[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Notices]
[Page 27889-27891]
[DOCID:fr17my07-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55740; File No. SR-NASDAQ-2007-048]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Trade Claymore MACROshares Oil Up Tradeable Shares and
Claymore MACROshares Oil Down Tradeable Shares Pursuant to Unlisted
Trading Privileges

May 10, 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 May 3, 2007, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
This notice and order provides notice of the proposed rule change and
approves the proposal on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to trade, pursuant to unlisted trading privileged
(``UTP''), (1) Claymore MACROshares Oil Up Tradeable Shares (the ``Up-
MACRO Tradeable Shares'') and (2) Claymore MACROshares Oil Down
Tradeable Shares (the ``Down-MACRO Tradeable Shares'' and together with
the Up-MACRO Tradeable Shares, the ``MACRO Tradeable Shares'').
    The text of the proposed rule change is available from Nasdaq's Web
site at nasdaq.complinet.com, at Nasdaq's principal office, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq proposes to trade the MACRO Tradeable Shares pursuant to
UTP. The MACRO Tradeable Shares are issued by and represent an
undivided beneficial interest in (1) the Claymore MACROshares Oil Up
Tradeable Trust (the ``Up-MACRO Tradeable Trust'') and (2) the Claymore
MACROshares Oil Down Tradeable Trust (the ``Down-MACRO Tradeable
Trust''), respectively. The assets of these trusts (collectively, the
``MACRO Tradeable Trusts'') each consists exclusively of a majority of
the Claymore MACROshares Oil Up Holding Shares (``Up-MACRO Holding
Shares'') issued by the Claymore MACROshares Oil Up Holding Trust
(``Up-MACRO Holding Trust'') and the Claymore MACROshares Oil Down
Holding Shares (``Down-MACRO Holding Shares'') issued by the Claymore
MACROshares Oil Down Holding Trust (``Down-MACRO Holding Trust'').\3\
The Commission previously approved the listing and trading of the MACRO
Tradeable Shares on the American Stock Exchange (``Amex'').\4\ As
described in greater detail in the Amex Order, the value of the
MACROShares Tradeable Shares is dependent upon the settlement price of
the light sweet crude oil futures contract traded on the New York
Mercantile Exchange (``NYMEX'').
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    \3\ The Up-MACRO Holding Shares and Down-MACRO Holding Shares
(collectively, the ``MACRO Holding Shares'') will not be listed or
traded on Nasdaq.
    \4\ See Securities Exchange Act Release No. 54839 (November 29,
2006), 71 FR 70804 (December 6, 2006) (SR-Amex-2006-82) (the ``Amex
Order'').
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    Nasdaq deems the MACRO Tradeable Shares to be equity securities,
thus rendering trading in the MACRO Tradeable Shares subject to its
existing rules governing the trading of equity securities, including
Nasdaq Rule 4630, which governs trading of Commodity-Related
Securities. The MACRO Tradeable Shares will trade on Nasdaq from 9:30
a.m. until 4:15 p.m. Eastern Time (``ET'').
    Quotations for and last sale information regarding the MACRO
Tradeable Shares are disseminated through the Consolidated Quotation
System. During each trading day, Amex, acting as the calculation agent,
publishes to the Consolidated Quotation System, at least every 15
seconds during the entire time that the MACRO Tradeable Shares trade on
Amex (normally 9:30 a.m. to 4:15 p.m. ET each trading day), an
Indicative Intraday Value (``IIV'') representing the estimated
underlying value per share of both the Up-MACRO Tradeable Shares and
the Down-MACRO Tradeable Shares. Amex also publishes these values on
its Web site. To enable this calculation, Amex receives real-time price
data from the NYMEX for the light sweet crude oil futures contract that
trades on the NYMEX from two major market data vendors, from the
opening of trading of the light sweet crude oil futures contract on
NYMEX at 10 a.m. to the close of trading of the MACRO Tradeable Shares
on Amex at 4:15 p.m. ET. In addition, the closing price of the MACRO
Tradeable Shares on Nasdaq will be available through the Exchange's Web
site.
    Because the NYMEX market for the light sweet crude oil futures
contract is closed for portions of the period from 9:30 a.m. to 4:15
p.m. ET, the IIV calculated values are fixed during these closures.
From 9:30 a.m. to 4:15 p.m. ET, however, if trading in the NYMEX light
sweet crude oil futures contract is occurring on the CME Globex
electronic trading platform, those trades would be used to update IIV
values.
    The administrative agent for the MACRO Tradeable Shares, Claymore
Securities, maintains a Web site (http://www.ClaymoreMacroShares.com)

