Sentencing Guidelines for United States Courts, 54960-54961 [E7-19117]

Download as PDF 54960 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices 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 The proposed rule change has become effective pursuant to section 19(b)(3)(A) of the Act 6 and Rule 19b–4(f)(3) thereunder 7 because it is concerned solely with the operation and administration of the MSRB. 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.8 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 rulecomments@sec.gov. Please include File Number SR–MSRB–2007–02 on the subject line. rwilkins on PROD1PC63 with NOTICES 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–MSRB–2007–02. 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 6 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(3). 8 See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-day abrogation period, the Commission considers the period to commence on September 17, 2007, the date that the MSRB filed Amendment No. 1. 7 17 VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 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 MSRB. 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–MSRB–2007–02 and should be submitted on or before October 18, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–19023 Filed 9–26–07; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56483; File No. SR–Phlx– 2007–27] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Order Approving Proposed Rule Change to Standardize Certain Options Rules for Equity, Index, and ETF Options On March 21, 2007, the Philadelphia Stock Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder, 2 a proposed rule change to amend Phlx Rule 1014(c)(i)(A) relating to quote spread parameters (bid/ask differentials) and Phlx Rule 1014(g)(i)(B) relating to the purchase or sale priority for orders of 100 contracts or more, such that the rules would apply equally to options on equities, options on exchange-traded fund (‘‘ETF’’) shares, 917 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 Frm 00072 Fmt 4703 For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 7 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–19022 Filed 9–26–07; 8:45 am] BILLING CODE 8010–01–P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of extension of the deadline for public comment regarding retroactivity. AGENCY: September 20, 2007. PO 00000 and index options. On July 25, 2007, the Exchange filed Amendment No. 1 to the proposed rule change. The proposed rule change, as amended, was published for comment in the Federal Register on August 21, 2007. 3 The Commission received no comment letters on the proposal. The Commission finds that the proposed rule change is consistent with section 6(b) of the Act, 4 in general, and with section 6(b)(5) of the Act, 5 in particular, because it serves to ease and clarify the application of the Exchange’s rules relating to quote spread parameters and priority in purchase or sale for orders of 100 contracts or more. The Commission believes that it is reasonable to make no distinction among options on equities, ETFs, and indexes, with respect to the aforementioned rules, and that by applying them in the same manner to all such option types, the proposed rule change should help obviate confusion among customers and Exchange members. It is therefore ordered, pursuant to section 19(b)(2) of the Act, 6 that the proposed rule change (SR–Phlx–2007– 27), as amended, be, and hereby is, approved. Sfmt 4703 SUMMARY: The United States Sentencing Commission submitted a series of amendments to the federal sentencing guidelines to Congress on May 1, 2007. Notice of such amendments was published in the Federal Register on May 21, 2007 (72 FR 28558). On July 31, 2007, the Commission published a notice (72 FR 41794) requesting 3 See Securities Exchange Act Release No. 56249 (August 14, 2007), 72 FR 46697. 4 15 U.S.C. 78f(b). 5 15 U.S.C. 78f(b)(5). 6 15 U.S.C. 78f(b)(5). 7 17 CFR 200.30–3(a)(12). E:\FR\FM\27SEN1.SGM 27SEN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices comment regarding whether either Amendment 9, which pertains to offenses involving cocaine base (‘‘crack’’), or Amendment 12, which pertains to certain criminal history rules, should be included in subsection (c) of § 1B1.10 [Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)] as amendments that may be applied retroactively to previously sentenced defendants. The Commission further requested comment regarding whether, if it amends § 1B1.10(c) to include either amendment, it also should amend § 1B1.10 to provide guidance to the courts on the procedure to be used when applying an amendment retroactively under 18 U.S.C. 3582(c)(2). The Commission is issuing this notice to advise the public that the period for public comment regarding retroactivity has been extended to November 1, 2007. The deadline was initially