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Code · REGISTER · 2007-12-26 · U.S. Office of Personnel Management (OPM) · Notices

Notices. Notice

13,571 words·~62 min read·/register/2007/12/26/07-6145·

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

BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Excepted Service AGENCY: U.S. Office of Personnel Management (OPM). ACTION: Notice. SUMMARY: This gives notice of OPM decisions granting authority to make appointments under Schedules A, B, and C in the excepted service as required by 5 CFR 6.6 and 213.103. FOR FURTHER INFORMATION CONTACT: C. Penn, Group Manager, Executive Resources Services Group, Center for Human Resources, Division for Human Capital Leadership and Merit System Accountability, 202-606-2246.
SUPPLEMENTARY INFORMATION: Appearing in the listing below are the individual authorities established under Schedules A, B, and C between November 1, 2007, and November 30, 2007. Future notices will be published on the fourth Tuesday of each month, or as soon as possible thereafter. A consolidated listing of all authorities as of June 30 is published each year. Schedule A No Schedule A appointments were approved for November 2007. Schedule B No Schedule B appointments were approved for November 2007.
Schedule C The following Schedule C appointments were approved during November 2007. Section 213.3303 Executive Office of the President Office of Management and Budget BOGS80001 Confidential Assistant to the Administrator, E-Government and Information Technology. Effective November 09, 2007. Office of National Drug Control Policy QQGS80001 Special Assistant, Office of State and Local and Tribal Affairs to the Deputy Director for State and Local Affairs. Effective November 21, 2007.
Section 213.3304 Department of State DSGS61267 Special Assistant to the Assistant Secretary for International Organizational Affairs. Effective November 06, 2007. DSGS61268 Special Assistant to the Under Secretary for Public Diplomacy and Public Affairs. Effective November 09, 2007. DSGS68234 Foreign Affairs Officer to the Assistant Secretary for Democracy Human Rights and Labor. Effective November 13, 2007. Section 213.3305 Department of the Treasury DYGS00441 Director of Outreach to the Deputy Assistant Secretary (Financial Education).
Effective November 06, 2007. DYGS00489 Operations Coordinator to the Director of Operations. Effective November 30, 2007. Section 213.3306 Department of Defense DDGS17116 Protocol Specialist to the Special Assistant to the Secretary of Defense for Protocol. Effective November 05, 2007. DDGS17119 Special Assistant to the Under Secretary of Defense (Intelligence). Effective November 09, 2007. DDGS17034 Administrative Assistant to the Director, Department of Defense Office of Legislative Counsel.
Effective November 13, 2007. DDGS17118 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective November 13, 2007. DDGS17109 Defense Fellow to the Special Assistant to the Secretary of Defense for White House Liaison. Effective November 14, 2007. Section 213.3307 Department of the Army DWGS00089 Personal and Confidential Assistant to the Secretary of the Army. Effective November 09, 2007. Section 213.3308 Department of the Navy DNGS07408 Confidential Assistant to the Assistant Secretary of the Navy (Research Development and Acquisition).
Effective November 26, 2007. Section 213.3310 Department of Justice DJGS00072 Senior Advisor to the Director, Office of Public Affairs. Effective November 01, 2007. DJGS00102 Counsel to the Assistant Attorney General. Effective November 21, 2007. Section 213.3311 Department of Homeland Security DMGS00726 Chief of Staff to the Assistant Secretary for Policy. Effective November 09, 2007. DMGS00727 Advisor to the Chief of Staff. Effective November 14, 2007. DMGS00652 Director, Ready Campaign to the Assistant Secretary for Public Affairs.
Effective November 21, 2007. DMGS00728 Press Secretary to the Assistant Secretary for Public Affairs. Effective November 29, 2007. Section 213.3312 Department of the Interior DIGS01111 Associate Director—External and Intergovernmental Affairs to the Director, External and Intergovernmental Affairs. Effective November 09, 2007. Section 213.3313 Department of Agriculture DAGS00846 Deputy Director of Communications to the Director of Communications. Effective November 30, 2007. Section 213.3314 Department of Commerce DCGS00465 Confidential Assistant to the Director Office of White House Liaison.
Effective November 06, 2007. DCGS00540 Deputy Chief of Protocol to the Chief of Staff. Effective November 07, 2007. DCGS00325 Special Assistant to the Assistant Secretary for Market Access and Compliance. Effective November 21, 2007. DCGS00472 Confidential Assistant to the Assistant Secretary and Director General of United States/For Commercial Services. Effective November 21, 2007. DCGS00599 Confidential Assistant to the Director, Office of Legislative Affairs. Effective November 21, 2007.
Section 213.3315 Department of Labor DLGS00166 Staff Assistant to the Director, 21st Century Office and Deputy Assistant Secretary for Intergovernmental Affairs. Effective November 07, 2007. Section 213.3316 Department of Health and Human Services DHGS60058 Confidential Assistant to the Director, Congressional Liaison Office. Effective November 13, 2007. DHGS60129 Special Assistant to the Administrator Centers for Medicare and Medicaid Services. Effective November 21, 2007. Section 213.3317 Department of Education DBGS00533 Special Assistant to the Director, White House Liaison.
Effective November 13, 2007. DBGS00606 Secretary's Regional Representative, Region 3 to the Director, Regional Services. Effective November 13, 2007. Section 213.3318 Environmental Protection Agency EPGS07027 Strategic Scheduler to the Deputy Chief of Staff (Operations). Effective November 14, 2007. EPGS07026 Senior Advisor to the Assistant Administrator for Research and Development. Effective November 21, 2007. EPGS07028 Confidential Assistant to the Deputy Chief of Staff (Operations).
Effective November 21, 2007. EPGS07029 Director of Advance to the Deputy Chief of Staff (Operations). Effective November 21, 2007. EPGS07030 Deputy to the Scheduler to the Deputy Chief of Staff (Operations). Effective November 21, 2007. Section 213.3331 Department of Energy DEGS00622 Special Advisor to the Chief of Staff. Effective November 06, 2007. DEGS00623 Special Assistant to the Director, Public Affairs. Effective November 06, 2007. DEGS00618 Energy Operations Coordinator to the Assistant Secretary (Electricity Delivery and Energy Reliability).
Effective November 14, 2007. DEGS00619 Director of International Activities to the Principal Deputy Assistant Secretary. Effective November 14, 2007. DEGS00620 Director, Office of Technology Advancement and Outreach to the Chief Operating Officer for Energy Efficiency and Renewable Energy. Effective November 14, 2007. DEGS00621 Special Assistant to the Deputy Secretary of Energy. Effective November 14, 2007. DEGS00625 Principal Deputy Director to the Director, Public Affairs.
Effective November 29, 2007. Section 213.3332 Small Business Administration SBGS00637 Congressional Liaison to the Assistant Administrator for Congressional and Legislative Affairs. Effective November 21, 2007. SBGS00639 Congressional Liaison to the Assistant Administrator for Congressional and Legislative Affairs. Effective November 21, 2007. SBGS00640 Regional Administrator (Region II) to the Administrator. Effective November 23, 2007. Section 213.3337 General Services Administration GSGS00063 Senior Communications Advisor to the Deputy Associate Administrator for Communications.
Effective November 21, 2007. Section 213.3353 Merit Systems Protection Board MPGS60014 Counsel to the Chairman. Effective November 09, 2007. Section 213.3357 National Credit Union Administration CUOT01324 Staff Assistant to the Director of Public and Congressional Affairs to the Chairman. Effective November 09, 2007. Section 213.3384 Department of Housing and Urban Development DUGS60417 Special Assistant to the Assistant Deputy Secretary for Field Policy and Management. Effective November 14, 2007.