that is publicly accessible at no charge and contains the following
information posted on each NYMEX trading day: the daily price level
percentage change of the applicable reference price of crude oil; the
daily underlying value of the Up-MACRO Holding Trust and the per-share
underlying value of the Up-MACRO Holding Shares and the Up-MACRO
Tradeable Shares; and the daily underlying value of the Down-MACRO
Holding Trust and the per-share underlying value of the Down-MACRO
Holding Shares and the Down-MACRO Tradeable Shares.
    Pricing and other information for NYMEX light sweet crude oil
futures contracts is available through major market data vendors such
as Reuters and Bloomberg. Nasdaq has issued an Information Circular to
inform its members of the special characteristics and risks associated
with trading the MACRO Tradeable Shares.
    Nasdaq would halt trading in the MACRO Tradeable Shares under the
conditions specified in Nasdaq Rules 4120 and 4121. The conditions for
a halt include a regulatory halt by the listing market. UTP trading in
the MACRO Tradeable Shares also would be governed by provisions of
Nasdaq Rule 4120 relating to temporary interruptions

in the calculation or wide dissemination of the IIV or the value of the
applicable NYMEX light sweet crude oil futures contract. Additionally,
Nasdaq may cease trading the MACRO Tradeable Shares if other unusual
conditions or circumstances exist which, in the opinion of Nasdaq, make
further dealings on Nasdaq detrimental to the maintenance of a fair and
orderly market. Nasdaq also would follow any procedures with respect to
trading halts as set forth in Nasdaq Rule 4120(c). Finally, Nasdaq
would stop trading the MACRO Tradeable Shares if the listing market
delists them.
    Nasdaq believes that its surveillance procedures are adequate to
address any concerns about the trading of the MACRO Tradeable Shares on
Nasdaq. Trading of the MACRO Tradeable Shares is currently subject to
NASD's surveillance procedures for equity securities in general and
ETFs in particular.\5\
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    \5\ NASD surveils trading pursuant to a regulatory services
agreement. Nasdaq is responsible for NASD's performance under this
regulatory services agreement.
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    Nasdaq is able to obtain information regarding trading in the MACRO
Tradeable Shares and NYMEX oil futures contracts through its members in
connection with the proprietary or customer trades that such members
effect on any relevant market. In addition, Nasdaq is party to an
Information Sharing Agreement with NYMEX for the purpose of providing
information in connection with trading in or related to oil futures
contracts traded on that market.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \6\ in general and Section 6(b)(5) of the Act \7\ in
particular, in that in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to a free and open market
and a national market system, and, in general, to protect investors and
the public interest. In addition, Nasdaq believes that the proposal is
consistent with Rule 12f-5 under the Act \8\ because it deems the MACRO
Tradeable Shares to be an equity securities, thus rendering trading in
the Macro Tradeable Shares subject to Nasdaq's existing rules governing
the trading of equity securities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 17 CFR 240.12f-5.
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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 on the proposed rule change were neither solicited
nor received.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-048 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-2007-048. 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. 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-NASDAQ-2007-048 and should be submitted on or before
June 7, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\9\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\10\ which requires that an
exchange have rules designed, among other things, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
in general to protect investors and the public interest. The Commission
believes that this proposal should benefit investors by increasing
competition among markets that trade the MACRO Tradeable Shares.
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    \9\ In approving this rule change, the Commission notes that it
has considered the proposal's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
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    In addition, the Commission finds that the proposal is consistent
with Section 12(f) of the Act,\11\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\12\ The Commission notes that it previously approved the
listing and trading of the MACRO Tradeable Shares on Amex and the
trading of the MACRO Tradeable Shares on NYSE Arca pursuant to UTP.\13\
The Commission also finds that the proposal is consistent with Rule
12f-5 under the Act,\14\ which provides that an exchange shall not
extend UTP to a security unless the exchange has in effect a rule or
rules providing for transactions in the

