Notices. Revised notice of intent (NOI)

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BILLING CODE 7555-01-M NATIONAL SCIENCE FOUNDATION Advisory Committee for Environmental Research and Education; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting: *Name:* Advisory Committee for Environmental Research and Education (9487). *Dates:* October 17, 9 a.m.-5 p.m. and October 18, 2007, 9 a.m.-2:30 p.m. *Place:* Stafford I, Room 1235, National Science Foundation, 4201 Wilson Blvd., Arlington, Virginia 22230. *Type of Meeting:* Open. *For Further Information Contact:* Alan Tessier, National Science Foundation, 4201 Wilson Blvd., Suite 635, Arlington, Virginia 22230, Phone: 703-292-7198.

If you are attending the meeting and need access to the NSF, please contact the individual listed above so your name may be added to the building access list. *Minutes:* May be obtained from the contact person listed above. *Purpose of Meeting:* To provide advice, recommendations, and oversight concerning support for environmental research and education. *Agenda:* October 17 Introduction of New Members Update on recent NSF environmental activities Joint Session with NSF Advisory Committee on Geosciences October 18 Discussion of Future AC/ERE activities Meeting with the Director (or Representative) Establishment of AC/ERE Task Groups Dated:

August 28, 2007. Susanne Bolton, Committee Management Officer. [FR Doc. E7-17342 Filed 8-30-07; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION Advisory Committee for Geosciences; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting: *Name:* Advisory Committee for Geosciences (1755). *Dates:* October 17, 9 a.m.-5 p.m. and October 18, 2007, 9 a.m.-2:30 p.m. *Place:* Stafford I, Room 375, National Science Foundation, 4201 Wilson Blvd., Arlington, Virginia 22230. *Type of Meeting:* Open. *For Further Information Contact:* Melissa Lane, National Science Foundation, 4201 Wilson Blvd., Suite 705, Arlington, Virginia 22230, Phone: 703-292-8500.

If you are attending the meeting and need access to the NSF, please contact the individual listed above so your name may be added to the building access list. *Minutes:* May be obtained from the contact person listed above. *Purpose of Meeting:* To provide advice, recommendations, and oversight concerning support for research, education, and human resources development in the geosciences. *Agenda:* October 16 Directorate activities and plans Meeting with the Director (or Representative) Division Subcommittee Meetings Review of COV Reports October 17 Education and Diversity Subcommittee Meeting Joint Session with NSF Advisory Committee on Environmental Research and Education Dated:

August 28, 2007. Susanne Bolton, Committee Management Officer. [FR Doc. E7-17344 Filed 8-30-07; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Ocean Sciences; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting. *Name:* Plum Island Ecosystems LTER (PIE-LTER) Site Review, Proposal Review Panel for Ocean Sciences (10752). *Date and Time:* Oct. 10, 2007, 4 p.m.-8 p.m.

Oct. 11, 2007, 8 a.m.-7 p.m. Oct. 12, 2007, 8 a.m.-6 p.m. *Place:* Ipswich, Massachusetts. *Type of Meeting:* Partially Closed. *For Further Information Contact:* Dr. Henry Gholz, Division of Environmental Biology, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Telephone

(703)292-8481. *Purpose of Meeting:* Formal third-year review of the Plum Island Ecosystem Long-Term Ecological Research project award. *Agenda:* Monday, 10 October 2007 4-8 p.m. NSF Briefing of the Review Team at Hotel (closed) Tuesday, 11 October 2007 at The PIE-LTER Site Building 8-4 PIE-LTER Project Introduction

(open)Overview and Evolution/Partnerships Research Presentations (talks 20 min + questions 5 min) Education and Outreach Information Management Site Management 4-6:45 Reception and Student Posters

(open)Meet with graduate students and post-docs 7 Dinner locally (open); review team separate working dinner (closed) Wednesday, 12 October 2007 8-8:30 Review Team assemble for initial feedback and questions (closed). 9-11 Meetings on Administration (closed) 1-4:15 Review Team Report Work Session (closed) 4:30-5:55 Report-out by Review Team (closed) 6 Adjourn *Reason for Closing:* During closed sessions the review will include information of a confidential nature, including technical and financial information. These matters are exempt under 5 U.S.C. 552b(c),