Section 213.3396 National Transportation Safety Board TBGS81116 Confidential Assistant to the Chairman. Effective November 29, 2007. Authority: 5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218. U.S. Office of Personnel Management. Howard C. Weizmann, Deputy Director. [FR Doc. E7-24924 Filed 12-21-07; 8:45 am] BILLING CODE 6325-39-P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request *Upon Written Request, Copies Available From:* Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549-0213. *Extension:* Rule 0-2, Form ADV-NR;
SEC File No. 270-214; OMB Control No. 3235-0240. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget a request for extension of the previously approved collection of information discussed below. The title for the collection of information is “Rule 0-2” (17 CFR 275.0-2) and “Form ADV-NR” (17 CFR 279.4) under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1).
Rule 0-2 and Form ADV-NR facilitate service of process to non-resident investment advisers and their non-resident general partners or non-resident managing agents. The Form requires these persons to designate the Commission as agent for service of process. The purpose of this collection of information is to enable the commencement of legal and/or regulatory actions against investment advisers that are doing business in the United States, but are not residents. The respondents to this information collection would be each non-resident general partner or non-resident managing agent of an SEC-registered adviser.
The Commission has estimated that compliance with the requirement to complete Form ADV-NR imposes a total burden of approximately 1 hour for an adviser. Based on our experience with these filings, we estimate that we will receive 18 Form ADV-NR filings annually. Based on the 1.0 hour per respondent estimate, the Commission staff estimates a total annual burden of 18 hours for this collection of information. Rule 0-2 and Form ADV-NR do not require recordkeeping or records retention.
The collection of information requirements under the rule and form are mandatory. The information collected pursuant to the rule and Form ADV-NR is a filing with the Commission. This filing is not kept confidential and must be preserved until at least three years after termination of the enterprise. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. General comments regarding the above information should be directed to the following persons:
(i)Desk Officer for the Securities and Exchange Commission, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or e-mail to: *Alexander_T._Hunt@omb.eop.gov* ; and
(ii)R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: *PRA_Mailbox@sec.gov* . Comments must be submitted to OMB within 30 days of this notice. Dated: December 17, 2007. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24885 Filed 12-21-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release Nos. 33-8874; 34-56989; File No. 265-24] Advisory Committee on Improvements to Financial Reporting AGENCY: Securities and Exchange Commission. ACTION: Notice of Meeting of SEC Advisory Committee on Improvements to Financial Reporting. SUMMARY: The Securities and Exchange Commission Advisory Committee on Improvements to Financial Reporting is providing notice that it will hold a public meeting on Friday, January 11, 2008, in the Multipurpose Room, Room L-006, at the Commission's main offices, 100 F Street, NE., Washington, DC, beginning at 9:30 a.m. The meeting will be open to the public. The meeting will be webcast on the Commission's Web site at *http://www.sec.gov.* The public is invited to submit written statements for the meeting. The agenda for the meeting includes:
(1)Discussion and deliberation of a Committee progress report with concrete proposals and conceptual approaches based on the Committee's work to date in the areas of substantive complexity, standard setting, audit process and compliance and delivery of financial information;
(2)a decision to use the Committee progress report as the basis for a report to be published for public comment; and
(3)a discussion of next steps and planning for the next meeting. DATES: Written statements should be received on or before January 4, 2008. ADDRESSES: Written statements may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet submission form ( *http://www.sec.gov/rules/other.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number 265-24 on the subject line. Paper Comments • Send paper statements in triplicate to Nancy M. Morris, Federal Advisory Committee Management Officer, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File No. 265-24. This file number should be included on the subject line if e-mail is used. To help us process and review your statements more efficiently, please use only one method. The Commission staff will post all statements on the Advisory Committee's Web site ( *http://www.sec.gov/about/offices/oca/acifr.shtml* ). Statements also will be available for public 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. All statements received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: James L. Kroeker, Deputy Chief Accountant, or Shelly C. Luisi, Senior Associate Chief Accountant, at
(202)551-5300, Office of the Chief Accountant, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-6561. SUPPLEMENTARY INFORMATION: In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S.C. App. 1, § 10(a), James L. Kroeker, Designated Federal Officer of the Committee, has approved publication of this notice. Dated: December 19, 2007. Nancy M. Morris, Committee Management Officer. [FR Doc. E7-24905 Filed 12-21-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 8873; Release No. 56986] Securities Act of 1933; Securities Exchange Act of 1934; Order Approving Public Company Accounting Oversight Board Budget and Annual Accounting Support Fee for Calendar Year 2008 The Sarbanes-Oxley Act of 2002 (the “Act”) established the Public Company Accounting Oversight Board (“PCAOB”) to oversee the audits of public companies and related matters, to protect investors, and to further the public interest in the preparation of informative, accurate and independent audit reports. The PCAOB is to accomplish these goals through registration of public accounting firms and standard setting, inspection, and disciplinary programs. Section 109 of the Act provides that the PCAOB shall establish a reasonable annual accounting support fee, as may be necessary or appropriate to establish and maintain the PCAOB. Section 109(h) amends section 13(b)(2) of the Securities Exchange Act of 1934 to require issuers to pay the allocable share of a reasonable annual accounting support fee or fees, determined in accordance with section 109 of the Act. Under section 109(f), the aggregate annual accounting support fee shall not exceed the PCAOB's aggregate “recoverable budget expenses,” which may include operating, capital and accrued items. Section 109(b) of the Act directs the PCAOB to establish a budget for each fiscal year in accordance with the PCAOB's internal procedures, subject to approval by the Securities and Exchange Commission (the “Commission”). On July 18, 2006, the Commission amended its Rules of Practice related to its Informal and Other Procedures to add a rule to facilitate the Commission's review and approval of PCAOB budgets and accounting support fees. 1 The new budget rule provides, among other things, a timetable for the preparation and submission of the PCAOB budget and for Commission actions related to each budget, a description of the information that should be included in each budget submission, limits on the PCAOB's ability to incur expenses and obligations except as provided in the approved budget, procedures relating to supplemental budget requests, requirements for the PCAOB to furnish on a quarterly basis certain budget-related information, and a list of definitions that apply to the rule and to general discussions of PCAOB budget matters. 