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Federal Register / Vol. 72, No.

91 / Friday, May 11, 2007 / Notices 26861

of the purposes of the Act and the Internet Web site (http://www.sec.gov/ II. Description
Commodity Exchange Act. rules/sro.shtml). Copies of the The proposed rule change eliminates
submission, all subsequent the requirement that OCC’s
C. Self-Regulatory Organization’s
amendments, all written statements Membership/Risk Committee approve
Statement on Comments on the
with respect to the proposed rule classes of fund shares (e.g., ETFs) for
Proposed Rules Received From
change that are filed with the deposit as margin. It deletes
Members, Participants, or Others
Commission, and all written Interpretation and Policy .11 to Rule
NFA did not publish the rule change communications relating to the 604, Forms of Margin, which requires
to the membership for comment but did proposed rule change between the that OCC’s Membership/Risk Committee
discuss it with NFA’s FCM, IB and CPO/ Commission and any person, other than approve classes of fund shares for
CTA Advisory Committees. NFA did not those that may be withheld from the deposit as margin. Committee approval
receive comment letters concerning the public in accordance with the was deemed to be a prudent safeguard
rule change. provisions of 5 U.S.C. 552, will be when OCC began accepting fund shares
III. Date of Effectiveness of the available for inspection and copying in for deposit in 1997 because fund shares
Proposed Rules and Timing for the Commission’s Public Reference had only been trading since 1993, and
Commission Action Room. Copies of the filing also will be OCC was not as familiar with them as
available for inspection and copying at it is today.3 In 1998, OCC began clearing
On February 27, 2007, NFA submitted the principal office of the Exchange. All options on fund shares.4 Since then,
the proposed amendments to NFA’s comments received will be posted fund shares have become a widely used
Compliance Rule 2–9 and the without change; the Commission does investment tool, and OCC has
Interpretive Notice to the CFTC for not edit personal identifying developed a broad understanding of the
approval. The proposed rule change has information from submissions. You fund share marketplace. In light of these
become effective on March 28, 2007, the should submit only information that developments, OCC believes that fund
date of approval of the proposed rule you wish to make available publicly. All shares should be accepted as margin
change by the CFTC. submissions should refer to File under the same conditions that apply to
Within 60 days of the date of Number SR–NFA–2007–03 and should the deposit of other equity securities
effectiveness of the proposed rule be submitted on or before June 1, 2007. without the need for Committee
change, the Commission, after approval.
consultation with the CFTC, may For the Commission, by the Division of
Market Regulation, pursuant to delegated III. Discussion
summarily abrogate the proposed rule
authority.11
change and require that the proposed Section 17A(b)(3)(F) of the Act
Florence E. Harmon,
rule change be refiled in accordance requires, among other things, that the
with the provisions of Section 19(b)(1) Deputy Secretary.
rules of a clearing agency be designed to