(4)and

(6)of the Government in The Sunshine Act. Dated: August 28, 2007. Susanne Bolton, Committee Management Officer. [FR Doc. E7-17343 Filed 8-30-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Revised Notice of Intent To Prepare a Generic Environmental Impact Statement for Uranium Milling Facilities AGENCY: United States Nuclear Regulatory Commission (NRC). ACTION: Revised notice of intent (NOI). SUMMARY: This notice revises a notice published on July 24, 2007 in the **Federal Register** (72 FR 141) which informed the public of the NRC's intent to prepare a Generic Environmental Impact Statement

(GEIS)in accordance with the National Environmental Policy Act

(NEPA)and NRC's NEPA implementing regulations contained in 10 CFR part 51. The purpose of this revised notice is to

(1)Announce that an additional scoping meeting will be held in Gallup, New Mexico on September 27, 2007 and

(2)extend the scoping comment period to October 8, 2007. The GEIS will assess the potential environmental impacts associated with uranium recovery at milling facilities employing the in-situ leach

(ISL)process. The GEIS may also assess the potential environmental impacts of alternative methods of uranium recovery (including the conventional milling process). DATES: The NRC has recently held public meetings in Casper, Wyoming and Albuquerque, New Mexico as part of the public scoping process required by NEPA. In response to public requests, the public scoping period for the GEIS has been extended to October 8, 2007. Written comments submitted by mail should be postmarked by that date to ensure consideration. Comments mailed after that date will be considered to the extent possible. In addition, the NRC will conduct a third public meeting in Gallup, New Mexico to assist in defining the appropriate scope of the GEIS, including the significant environmental issues to be addressed. The meeting date, time and location are listed below: *Meeting Date:* September 27, 2007, 7 p.m. to 9:30 p.m. *Meeting Location:* Best Western Inn and Suites, 3009 West Hwy 66, Gallup, NM 87301-6813, Phone

(505)722-2221. For this meeting, members of the NRC staff will be available for informal discussions with members of the public from 6 p.m. to 7 p.m. The formal meeting and associated NRC presentation will begin at 7 p.m. For planning purposes, those who wish to present oral comments at the meeting are encouraged to pre-register by contacting Carol Walls of the NRC by telephone at 1-800-368-5642, Extension 8028, or by e-mail at *CAW@nrc.gov* no later than September 21, 2007. Interested persons may also register to speak at the meetings. Depending on the number of speakers, each speaker may be limited in the amount of time allocated for their comments so that all speakers will have an opportunity to offer comments. ADDRESSES: Members of the public and interested parties are invited and encouraged to submit comments to the Chief, Rulemaking, Directives, and Editing Branch, Mail Stop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Also, the NRC encourages comments to be submitted electronically to *URLGEIS@nrc.gov.* Please refer to the “Uranium Recovery GEIS” when submitting comments. FOR FURTHER INFORMATION CONTACT: For general information on the NRC NEPA process, or the environmental review process related to this GEIS, please contact: Paul Michalak, Project Manager, Division of Waste Management and Environmental Protection (DWMEP), Mail Stop T-8F5, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by phone at 1-800-368-5642, Extension 7612, or by e-mail at *PXM2@nrc.gov,* For general or technical information associated with the safety and licensing of uranium milling facilities, please contact: William Von Till, Branch Chief, Uranium Recovery Branch, DWMEP, Mail Stop T-8F5, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by phone at 1-800-368-5642, Extension 0598, or by e-mail at *RWV@nrc.gov.* Information and documents associated with the GEIS are available for public review through the NRC electronic reading room: * http:// www.nrc.gov/reading-rm/adams.html. * Documents may also be obtained from the NRC Public Document Room at U.S. Nuclear Regulatory Commission Headquarters, 11555 Rockville Pike (first floor), Rockville, Maryland, 20852-2738. SUPPLEMENTARY INFORMATION: 1.0 Background The NRC is expecting numerous license applications for in-situ leach