class or type of security to which the exchange extends UTP. The
Exchange has represented that it meets this requirement because it
deems the MACRO Tradeable Shares to be equity securities, thus
rendering trading in the MACRO Tradeable Shares subject to the
Exchange's existing rules governing the trading of equity securities.
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    \11\ 15 U.S.C. 78l(f).
    \12\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \13\ See supra note 4. See also Securities Exchange Act Release
No. 55033 (December 29, 2006) 72 FR 1253 (January 11, 2007)
(approving UTP trading of MACRO Tradeable Shares on NYSE Arca).
    \14\ 17 CFR 240.12f-5.
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    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\15\ which sets forth
Congress' finding that it is in the public interest and appropriate for
the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotations for and last sale information regarding the
MACRO Tradeable Shares are disseminated through the facilities of the
CTA and the Consolidated Quotation System. Furthermore, the IIV,
updated to reflect changes in currency exchange rates, is calculated by
Amex and published via the facilities of the Consolidated Tape
Association on a 15-second delayed basis throughout the trading hours
for the MACRO Tradeable Shares. In addition, if the listing market
halts trading when the IIV is not being calculated or disseminated, the
Exchange would halt trading in the MACRO Tradeable Shares.
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    \15\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    The Commission notes that, if the MACRO Tradeable Shares should be
delisted by the listing exchange, the Exchange would no longer have
authority to trade the MACRO Tradeable Shares pursuant to this order.
    In support of this proposal, the Exchange has represented that its
surveillance procedures are adequate to properly monitor Exchange
trading of the MACRO Tradeable Shares. This approval order is
conditioned on the Exchange's adherence to this representation.
    In addition, the Commission recently approved the trading of the
MACRO Tradeable Shares on the Exchange pursuant to UTP for a pilot
period of three months.\16\ In the Pilot Order, the Commission noted
that exchanges that trade commodity-related securities generally have
in place surveillance arrangements with markets that trade the
underlying securities. In its proposal to trade the MACRO Tradeable
Shares for a pilot period, the Exchange represented that it was in the
process of completing these surveillance arrangements and expected to
do so ``in the near future.'' The Exchange recently provided the
Commission with evidence that it has completed these surveillance
arrangements.
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    \16\ See Securities Exchange Act Release No. 55386 (March 2,
2007), 72 FR 10801 (March 9, 2007) (SR-NASDAQ-2007-016) (the ``Pilot
Order'').
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    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. As noted previously, the Commission previously found
that the listing and trading of the MACRO Tradeable Shares on Amex and
the trading of the MACRO Tradeable Shares on NYSE Arca pursuant to UTP
are consistent with the Act. The Commission presently is not aware of
any regulatory issue that should cause it to revisit those findings or
would preclude the continued trading of the MACRO Tradeable Shares on
the Exchange pursuant to UTP. Therefore, accelerating approval of this
proposal should benefit investors by continuing the additional
competition in the market for the MACRO Tradeable Shares.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\17\ that the proposed rule change (SR-NASDAQ-2007-048), be and it
hereby is, approved on an accelerated basis.
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    \17\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-9467 Filed 5-16-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]
[Page 20570]
[DOCID:fr25ap07-119]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold the following meeting during the week
of April 23, 2007:
    A Closed Meeting will be held on Thursday, April 26, 2007 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Atkins, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
April 26, 2007 will be:

    Formal orders of investigations;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature;
    Litigation matters; and
    Other matters related to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: April 19, 2007.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-7835 Filed 4-24-07; 8:45 am]

BILLING CODE 8010-01-P


46 Table 7d. Summary of Federal Burden for the Ethylene Production Source Category Labor hours Dollars Year after promulgation Existing New Total Existing New Total sources sources sources sources Year 1 915 0 915 $ 30,646 $ 0 $ 30,646 Year 2 1026 0 1026 $ 34,342 0 $ 34,342 Year 3 1334 0 1334 $ 44,660 0 $ 44,660 Annual average 1092 0 1092 $ 36,549 $ 0 $ 36,549 46


[Federal Register: February 17, 2006 (Volume 71, Number 33)]
[Notices]
[Page 8576-8577]
[DOCID:fr17fe06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM05-32-000]

Repeal of the Public Utility Holding Company Act of 1935 and
Enactment of the Public Utility Holding Company Act of 2005; Notice of
Additional Guidelines for Filings Under the Public Utility Holding
Company Act of 2005

February 9, 2006.
    On January 13, 2006, the Commission issued notice of new docket
prefixes ``HC'' and ``PF'' for certain filings under the Public Utility
Holding Company Act of 2005. The notice included filing guidelines for
most holding company filings, but did not include guidelines for filing
the Securities and Exchange Commission (SEC)-Related Financing
Authorization Orders or Letters/Reports/Other Submissions (18 CFR
366.6(b)). Notice is hereby given that the filing guidelines have been
revised to include guidelines for filing the SEC-related
authorizations.
    The revised guidelines apply to:

1. FERC-65: Notification of Holding Company Status (18 CFR 366.4(a))
2. FERC-65A: Exemption Notification (18 CFR 366.4(b)(1))
3. FERC-65B: Waiver Notification (18 CFR 366.4(c)(1))
4. SEC-Related Financing Authorization Orders or Letters/Reports/Other
Submissions (18 CFR 366.6(b))

    The SEC-related financing authorization orders or letters/reports/

other submissions should be submitted using the Commission's eFiling
system under Docket Number HC06-2-000. Do not use Docket Number HC06-1-
000; that docket is reserved for Notifications of Holding Company
Status.
    The guidelines are attached to this notice and are also available
on the Commission's Web site at http://www.ferc.gov/help/how-to.asp.

Magalie R. Salas,
Secretary.

Filing Guidelines for Holding Company Filings Under the Public Utility
Holding Company Act of 2005 and 18 CFR Part 366

    This document contains the guidelines for the following filings
pursuant to the Public Utility Holding Company Act of 2005 and
Commission Order No. 667, issued December 8, 2005:

(1) FERC-65, Notification of Holding Company Status (18 CFR 366.4(a))
(2) FERC-65A, Exemption Notification (18 CFR 366.4(b))
(3) FERC-65B, Waiver Notification (18 CFR 366.4(c)), and
(4) SEC Financing Authorization Orders or Letters/Reports/Other
Submissions (18 CFR 366.6(b))

    FERC-65, FERC-65A, and FERC-65-B refer to FERC reporting
designations and do not represent actual forms.

FERC-65, Notification of Holding Company Status (18 CFR 366.4(a))

    Companies that are holding companies as of February, 8, 2006, shall
notify the Commission of their status as a holding company no later
than March 10, 2006. Holding companies formed after February 8, 2006,
shall notify the Commission of their status no later than 30 days after
their formation.
    These notification filings should be submitted using the
Commission's eFiling system. Do not include waiver or exemption
notifications with these filings. The document you submit should
include HC06-1-000 in the caption or heading of the document for any
notification filed on or before September 30, 2006. During the eFiling
submission process:
    1. Select the filing type ``Production of Document.''
    2. On the Select Docket screen, enter HC06-1 in the docket number
search block and select HC06-1-000 from the results.
    3. Before you browse, select, and attach the file, make sure that
the file name is less than 25 characters and contains no spaces or
special characters.
    4. On the Submission Description screen, edit the description by
replacing ``Production of Document'' with ``Notification of Holding
Company Status.''
    If you are unable to file electronically, you must submit an
original and 14 paper copies of the filing to the address in the
following section on FERC-65A and FERC-65B. It is not necessary to
include a form of notice for the Federal Register.