1 17 CFR 202.11. *See* Release No. 33-8724 (July 18, 2006) [71 FR 41998 (July 24, 2006)]. The new budget rule requires compliance beginning with the budget process for fiscal year 2008. Accordingly, in March 2007 the PCAOB provided the Commission with a narrative description of its program issues and outlook for the 2008 budget year. In response, the Commission staff provided to the PCAOB staff economic assumptions and budgetary guidance for the 2008 budget year. The PCAOB subsequently delivered a preliminary budget and budget justification to the Commission. The staff from the Commission's Offices of the Chief Accountant, Executive Director and Information Technology dedicated a substantial amount of time to the review and analysis of the PCAOB's programs, projects and budget estimates, reviewed the PCAOB's estimates of 2007 actual spending, and attended several meetings with management and staff of the PCAOB to develop an understanding of the PCAOB's budget and operations. During the course of the Commission's review, the Commission staff relied upon representations and supporting documentation from the PCAOB. Based on this comprehensive review, the Commission issued a “pass back” to the PCAOB. The PCAOB approved its 2008 budget on November 19, 2007 and submitted that budget for Commission approval. After considering the above, the Commission did not identify any proposed disbursements in the 2008 budget adopted by the PCAOB that are not properly recoverable through the annual accounting support fee, and the Commission believes that the aggregate proposed 2008 annual accounting support fee does not exceed the PCAOB's aggregate recoverable budget expenses for 2008. As part of its review of the 2008 PCAOB budget, the Commission notes that this is the first year of compliance with the new budget rule. The Commission recognizes that the PCAOB is continuing to work with its program areas to develop full and robust submissions in response to the new budget rule. The PCAOB also is in an important review and reorganization phase regarding its IT program, and the PCAOB intends to implement annual and special reporting for registered public accounting firms, a function required by section 102(d) of the Sarbanes-Oxley Act of 2002, in the 2008 budget year. In addition, the Commission believes an integral part of the PCAOB's budget process, and of import to the Commission in fulfilling its oversight responsibilities, is the PCAOB's long-range strategic planning. The budget rule requires the PCAOB to maintain a comprehensive strategic plan that supports each budget request, 2 describes the required minimum elements of the plan, 3 and requires the PCAOB's budget submission to describe the relationship between the strategic plan and the resources requested in the budget. 4 The Board submitted a strategic plan to the Commission in May, 2007, and the Commission subsequently provided comments designed to improve the plan so that it better informs the budget request as anticipated by the rule and facilitates the Commission's review and approval thereof. Because of the important role that the strategic plan plays in informing the PCAOB's budget request, and to address the other items mentioned above, the Commission deems it necessary to set forth the following specific measures. 2 See 17 CFR 202.11(g). 3 See 17 CFR 202.11(b)(9). 4 See 17 CFR 202.11(b)(2) and (b)(5). Accordingly, with respect to the PCAOB's 2009 budget cycle, the PCAOB will: 1. Develop a full and robust strategic plan, preliminary budget and budget justification. In particular: a. The PCAOB will review its strategic plan in connection with the description of the minimum elements of such a plan in the Commission's budget approval rule and the Commission's comments noted above. Consistent with the foregoing, the PCAOB will submit a draft to the Commission by February 29, 2008 of a revised strategic plan that includes, among other things,
(i)quantifiable and measurable performance targets,
(ii)forecasts of total headcount and budget summary figures for the current and four following years,
(iii)a candid assessment of the PCAOB's strengths and weaknesses, and
(iv)a broader discussion of environmental factors. The Commission will provide views to the PCAOB within two weeks after it receives the new draft plan. Thereafter, the PCAOB will adopt a new strategic plan, reflecting such views, by March 31, 2008. b. The PCAOB will further develop and submit a more detailed preliminary budget, budget justification and performance budget, including performance targets as required under the budget rule. 2. Include more detailed information about the state of the PCAOB's IT review and reorganization in its quarterly reports to the Commission, including plans and estimated and actual costs for IT projects such as the proposed annual and special reporting system; 3. Implement annual and special reporting in accordance with the Act and provide an analysis of historical and planned expenditures related to the review and processing of registrations and annual reports of public accounting firms, including any associated information technology costs, and provide a timetable for recovering those amounts from registered public accounting firms as required by section 102(f) of the Act; 4. Not increase Chairman and Board salaries for 2008 beyond the 3.3% budgeted increase in the 2008 budget, and Chairman and Board salaries shall not be further linked to FASB Chairman and Board salaries; and 5. Keep the Commission and its staff informed of any internal or third-party reviews of the PCAOB's programs and offices and the findings of any such reviews. The Commission has determined that the PCAOB's 2008 budget and annual accounting support fee are consistent with section 109 of the Act. Accordingly, *It is ordered,* pursuant to section 109 of the Act, that the PCAOB budget and annual accounting support fee for calendar year 2008 are approved. By the Commission. Nancy M. Morris, Secretary. [FR Doc. E7-24909 Filed 12-21-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56977; File No. SR-CBOE-2007-148] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend its Equity Options Obvious Error Rule December 18, 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 14, 2007, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. CBOE has designated this proposal as one concerned solely with the administration of the Exchange under section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(3) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend CBOE Rule 6.25, which is the Exchange's rule applicable to the nullification and adjustment of equity options transactions. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.cboe.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change, and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. CBOE has substantially 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 Under CBOE's equity obvious error rule, an Obvious Error Panel may be formed to review decisions made by Trading Officials under the rule. The Obvious Error Panel is currently comprised of at least one Trading Floor Liaison (“TFL”) staff member and four Exchange members. The purpose of the proposed rule change is to replace the reference to the “TFL” staff with a reference to the “Exchange's staff designated to perform Obvious Error Panel functions.” The Exchange is proposing to make this change because it recently determined to reassign the Obvious Error Panel function from the CBOE TFL group to a group of designated Exchange personnel within CBOE's market control center. In trying to accommodate the reassignment of these particular TFL functions, the Exchange believes a better approach than specifically referencing a particular Exchange staff group is to reference the “Exchange's staff designated to perform” the particular function. In this way, the Exchange will have the flexibility to delegate the authorities under the obvious error rules to the appropriate Exchange staff and will not have to make a rule change merely, for instance, to accommodate a future change in the title of a staff group or to accommodate the reassignment of the authority to another staff group. The Exchange believes that because the authority exercised by Exchange staff is delegated pursuant to Exchange rules, the title of the particular group exercising their authority should not be relevant. 5 5 The Exchange recently made a similar change when it deleted specific references to TFLs in its obvious error rules in order to accommodate the reassignment of Trading Official functions under the rules from the TFL group to a group of designated Exchange personnel within CBOE's market control center. *See* Securities Exchange Act Release No. 56494 (September 21, 2007), 72 FR 55264 (September 28, 2007) (SR-CBOE-2007-110). Under the revised rules, “Trading Officials” now means two Exchange members designated as Floor Officials and one member of the Exchange's staff designated to perform Trading Official functions. *See* CBOE Rules 6.25, Commentary 02 and 24.16, Commentary 02. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act 6 in general, and furthers the objectives of section 6(b)(5) of the Act 7 in particular, in that it is designed to promote just and equitable principles of trade, foster cooperation among persons engaged in facilitating securities transactions, and protect investors and the public interest. The Exchange believes that this proposal complies with the Act because the Exchange is amending its rules to update and/or generalize references to certain Exchange staff in order to facilitate compliance. 6 15 U.S.C. 78f(b). 7 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 neither solicited nor received comments with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change has been designated as concerned solely with the administration of the Exchange pursuant to section 19(b)(3)(A)(iii) of the Act 8 and Rule 19b-4(f)(3) 9 thereunder. Accordingly, the proposal will take effect upon filing with the Commission. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such proposed 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. 8 15 U.S.C. 78s(b)(3)(A)(iii). 9 17 CFR 240.19b-4(f)(3). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2007-148 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2007-148. 