(ISL)uranium milling facilities in the coming 2-3 years. This GEIS is intended to address the common issues associated with environmental reviews of such milling facilities located in the western United States. Because there are environmental issues common to ISL milling facilities, the NRC staff will be addressing these common issues generically to aid in a more efficient environmental review for each separate license application, if and when these applications are submitted. ISL milling facilities recover uranium from low grade ores that may not be economically recoverable by other methods. In this process, a leaching agent, such as oxygen with sodium bicarbonate, is added to native ground water for injection through wells into the subsurface ore body to dissolve the uranium. The leach solution, containing the dissolved uranium, is pumped back to the surface and sent to the processing plant, where ion exchange is used to separate the uranium from the solution. The underground leaching of the uranium also frees other metals and minerals from the host rock. Operators of ISL facilities are required to restore the ground water affected by the leaching operations. The milling process concentrates the recovered uranium into the product known as “yellowcake” (U <sup>3</sup> O <sup>8</sup> ). This yellowcake is then shipped to uranium conversion facilities for further processing in the overall uranium fuel cycle. One alternative to ISL milling is the conventional uranium milling process that extracts uranium from mined ore. At conventional mills, the ore arrives via truck and is crushed, ground, and leached. In most cases, sulfuric acid is the leaching agent, but alkaline leaching can also be done. The leaching agent not only extracts uranium from the ore but also several other constituents ( *e.g.* , vanadium, selenium, iron, lead, and arsenic). Conventional mills extract 90 to 95 percent of the uranium from the ore. These mills are typically in areas of low population density, and they typically process ores from mines within 50 kilometers (30 miles). Conventional mills may also produce significant quantities of waste materials, known as mill tailings, from the ore processing. These tailings are contained in impoundments which can be as large as 250 to 300 acres in extent. It is estimated that roughly 95% of the incoming ore ends as mill tailings. These mill tailings contain most of the radioactive progeny of uranium and may be a significant source of radon and radon progeny releases to the environment. The GEIS will focus on the construction, operation, and decommissioning of ISL mills and also assess alternative methods of uranium recovery. It is noted that the hardrock mining associated with conventional uranium milling is regulated by other entities (e.g., the U.S. Bureau of Land Management, and various state agencies) For more information on the uranium fuel cycle, please see Regulating Nuclear Fuel, NUREG/BR-0280, Rev. 1, (which can be found online at: *http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/br0280/).* 2.0 Alternatives To Be Evaluated *No action* —The no-action alternative would be to not build nor license potential uranium milling facilities. Under this alternative the NRC would not approve future license applications. This alternative serves as a baseline for comparison of the potential environmental impacts. *Proposed action* —The proposed action is the construction, operation, and decommissioning of an ISL uranium mill. Implementation of the proposed action would require the issuance of an NRC license under the provisions of 10 CFR part 40. *Alternatives* —The conventional milling process is one alternative. Other alternatives not listed in this notice may be identified through the scoping process. 3.0 Environmental Impact Areas To Be Analyzed The following resource areas have been tentatively identified for analysis in the GEIS: — *Public and Occupational Health:* addressing the potential public and occupational consequences from construction, routine operation, transportation, and credible accident scenarios (including natural events), and decommissioning; — *Waste Management:* addressing the types of wastes expected to be generated, handled, stored and subject to re-use or disposal; — *Land Use:* addressing land use plans, policies and controls; — *Transportation:* addressing the transportation modes, routes, quantities, and risk estimates; — *Geology and Soils:* addressing the physical geography, topography, geology and soil characteristics; — *Water Resources:* addressing the surface and ground water hydrology, water use and quality, and the potential for degradation; — *Ecology:* addressing wetlands, aquatic, terrestrial, economically and recreationally important species, and threatened and endangered species; — *Air Quality:* addressing meteorological conditions, ambient background, pollutant sources, and the potential for degradation; — *Noise:* addressing ambient noises, sources, and sensitive receptors; — *Historical and Cultural Resources:* addressing historical, archaeological, and traditional cultural resources; — *Visual and Scenic Resources:* addressing landscape characteristics, man-made features and viewshed; — *Socioeconomics:* addressing the demography, economic base, labor pool, housing, transportation, utilities, public services/facilities, education, recreation, and cultural resources; — *Environmental Justice:* addressing the potential disproportionately high and adverse impacts to minority and low-income populations; and — *Cumulative Effects:* addressing the impacts from past, present, and reasonably foreseeable actions at and near the site. The examples under each resource area are not intended to be all inclusive, nor is this list an indication that environmental impacts will occur. The list is presented to facilitate comments on the scope of the GEIS. Additions to, or deletions from, this list may occur as a result of the public scoping process. 4.0 Scoping Meetings This NOI is to encourage public involvement in the GEIS process and to solicit public comments on the proposed scope and content of the GEIS. NRC will hold public scoping meetings as described above to solicit both oral and written comments from interested parties. Scoping is an early and open process designed to determine the range of actions, alternatives, and potential impacts to be considered in the GEIS, and to identify the significant issues related to the proposed action. Scoping is intended to solicit input from the public and other agencies so that the analysis can be more clearly focused on issues of genuine concern. The principal goals of the scoping process are to: —Identify public concerns; —Ensure that concerns are identified early and are properly studied; —Identify alternatives that will be examined; —Identify significant issues that need to be analyzed; and —Eliminate unimportant issues. The scoping meetings will begin with NRC staff providing a description of NRC's role and mission followed by a brief overview of NRC's environmental review process and goals of the scoping meeting. The bulk of the meeting will be allotted for attendees to make oral comments. 5.0 Scoping Comments Written comments should be mailed to the address listed above in the ADDRESSES section. Scoping comments may also be submitted electronically via e-mail to *URLGEIS@nrc.gov.* The NRC staff will prepare a scoping summary report in which it will summarize public comments. The NRC will make the scoping summary report and project-related materials available for public review through its electronic reading room: *http://www.nrc.gov/reading-rm/adams.html.* Further, an NRC Web site will be established in the near future to keep the public abreast of the current schedule and to post important documents. 6.0 The NEPA Process The GEIS will be prepared according to NEPA and NRC's NEPA implementing regulations contained in 10 CFR part 51. After the scoping process is complete, the NRC will prepare a draft GEIS. The draft GEIS is scheduled to be published by April 2008. A 45-day comment period on the draft GEIS is planned, and a public meeting(s) to receive comments will be held approximately three weeks after publication of the draft GEIS. Availability of the draft GEIS, the dates of the public comment period, and information about the public meeting will be announced in the **Federal Register** , on NRC's Web page, and in the local news media. The final GEIS is expected to be published in January 2009 and will incorporate, as appropriate, public comments received on the draft GEIS. Dated at Rockville, Maryland this 22nd day of August, 2007. For the Nuclear Regulatory Commission. Gregory Suber, Branch Chief, Environmental Review Branch, Environmental Protection and Performance Assessment Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E7-17276 Filed 8-30-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION U.S. Digital Instrumentation and Control and Human-Machine Interface Workshop AGENCY: Nuclear Regulatory Commission. ACTION: Opportunity to provide input concerning digital instrumentation and control and human-machine interface test and research in the United States. SUMMARY: The increasing use of digital instrumentation and controls, and the growing prevalence of human interactions with such systems, in nuclear generating and fuel cycle facilities have introduced new regulatory challenges along with the potential benefit of improved plant safety. Currently, the U.S. Nuclear Regulatory Commission

