Sentencing Guidelines for United States Courts, 58345-58346 [E7-20264]

Download as PDF Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Notices 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 9 in general, and with Section 6(b)(5) of the Act 10 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, to remove impediments to and perfect the mechanism of a free and open market and a national market system. 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. sroberts on PROD1PC70 with NOTICES C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the forgoing rule change does not: (1) Significantly affect the protection of investors or the public interest; (2) impose any significant burden on competition; and (3) become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and Rule 19b– 4(f)(6) thereunder.12 As required under Rule 19b–4(f)(6)(iii),13 the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. A proposed rule change filed under 19b–4(f)(6) normally may not become operative prior to 30 days after the date of filing. However, Rule 19b–4(f)(6)(iii) permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has 9 15 U.S.C. 78(f)(b). U.S.C. 78(f)(b)(5). 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b–4(f)(6). 13 17 CFR 240.19b–4(f)(6)(iii). 10 15 VerDate Aug<31>2005 21:55 Oct 12, 2007 Jkt 214001 requested that the Commission waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Specifically, the Commission believes that, given the Exchange’s plan to consolidate its Floor operations, the proposed rule change would enable Floor brokers to promptly facilitate transactions from the physical areas on the Floor where business will ultimately be conducted. For this reason, the Commission designates the proposed rule change to be effective and operative upon filing with the Commission.14 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.15 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–NYSE–2007–94 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–2007–94. 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/ 14 For the purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 15 For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposed rule change, the Commission considers the period to commence on October 4, 2007, the date on which the Exchange filed Amendment No. 1. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 58345 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 NYSE. 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–2007–94 and should be submitted on or before November 5, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.16 Nancy M. Morris, Secretary. [FR Doc. E7–20214 Filed 10–12–07; 8:45 am] BILLING CODE 8011–01–P UNITED STATES SENTENCING COMMISSION Sentencing Guidelines for United States Courts United States Sentencing Commission. ACTION: Notice of public hearing. AGENCY: SUMMARY: The Commission has scheduled a public hearing regarding whether Amendment 9 pertaining to offenses involving cocaine base (‘‘crack’’) and Amendment 12 pertaining to certain criminal history rules, see 72 FR 28558 (May 21, 2007); 72 FR 51882 (September 11, 2007), should be applied retroactively to previously sentenced defendants. The Commission has scheduled a public hearing for November 13, 2007. Requests to testify should be received by the Commission not later than October 29, 2007. Written testimony for the public hearing must be received by the Commission not later than November 5, DATES: 16 17 E:\FR\FM\15OCN1.SGM CFR 200.30–3(a)(12). 15OCN1 58346 Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Notices 2007. The Commission requests that, to the extent practicable, written testimony be submitted electronically to PubAffairs@ussc.gov with a subject of ‘‘Public Hearing Testimony’’. The hearing will be held at Georgetown University Law Center, Gerwirz Student Center, Twelfth Floor Conference Room, 120 F Street, NW., Washington, DC at 9:30 a.m. Send testimony via electronic mail to: PubAffairs@ussc.gov, with a subject of ‘‘Public Hearing Testimony’’. Testimony may also be sent to: United States Sentencing Commission, One Columbus Circle, NE., Suite 2–500, South Lobby, Washington, DC 20002–8002, Attention: Public Affairs. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Michael Courlander, Public Affairs Officer, Telephone: (202) 502–4590. 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 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, written testimony should address each of these factors. Data relating to possible retroactivity maybe accessed through the Commission’s Web site at http:// www.ussc.gov. sroberts on PROD1PC70 with NOTICES SUPPLEMENTARY INFORMATION: Authority: 28 U.S.C. 994(x); USSC Rules of Practice and Procedure, Rule 4.5. Ricardo H. Hinojosa, Chair. [FR Doc. E7–20264 Filed 10–12–07; 8:45 am] BILLING CODE 2211–01–P VerDate Aug<31>2005 21:55 Oct 12, 2007 Jkt 214001 SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2007–0078] The Ticket To Work and Work Incentives Advisory Panel Meeting AGENCY: Social Security Administration (SSA). ACTION: Notice of Quarterly Meeting. October 31, 2007—9 a.m. to 5 p.m. November 1, 2007—9 a.m. to 5 p.m. ADDRESSES: Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA 22202. Phone: 703–486–1111. SUPPLEMENTARY INFORMATION: Type of meeting: On October 31, and November 1, 2007 the Ticket to Work and Work Incentives Advisory Panel (the ‘‘Panel’’) will hold a quarterly meeting open to the public. Purpose: In accordance with section 10(a)(2) of the Federal Advisory Committee Act, the Social Security Administration (SSA) announces a meeting of the Ticket to Work and Work Incentives Advisory Panel. Section 101(f) of Public Law 106–170 establishes the Panel to advise the President, the Congress, and the Commissioner of SSA on issues related to work incentive programs, planning, and assistance for individuals with disabilities as provided under section 101(f)(2)(A) of the TWWIA. The Panel is also to advise the Commissioner on matters specified in section 101(f)(2)(B) of that Act, including certain issues related to the Ticket to Work and SelfSufficiency Program established under section 101(a) of that Act. Interested parties are invited to attend the meeting. The Panel will use the meeting time to receive briefings and presentations on matters of interest, conduct full Panel deliberations on the implementation of the Act and receive public testimony. The Panel will meet in person commencing on Wednesday October 31, 2007, from 9 a.m. until 5 p.m. The quarterly meeting will continue on Thursday, November 1, 2007, from 9 a.m. until 5 p.m. Agenda: The full agenda will be posted at least one week before the start of the meeting on the Internet at http://www.ssa.gov/work/panel/ meeting_information/agendas.html, or can be received, in advance, electronically or by fax upon request. Public testimony will be heard on Wednesday, October 31 from 11:30 a.m. to 12 p.m. Individuals interested in providing testimony in person should contact the Panel staff as outlined below DATES: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 to schedule a time slot. Members of the public must schedule a time slot in order to comment. In the event public comments do not take the entire scheduled time period, the Panel may use that time to deliberate or conduct other Panel business. Each individual providing public comment will be acknowledged by the Chair in the order in which they are scheduled to testify and is limited to a maximum fiveminute, verbal presentation. Full written testimony on the Implementation of the Ticket to Work and Work Incentives Program, no longer than five (5) pages, may be submitted in person or by mail, fax or e-mail on an ongoing basis to the Panel for consideration. Since seating may be limited, persons interested in providing testimony at the meeting should contact the Panel staff by e-mailing Ms. Debra Tidwell-Peters, at Debra.Tidwell-Peters@ssa.gov or by calling (202) 358–6126. Contact Information: Records are kept of all proceedings and will be available for public inspection by appointment at the Panel office. Anyone requiring information regarding the Panel should contact the staff by: • Mail addressed to the Social Security Administration, Ticket to Work and Work Incentives Advisory Panel Staff, 400 Virginia Avenue, SW., Suite 700, Washington, DC 20024. • Telephone contact with Debra Tidwell Peters at (202) 358–6126. • Fax at (202) 358–6440. • E-mail to TWWIIAPanel@ssa.gov. Dated: October 2, 2007. Chris Silanskis, Designated Federal Officer. [FR Doc. E7–20245 Filed 10–12–07; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF STATE [Public Notice 5958] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Lucien Freud: The Painter’s Etchings’’ SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58345-58346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20264]