October 1, 2007. The Commission plans to publish on its Web site, http://www.ussc.gov, data related to possible retroactivity that may assist interested parties in preparing their comment. This comment period is extended to ensure sufficient time for interested parties to consider any such data and to submit comment for Commission review and consideration. DATES: Comment should be received not later than November 1, 2007. ADDRESSES: Send comments to: United States Sentencing Commission, One Columbus Circle, NE., Suite 2–500, South Lobby, Washington, DC 20002– 8002, Attention: Public AffairsRetroactivity. FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs Officer, Telephone: (202) 502–4590. SUPPLEMENTARY INFORMATION: Section 3582(c)(2) of title 18, United States Code, provides that ‘‘in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.’’ The Commission lists in § 1B1.10(c) the specific guideline amendments that the court may apply retroactively under 18 U.S.C. 3582(c)(2). The background commentary to § 1B1.10 lists the purpose of the VerDate Aug<31>2005 16:40 Sep 26, 2007 Jkt 211001 amendment, the magnitude of the change in the guideline range made by the amendment, and the difficulty of applying the amendment retroactively to determine an amended guideline range under § 1B1.10(b) as among the factors the Commission considers in selecting the amendments included in § 1B1.10(c). To the extent practicable, public comment should address each of these factors. The text of the amendments referenced in this notice also may be accessed through the Commission’s Web site at http:// www.ussc.gov. In addition, data relating to possible retroactivity will be posted on the Commission’s Web site. The Commission issued a notice for public comment regarding retroactivity of Amendments 9 and 12 on July 31, 2007 (72 FR 41794). Comment was initially due to the Commission on October 1, 2007. The Commission hereby invites additional comment from any person or group who has interest in the issues surrounding the retroactivity of either the cocaine base or criminal history guideline amendment. Comment must be received by the Commission not later than November 1, 2007. Authority: 28 U.S.C. 994(a), (o), (u); USSC Rules of Practice and Procedure 4.1, 4.3. Ricardo H. Hinojosa, Chair. [FR Doc. E7–19117 Filed 9–26–07; 8:45 am] BILLING CODE 2211–01–P DEPARTMENT OF STATE [Public Notice: 5947] Title: 30-Day Notice of Proposed Information Collection: Voluntary Disclosures; OMB Control Number 1405–XXXX Notice of request for public comment and submission to OMB of proposed collection of information. ACTION: SUMMARY: The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. • Title of Information Collection: Voluntary Disclosures. • OMB Control Number: 1405–XXXX. • Type of Request: Existing Collection in Use Without an OMB Control Number. • Originating Office: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls, PM/DDTC. • Form Number: No Form. • Respondents: Business organizations. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 54961 • Estimated Number of Respondents: 400. • Estimated Number of Responses: 400. • Average Hours per Response: 10 hours. • Total Estimated Burden: 4,000 hours. • Frequency: On Occasion. • Obligation to Respond: Voluntary. DATES: Submit comments to the Office of Management and Budget (OMB) for up to 30 days from September 27, 2007. ADDRESSES: Direct comments and questions to Katherine Astrich, the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget, who may be reached at 202– 395–4718. You may submit comments by any of the following methods: • E-mail: Katherine_T._Astrich@omb.eop.gov. You must include the information collection title and OMB control number in the subject line of your message. • Mail (paper, disk, or CD–ROM submissions) Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503. • Fax: 202–395–6974. FOR FURTHER INFORMATION CONTACT: You may obtain copies of the proposed information collection and supporting documents from Patricia C. Slygh, PM/ DDTC, SA–1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State, Washington, DC 20522–0112, who may be reached on (202) 663–2700 and E-mail: Slyghpc@state.gov. We are soliciting public comments to permit the Department to: • Evaluate whether the proposed collection of information is necessary to properly perform our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. Abstract of proposed collection: Section 127.12 of the International Traffic in Arms Regulations (ITAR) encourages the disclosure of information to the Directorate of Defense Trade Controls when there has been a violation of the Arms Export SUPPLEMENTARY INFORMATION: E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54960-54961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19117]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of extension of the deadline for public comment 
regarding retroactivity.