(NRC)addresses these challenges by analyzing their scope, impact, and potential adverse plant interactions, and then conducting research on each safety-related topical issue identified through this analysis. Often, such analyses and research are performed under contracts that the NRC establishes with commercial entities, national laboratories, universities, and international research facilities. However, there may be advantages to alternative approaches such as establishing a single, integrated test facility with expertise in the areas of digital instrumentation and controls and human-machine interfaces (DIC&HMI). The NRC is conducting public workshops to review the current and future technical issues in the area of digital instrumentation and control and human-machine interface (I&C and HMI), to identify the capabilities that a facility or facilities would need to have to support their resolution. The workshop will review the capabilities of current facilities and consider lessons learned from their operation. Based on this information a set of options will be developed. Toward that end, the NRC invites stakeholders including those with existing capabilities, as well as others who may be interested in participating (such as national laboratories, universities, other Federal agencies, research and development centers, and vendors), to participate in the workshops. The workshops will seek to develop a consensus in the technical community regarding a set of overarching principles that should be met to ensure the success of any conceptual approaches discussed. Options may include relying on current facilities; upgrading current facilities; or developing a single, integrated facility. In addition, it is necessary to determine the number of organizations within the community that are interested in each option. Interested parties should note that the staff is working with Pacific Northwest National Laboratory, to develop additional information on experiences that other similar facilities have had, in order to learn from their successes and challenges. DISCUSSION: The NRC will hold two workshops to engage potentially interested stakeholders. The first workshop will be held on September 6-7, 2007, at the Clarion Hotel at Atlanta International Airport, which is located at 5010 Old National Highway in Atlanta, Georgia. This initial workshop will review, at a conceptual level the current and future technical issues in the area of digital instrumentation and control and human-machine interface (I&C and HMI) and will identify the capabilities that a facility or facilities would need to have to support their resolution. The workshop will review the capabilities of current facilities and consider lessons learned from their operation. Based on this information the workshop will develop a set of options for establishing additional capabilities, if needed, or ways to integrate current capabilities in a manner that creates synergies and efficiencies to support current and future needs of the technical community in the digital I&C and HMI areas. The second workshop will be held on September 11, 2007, at the Hilton Washington DC/Rockville Executive Meeting Center, which is located at 1750 Rockville Pike in Rockville, Maryland. This workshop will use information gathered at the Atlanta workshop regarding the additional capabilities (if any) that the community requires to address current and future Digital Instrumentation and Control (I&C) and Human Machine Interface

