Sunshine Act Meeting, 10570-10571 [07-1105]
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10570
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
Prohibitions
A licensee shall not base a final
determination to deny an individual access
to SGI solely on the basis of information
received from the FBI involving: an arrest
more than one (1) year old for which there
is no information of the disposition of the
case, or an arrest that resulted in dismissal
of the charge or an acquittal.
A licensee shall not use information
received from a criminal history check
obtained pursuant to this Order in a manner
that would infringe upon the rights of any
individual under the First Amendment to the
Constitution of the United States, nor shall
the licensee use the information in any way
which would discriminate among
individuals on the basis of race, religion,
national origin, sex, or age.
Procedures for Processing Fingerprint
Checks
For the purpose of complying with this
Order, licensees shall, using an appropriate
method listed in 10 CFR 73.4, submit to the
NRC’s Division of Facilities and Security,
Mail Stop T–6E46, one completed, legible
standard fingerprint card (Form FD–258,
ORIMDNRCOOOZ) or, where practicable,
other fingerprint records for each individual
seeking access to SGI, to the Director of the
Division of Facilities and Security, marked
for the attention of the Division’s Criminal
History Check Section. Copies of these forms
may be obtained by writing to the Office of
Information Services, U.S. Nuclear
Regulatory Commission, Washington, DC
20555–0001, by calling (301) 415–5877, or by
e-mail to forms@nrc.gov. Practicable
alternative formats are set forth in 10 CFR
73.4. The licensee shall establish procedures
to ensure that the quality of the fingerprints
taken results in minimizing the rejection rate
of fingerprint cards due to illegible or
incomplete cards.
The NRC will review submitted fingerprint
cards for completeness. Any Form FD–258
fingerprint record containing omissions or
evident errors will be returned to the licensee
for corrections. The fee for processing
fingerprint checks includes one resubmission if the initial submission is
returned by the FBI because the fingerprint
impressions cannot be classified. The one
free re-submission must have the FBI
Transaction Control Number reflected on the
re-submission. If additional submissions are
necessary, they will be treated as initial
submittals and will require a second payment
of the processing fee.
Fees for processing fingerprint checks are
due upon application. Licensees shall submit
payment with the application for processing
fingerprints by corporate check, certified
check, cashier’s check, money order, or
electronic payment, made payable to ‘‘U.S.
NRC.’’ [For guidance on making electronic
payments, contact the Facilities Security
Branch, Division of Facilities and Security, at
(301) 415–7404]. Combined payment for
multiple applications is acceptable. The
application fee (currently $27) is the sum of
the user fee charged by the FBI for each
fingerprint card or other fingerprint records
submitted by the NRC on behalf of a licensee,
and an NRC processing fee, which covers
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18:53 Mar 07, 2007
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administrative costs associated with the NRC
handling of licensee fingerprint submissions.
The Commission will directly notify
licensees who are subject to this regulation
of any fee changes.
The Commission will forward, to the
submitting licensee, all data received from
the FBI as a result of the licensee’s
application(s) for criminal history records
checks, including the FBI fingerprint record.
Right To Correct and Complete Information
Prior to any final adverse determination,
the licensee shall make available, to the
individual the contents of any criminal
records obtained from the FBI for the purpose
of assuring correct and complete information.
Written confirmation by the individual of
receipt of this notification must be
maintained by the licensee for a period of
one (1) year from the date of the notification.
If, after reviewing the record, an individual
believes that it is incorrect or incomplete in
any respect and wishes to change, correct, or
update the alleged deficiency, or to explain
any matter in the record, the individual may
initiate challenge procedures. These
procedures include either direct application
by the individual challenging the record to
the agency (i.e., law enforcement agency) that
contributed the questioned information, or
direct challenge as to the accuracy or
completeness of any entry on the criminal
history record to the Assistant Director,
Federal Bureau of Investigation,
Identification Division, Washington, DC
20537–9700 (as set forth in 28 CFR 16.30
through 16.34). In the latter case, the FBI
forwards the challenge to the agency that
submitted the data and requests that agency
to verify or correct the challenged entry.
Upon receipt of an official communication
directly from the agency that contributed the
original information, the FBI Identification
Division makes any changes necessary in
accordance with the information supplied by
that agency. The licensee must provide at
least ten (10) days for an individual to
initiate an action challenging the results of an
FBI criminal history records check after the
record is made available for his/her review.
The licensee may make a final SGI access
determination based upon the criminal
history record only upon receipt of the FBI’s
ultimate confirmation or correction of the
record. Upon a final adverse determination
on access to SGI, the licensee shall provide
the individual its documented basis for
denial. Access to SGI shall not be granted to
an individual during the review process.
Protection of Information
1. Each licensee who obtains a criminal
history record on an individual pursuant to
this Order shall establish and maintain a
system of files and procedures for protecting
the record and the personal information from
unauthorized disclosure.
2. The licensee may not disclose the record
or personal information collected and
maintained to persons other than the subject
individual, his/her representative, or to those
who have a need to access the information
in performing assigned duties in the process
of determining access to Safeguards
Information. No individual authorized to
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have access to the information may redisseminate the information to any other
individual who does not have a need-toknow.
3. The personal information obtained on an
individual from a criminal history record
check may be transferred to another licensee
if the licensee holding the criminal history
record check receives the individual’s
written request to re-disseminate the
information contained in his/her file, and the
gaining licensee verifies information such as
the individual’s name, date of birth, social
security number, sex, and other applicable
physical characteristics for identification
purposes.