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-CBOE-2007-148 and should be submitted on or before January 16, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24890 Filed 12-21-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56905; File No. SR-NASDAQ-2007-087] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Modify Fees for Members Using the Nasdaq Market Center December 5, 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 substantially prepared by the Exchange. The Exchange filed the proposed rule change pursuant to section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders it 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)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Nasdaq proposes to modify pricing for Nasdaq members using the Nasdaq Market Center. Nasdaq will implement this proposed rule change on November 1, 2007. The text of the proposed rule change is available at the Exchange's Web site, the Exchange and the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, 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 1. Purpose Effective November 1, 2007, Nasdaq is implementing a set of pricing changes relating to securities listed on exchanges other than Nasdaq and the New York Stock Exchange (“NYSE”). 5 Specifically, for certain “Low-Volume Securities,” Nasdaq is adopting an enhanced liquidity provider rebate of $0.004 per share executed. 6 A Low-Volume Security is defined as a security listed on an exchange other than Nasdaq or the NYSE with an average daily volume on all venues during the preceding month of less than 200,000 shares. For each calendar month, the determination of Low-Volume Securities will be made on the 25th day of the preceding month, based on trading volumes since the 25th day of the month before. For example, the determination of Low-Volume Securities for trading during the calendar month of November would be made on October 25, based on trading volumes from September 25 until October 24. The list of Low-Volume Securities will be posted on the NasdaqTrader.com Web site. By announcing the list prior to the first of the month, Nasdaq believes that it will enable market participants to reflect on the list when making trading decisions at the beginning of the month. A security with seven or fewer trading days during an assessment period, such as a new listing, will not be considered a Low-Volume Security, regardless of its volume, since the lack of trading data does not provide a meaningful basis for determining the security's potential volume during the following month. 5 Transaction reports for these securities are disseminated by the Consolidated Tape Association (“CTA”) on “Tape B.” 6 There is, however, no liquidity provider rebate if the execution price is less than $1 per share. As a corollary to the enhanced liquidity provider rebate for Low-Volume Securities, Nasdaq will be eliminating market data revenue sharing for these same securities. Nasdaq's existing program for sharing 50% of market data revenue with liquidity providers in Tape B securities will remain in effect for Tape B securities that are not Low-Volume Securities. Nasdaq believes that because the amount of a liquidity provider rebate is known by market participants prior to order execution, it provides a more direct incentive for liquidity provision than market data revenue sharing, the exact amount of which is estimated monthly but confirmed on a quarterly basis and depends upon a range of factors beyond the control of a particular market participant. Accordingly, Nasdaq believes that substituting an enhanced rebate for market data revenue sharing may encourage market participants to make greater use of Nasdaq for trading the securities covered by the program. At present, Nasdaq's only active program for market data revenue sharing is for liquidity providers in Tape B securities. 7 Accordingly, the proposed enhanced rebate applies only to these securities. Moreover, Nasdaq's initial focus is on Low-Volume Securities (as defined above and in the rule) because Nasdaq believes that an enhanced credit may encourage tighter spreads and more overall activity in these stocks. Moreover, the focus on these securities will allow Nasdaq to evaluate the financial and market behavior impact of the change without materially increasing the overall amount of liquidity provider credits that it pays. 7 The Financial Industry Regulatory Authority (“FINRA”)/NASDAQ Trade Reporting Facility also maintains a revenue sharing program, but Nasdaq's program under Rule 7024, which allows for discretionary sharing of an unspecified percentage of certain operating revenues, is not currently in use. 2. Statutory Basis Nasdaq believes that the proposed rule change is consistent with the provisions of section 6 of the Act, 8 in general, and with section 6(b)(4) of the Act, 9 in particular, in that it 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. The change responds to fee changes by NYSE to ensure that Nasdaq's fees for routing to NYSE are generally consistent with charges that NYSE imposes on Nasdaq when it routes orders to it. 8 15 U.S.C. 78f. 9 15 U.S.C. 78f(b)(4). 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, as amended. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change is filed pursuant to section 19(b)(3)(A)(ii) of the Act 10 and subparagraph (f)(2) of Rule 19b-4 thereunder 11 because it establishes or changes a due, fee, or other charge applicable only to a member imposed by a self-regulatory organization. Accordingly, the proposal is effective upon Commission receipt of the filing. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 10 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 240.19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NASDAQ-2007-087 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-NASDAQ-2007-087. 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 Nasdaq. 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-NASDAQ-2007-087 and should be submitted on or before January 16, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24897 Filed 12-21-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56976; File No. SR-NYSE-2007-98] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, to Reduce From Six Months to Three Months the Period for Which a Company's Average Global Market Capitalization Must Exceed the Levels Established by the Exchange's Pure Valuation/Revenue Test December 17, 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 29, 2007, New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On December 14, 2007, the Exchange filed Amendment No. 1 to the proposed rule change. 3 The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Amendment No. 1, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 The Exchange notes that Amendment No. 1 superseded the original filing in its entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to reduce from six months to three months the period for which the average global market capitalization of prospective listed companies must exceed the levels established by the Exchange's “pure valuation/revenue” test contained in section 102.01C of the Exchange's Listed Company Manual (the “Manual”). The text of the proposed rule change is included below. Proposed new language is italicized; proposed deletions are in [brackets]. NYSE Listed Company Manual 102.01 Minimum Numerical Standards—Domestic Companies—Equity Listings 102.01C A company must meet one of the following financial standards.
(II)Valuation/Revenue Test Companies listing under this standard may satisfy either
(a)the Valuation/Revenue with Cash Flow Test or
(b)the Pure Valuation/Revenue Test.
(b)Pure Valuation/Revenue Test—
(1)At least $750,000,000 in global market capitalization, and
(2)At least $75,000,000 in revenues during the most recent fiscal year*. In the case of companies listing in connection with an IPO, the company's underwriter (or, in the case of a spin-off, the parent company's investment banker or other financial advisor) must provide a written representation that demonstrates the company's ability to meet the $750,000,000 global market capitalization requirement based upon the completion of the offering (or distribution). For all other companies, market capitalization valuation will be determined over a [six] *three* -month average. *In considering the suitability for listing of a company pursuant to the provision in the immediately preceding sentence, the Exchange will consider whether the company's business prospects and operating results indicate that the company's market capitalization value is likely to be sustained or increase over time.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to reduce from six months to three months the period for which the average global market capitalization of prospective listed companies must exceed the levels established by the Exchange's financial listing criteria contained in section 102.01C of the Manual. Section 102.01C requires companies listing under the Exchange's “pure valuation/revenue” test to have a global market capitalization of $750 million. In the case of companies listing other than in connection with an initial public offering or a spin-off or upon emergence from bankruptcy, section 102.01C provides that the company must have met the required level of market capitalization on the basis of a six-month average. The Exchange believes that a reduction of this requirement from six months to three months will not diminish the quality of companies listing under the relevant tests. Rather, the Exchange believes that the primary effect of the proposed amendment would be to permit the earlier listing of companies that would ultimately qualify on the basis of a six-month average. 