20576 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Notices 

12 17 CFR 200.30–3(a)(12). 

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 

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. 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 publicly available. All 

submissions should refer to File 

Number SR–NYSE–2007–02 and should 

be submitted on or before May 16, 2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–7836 Filed 4–24–07; 8:45 am] 

BILLING CODE 8010–01–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of a temporary, 

emergency amendment to sentencing 

guidelines, policy statements, and 

commentary. 

SUMMARY: Pursuant to section 4 of the 

Telephone Records and Privacy 

Protection Act of 2006 (the ‘‘Telephone 

Act’’), Pub. L. 109–476, the Commission 

hereby gives notice of a temporary, 

emergency amendment to the 

sentencing guidelines, policy 

statements, and commentary. This 

notice sets forth the temporary, 

emergency amendment and the reason 

for amendment. 

DATES: The Commission has specified 

an effective date of May 1, 2007, for the 

emergency amendment. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4590. 

SUPPLEMENTARY INFORMATION: The 

Commission must promulgate a 

temporary, emergency amendment to 

implement the directive to section 4 of 

the Telephone Act by July 11, 2007. On 

January 30, 2007, the Commission 

published in the Federal Register an 

issue for comment regarding the 

implementation of this directive. 

The temporary, emergency 

amendment set forth in this notice also 

may be accessed through the 

Commission’s Web site at http:// 

www.ussc.gov. 

Authority: 28 U.S.C. 994(a), (o), (p), (x); 

section 4 of Pub. L. 109–497. 

Ricardo H. Hinojosa, 

Chair. 

Pretexting 

Amendment: Section 2H3.1 is 

amended in the heading by striking 

‘‘Tax Return Information’’ and inserting 

‘‘Certain Private or Protected 

Information’’. 

Section 2H3.1(b)(1) is amended by 

inserting ‘‘(A) the defendant is 

convicted under 18 U.S.C. § 1039(d) or 

(e); or (B)’’ after ‘‘If’’. 

The Commentary to § 2H3.1 captioned 

‘‘Statutory Provisions’’ is amended by 

inserting ‘‘§ 1039,’’ after ‘‘18 U.S.C.§’’. 

The Commentary to § 2H3.1 captioned 

‘‘Application Notes’’ is amended by 

striking Note 1; by redesignating Note 2 

as Note 1; and by inserting after Note 1, 

as redesignated by this amendment, the 

following: 

‘‘2. Imposition of Sentence for 18 

U.S.C. § 1039(d) and (e).—Subsections 

1039(d) and (e) of title 18, United States 

Code, require a term of imprisonment of 

not more than 5 years to be imposed in 

addition to any sentence imposed for a 

conviction under 18 U.S.C. § 1039(a), 

(b), or (c). In order to comply with the 

statute, the court should determine the 

appropriate ‘total punishment’ and 

divide the sentence on the judgment 

form between the sentence attributable 

to the conviction under 18 U.S.C. 

§ 1039(d) or (e) and the sentence 

attributable to the conviction under 18 

U.S.C. § 1039(a), (b), or (c), specifying 

the number of months to be served for 

the conviction under 18 U.S.C. § 1039(d) 

or (e). For example, if the applicable 

adjusted guideline range is 15–21 

months and the court determines a ‘total 

punishment’ of 21 months is 

appropriate, a sentence of 9 months for 

conduct under 18 U.S.C. § 1039(a) plus 

12 months for 18 U.S.C. § 1039(d) 

conduct would achieve the ‘total 

punishment’ in a manner that satisfies 

the statutory requirement. 

3. Upward Departure.—There may be 

cases in which the offense level 

determined under this guideline 

substantially understates the 

seriousness of the offense. In such a 

case, an upward departure may be 

warranted. The following are examples 

of cases in which an upward departure 

may be warranted: 

(i) The offense involved confidential 

phone records information of a 

substantial number of individuals. 

(ii) The offense caused or risked 

substantial non-monetary harm (e.g. 

physical harm, psychological harm, 

severe emotional trauma, or a 

substantial invasion of privacy interest) 

to individuals whose private or 

protected information was obtained.’’. 