(HMI)issues and the facility options available to perform this work. The workshop will discuss at a conceptual level how each of the facility options could be managed. These management issues include potential participants, funding arrangements, conflict of interest

(COI)considerations, and siting. Additional information about both workshops can be obtained at *http://nrc-test-facility.pnl.gov.* Additionally, to promote the efficiency and effectiveness of these workshops, the NRC invites interested stakeholders to provide comments in the following areas:

(1)Which potential participants might be interested in joint participation, collaboration, and funding of such a facility, and to what extent might this include participants outside the nuclear industry?

(2)If the nuclear industry participates, how could conflict-of-interest issues be addressed?

(3)Do similar facilities currently exist and, if so, what can be learned from their successes and challenges?

(4)What siting options would be most viable (e.g., universities where integration with graduate studies might be encouraged, national laboratories, etc.), considering both cost and ease of technical information exchange?

(5)To what extent could such a facility be designed to be reconfigurable to the expected variety of plant control room and HMI designs?

(6)To what extent could such a facility be designed to also be used as an advanced reactor training simulator for NRC staff?

(7)What impediments, if any, might exist to limit information sharing among participants and external stakeholders?

(8)What could be the benefits, or adverse impacts, of existing and established international collaborative activities in this area?

(9)What could be the NRC's legal, budgetary, and oversight role?

(10)Would stakeholders potentially be interested in the establishment of a facility that would serve as a national technical center of excellence to support a wide range of agencies and industries that have needs and interests in the rapidly advancing areas of instrumentation and controls, digital safety systems, and human-machine interfaces? The workshop results and public comments received, along with other information developed as a result of the staff's discussions with interested stakeholders, will be used to support NRC decision making on this subject. AVAILABILITY AND DATES: Additional information is available through the NRC Test Facility Working Group Web page, at *http://nrc-test-facility.pnl.gov.* Comments would be most helpful if received by September 30, 2007. COMMENT PROCEDURES: The NRC staff encourages and welcomes stakeholder participation in the workshops, as well as submittal of related comments and suggestions from interested parties. Personal information, such as your name, address, telephone number, e-mail address, etc., will not be removed from your submission. You may submit comments by any of the following methods: • Mail comments to Leonard Bond, Ph.D, Pacific Northwest National Laboratory, P.O. Box 999, Mail Stop K5-26, Richland, WA 99352. • Provide comments on-line at *http://nrc-test-facility.pnl.gov.* • E-mail comments to *Leonard.Bond@pnl.gov.* CONTACT INFORMATION: General questions regarding this study or the related workshops should be addressed to Steven A. Arndt at

(301)415-6502 or by e-mail to *SAA@nrc.gov.* Dated at Rockville, Maryland, this 17 day of August, 2007. For the U.S. Nuclear Regulatory Commission. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. [FR Doc. E7-17299 Filed 8-30-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS-358] WTO Dispute Settlement Proceeding Regarding China—Certain Measures Granting Refunds, Reductions or Exemptions From Taxes and Other Payments AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative

(USTR)is providing notice that on July 12, 2007, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), the United States requested the establishment of a dispute settlement panel regarding certain Chinese measures granting refunds, reductions or exemptions to enterprises from taxes otherwise due the government. That request may be found at *www.wto.org* contained in a document designated as WT/DS358/13. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the consultations, comments should be submitted on or before October 5, 2007 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted

(i)electronically, to *FR0507@ustr.eop.gov,* with “China Prohibited Subsidies (DS358)” in the subject line, or

(ii)by fax, to Sandy McKinzy at

(202)395-3640, with a confirmation copy sent electronically to the electronic mail address above, in accordance with the requirements for submission set out below. FOR FURTHER INFORMATION CONTACT: Arun Venkataraman, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC.,