4 In accepting companies that have met the required market capitalization requirement for less than six months, the Exchange will consider whether the company's business prospects and operating results indicate that the company's market capitalization value is likely to be sustained or increase over time or whether more transient conditions have led to a valuation that is unlikely to be sustained. 5 4 The Exchange notes that under The NASDAQ Stock Market LLC (“Nasdaq”) Global Market Standard 3, a company can list with $75 million in market value of listed securities (sustained over 90 consecutive trading days) and $20 million in market value of publicly held shares. *See* Nasdaq Rule 4420(c). The Exchange believes that, notwith-standing the proposed shift to a three-month from a six-month test period, the NYSE's “pure valuation/revenue” standard's requirement of a global market capitalization of $750 million is far more stringent than Nasdaq Global Market Standard 3. 5 *See* proposed rule text, *supra* Section I. 2. Statutory Basis The proposed rule change is consistent with section 6(b) 6 of the Act, in general, and furthers the objectives of section 6(b)(5), 7 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system. 6 15 U.S.C. 78f(b). 7 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 Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2007-98 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-98. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-98 and should be submitted on or before January 16, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 8 Florence E. Harmon, Deputy Secretary. 8 17 CFR 200.30-3(a)(12). [FR Doc. E7-24889 Filed 12-21-07; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 11122 and # 11123] Oregon Disaster Number OR-00023 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of OREGON (FEMA-1733-DR), dated 12/09/2007. *Incident:* Severe Storms, Flooding, Landslides, and Mudslides. *Incident Period:* 12/01/2007 and continuing. DATES: *Effective Date:* 12/15/2007. *Physical Loan Application Deadline Date:* 02/07/2008. *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: The notice of the Presidential disaster declaration for the State of OREGON, dated 12/09/2007 is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* Polk, Yamhill. *Contiguous Counties:* Oregon: Benton, Clackamas, Linn, Marion. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-24941 Filed 12-21-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Disaster Declaration # 11124 and # 11125; Washington Disaster Number WA-00015 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for the State of Washington (FEMA—1734—DR ) , dated 12/09/2007. *Incident:* Severe Storms, Flooding, Landslides, and Mudslides. *Incident Period:* 12/01/2007 and continuing. *Effective Date:* 12/15/2007. *Physical Loan Application Deadline Date:* 02/07/2008. *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: The notice of the Presidential disaster declaration for the State of Washington, dated 12/09/2007is hereby amended to include the following areas as adversely affected by the disaster: *Primary Counties:* Mason, Pacific, and Thurston. *Contiguous Counties:* Washington Kitsap. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera Acting Associate Administrator for Disaster Assistance. [FR Doc. E7-24946 Filed 12-21-07; 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 Waiver of the Nonmanufacturer Rule for Irradiation Apparatus Manufacturing product number 6525. SUMMARY: The U.S. Small Business Administration
(SBA)is granting a waiver of the Nonmanufacturer Rule for Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies). The basis for waiver is that no small business manufacturers are supplying this class of product to the Federal government. The effect of a waiver would be to 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: This waiver is effective January 10, 2008. 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 six digit coding systems. The first coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The second is the Product and Service Code required as a data entry field by the Federal Procurement Data System. The SBA received a request on September 21, 2007, to waive the Nonmanufacturer Rule for Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies). In response, on October 31, 2007, SBA published in the **Federal Register** a notice of intent to waive the Nonmanufacturer Rule for Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies). SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of this class of products. In response to this notice, three
(3)comments were received from interested parties. However, none of the interested parties are small business manufacturers of X-Ray Equipment and Supplies. SBA has determined that there are no small business manufacturers of this class of products, and is therefore granting the waiver of the Nonmanufacturer Rule for Irradiation Apparatus Manufacturing (X-Ray Equipment and Supplies) NAICS code 334517 and product number 6525. Authority: 15 U.S.C. 637(a)(17). Dated: December 11, 2007. Arthur E. Collins, Jr., Director for Government Contracting. [FR Doc. E7-24952 Filed 12-21-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 6039] State-36 Security Records *Summary:* Notice is hereby given that the Department of State proposes to alter an existing system of records, STATE-36, pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C.(r)), and Office of Management and Budget Circular No. A-130, Appendix I. The Department's report was filed with the Office of Management and Budget on 12-12-2007. It is proposed that the current system will retain the name “Security Records.” It is also proposed that due to the expanded scope of the current system, the altered system description will include revisions and/or additions to the following sections: System Location; Categories of Individuals covered by the System; Authority for Maintenance of the System; and Routine Uses of Records Maintained in the System, Including Categories of Users and Purposes of such Uses. Changes to the existing system description are proposed in order to reflect more accurately the Bureau of Diplomatic Security's record-keeping system, the Authority establishing its existence and responsibilities, and the uses and users of the system. Any persons interested in commenting on the altered system of records may do so by submitting comments in writing to Margaret P. Grafeld, Director; Office of Information Programs and Services; A/ISS/IPS; Department of State, SA-2; Washington, DC 20522-8001. This system of records will be effective 40 days from the date of publication, unless we receive comments that will result in a contrary determination. The altered system description, “Security Records, State-36,” will read as set forth below. Dated: December 12, 2007. Raj Chellaraj, Assistant Secretary for the Bureau of Administration, Department of State. STATE—36 SYSTEM NAME: Security Records. SECURITY CLASSIFICATION: Unclassified and Classified. SYSTEM LOCATION: Department of State, Bureau of Diplomatic Security, State Annex 1, 2401 E Street NW, Washington, DC 20037; State Annex 7, 7943-59 Cluny Court, Springfield, VA 22153; State Annex 11, 2216 Gallows Road, Cedar Hill, Fairfax, VA 22222; State Annex 11A 2222 Gallows Road, Fairfax, VA 22222; State Annex 11B, 2230 Gallows Road, Fairfax, VA 22222; State Annex 14, 1400 Wilson Blvd., Arlington, VA 22209; State Annex 20, 1801 North Lynn Street, Washington, DC 20522-2008; State Annex 24, 5800 Barclay Drive, Springfield, VA 22315; State Annex 31, 7942 Angus Court, Bays G&H, Springfield, VA 22150; State Annex 33, 3507 International Place, Federal Building NW., Washington, DC 20008; State Annex 42, 4020 Arlington Blvd., George P. Shultz (NFATC), Rosslyn, VA 22204-1500; Harry S Truman Building, 2201 C Street NW., Washington, DC 20520; various field offices throughout the United States; and overseas at some U.S. Embassies, U.S. Consulates General, and U.S. Consulates. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Present and former employees of the Department of State including Diplomatic Security Special Agents; applicants for Department employment who have been or are presently being investigated for security clearance; contractors working for the Department; interns and detailees to the Department; individuals requiring access to the official Department of State premises who have undergone or are undergoing security clearance; diplomatic, consular, administrative and technical staff, international organization employees, domestic and household members to include private servants, and other foreign government personnel and their dependents accredited to the United States; some passport and visa applicants concerning matters of adjudication; individuals involved in matters of passport and visa fraud; individuals involved in unauthorized access to classified information; prospective alien spouses of American personnel of the Department of State; individuals or groups whose activities have a potential bearing on the security of Departmental or Foreign Service operations, including those involved in criminal or terrorist activity; visitors to the Department of State main building (Harry S Truman Building), to its domestic annexes, field offices, missions, and to the United States embassies and consulates and missions overseas; and all other individuals requiring access to official Department of State premises who have undergone or are undergoing a security clearance. Other files include individuals issued security violations or infractions or cyber security violations or cyber security infractions; litigants in civil suits and criminal prosecutions of interest to the Bureau of Diplomatic Security; individuals who have Department building passes; uniformed security officers; individuals named in congressional inquiries to the Bureau of Diplomatic security; individuals subject to investigations conducted abroad on behalf of other Federal agencies; individuals whose activities other agencies believe may have a bearing on U.S. foreign policy interests. AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