of the Exchange Act.10 [FR Doc. E7–9071 Filed 5–10–07; 8:45 am]
assure the safeguarding of securities and
BILLING CODE 8010–01–P
IV. Solicitation of Comments funds which are in its custody or
control or for which it is responsible.5
Interested persons are invited to OCC’s Rule 604 provides that OCC may
submit written data, views, and SECURITIES AND EXCHANGE
accept cash, letters of credit, and certain
arguments concerning the foregoing, COMMISSION
types of liquid securities. In our
including whether the proposed rule approval order of the 1997 proposed
change is consistent with the Act. [Release No. 34–55716; File No. SR–OCC–
2006–15]
rule change to allow OCC to accept fund
Comments may be submitted by any of shares as margin, we noted that fund
the following methods: shares are typically traded and cleared
Self-Regulatory Organizations; The
Electronic Comments Options Clearing Corporation; Order like common stock and are typically
Granting Approval of a Proposed Rule held in book-entry form at a securities
• Use the Commission’s Internet depository in which OCC can readily
comment form (http://www.sec.gov/ Change Relating to the Approval of
Fund Shares Deposited as Margin perfect a security interest.6 Given the
rules/sro.shtml); or
liquid nature of fund shares and OCC’s
• Send an e-mail to rule- May 7, 2007. increased experience with evaluating
comments@sec.gov. Please include File
I. Introduction the risks associated with fund shares,
Number SR–NFA–2007–03 on the
we are satisfied with OCC’s
subject line. On August 31, 2006, The Options determination that it is no longer
Paper Comments Clearing Corporation (‘‘OCC’’) filed with necessary for its Membership/Risk
the Securities and Exchange Committee to approve classes of fund
• Send paper comments in triplicate Commission (‘‘Commission’’) proposed
to Nancy M. Morris, Secretary, shares before the fund shares can be
rule change SR–OCC–2006–15 pursuant deposited as margin. Accordingly, the
Securities and Exchange Commission, to Section 19(b)(1) of the Securities
100 F Street, NE., Washington, DC proposed rule should not affect OCC’s
Exchange Act of 1934 (‘‘Act’’).1 Notice obligation to assure the safeguarding of
20549–1090. of the proposal was published in the securities and funds which are in its
All submissions should refer to File Federal Register on March 29, 2007.2
Number SR–NFA–2007–03. This file No comment letters were received. For 3 Securities Exchange Act Release No. 39104
number should be included on the the reasons discussed below, the (September 22, 1997), 62 FR 50647 (September 29,
subject line if e-mail is used. To help the Commission is granting approval of the 1997) (File No. SR–OCC–97–01).
Commission process and review your proposed rule change.
4 Securities Exchange Act Release No. 40132
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comments more efficiently, please use (June 25, 1998), 63 FR 36467 (July 6, 1998) (File No.
SR–OCC–97–02).
only one method. The Commission will 11 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78q–1(b)(3)(F).
post all comments on the Commission’s 1 15 U.S.C. 78s(b)(1). 6 Securities Exchange Act Release No. 39104
2 Securities Exchange Act Release No. 55504 (September 22, 1997), 62 FR 50647 (September 29,
10 15 U.S.C. 78s(b)(1). (March 21, 2007), 72 FR 14844. 1997) (File No. SR–OCC–97–01).

