use of pass/fail lights or enzymes that react with alcohol to produce an unambiguous mark provide objective test results. The Model Specifications require that interpretive devices be evaluated subjectively under five lighting conditions (fluorescent, incandescent, mercury, sodium and daylight) by a panel of ten novice evaluators who are not color blind. Since publication of the Model Specifications, NHTSA evaluated eight separate ISDs. Of these eight ISD evaluations, none resulted in a successful outcome in the panel test described above. In one evaluation, the device passed the test under all lighting conditions except sodium. This device is no longer manufactured. Although many novice evaluators were able to judge the correct test outcome in the eight ISD evaluations, some could not, even though the manufacturers' instructions were conveyed to the evaluators and all evaluators passed tests to determine their color perception ability. This subjective interpretation of test results does not ensure accuracy and precision required to protect public safety. Due to repeated problems in evaluating ISDs, NHTSA is proposing to remove altogether testing of ISDs from the Model Specifications. Specifically, the agency proposes to update sections 3.2, 4.1 and 4.2, delete sections 4.3 and 4.4, and renumber sections accordingly. In addition, the agency proposes to delete from Appendix A all references to interpretive or color indicator tests. B. Breath Alcohol Sample Simulator The Model Specifications currently provide for the use of the Breath Alcohol Sample Simulator

(BASS)device for providing alcohol-in-air test samples. The use of the BASS device is not necessary for inclusion in the Model Specifications because the BASS device is intended for use in testing the sampling efficiency of evidential breath testers. There is no sampling efficiency test in the Model Specifications for alcohol screening devices. The alcohol-in-air test sample for breath alcohol screening devices is supplied by a calibrating unit. Therefore, the agency proposes to remove section 3.5 and all references to the BASS device from these Model Specifications, and renumber sections accordingly. The agency would also revise section 3.4 to include the updated citation for NHTSA's Model Specifications for Calibrating Units. C. Guidelines for Re-Testing Modified Screening Devices The Model Specifications provide procedures to conduct special investigations and re-test a device if information gathered indicates that a device listed on the CPL is not performing in accordance with the Model Specifications. The agency proposes the addition of Appendix B to provide guidance regarding notification and re-testing when manufacturers contemplate revisions to devices listed on the CPL. The proposed Appendix follows the language used in the Model Specifications for evidential breath testing devices (58 FR 48705). Upon notification by a manufacturer of a contemplated change to a device listed on the CPL, NHTSA proposes that it would determine whether re-testing is required. Such determination would look at several factors, including the nature and reason for the change, the scope of the change, the effects of the change on the performance of the device, and how the change will be documented for the benefit of the user. NHTSA would list device revisions and whether re-testing was required in the next update to the CPL. Appendix B also would state that NHTSA may re-test any device listed on the CPL at any time to determine continued compliance and performance with the Model Specifications. A device found not to perform in accordance with the Model Specifications would be subject to the special investigation procedures discussed below. II. Procedures This notice proposes no changes to the procedures for the Model Specifications other than those discussed above. This section describes the current procedures. The DOT Volpe National Transportation Systems Center (VNTSC), RTV-4F, Kendall Square, Cambridge, MA 02142 tests products manufacturers submit to determine whether the products meet the model specifications. Tests are conducted semiannually, or as necessary. Manufacturers are required to apply to NHTSA for a test date by writing to the Office of Behavioral Safety Research, NTI-130, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. At least 30 days are typically required from the date of notification until the test can be scheduled. One week prior to the scheduled initiation of the test program, manufacturers must deliver their devices to VNTSC. If the devices are disposable, the manufacturer must deliver at least 300 such devices; if the devices are reusable, the manufacturer must submit only a single device. If a manufacturer of a reusable device wishes to submit a duplicate, backup instrument, it may so do. The manufacturer is responsible for ensuring that the devices operate properly and are packaged correctly. The manufacturer must also deliver the operator's manual (or instructions) and the maintenance manual (if any) that would be supplied or is supplied with the purchase of the device, as well as specifications and drawings fully describing the device and its use. Proprietary information will be respected. (See 49 CFR Part 512, regarding the procedure by which NHTSA will consider claims of confidentiality.) In addition, the manufacturer must submit a self-certification, certifying that the manufacturer meets the requirements according to the U.S. Food and Drug Administration