(a)5 U.S.C. 301 (Management of Executive Agencies);
(b)5 U.S.C. 7311 (Suitability, Security, and Conduct);
(c)5 U.S.C. 7531-33 (Adverse Actions, Suspension and Removal, and effect on Other Statutes);
(d)U.S.C. 1104 (Aliens and Nationality—passport and visa fraud investigations);
(e)18 U.S.C.111 (Crimes and Criminal Procedures)(Assaulting, resisting, or impeding certain officers or employees);
(f)18 U.S.C. 112 (Protection of foreign officials, official guests, and internationally protected persons);
(g)18 U.S.C. 201 (Bribery of public officials and witnesses);
(h)18 U.S.C. 202 (Bribery, Graft, and Conflicts of Interest—Definitions);
(i)18 U.S.C. 1114 (Protection of officers and employees of the U.S.);
(j)18 U.S.C. 1116 (Murder or manslaughter of foreign officials, official guests, or internationally protected persons);
(k)18 U.S.C. 1117 (Conspiracy to murder);
(l)18 U.S.C. 1541-1546 (Issuance without authority, false statement in application and use of passport, forgery or false use of passport, misuse of passport, safe conduct violation, fraud and misuse of visas, permits, and other documents);
(m)22 U.S.C. 211a (Foreign Relations and Intercourse) (Authority to grant, issue, and verify passports);
(n)22 U.S.C. 842, 846, 911 (Duties of Officers and Employees and Foreign Service Officers) (Repealed, but applicable to past records);
(o)22 U.S.C. 2454 (Administration);
(p)22 U.S.C. 2651a (Organization of the Department of State);
(q)22 U.S.C. 2658 (Rules and regulations; promulgation by Secretary; delegation of authority) (applicable to past records);
(r)22 U.S.C. 2267 (Empowered security officers of the Department of State and Foreign Service to make arrests without warrant) (Repealed, but applicable to past records);
(s)22 U.S.C. 2709 (Special Agents);
(t)22 U.S.C. 2712 (Authority to control certain terrorism-related services);
(u)22 U.S.C. 3921 (Management of service);
(v)22 U.S.C. 4802, 4804(3)(D) (Diplomatic Security) (generally) and (Responsibilities of Assistant Secretary for Diplomatic Security) (generally) (Repealed, but applicable to past records);
(w)22 U.S.C. 4831-4835 (Accountability review, accountability review board, procedures, findings and recommendations by a board, relation to other proceedings);
(x)44 U.S.C. 3101 (Federal Records Act of 1950, Sec. 506(a) as amended) (applicable to past records);
(y)Executive Order 10450 (Security requirements for government employment);
(z)Executive Order 12107, Title 5 (Relating to the Civil Service Commission and Labor-Management in the Federal Service);
(aa)Executive Order 12958 and its predecessor orders (National Security Information);
(bb)Executive Order 12968 (Access to Classified Information);
(cc)22 CFR Subchapter M (International Traffic in Arms) (applicable to past records);
(dd)40 U.S.C. Chapter 10 (Federal Property and Administrative Services Act (1949));
(ee)31 U.S.C. (Tax Code);
(ff)Pub. L. 99-399, 8/27/86; (Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended);
(gg)Pub. L. 99-529, 10/24/86 (Special Foreign Assistance Act of 1986, concerns Haiti) (applicable to past records);
(hh)Pub. L. 100-124, Section 155a (concerns special security program for Department employees responsible for security at certain posts) (applicable to past records);
(ii)Pub. L. 100-202, 12/22/87 (Appropriations for Departments of Commerce, Justice, and State) (applicable to past records);
(jj)Pub. L. 100-461, 10/1/88 (Foreign Operations, Export Financing, and Related Programs Appropriations Act);
(kk)Pub. L. 102-138, 10/28/91 (Foreign Relations Authorization Act, Fiscal Years 1992 and 1993) (applicable to past records);
(ll)Pub. L. 107-56, 115 Stat. 272, 10/26/2001 (USA PATRIOT Act); (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism);
(mm)Pub. L. 108-066, 117 Stat. 650, 4/30/2003 (PROTECT Act) (Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003);
(nn)Executive Order 12356 (National Security Information) applicable to past records);
(oo)Executive Order 9397 (Numbering System for Federal Accounts Relating to Individual Persons);
(pp)HSPD-12, 7/24/2004 (Homeland Security Presidential Directive);
(qq)Executive Order 13356, 8/27/04 (Strengthening the Sharing of Terrorism Information to Protect Americans);
(rr)P.L. 108-458 (Sect. 1016) (Intelligence Reform and Terrorism Prevention Act of 2004);
(ss)22 U.S.C. 254 (Diplomatic Relations Act); 22 U.S.C. 288 (International Organizations Immunities Act); 22 U.S.C. 4301-4306 (Foreign Missions Act). CATEGORIES OF RECORDS IN THE SYSTEM: Investigatory material relating to any category of individual described above, including case files containing items such as applications for passports and employment, photographs, fingerprints, birth certificates, credit checks, intelligence reports, security evaluations and clearances, other agency reports and informant reports; legal case pleadings and files; evidence materials collected during investigations; security violation files; training reports; administrative files related to the notification of appointment, termination of appointment and dependent employment requests for diplomats, consular officers, administrative and technical staff, employees of international organizations, domestic and household members to include private servants, and other foreign government personnel and their dependents accredited to the United States (this category of records is maintained also by the Office of the Chief of Protocol in the Department of State); weapons assignment data base; firing proficiency scores; availability for special protective assignments; language proficiency scores; intelligence reports; counterintelligence material; counterterrorism material; internal Departmental memoranda; internal personnel, fiscal, and other administrative documents; emergency contact information for Department employees and contractors. For Visitors: Name; Date of birth; Citizenship; ID type; ID number; temporary badge number; host's name; office symbol; room number; and telephone number; for all others: Name; date and place of birth; home address; employer; employer's address; badge number; home and office telephone numbers; Social Security Account Number; specific areas and times of authorized accessibility; escort authority; status and level of security clearance; issuing agency and issue date; and for all individuals: date and times of building entrance and exit. Additionally, security files contain information needed to provide protective services for the Secretary of State and visiting foreign dignitaries; and to protect the Department's official facilities. There are also information copies of investigations of individuals conducted abroad on behalf of other Federal agencies. Finally, security files contain documents and reports furnished to the Department by other agencies concerning individuals whose activities the other agencies believe may have a bearing on U.S. foreign policy interests. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: The information in the Security Records is used by:
(a)Department of State officials in the administration of their responsibilities;
(b)Appropriate Committees of the Congress in furtherance of their respective oversight functions;
(c)Department of Treasury; U.S. Office of Personnel Management; Agency for International Development; U.S. Information Agency (past records); Department of Commerce; Peace Corps; Arms Control and Disarmament Agency (past records); U.S. Secret Service; Immigration and Naturalization Service; Department of Defense; Central Intelligence Agency; Department of Justice; Federal Bureau of Investigation; National Security Agency; Drug Enforcement Administration; National Counter Terrorism Center; and other Federal agencies inquiring pursuant to law or Executive Order in order to make a determination of general suitability for employment or retention in employment, to grant a contract or issue a license, grant, or security clearance;