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SUMMARY: The United States Sentencing Commission submitted a series of 
amendments to the federal sentencing guidelines to Congress on May 1, 
2007. Notice of such amendments was published in the Federal Register 
on May 21, 2007 (72 FR 28558). On July 31, 2007, the Commission 
published a notice (72 FR 41794) requesting

[[Page 54961]]

comment regarding whether either Amendment 9, which pertains to 
offenses involving cocaine base (``crack''), or Amendment 12, which 
pertains to certain criminal history rules, should be included in 
subsection (c) of Sec.  1B1.10 [Reduction in Term of Imprisonment as a 
Result of Amended Guideline Range (Policy Statement)] as amendments 
that may be applied retroactively to previously sentenced defendants. 
The Commission further requested comment regarding whether, if it 
amends Sec.  1B1.10(c) to include either amendment, it also should 
amend Sec.  1B1.10 to provide guidance to the courts on the procedure 
to be used when applying an amendment retroactively under 18 U.S.C. 
3582(c)(2).
    The Commission is issuing this notice to advise the public that the 
period for public comment regarding retroactivity has been extended to 
November 1, 2007. The deadline was initially October 1, 2007.
    The Commission plans to publish on its Web site, http://
www.ussc.gov, data related to possible retroactivity that may assist 
interested parties in preparing their comment. This comment period is 
extended to ensure sufficient time for interested parties to consider 
any such data and to submit comment for Commission review and 
consideration.

DATES: Comment should be received not later than November 1, 2007.

ADDRESSES: Send comments to: United States Sentencing Commission, One 
Columbus Circle, NE., Suite 2-500, South Lobby, Washington, DC 20002-
8002, Attention: Public Affairs-Retroactivity.

FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs 
Officer, Telephone: (202) 502-4590.

SUPPLEMENTARY INFORMATION: Section 3582(c)(2) of title 18, United 
States Code, provides that ``in the case of a defendant who has been 
sentenced to a term of imprisonment based on a sentencing range that 
has subsequently been lowered by the Sentencing Commission pursuant to 
28 U.S.C. 994(o), upon motion of the defendant or the Director of the 
Bureau of Prisons, or on its own motion, the court may reduce the term 
of imprisonment, after considering the factors set forth in section 
3553(a) to the extent that they are applicable, if such a reduction is 
consistent with applicable policy statements issued by the Sentencing 
Commission.'' The Commission lists in Sec.  1B1.10(c) the specific 
guideline amendments that the court may apply retroactively under 18 
U.S.C. 3582(c)(2). The background commentary to Sec.  1B1.10 lists the 
purpose of the amendment, the magnitude of the change in the guideline 
range made by the amendment, and the difficulty of applying the 
amendment retroactively to determine an amended guideline range under 
Sec.  1B1.10(b) as among the factors the Commission considers in 
selecting the amendments included in Sec.  1B1.10(c). To the extent 
practicable, public comment should address each of these factors. The 
text of the amendments referenced in this notice also may be accessed 
through the Commission's Web site at http://www.ussc.gov. In addition, 
data relating to possible retroactivity will be posted on the 
Commission's Web site.
    The Commission issued a notice for public comment regarding 
retroactivity of Amendments 9 and 12 on July 31, 2007 (72 FR 41794). 
Comment was initially due to the Commission on October 1, 2007. The 
Commission hereby invites additional comment from any person or group 
who has interest in the issues surrounding the retroactivity of either 
the cocaine base or criminal history guideline amendment. Comment must 
be received by the Commission not later than November 1, 2007.

    Authority: 28 U.S.C. 994(a), (o), (u); USSC Rules of Practice 
and Procedure 4.1, 4.3.

Ricardo H. Hinojosa,
Chair.
[FR Doc. E7-19117 Filed 9-26-07; 8:45 am]
BILLING CODE 2211-01-P