(FDA)Good Manufacturing Practices regulations for devices used for medical purposes (21 CFR Part 820), and that the device's label meets the requirements in FDA's Labeling regulations for devices used for medical purposes (21 CFR 809.10), even if the devices are not to be used for medical purposes. See Appendix A to this notice. The manufacturer has the right to check its device(s) between the time of its arrival at VNTSC and the start of the tests, but will have no access to the device(s) during the tests. Any malfunction of a device resulting in failure to complete any of the tests satisfactorily will result in a determination that the device does not conform to the Model Specifications. If a device is found not to conform to the Model Specifications, it may be resubmitted for the next testing cycle after appropriate corrections have been made. The agency reserves the discretion to determine the appropriateness of any retest. The agency intends to update and republish the CPL in the **Federal Register** annually. Republications of the CPL add conforming alcohol screening devices tested since the last CPL republication. NHTSA will continue to provide notification in the **Federal Register** when the agency amends the Model Specifications as new data and test procedures become available and will retest devices when necessary. The NHTSA Office of Behavioral Safety Research is the point of contact for information about acceptance testing and field performance of devices. NHTSA requests that users of alcohol screening devices provide both acceptance and field performance data to the Office of Behavioral Safety Research when such data are available. Information from users will help NHTSA monitor whether alcohol screening devices are performing according to the NHTSA Model Specifications. If information gathered indicates that a device on the CPL is not performing in accordance with the Model Specifications, NHTSA will direct VNTSC to conduct a special investigation. An investigation may include visits to users and additional tests of the device as obtained from the open market. If the investigation indicates that a device actually sold on the market does not meet the Model Specifications, the manufacturer will be notified that the device may be removed from the CPL. In this event, the manufacturer will have 30 days from the date of notification to reply. Based on the VNTSC investigation and any data provided by the manufacturer, NHTSA will decide whether the device should remain on the CPL. If the device is removed from the CPL, the manufacturer will be permitted to resubmit an improved device to VNTSC for testing when it believes the problems causing its failure have been resolved. Upon resubmission, the manufacturer must submit a statement describing what has been done to overcome the problems that led to failure of the device. If information gathered indicates that the manufacturer of a device on the CPL does not comply with the requirements in FDA's Good Manufacturing Practices regulations for devices used for medical purposes or that the device's label does not comply with the requirements in FDA's labeling regulations for devices used for medical purposes, NHTSA will investigate the matter in consultation with FDA and will notify the manufacturer that the device may be removed from the CPL. The manufacturer will have 30 days from the date of notification to reply. Based on any data provided by the manufacturer and investigative findings, NHTSA will decide whether the device should remain on the CPL. If the device is removed from the CPL, the manufacturer will be permitted to resubmit a self-certification, certifying that the manufacturer or its device complies with these FDA requirements when it believes the problems causing its non-compliance have been resolved. Upon resubmission, the manufacturer must submit a statement describing what has been done to overcome the problems that led to non-compliance. These proposed amendments have been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that there are no federalism implications that warrant the preparation of a federalism assessment. In accordance with the foregoing, the proposed amendments of the Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids, are set forth below. Model Specifications for Alcohol Screening Devices 1. Purpose and Scope These specifications establish performance criteria and methods for testing of alcohol screening devices. Alcohol screening devices use bodily fluids to detect the presence of 0.020 or more BAC (see below) with sufficient accuracy for screening purposes. These specifications are intended primarily for use in the conformance testing of alcohol screening devices. 2. Classification 2.1 Disposable Alcohol Screening Devices Alcohol screening devices designed for a single use. 2.2 Reusable Alcohol Screening Devices Alcohol screening devices designed to be reused. 3. Definitions 3.1 Alcohol The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohol. 3.2 Alcohol Screening Device A device that is used to detect the presence of 0.020 or more BAC. The device may measure any bodily fluid for this purpose, but shall provide output in BAC units. Test results must be indicated unambiguously by numerical read-out or by other means, such as by the use of lights or by the appearance of a distinctive mark but not by color change. 3.3 Blood Alcohol Concentration