(d)Any Federal, state, municipal, foreign or international law enforcement or other relevant agency or organization for law enforcement or counterterrorism purposes: threat alerts and analyses, protective intelligence and counterintelligence information, information relevant for screening purposes, and other law enforcement and terrorism-related information as needed by appropriate agencies of the Federal government, states, or municipalities, or foreign or international governments or agencies;
(e)Any other agency or Department of the Federal government pursuant to statutory intelligence responsibilities or other lawful purposes;
(f)Any other agency or Department of the Executive Branch having oversight or review authority with regard to its investigative responsibilities;
(g)A federal, state, local, foreign, or international agency or other public authority that investigates, prosecutes or assists in investigation, prosecution or violation of criminal law or enforces, implements or assists in enforcement or implementation of statute, rule, regulation or order;
(h)A federal, state, local or foreign agency or other public authority or professional organization maintaining civil, criminal, and other relevant enforcement or pertinent records such as current licenses; information may be given to a customer reporting Agency:
(1)In order to obtain information, relevant enforcement records or other pertinent records such as current licenses or
(2)To obtain information relevant to an agency investigation, a decision concerning the hiring or retention of an employee or other personnel action, the issuance of a security clearance or the initiation of administrative, civil, or criminal action;
(i)Officials of the Department or other government agencies in the letting of a contract, issuance of a license, grant or other benefit, and the establishment of a claim;
(j)Any private or public source, witness, or subject from which information is requested in the course of a legitimate agency investigation or other inquiry to the extent necessary to identify an individual; to inform a source, witness or subject of the nature and purpose of the investigation or other inquiry; and to identify the information requested;
(k)An attorney or other designated representative of any source, witness or subject described in paragraph
(j)of the Privacy Act only to the extent that the information would be provided to that category of individual itself in the course of an investigation or other inquiry;
(l)By a Federal agency following a response to its subpoena or to a prosecution request that such record be released for the purpose of its introduction to a grand jury;
(m)Relevant information may be disclosed from this system to the news media and general public where there exists a legitimate public interest, e.g., to assist in the location of Federal fugitives, to provide notification of arrests, and where necessary for protection from imminent threat to life or property;
(n)State, local, federal or non-governmental agencies and entities as needed for purposes of emergency or disaster response. Also see “Routine Uses” of Prefatory Statement published in the **Federal Register** . POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Hard copy, microfilm, microfiche, tape recordings, electronic media, and photographs. RETRIEVABILITY: The system is accessed by individual name, personal identifier, case number, badge number, and Social Security Account Number (for other than visitors), as well as by each “category of record in the system”; but the files may be grouped for the convenience of the user by type, country code, group name, subject, contract number, weapons serial number, or building pass number. SAFEGUARDS: All employees of the Department of State have undergone a thorough personnel security background investigation. Access to the Department of State building and its annexes is controlled by security guards and admission is limited to those individuals possessing a valid identification card or individuals under proper escort. Access to Annex 20 also has security access controls (code entrances) and/or security alarm systems. All records containing personal information are maintained in secured file cabinets or in restricted areas, access to which is limited to authorized personnel. Access to computerized files is password-protected and under the direct supervision of the system manager. The system manager has the capability of printing audit trails of access from the computer media, thereby permitting regular *ad hoc* monitoring of computer usage. RETENTION AND DISPOSAL: Retention of those records varies depending upon the specific kind of record involved. The records are retired or destroyed in accordance with published schedules of the Department of State and as approved by the National Archives and Records Administration. More specific information may be obtained by writing to the Director, Office of Information Programs and Services (A/ISS/IPS), SA-2, Department of State, Washington, DC 20522-6001. SYSTEM MANAGER AND ADDRESS: Principal Deputy Assistant Secretary for Diplomatic Security and Director for the Diplomatic Security Service; Department of State, SA-20, 23rd Floor, 1801North Lynn Street, Washington, DC 20522-2008 for the Harry S. Truman Building, domestic annexes, field offices and missions; Security Officers at respective U.S. Embassies, Consulates, and missions overseas. NOTIFICATION PROCEDURE: Individuals who have reason to believe that the Bureau of Diplomatic Security may have security/investigative records pertaining to themselves should write to the Director, Office of Information Programs and Services, A/ISS/IPS, SA-2, Department of State, Washington, DC 20522-6001. The individual must specify that he/she wishes the Security Records to be checked. At a minimum, the individual must include: Name; date and place of birth; current mailing address and zip code; signature; and a brief description of the circumstances which may have caused the creation of the record. RECORD ACCESS AND AMENDMENT PROCEDURES: Individuals who wish to gain access to or amend records pertaining to themselves should write to the Director, Office of Information Programs and Services (address above). RECORD SOURCE CATEGORIES: These records contain information obtained from the individual; persons having knowledge of the individual; persons having knowledge of incidents or other matters of investigative interest to the Department; other U.S. law enforcement agencies and court systems; pertinent records of other Federal, state, or local agencies or foreign governments; pertinent records of private firms or organizations; the intelligence community; and other public sources. The records also contain information obtained from interviews, review of records, and other authorized investigative techniques. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: Records originated by another agency when that agency has determined that the record is exempt under 5 U.S.C. 552a(j). Also, records contained within this system of records are exempted from 5 U.S.C. 552a (c)(3) and (4), (d), (e)(1), (2), (3), and (e)(4)(G), (H), and (I), and
(f)to the extent they meet the criteria of section (j)(2) of the Act. See 22 CFR 171.36. [FR Doc. E7-24956 Filed 12-21-07; 8:45 am] BILLING CODE 4710-24-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in North Carolina AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitations on claims for judicial review of actions by FHWA and other Federal agencies. SUMMARY: This notice announces actions taken by FHWA that are final agency actions within the meaning of 23 U.S.C. 139 (I)(1). These final agency actions relate to a proposed highway project, U.S. 64 Improvements—Asheboro, Randolph County, North Carolina from just east of SR 1424 (Stutts Road) to U.S. 64 east of U.S. 64/Presnell Street, where the Record of Decision
(ROD)identifies Alternative 29 as the selected alternative, as it is the Least Environmentally Damaging Practicable Alternative (LEDPA). The Abbreviated Final Environmental Impact Statement
(FEIS)was approved and published by FHWA in March, 2007 and a ROD was issued on December 6, 2007. FHWA selects Alternative 29 in the ROD based on public and resource agency input, including the North Carolina Department of Transportation. Selecting Alternative 29 is in the best overall public interest because it was identified as the LEDPA, it avoids controversial and serious neighborhood impacts of other alternative analyzed, has the fourth fewest number of stream crossings, affects the smallest area of wetlands, has the fourth lowest noise receiver impacts of the nine alternatives considered, is supported by local governments including the city of Asheboro, and is supported by many citizens. DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139 (I)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before June 23, 2008. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Clarence W. Coleman, P. E., Operations Engineer, Federal Highway Administration, 310 New Bern Avenue, Ste 410, Raleigh, North Carolina, 27601-1418; Telephone:
(919)747-7014; e-mail: *clarence.coleman@fhwa.dot.gov* . FHWA North Carolina Division Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). You may also contact Gregory J. Thorpe, Ph.D., Project Development and Environmental Analysis Branch Manager, North Carolina Department of Transportation (NCDOT), 1 South Wilmington Street (Delivery), 1548 Mail Service Center, Raleigh, North Carolina 27699-1548; Telephone