FERC-65A (Exemption Notification) (18 CFR 366.4(b)); FERC-65B (Waiver
Notification) (18 CFR 366.4(c))

    These filings must be submitted on paper at this time. The document
you submit should include PH06------000 in the caption or heading of
the document, for filings made on or before September 30, 2006.
    Submit an original and 14 copies of all ``PH'' filings, with a form
of notice of the ``PH'' filing suitable for publication in the Federal
Register on a 3\1/2\'' diskette, to Magalie R. Salas, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    Forms of notice for ``PH'' exemption and waiver requests are
available on the Commission's Web site at http://www.ferc.gov/docs-filing/not-form.asp
.

    Please be advised that the United States Postal Service scans all
documents addressed to the Commission with a heat-treatment process
that may corrupt diskettes and render filings unusable. You are
recommended to use express mail or courier delivery services.

SEC-Related Financing Authorization Orders or Letters/Reports/Other
Submissions (18 CFR 366.6(b))

    Holding companies that intend to rely on financing authorization
orders or letters issued by the Securities and Exchange Commission
(SEC), or that submitted reports or other submissions previously with
the SEC and that now must file with the Commission, must file these
orders, letters, reports or other submissions with the Commission by
March 10, 2006.
    These filings should be submitted using the Commission's eFiling
system, provided that the entire content of the filing is in the public
domain. Do not include filings under any other section with the
authorization orders. The document you submit should include HC06-2-000
(Note--do not use HC06-1-000 for such submittals) in the caption or
heading of the document, for filings made on or before September 30,
2006. During the eFiling submission process:
    1. Select the filing type ``Production of Document.''
    2. On the Select Docket screen, enter HC06-2 in the docket number
search block and select HC06-2-000 from the results.
    3. Before you browse, select, and attach the file, make sure that
the file name is less than 25 characters and contains no spaces or
special characters.
    4. On the Submission Description screen, edit the description by
replacing ``Production of Document'' with ``SEC Financing Authorization
Order/Letter''.
    If you are unable to file electronically, you must submit an
original and 14 paper copies of the filing to the address in the above
section on FERC-65A and FERC-65B. It is not necessary to include a form
of notice for the Federal Register.

 [FR Doc. E6-2244 Filed 2-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Notices]
[Page 76442-76443]
[DOCID:fr16de08-107]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking approval of the following
information collection activities. Before submitting these information
collection requirements for clearance by the Office of Management and
Budget (OMB), FRA is soliciting public comment on specific aspects of
the activities identified below.

