10570 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / 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 

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 

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; 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices 10571 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

4 17 CFR 240.19b–4(f)(6). 

5CBOE 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). 

8 15 U.S.C. 78s(b)(3)(A)(iii). 

9 17 CFR 240.19b–4(f)(6). 

10 Id. 

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. 

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 

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. 

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, 

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 


sroberts on PROD1PC70 with NOTICES