(919)733-3141, *gthorpe@dot.state.nc.us* . NCDOT—Project Development and Environmental Analysis Branch Office's normal business hours are 8 a.m. to 5 p.m. (Eastern Time). SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has taken final agency action subject to 23 U.S.C. 139 (l)(1) by issuing a decision for the following highway project in the State of North Carolina: U.S. 64 Improvements, Federal Aid No. NHF-64(19), Randolph County, North Carolina. This project identified a need to address capacity constraints and safety considerations on the current U.S. 64 in Asheboro, North Carolina. The proposed action will improve 14 miles of U.S. Highway 64 from just east of SR 1424 (Stutts Road) to 0.6 miles east of SR 2345 (Presnell Street). The selected alternative (Alternative 29) constructs a four-lane, median divided facility with full access control on new location as well as a two-lane parkway facility known as the Zoo Connector. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Abbreviated Final Environmental Impact Statement
(FEIS)for the project, approved on May 12, 2007, in the FHWA Record of Decision
(ROD)issued on December 6, 2007, and in other documents in the FHWA administrative record. The FEIS, ROD, and other documents in the FHWA administrative record file are available by contacting the FHWA or NCDOT at the addresses provided above. The FHWA FEIS and ROD can be viewed at the NCDOT—Project Development and Environmental Analysis Branch, 1 South Wilmington Street, Raleigh, North Carolina; NCDOT—Division 8 Construction Engineer Office, 902 N. Sandhills Blvd., Aberdeen, North Carolina; Randolph County Public Library, 201 Worth Street, Asheboro, North Carolina; Randolph County Planning & Zoning Department, 204 East Academy Street, Asheboro, North Carolina; Randolph County School System, 2222 South Fayetteville Street, Asheboro, North Carolina; City of Asheboro Planning Department, 146 North Church Street, Asheboro, North Carolina; City of Asheboro Engineering Department, 146 North Church Street, Asheboro, North Carolina and Asheboro/Randolph Chamber of Commerce, 317 Dixie Drive, Asheboro, North Carolina. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act
(NEPA)[42 U.S.C. 4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 *et seq.* ]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) *et seq.* ]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act
(FPPA)[7 U.S.C. 4201-4209]. 7. Wetlands and Water Resources: Land and Water Conservation Fund
(LWCF)[16 U.S.C. 4601-4604]; Safe Drinking Water Act
(SDWA)[42 U.S.C. 300(f)-300(j)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA-21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001-4128]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act
(RCRA)[42 U.S.C. 6901-6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139 (I)(1). Issued on: December 18, 2007. Clarence W. Coleman, Operations Engineer, Raleigh, North Carolina. [FR Doc. E7-24923 Filed 12-21-07; 8:45 am] BILLING CODE 4910-RY-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-0057] Agency Information Collection Activities; Revision of an Approved Information Collection: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request
(ICR)described below to the Office of Management and Budget
(OMB)for review and approval and invites public comment. The FMCSA requests approval to revise an ICR entitled, “Designation of Agents, Motor Carriers, Brokers and Freight Forwarders,” which is used to provide registered motor carriers, property brokers, and freight forwarders a means of meeting process agent requirements. DATES: We must receive your comments on or before February 25, 2008. ADDRESSES: You may submit comments identified by Federal Docket Management System
(FDMS)Number FMCSA-2007-0057. • *Web Site:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments on the Federal electronic docket site. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington, DC 20590-0001. • *Hand Delivery:* Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. • *Fax:* 1-202-493-2251. Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts all comments received without change to *http://www.regulations.gov,* including any personal information included in a comment. Please see the Privacy Act heading below: *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* at any time or Room W12-140 on the ground level, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. If you want acknowledgement that we received your comments, please include a self-addressed, stamped envelope or post card or print the acknowledgement page that appears after submitting on-line. *Privacy Act:* Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** on April 11, 2000 (65 FR 19477-78). This information is also available at *http://docketsinfo.dot.gov.* FOR FURTHER INFORMATION CONTACT: Ms. Loretta G. Bitner, Commercial Enforcement (MC-ECC), Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202-385-2400. SUPPLEMENTARY INFORMATION: *Background:* The Secretary of Transportation (Secretary) is authorized to register for-hire motor carriers of regulated commodities under the provisions of 49 U.S.C. 13902; freight forwarders under the provisions of 49 U.S.C. 13903; and property brokers under provisions of 49 U.S.C. 13904. These persons may conduct transportation services only if they are registered pursuant to 49 U.S.C. 13901. The Secretary has delegated authority pertaining to these registration requirements to the FMCSA. Registered motor carriers (including private carriers) and freight forwarders must designate:
(1)An agent on whom service of notices in proceedings before the Secretary may be made (49 U.S.C. 13303); and
(2)for every State in which they operate and traverse in the United States during such operations, agents on whom process issued by a court may be served in actions brought against the registered transportation entity (49 U.S.C. 13304). Every broker shall make a designation for each State in which its offices are located or in which contracts are written. Regulations governing the designation of process agents are found at 49 CFR part 366. This designation is filed with the FMCSA on Form BOC-3, “Designation of Agent for Service of Process.” *Title:* Designation of Agents, Motor Carriers, Brokers and Freight Forwarders. *OMB Control Number:* 2126-0015. *Type of Request:* Revision of a currently approved collection. *Respondents:* Motor carriers, freight forwarders and brokers. *Estimated Number of Respondents:* 89,000. *Estimated Time per Response:* 10 minutes. *Expiration Date:* April 30, 2008. *Frequency of Response:* Form BOC-3 must be filed by all for-hire motor carriers and freight forwarders when the transportation entity first registers with the FMCSA. All brokers shall file Form BOC-3 as necessary and make a designation for each State in which it has an office or in which contracts are written. Subsequent filings are made only if the motor carrier, broker or freight forwarder changes process agents. *Estimated Total Annual Burden:* 14,833 hours [89,000 Form BOC-3 filings per year × 10 minutes/60 minutes to complete form = 14,833 hours]. *Public Comments Invited:* We invite you to comment on any aspect of this information collection, including, but not limited to:
(1)Whether the collection of information is necessary for the proper performance of the functions of the FMCSA, including whether the information is practical and useful;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, usefulness, and clarity of the collected information; and
(4)ways to minimize the collection burden without reducing the quality of the information collected. The agency will summarize or include your comments in the request for OMB's clearance of this information collection. Issued on: December 12, 2007. Terry Shelton, Associate Administrator and Chief Information Officer, Office of Research and Information Technology. [FR Doc. 07-6145 Filed 12-21-07; 8:45 am]
Connectionstraces to 59
Traces to 59 documents
U.S. Code
39 references not yet in our index
  • 5 CFR 6.6
  • 3 CFR 1954
  • 17 CFR 202.11
  • 17 CFR 202.11(g)
  • 17 CFR 202.11(b)(9)
  • 17 CFR 202.11(b)(2)
  • 17 CFR 240.19
  • 5 USC 7531-33
  • 18 USC 1541-1546
  • 22 USC 842
  • 22 USC 2267
  • 22 USC 4831-4835
  • Pub. L. 99-399
  • Pub. L. 99-529
  • Pub. L. 100-124
  • Pub. L. 100-202
  • Pub. L. 100-461
  • Pub. L. 102-138
  • Pub. L. 107-56
  • Pub. L. 108-066
  • 117 Stat. 650
  • 22 USC 254
  • 22 USC 4301-4306
  • 22 CFR 171.36
  • 42 USC 4321-4351
  • 42 USC 7401-7671(q)
  • 16 USC 1531-1544
  • 16 USC 661-667(d)
  • 16 USC 703-712
  • 16 USC 469-469(c)
  • 25 USC 3001-3013
  • 42 USC 2000(d)
  • 7 USC 4201-4209
  • 16 USC 4601-4604
  • 16 USC 1271-1287
  • 42 USC 4001-4128
  • 42 USC 9601-9675
  • 42 USC 6901-6992(k)
  • 49 CFR 366
Citation graph
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Notices
Notice
U.S.C.§ 3301
U.S.C.§ 3501
C.F.R.§ 275.0-2
C.F.R.§ 279.4
U.S.C.§ 80b–1
U.S.C.§ 78s
U.S.C.§ 78f
U.S.C.§ 552
C.F.R.§ 200.30-3
Cite5 CFR 6.6
Cite3 CFR 1954
Cite17 CFR 202.11
Cites 98 · showing 12Cited by 0 across 0 sources
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