4. The licensee shall make criminal history
records, obtained under this section,
available for examination by an authorized
representative of the NRC to determine
compliance with the regulations and laws.
5. The licensee shall retain all fingerprint
and criminal history records received from
the FBI, or a copy if the individual’s file has
been transferred, for three (3) years after
termination of employment or determination
of access to SGI (whether access was
approved or denied). After the required three
(3) year period, these documents shall be
destroyed by a method that will prevent
reconstruction of the information in whole or
in part.
[FR Doc. E7–4159 Filed 3–7–07; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Pub. L. 94–409, that the
Securities and Exchange Commission
will hold the following meeting during
the week of March 12, 2007:
A Closed Meeting will be held on
Monday, March 12, 2007 at 2 p.m.
Commissioners, Counsels 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 Campos, as duty
officer, voted to consider the items
listed for the closed meeting in a closed
session.
The subject matter of the Closed
Meeting scheduled for Monday, March
12, 2007 will be:
Formal orders of investigation;
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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings of an
enforcement nature;
An adjudicatory matter; and
Other matters relating 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 (202)
551–5400.
Dated: March 5, 2007,
Nancy M. Morris,
Secretary.
[FR Doc. 07–1105 Filed 3–6–07; 11:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–55377; File No. SR–CBOE–
2007–17]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Amend CBOE Rules
Relating to CBOE’s Determination to
Trade Options on the S&P 100 (XEO)
on the Hybrid 2.0 Platform
March 1, 2007.
sroberts on PROD1PC70 with NOTICES
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 February
22, 2007, the Chicago Board Options
Exchange, Incorporated (‘‘Exchange’’ or
‘‘CBOE’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I and II below, which Items
have been prepared by the Exchange.
The Exchange filed the proposal as a
‘‘non-controversial’’ proposed rule
change pursuant to Section
19(b)(3)(A)(iii) of the Act 3 and Rule
19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CBOE proposes to amend its rules
relating to CBOE’s determination to
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
18:53 Mar 07, 2007
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 purpose of this rule change is to
amend CBOE Rule 8.3 and Rule 8.4 in
connection with CBOE’s determination
to trade options on the S&P 100 (XEO)
on the Hybrid 2.0 Platform.5 Presently,
XEO and options on the S&P 100 (OEX)
collectively have an appointment cost of
1.0. CBOE intends to ‘‘decouple’’ XEO
from OEX for purposes of assigning an
appointment cost when XEO trades on
the Hybrid 2.0 Platform. On Hybrid 2.0,
XEO’s appointment cost will be .25 and
XEO will be classified in Tier A+. In
connection with this change, CBOE also
proposes to amend OEX’s appointment
cost and assign it a cost of .75. OEX will
continue to be classified as a NonHybrid option class. CBOE intends to
trade XEO on the Hybrid 2.0 Platform
beginning on March 1, 2007.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations under the
Act applicable to a national securities
exchange and, in particular, the
requirements of Section 6(b) of the Act.6
Specifically, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) of the Act,7 which
requires that the rules of an exchange be
designed to promote just and equitable
principles of trade, to prevent
fraudulent and manipulative acts and,
5 CBOE Rule 1.1(aaa) defines Hybrid Trading
System and Hybrid 2.0 Platform.
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
2 17
VerDate Aug<31>2005
trade options on the S&P 100 (XEO) on
the Hybrid 2.0 Platform. The text of the
proposed rule change is available on
CBOE’s Web site (www.cboe.org/Legal),
at the CBOE’s Office of the Secretary,
and at the Commission.
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10571
in general, to protect investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change will impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(iii) of the Act 8 and
subparagraph (f)(6) of Rule 19b–4 9
thereunder because it does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; (iii) become operative for
30 days from the date on which it was
filed, or such shorter time as the
Commission may designate; and the
Exchange has given the Commission
written notice of its intention to file the
proposed rule change at least five
business days prior to filing. At any
time within 60 days of the filing of such
proposed rule change, the Commission
may summarily abrogate such rule
change if it appears to the Commission
that such action is necessary or
appropriate in the public interest, for
the protection of investors, or otherwise
in furtherance of the purposes of the
Act.
Under Rule 19b–4(f)(6) of the Act,10
the proposal does not become operative
for 30 days after the date of its filing, or
such shorter time as the Commission
may designate if consistent with the
protection of investors and the public
interest. The Exchange has requested
that the Commission waive the 30-day
operative date, so that XEO options may
begin trading on the Hybrid 2.0 platform
on March 1, 2007. The Commission
believes that the proposed rule change
does not raise any new regulatory issues
and, consistent with the protection of
investors and the public interest, has
determined to waive the 30-day
operative date, so that XEO options may
8 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
10 Id.
9 17
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]]>Agencies
[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Notices]
[Pages 10570-10571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1105]
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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, Pub. L. 94-409, that the Securities and
Exchange Commission will hold the following meeting during the week of
March 12, 2007:
A Closed Meeting will be held on Monday, March 12, 2007 at 2 p.m.
Commissioners, Counsels 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 Campos, as duty officer, voted to consider the items
listed for the closed meeting in a closed session.
The subject matter of the Closed Meeting scheduled for Monday,
March 12, 2007 will be:
Formal orders of investigation;
[[Page 10571]]
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings of an
enforcement nature;
An adjudicatory matter; and
Other matters relating 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 (202) 551-5400.
Dated: March 5, 2007,
Nancy M. Morris,
Secretary.
[FR Doc. 07-1105 Filed 3-6-07; 11:45 am]
BILLING CODE 8010-01-P