The Commentary to § 2H3.1 is 

amended by striking the Background 

Commentary. Appendix A (Statutory 

Index) is amended by inserting after the 

line referenced to 18 U.S.C. § 1038 the 

following new line: 

‘‘18 U.S.C. § 1039 2H3.1’’. 

Reason for Amendment: This 

amendment implements the emergency 

directive in section 4 of the Telephone 

Records and Privacy Protection Act of 

2006, Pub. L. 109–476. The directive, 

which requires the Commission to 

promulgate an amendment under 

emergency amendment authority by July 

11, 2007, instructs the Commission to 

‘‘review and, if appropriate, amend the 

Federal sentencing guidelines and 

policy statements applicable to persons 

convicted of any offense under section 

1039 of title 18, United States Code.’’

Section 1039 criminalizes the 

fraudulent acquisition or disclosure of 

confidential phone records. The 

penalties for violating the statute 

include fines and imprisonment for a 

term not to exceed 10 years. The statute 

also includes enhanced penalties for 

certain forms of aggravated conduct, 

providing for up to a five year term of 

imprisonment, in addition to the 

penalties for a violation of section 

1039(a), (b), or (c). See 18 U.S.C. 

1039(d), (e). 

The amendment refers the new 

offense at 18 U.S.C. 1039 to § 2H3.1 

(Interception of Communications; 

Eavesdropping; Disclosure of Tax 

Return Information). The Commission 

concluded that disclosure of telephone 

records is similar to the types of privacy 

offenses referenced to this guideline. In 

addition, this guideline includes a cross 

reference, instructing that if the purpose 

of the offense was to facilitate another 

offense, that the guideline applicable to 

an attempt to commit the other offenses 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Notices 20577 

should be applied, if the resulting 

offense level is higher. The Commission 

concluded that operation of the cross 

reference would capture the harms 

associated with the aggravated forms of 

this offense referenced at 18 U.S.C. 

1039(d) or (e). Finally, the amendment 

expands the scope of the existing threelevel enhancement in the guideline to 

include cases in which the defendant is 

convicted under 18 U.S.C. 1039(d) or 

(e). Thus, in cases where the cross 

reference does not apply, application of 

the enhancement will capture the 

increased harms associated with the 

aggravated offenses. 

[FR Doc. E7–7915 Filed 4–24–07; 8:45 am] 

BILLING CODE 2211–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 01/01–0409] 

Brook Venture Fund IIA, LP; Notice 

Seeking Exemption Under Section 312 

of the Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that Brook 

Venture Fund IIA, LP, 301 Edgewater 

Place, Suite 425, Wakefield, MA 01880, 

a Federal Licensee under the Small 

Business Investment Act of 1958, as 

amended (‘‘the Act’’), in connection 

with the financing of a small concern, 

is seeking an exemption under Section 

312 of the Act and Section 107.730, 

Financings which Constitute Conflicts 

of Interest of the Small Business 

Administration (‘‘SBA’’) Rules and 

Regulations (13 CFR 107.730). Brook 

Venture Fund IIA, LP wishes to provide 

an equity financing in the amount of 

$1,500,000 to Repromedix Corporation. 

The financing is brought within the 

purview of 107.730(a)(1) of the 

Regulations inasmuch as Brook Venture 

Fund II, LP is an Associate of Brook 

Venture Fund IIA, LP as defined in 

Section 107.50 of the Regulations by 

virtue of being its Parent Fund and 

because Brook Venture Fund II, LP has 

a current ownership interest in 

Repromedix Corporation equal to 

greater than 10 percent. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416. 

Dated: April 20, 2007. 

Harry Haskins, 

Deputy Associate Administrator for 

Investment. 

[FR Doc. E7–7839 Filed 4–24–07; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 5782] 

Determined Under Section 620(q) of 

the Foreign Assistance Act of 1961, as 

Amended, and Section 512 of the 

Foreign Operations, Export Financing, 

and Related Programs Appropriations 

Act of 2006, as Carried Forward Under 

the Continuing Resolution (Pub. L. 