(BAC)Grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath in accordance with the Uniform Vehicle Code, Section 11-903(a)(5) 1 (BrAC is often used to indicate that the measurement is a breath measurement); or grams of alcohol per 100 milliliters of saliva. 1 Available from the National Committee on Uniform Traffic Laws and Ordinances, 107 S. West Street, #10, Alexandria, VA 22314. Web site address: *http://www.ncutlo.org* . 3.4 Calibrating Unit A device that produces an alcohol-in-air test sample of known concentration and that meets the NHTSA Model Specifications for Calibrating Units (72 FR 34742). 3.5 Bodily Fluid Any bodily fluid capable of being used to estimate alcohol concentration, provided the relationship between such bodily fluid and BAC has been established according to scientifically acceptable standards. Such fluids include but are not limited to blood, exhaled deep lung breath and saliva. 3.6 Scientifically Acceptable Substitutes Fluids that have been scientifically accepted as equivalent to bodily fluids for testing purposes, such as aqueous alcohol test solutions on a one-to-one basis for blood or saliva. 4. Test Methods and Requirements Testing will be performed according to the instructions that normally accompany the submitted device and under the conditions specified in the tests below. 4.1 Test 1. Precision and Accuracy Perform 40 trials under normal laboratory conditions including 20 trials at 0.008 BAC and 20 trials at 0.032 BAC. Use a calibrating unit for this test for breath devices and preparations of bodily fluids or scientifically acceptable substitutes for non-breath devices. Perform tests using a VNTSC investigator. To conform at 0.008 BAC, not more than one positive result. To conform at 0.032 BAC, not more than one non-positive result. 4.2 Test 2. Blank Reading Perform 20 trials under normal laboratory conditions at 0.000 BAC. Use non-alcoholic human breath for breath devices and non-alcoholic bodily fluids or scientifically acceptable substitutes for non-breath devices. Perform tests using a VNTSC investigator. To conform: No positive results. If the device is capable of providing a reading of greater than 0.000 BAC and less than 0.020 BAC, not more than one such result. 4.3 Test 3. Cigarette Smoke Interference (Only Breath and Saliva Test Devices) Perform five trials at 0.000 BAC. Select an alcohol-free person who smokes cigarettes for this test. Ask the person selected to smoke approximately one half of a cigarette. Within one minute after smoking, or after a waiting period specified in the manufacturer's instructions, administer the alcohol screening device test according to the manufacturer's instructions. Then ask the person to smoke another inhalation and repeat the test to produce a total of five trials. To conform: No positive results. 4.4 Temperature Test at low and high ambient temperature. 4.4.1 Test 4.1. Low Ambient Temperature Perform 40 trials at 10 degrees Centigrade (C), including 20 trials at 0.008 BAC and 20 trials at 0.032 BAC. Use a calibrating unit for this test for breath devices and preparations of bodily fluids or scientifically acceptable substitutes for non-breath devices. To conform at 0.008 BAC, not more than one positive result. To conform at 0.032 BAC, not more than one non-positive result. 4.4.2 Test 4.2. High Ambient Temperature Perform trials of 40 devices at 40 degrees C, including 20 trials at 0.008 BAC and 20 trials at 0.032 BAC. Use a calibrating unit for this test for breath devices and preparations of bodily fluids or scientifically acceptable substitutes for non-breath devices. To conform at 0.008 BAC, not more than one positive result. To conform at 0.032 BAC, not more than one non-positive result. 