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26862 Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Notices

custody or control or for which it is DEPARTMENT OF TRANSPORTATION the EU Member States and intermediate
responsible. points to any point or points in the
Office of the Secretary United States and beyond; (c) effective
IV. Conclusion
March 30, 2008, charter foreign air
On the basis of the foregoing, the Notice of Applications for Certificates transportation of persons, property and
Commission finds that the proposed of Public Convenience and Necessity mail between any point or points in the
rule change is consistent with the and Foreign Air Carrier Permits Filed United States and any point or points in
requirements of the Act and in Under Subpart B (Formerly Subpart Q) the European Common Aviation Area
particular Section 17A of the Act and During the Week Ending April 27, 2007 (‘‘ECAA’’); and (d) other charters
the rules and regulations thereunder.7 The following Applications for between non-EU/ECAA third countries
It is therefore ordered, pursuant to and the United States.
Certificates of Public Convenience and
Section 19(b)(2) of the Act, that the Docket Number: OST–2007–28073.
Necessity and Foreign Air Carrier
proposed rule change (File No. SR– Date Filed: April 27, 2007.
Permits were filed under Subpart B
OCC–2006–15) be and hereby is Due Date for Answers, Conforming
(formerly Subpart Q) of the Department
approved. Applications, or Motion to Modify
of Transportation’s Procedural
For the Commission by the Division of Regulations (See 14 CFR 301.201 et Scope: May 18, 2007.
Market Regulation, pursuant to delegated seq.). The due date for Answers, Description: Application of Star Air
authority.8 Conforming Applications, or Motions to A/S, requesting an exemption and a
Florence E. Harmon, Modify Scope are set forth below for foreign air carrier permit to provide
Deputy Secretary. each application. Following the Answer charter foreign air transportation of
[FR Doc. E7–9086 Filed 5–10–07; 8:45 am] period DOT may process the application property and mail on any and all routes
BILLING CODE 8010–01–P by expedited procedures. Such authorized pursuant to the Agreement
procedures may consist of the adoption between the Government of the United
of a show-cause order, a tentative order, States of America and the Government
DEPARTMENT OF TRANSPORTATION or in appropriate cases a final order of Denmark Relating to Air Transport
without further proceedings. Services (‘‘U.S.-Denmark Open Skies
Office of the Secretary Docket Number: OST–2007–27060. Agreement’’).
Date Filed: April 24, 2007. Docket Number: OST–2007–28087.
Aviation Proceedings, Agreements Due Date for Answers, Conforming Date Filed: April 27, 2007.
Filed the Week Ending April 27, 2007 Applications, or Motion to Modify Due Date for Answers, Conforming
The following Agreements were filed Scope: May 15, 2007 Applications, or Motion to Modify
with the Department of Transportation Description: Application of Zoom Scope: May 18, 2007.
under the Sections 412 and 414 of the Airlines Limited, amending its Description: Application of ABX Air,
Federal Aviation Act, as amended (49 exemption and foreign air carrier permit Inc. (‘‘ABX’’), requesting the Department
U.S.C. 1383 and 1384) and procedures to add a request for authority to serve of Transportation disclaim jurisdiction
governing proceedings to enforce these Bermuda (‘‘BRA’’) as an intermediate over the transfer of the certificate of
provisions. Answers may be filed within point on its proposed scheduled service public convenience and necessity and
21 days after the filing of the between London Gatwick Airport other operating authority issued to ABX
application. (‘‘LGW’’) and John F. Kennedy to facilitate the formation by ABX of a
Docket Number: OST–2007–28027. International Airport (‘‘JFK’’). holding company.
Date Filed: April 23, 2007. Docket Number: OST–2007–28046. Renee V. Wright,
Parties: Members of the International Date Filed: April 24, 2007.
Program Manager, Docket Operations,
Air Transport Association. Due Date for Answers, Conforming Federal Register Liaison.
Subject: Mail Vote 534—Resolution Applications, or Motion to Modify
[FR Doc. E7–9080 Filed 5–10–07; 8:45 am]
010q, TC3/TC23 Special Passenger Scope: May 15, 2007
BILLING CODE 4910–9X–P
Amending, Resolution from Sri Lanka, Description: Application of Air
(Memo 1084), Intended effective date: 1 Executive Charter GmbH (‘‘Air
May 2007. Executive Charter’’), requesting an
DEPARTMENT OF TRANSPORTATION
Docket Number: OST–2007–28038. exemption and a foreign air carrier
Date Filed: April 24, 2007. permit authorizing Air Executive Federal Highway Administration
Parties: Members of the International Charter to provide the following service
Air Transport Association. using small aircraft: (a) Charter foreign [Docket No. FHWA–2007–28076]
Subject: PSC/RESO/137 dated March air transportation of persons, property
Agency Information Collection
20, 2007, Finally Adopted Resolutions & and mail between any point or points in
Activities: Notice of Request for
Recommended Practices, PSC/MINS/ Germany and any point or points in the
Reinstatement of a Previously
019 dated March 20, 2007, Intended United States; and between any point or
Approved Collection for Which
effective date: 1 June 2007. points in the United States and any
Approval Has Expired
point or points in a third country or
Renee V. Wright,
countries, provided that such service AGENCY: Federal Highway
Program Manager, Docket Operations, constitutes part of a continuous
Federal Register Liaison.
Administration (FHWA), DOT.
operation, with or without a change of ACTION: Notice of Request for
[FR Doc. E7–9081 Filed 5–10–07; 8:45 am] aircraft, that includes air service to Reinstatement of a previously approved
BILLING CODE 4910–9X–P Germany for the purpose of carrying collection for which approval has
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local traffic between Germany and the expired.


7 In approving the proposed rule change, the
United States; (b) effective March 30,
Commission considered the proposal’s impact on
efficiency, competition and capital formation. 15 2008, charter foreign air transportation SUMMARY: The FHWA invites public
U.S.C. 78c(f). of persons, property and mail from comments about our intention to request
8 17 CFR 200.30–3(a)(12). points behind EU Member States, via the Office of Management and Budget’s

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