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UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Notice of public hearing.

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SUMMARY: The Commission has scheduled a public hearing regarding 
whether Amendment 9 pertaining to offenses involving cocaine base 
(``crack'') and Amendment 12 pertaining to certain criminal history 
rules, see 72 FR 28558 (May 21, 2007); 72 FR 51882 (September 11, 
2007), should be applied retroactively to previously sentenced 
defendants.

DATES: The Commission has scheduled a public hearing for November 13, 
2007. Requests to testify should be received by the Commission not 
later than October 29, 2007. Written testimony for the public hearing 
must be received by the Commission not later than November 5,

[[Page 58346]]

2007. The Commission requests that, to the extent practicable, written 
testimony be submitted electronically to PubAffairs@ussc.gov with a 
subject of ``Public Hearing Testimony''. The hearing will be held at 
Georgetown University Law Center, Gerwirz Student Center, Twelfth Floor 
Conference Room, 120 F Street, NW., Washington, DC at 9:30 a.m.

ADDRESSES: Send testimony via electronic mail to: PubAffairs@ussc.gov, 
with a subject of ``Public Hearing Testimony''. Testimony may also be 
sent to: United States Sentencing Commission, One Columbus Circle, NE., 
Suite 2-500, South Lobby, Washington, DC 20002-8002, Attention: Public 
Affairs.

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, written testimony should address each of these factors. 
Data relating to possible retroactivity maybe accessed through the 
Commission's Web site at http://www.ussc.gov.

    Authority: 28 U.S.C. 994(x); USSC Rules of Practice and 
Procedure, Rule 4.5.

Ricardo H. Hinojosa,
Chair.
[FR Doc. E7-20264 Filed 10-12-07; 8:45 am]
BILLING CODE 2211-01-P