4.5 Test 5. Vibration Perform 40 trials, including 20 trials at 0.008 BAC and 20 trials at 0.032 BAC. Use a calibrating unit for this test for breath devices and preparations of bodily fluids or scientifically acceptable substitutes for non-breath devices. Mount the screening device on a shake table and vibrate the table in simple harmonic motion through each of its three major axes, as specified below. Sweep through each frequency range in 2.5 minutes, then reverse the sweep to the starting frequency in 2.5 minutes. Disposable testers may be placed in a suitable box mounted on the shake table. Test after vibration. Frequency (hertz) Amplitude (inches, peak to peak) 10 to 30 0.30 30 to 60 0.15 To conform at 0.008 BAC, not more than one positive result. To conform at 0.032 BAC not more than one non-positive result. Appendix A—Labeling Instructions for Alcohol Screening Devices Intended Use Provide the intended use including the specimen matrix (e.g. saliva, breath), the assay type (quantitative, semi-quantitative), the purpose of performing the assay, and the individual designated to perform the assay. E.g.: This product is intended for the (quantitative, semi-quantitative) determination of alcohol in—define matrix (for e.g., saliva, breath, sweat) to perform screening alcohol assays. This product is recommended for use by individuals who have been trained in the administration of screening devices. Description of Testing System Provide the principles of the procedure for performing the alcohol screening assay. E.g.: This product uses (alcohol dehydrogenase, infrared technology, etc.) to perform the test. Chemical Reaction Sequence Describe the chemical reaction sequence, if applicable. Reagents: List the concentration, strength, and composition of the reactive ingredients. List the non-reactive ingredients. Reagent Preparation and Storage Provide instructions for preparing the reagents, if applicable. Provide instructions for storing the reagents, if applicable. Provide any signs of deterioration of the reagents, if applicable. Provide the reagents' shelf life and opened expiration dating, if applicable. E.g.: Unopened tests are stable until the date printed on the product container when stored at 22-28° C. Opened test must be used at once. Provide a caution not to use the reagents beyond the expiration dating. Precautions 1. List any reagents that may be hazardous such as caustic compounds, sodium azide or other hazardous reagents and instructions for disposal, if applicable. 2. Provide warning to user to treat all samples as potentially infective. Include instructions for handling and disposal of the sample. Specimen Collection Provide instructions for collecting and handling the sample. Provide criteria for specimen rejection, if applicable. Calibration Disposable tests are pre-calibrated. No additional calibration is required. Reusable (Instrumented) tests require calibration. Provide information regarding how calibrations are to be conducted, if applicable, including the number and concentration of calibrators, and the frequency of calibration. Provide instructions for calibration and recalibration. Provide the criteria for acceptability of calibration. Test Procedure (Disposable) Provide adequate step-by-step instructions for performing the test and determining the results. Test Procedure (Re-Usable/Instrumented) Provide adequate step-by-step instruction for performing the test. Provide the installation procedures and, if applicable, any special requirements. Provide the space and ventilation requirements. Provide the description of the required frequency of equipment maintenance and function checks. Provide the instructions for any remedial action to be taken when the equipment performs outside of operating range. Provide any operational precautions and limitations. Provide instructions for the protection of equipment and instrumentation from fluctuations or interruptions in electrical current that could adversely affect test results and reports, if applicable. Quality Control