DATES: Comments must be received no later than February 17, 2009.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC
20590, or Ms. Nakia Jackson, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop
35, Washington, DC 20590. Commenters requesting FRA to acknowledge
receipt of their respective comments must include a self-addressed
stamped postcard stating, ``Comments on OMB control number 2130-New.''
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or<PHONE_NUMBER>, or via e-mail to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Jackson at<EMAIL_ADDRESS>
Please refer to the assigned OMB control number and the title of the
information collection in any correspondence submitted. FRA will
summarize comments received in response to this notice in a subsequent
notice and include them in its information collection submission to OMB
for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Nakia Jackson, Office of Information Technology,
RAD-20, Federal Railroad Administration, 1200 New Jersey Ave., SE.,
Mail Stop 35, Washington, DC 20590 (telephone:<PHONE_NUMBER>). (These
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law No. 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as
revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5
CFR Part 1320, require Federal agencies to provide 60-days notice to
the public for comment on information collection activities before
seeking approval of such activities by OMB. 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites
interested respondents to comment on the following summary of proposed
information collection activities regarding (i) Whether the information
collection activities are necessary for FRA to properly execute its
functions, including whether the activities will have practical
utility; (ii) the accuracy of FRA's estimates of the burden of the
information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(I)-(iv); 5 CFR
1320.8(d)(1)(I)-(iv). FRA believes that soliciting public comment will
promote its efforts to reduce the administrative and paperwork burdens
associated with the collection of information mandated by Federal
regulations. In summary, FRA reasons that comments received will
advance three objectives: (i) Reduce reporting burdens; (ii) ensure
that it organizes information collection requirements in a ``user
friendly'' format to improve the use of such information; and (iii)
accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    Below is a brief summary of the proposed information collection
activities that FRA will submit for clearance by OMB as required under
the PRA:
    Title: Notice Requesting Expressions of Interest in Implementing a
High-Speed Inter-city Passenger Rail Corridor. (Please see the other
FRA Notice in today's Federal Register that provides details of this
proposed information collection.)
    OMB Control Number: 2130-New.
    Abstract: Section 502 of the Passenger Rail Investment and
Improvement Act of 2008, Public Law 110-432 (October 16, 2008),
requires the Secretary of Transportation to ``issue a request for
proposals for projects for the financing, design, construction,
operation, and maintenance of a high-speed intercity passenger rail
system operating within'' either the Northeast Corridor or a Federally-
designated high-speed rail (HSR) corridor. To satisfy this requirement,
FRA is soliciting and encouraging the submission of Expressions of
Interest for potential projects to finance, design, construct, operate,
and maintain an improved HSR intercity passenger system in the
Northeast Corridor or in one of ten Federally-designated corridors. FRA
envisions this as the first phase of a qualification process that
Congress may follow with more specific actions regarding particular
concepts in one or more corridors. Section 502 prescribes that
Expressions of Interest received will be considered by FRA and possibly
by commissions, representing affected and involved governors, mayors,
freight railroads, transit authorities, labor organizations, and
Amtrak. The results of these reviews will be summarized in one or more
reports to Congress, which will make recommendations for further action
regarding no more than one project concept for each corridor. FRA
envisions this as the first phase of a qualification process that
Congress may follow with more specific actions

regarding particular concepts in one or more corridors.
    Although authorized, no funds have been appropriated to support
implementation of HSR under this program, and the availability of such
funds in the future is not known. Respondents to the request in today's
Federal Register acknowledge, by virtue of their response, that the
likelihood of future funding and implementation of the projects covered
by that notice is unknown, and that the Federal Government will not be
liable for any costs incurred in the preparation of responses to this
notice.
    The information collected will be used by the Federal Railroad
Administration (FRA), commissions to be formed in accordance with
Section 502, and Congress. The collection of information--responses
that describe high speed rail proposals--will be used to inform the
Department and Congress about the benefits to the public and the
national transportation system from high speed rail proposals received.
Upon receipt of responses and after the close of the Expression of
Interest solicitation, FRA will evaluate them and determine if each
Expression of Interest is complete and if there is evidence provided in
the response that would support conclusions, based on criteria
specified in Section 502. If FRA determines that one or more
Expressions of Interest satisfy this screening evaluation, FRA would
form a commission for each relevant corridor to review and consider the
response(s).
    Form Number(s): N/A.
    Affected Public: Businesses, States, Individuals, Entities.
    Respondent Universe: 50 Individuals or Entities.
    Frequency of Submission: On occasion; annually.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           RFEI notice             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
--Responses to Notice............  50 Individuals or    10 responses.......  3,400 hours........          34,000
                                    Entities.
--Identifying Letters to FRA       50 Individuals or    25 letters.........  30 minutes.........              13
 regarding RFEI questions.          Entities.
--RFEI Informational Sessions      50 Individuals or    25 sessions........  2 hours............              50
 with FRA.                          Entities.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 60.
    Estimated Total Annual Burden: 34,063 hours.
    Status: Regular Review.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on December 11, 2008.
Kimberly Orben,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E8-29788 Filed 12-15-08; 8:45 am]

BILLING CODE 4910-06-P