110–5), as Amended, Relating to 

Assistance to the Republic of Somalia 

Pursuant to the authority vested in me 

by Section 620(q) of the Foreign 

Assistance Act of 1961, as amended 

(FAA), and Section 512 of the Foreign 

Operations, Export Financing, and 

Related Programs Appropriations Act, 

2006 (FOAA), as carried forward under 

Continuing Resolution (Pub. L. 110–5), 

as amended, and by Executive Order 

12163, as amended by Executive Order 

13346, I hereby determine that 

assistance to the Republic of Somalia is 

in the national interest of the United 

States and thereby waive, with respect 

to that country, the application of 

Section 620(q) of the FAA and Section 

512 of the FY 2006 FOAA, as carried 

forward under the Continuing 

Resolution (Pub. L. 110–5), as amended, 

and any similar provision in prior year 

FOAAs. 

This determination shall be reported 

to Congress and published in the 

Federal Register. 

Dated: March 12, 2007. 

Condoleezza Rice, 

Secretary of State, Department of State. 

[FR Doc. E7–7918 Filed 4–24–07; 8:45 am] 

BILLING CODE 4710–26–P 

DEPARTMENT OF STATE 

[Public Notice 5761] 

Advisory Committee on International 

Economic Policy; Notice of Open 

Meeting 

The Advisory Committee on 

International Economic Policy (ACIEP) 

will meet from 3 p.m. to 5 p.m. on 

Wednesday, May 9, 2007, at the U.S. 

Department of State, 2201 C Street NW., 

Washington, DC. The meeting will be 

hosted by Assistant Secretary of State 

for Economic, Energy and Business 

Affairs, Daniel S. Sullivan and 

Committee Chairman R. Michael 

Gadbaw. The ACIEP serves the U.S. 

Government in a solely advisory 

capacity concerning issues and 

challenges in international economic 

policy. The meeting will focus on Total 

Economic Engagement, including a 

regional focus on Indonesia, industry 

focus on the State Department’s role in 

international energy policy, publicprivate partnerships pertaining to 

capacity building, and the launch of the 

Secretary of State’s 2007 Award for 

Corporate Excellence program. 

This meeting is open to the public as 

seating capacity allows. Entry to the 

building is controlled; to obtain preclearance for entry, members of the 

public planning to attend should 

provide, by May 7, their name, 

professional affiliation, valid 

government-issued ID number (i.e., U.S. 

Government ID [agency], U.S. military 

ID [branch], passport [country], or 

drivers license [state]), date of birth, and 

citizenship to Ronelle Jackson by fax 

(202) 647–5936, e-mail 

(JacksonRS@state.gov), or telephone 

(202) 647–9204. One of the following 

forms of valid photo identification will 

be required for admission to the State 

Department building: U.S. driver’s 

license, passport, or U. S. Government 

identification card. Enter the 

Department of State from the C Street 

lobby. In view of escorting 

requirements, non-Government 

attendees should plan to arrive not less 

than 15 minutes before the meeting 

begins. 

For additional information, contact 

Senior Coordinator Nancy SmithNissley, Office of Economic Policy and 

Public Diplomacy, Bureau of Economic, 

Energy and Business Affairs, at (202) 

647–1682 or Smith-NissleyN@state.gov. 

Dated: April 17, 2007. 

David R. Burnett, 

Office Director, Office of Economic Policy 

Analysis and Public Diplomacy, Department 

of State. 

[FR Doc. E7–7921 Filed 4–24–07; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2005–23112] 

Motorcyclist Advisory Council to the 

Federal Highway Administration 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of meeting of advisory 

committee. 

SUMMARY: This document announces the 

second meeting of the Motorcyclist 

Advisory Council to the Federal 

Highway Administration (MAC–

FHWA). The purpose of this meeting is 

to advise the Secretary of 

Transportation, through the 

Administrator of the Federal Highway 


cprice-sewell on PRODPC61 with NOTICES