(QC)Disposable Tests If applicable, the function and stability of the test can be determined by the examination of the procedural “built in” controls contained in the product. If these controls are not working, the test is invalid and must be repeated. Disposable/Instrumented Devices If external quality control materials are used, provide number, type, matrix and concentration of the QC materials. Provide directions for performing quality control procedures. Provide an adequate description of the remedial action to be taken when the QC results fail to meet the criteria for acceptability. Provide directions for interpretation of the results of quality control samples. Results Describe how the user obtains the test results, from an instrument read-out, printout, etc. Describe the results in terms of blood alcohol concentration. Describe what concentration indicates a positive result and what concentration indicates a negative result. Limitations List the substances or factors that may interfere with the test and cause false results including technical or procedural errors. Dynamic Range Provide the operating range of the product. Precision and Accuracy Only devices that meet the precision and accuracy of these Model Specifications will be included on NHTSA's Conforming Products List for alcohol screening devices. Specificity List the substances that have been evaluated with your product that do or do not interfere at the concentration indicated. References Provide pertinent bibliography. Technical Assistance List an 800 number the user may contact for further information or technical assistance. Appendix B—Guidelines for Re-testing of Modified Screening Devices Manufacturers contemplating revisions to an alcohol screening device listed on the Conforming Products List

(CPL)are advised that the revision may affect the status of the device on the CPL. The manufacturer should inform NHTSA of the contemplated change so that a judgment can be made whether or not re-testing the revised alcohol screening device is necessary. The following lists the type of information NHTSA uses in determining the necessity to re-test an alcohol screening device, and is provided as guidance to manufacturers: • Manufacturer and Model Name. • Nature and reason for change. • Scope of change (e.g., Will existing devices be retrofitted? Will the change apply to some users but not others?) • Will the change affect performance of the device with regards to the Model Specifications? (Precision and accuracy, blank reading, temperature operations, or vibrations.) • How will the change(s) be documented for the benefit of the user? (e.g., Will the change(s) be documented in service bulletins and/or service manuals? If not, why not?) If necessary for clarity, drawings of the listed and changed device may also be helpful in the NHTSA's deliberations. If, upon review of information provided by a manufacturer, it is determined that re-testing is not warranted, a statement to that effect will be included in the next scheduled CPL update. Additionally, NHTSA reserves the right to re-test any device on the open market to determine continued compliance and performance in accordance with these Model Specifications. Devices found not to comply with or perform in accordance with the Model Specifications are subject to the investigation provisions stated above in Section II, Procedures. (Authority: 23 U.S.C. 403; 49 CFR 1.50; 49 CFR Part 501). Issued on: December 14, 2007. Marilena Amoni, Associate Administrator for the Office of Research and Program Development. [FR Doc. E7-24282 Filed 12-13-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-33 (Sub-No. 246X)] Union Pacific Railroad Company—Abandonment Exemption—in Walker County, TX Union Pacific Railroad Company

(UP)has filed a notice of exemption under 49 CFR Part 1152 Subpart F— *Exempt Abandonments* to abandon a 1.67-mile line of railroad known as the Huntsville Industrial Lead, extending from milepost 5.0 to milepost 6.67 near Huntsville, in Walker County, TX. 1 The line traverses United States Postal Service Zip Code 77340. 1 By pleading filed December 3, 2007, UP corrected the line description to read milepost 5.0 instead of milepost 5.05 as listed in its filing of November 26, 2007. UP has certified that:

(1)No local traffic has moved over the line for at least 2 years;

(2)there is no overhead traffic on the line;

(3)no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and

(4)the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under *Oregon Short Line R. Co.—Abandonment—Goshen* , 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance

(OFA)has been received, this exemption will be effective on January 15, 2008, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, 2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 26, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 3, 2007, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis

(SEA)in its independent investigation) cannot be made before the exemption's effective date. *See Exemption of Out-of-Service Rail Lines* , 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). A copy of any petition filed with the Board should be sent to UP's representative: Mack H. Shumate, Jr., Senior General Attorney, 101 North Wacker Drive, Room 1920, Chicago, IL 60606. If the verified notice contains false or misleading information, the exemption is void *ab initio* . UP has filed a combined environmental and historic report addressing the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment

(EA)by December 21, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at

(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by UP's filing of a notice of consummation by December 14, 2008, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: December 7, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-24192 Filed 12-13-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Open Meeting of the Financial Literacy and Education Commission AGENCY: Departmental Offices, Treasury. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Financial Literacy and Education Commission, established by the Financial Literacy and Education Improvement Act (Title V of the Fair and Accurate Credit Transactions Act of 2003). DATES: The thirteenth meeting of the Financial Literacy and Education Commission will be held on Tuesday, January 15, 2008, beginning at 10 a.m. ADDRESSES: The Financial Literacy and Education Commission meeting will be held in the Cash Room at the Department of the Treasury, located at 1500 Pennsylvania Ave., NW., Washington, DC. To be admitted to the Treasury building, an attendee must RSVP by providing his or her name, organization, phone number, date of birth, Social Security number and country of citizenship to the Department of the Treasury by e-mail at: *FLECrsvp@do.treas.gov* , or by telephone at:

(202)622-5770 (not a toll-free number) not later than 5 p.m. on Wednesday, January 9, 2008. FOR FURTHER INFORMATION CONTACT: For additional information, contact Tom Kurek by e-mail at: *thomas.kurek@do.treas.gov* or by telephone at

(202)622-0204 (not a toll-free number). Additional information regarding the Financial Literacy and Education Commission and the Department of the Treasury's Office of Financial Education may be obtained through the Office of Financial Education's Web site at: *http://www.treas.gov/financialeducation* . SUPPLEMENTARY INFORMATION: The Financial Literacy and Education Improvement Act, which is Title V of the Fair and Accurate Credit Transactions Act of 2003 (the “FACT Act”) (Pub. L. 108-159), established the Financial Literacy and Education Commission (the “Commission”) to improve financial literacy and education of persons in the United States. The Commission is composed of the Secretary of the Treasury and the head of the Office of the Comptroller of the Currency; the Office of Thrift Supervision; the Federal Reserve; the Federal Deposit Insurance Corporation; the National Credit Union Administration; the Securities and Exchange Commission; the Departments of Education, Agriculture, Defense, Health and Human Services, Housing and Urban Development, Labor, and Veterans Affairs; the Federal Trade Commission; the General Services Administration; the Small Business Administration; the Social Security Administration; the Commodity Futures Trading Commission; and the Office of Personnel Management. The Commission is required to hold meetings that are open to the public every four months, with its first meeting occurring within 60 days of the enactment of the FACT Act. The FACT Act was enacted on December 4, 2003. The thirteenth meeting of the Commission, which will be open to the public, will be held in the Cash Room at the Department of the Treasury, located at 1500 Pennsylvania Ave., NW., Washington, DC. The room will accommodate 80 members of the public. Seating is available on a first-come basis. Participation in the discussion at the meeting will be limited to Commission members, their staffs, and special guest presenters. Dated: December 7, 2007. Dan Iannicola, Jr., Deputy Assistant Secretary for Financial Education. [FR Doc. E7-24204 Filed 12-13-07; 8:45 am] BILLING CODE 4811-42-P 72 240 Friday, December 14, 2007 Presidential Documents Part II The President Proclamation 8211—Wright Brothers Day, 2007 Title 3— The President Proclamation 8211 of December 11, 2007 Wright Brothers Day, 2007 By the President of the United States of America A Proclamation The cause of discovery and exploration is a desire written in the human heart. On Wright Brothers Day, we remember the achievement of two young brothers on the Outer Banks of North Carolina whose persistence, skill, ingenuity, and daring revolutionized the world. Orville and Wilbur Wright made the first manned, powered flight on December 17, 1903. Orville experienced the thrill of flight when he felt the first lift of the wing of the small wood and canvas aircraft that would travel 120 feet in 12 seconds. The brothers' passion and spirit of discovery helped define our Nation and paved the way for future generations of innovators to launch satellites, orbit the Earth, and travel to the Moon and back. Our country is continuing the Wright brothers' great American journey. My Administration is committed to advancing space science, human space flight, and space exploration. We will continue to work to expand the horizons of human knowledge to ensure that America is at the forefront of discovery for decades to come. The Congress, by a joint resolution approved December 17, 1963, as amended (77 Stat. 402; 36 U.S.C. 143), has designated December 17 of each year as “Wright Brothers Day” and has authorized and requested the President to issue annually a proclamation inviting the people of the United States to observe that day with appropriate ceremonies and activities. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim December 17, 2007, as Wright Brothers Day. IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of December, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second. GWBOLD.EPS [FR Doc. 07-6073 Filed 12-13-07; 8:58 am]

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