(202)395-5694. SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay Round Agreements Act

(URAA)(19 U.S.C. 3537(b)(1)), USTR is providing notice that the United States has requested the establishment of a WTO dispute settlement panel pursuant to the WTO *Understanding on Rules and Procedures Governing the Settlement of Disputes* (“DSU”). Such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established, which is requested to be on August 31, 2007. Major Issues Raised by the United States China maintains measures that provide refunds, reductions, or exemptions to enterprises in China from taxes otherwise due the government on the condition that those enterprises purchase domestic over imported goods. The United States believes that, as such, these measures are inconsistent with China's obligations under Article 3.1(b) and 3.2 of the A *greement on Subsidies and Countervailing Measures* (“SCM Agreement”). Furthermore, because they condition advantages on an enterprise's purchase of domestic over imported equipment, these measures appear to accord imported products treatment less favorable than that accorded “like” domestic products, inconsistent with Article III:4 of the *General Agreement on Tariffs and Trade 1994* and Article 2.1 and Annex 1, paragraph 1(a), of the *Agreement on Trade-Related Investment Measures* For the same reasons, these measures appear not to comply with China's obligations under paragraphs 7.2-7.3 and 10.3 of Part I of its Protocol of Accession and paragraph 1.2 of Part I of its Protocol of Accession (to the extent that it incorporates paragraph 203 of the Report of the Working Party on the Accession of China). China also maintains measures that grant refunds, reductions, or exemptions from taxes otherwise due to the government on the condition that the beneficiary enterprises meet certain export performance criteria. The United States believes that, as such, these measures are inconsistent with China's obligations under Article 3.1(a) and 3.2 of the SCM Agreement and, consequently, paragraph 10.3 of Part I of China's Protocol of Accession, and paragraph 1.2 of Part I of its Protocol of Accession (to the extent that it incorporates paragraph 167 of the Report of the Working Party on the Accession of China). Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments should be submitted

(i)electronically, to *FR0507@ustr.eop.gov,* with “China Prohibited Subsidies (DS358)” in the subject line, or

(ii)by fax, to Sandy McKinzy at

(202)395-3640, with a confirmation copy sent electronically to the electronic mail address above. USTR encourages the submission of documents in Adobe PDF format as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. Comments must be in English. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the commenter. Confidential business information must be clearly designated as such and “BUSINESS CONFIDENTIAL” must be marked at the top and bottom of the cover page and each succeeding page. Persons who submit confidential business information are encouraged also to provide a non-confidential summary of the information. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter—

(1)Must clearly so designate the information or advice;

(2)Must clearly mark the material as “SUBMITTED IN CONFIDENCE” at the top and bottom of the cover page and each succeeding page; and

(3)Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, the submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel and, if applicable, the report of the Appellate Body. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the public file (Docket WTO/DS-358, China Prohibited Subsidies Dispute) may be made by calling the USTR Reading Room at

(202)395-6186. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E7-17357 Filed 8-30-07; 8:45 am] BILLING CODE 3190-W7-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS-360] WTO Dispute Settlement Proceeding Regarding India—Additional and Extra Additional Duties on Imports AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for comments. SUMMARY: The Office of the United States Trade Representative

(USTR)is providing notice that in accordance with the *Marrakesh Agreement Establishing the World Trade Organization* (WTO Agreement), the United States has requested the establishment of a dispute settlement panel regarding additional and extra additional duties India applies to imports from the United States. India applies these duties to products that include, but are not limited to, imports of wines and distilled spirits. That request may be found at *www.wto.org* contained in a document designated as WT/DS360/5. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the dispute, comments should be submitted on or before September 14, 2007 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted

(i)electronically, to *FR0706@ustr.eop.gov,* with “India Alcohol Duties (DS/360)” in the subject line, or

(ii)by fax, to Sandy McKinzy at

(202)395-3640, with a confirmation copy sent electronically to the electronic mail address above, in accordance with the requirements for submission set out below. FOR FURTHER INFORMATION CONTACT: Amy A. Karpel, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508,

(202)395-3150. SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay Round Agreements Act

(URAA)(19 U.S.C. 3537(b)(1)), USTR is providing notice that the United States has requested the establishment of a WTO dispute settlement panel pursuant to the WTO *Understanding on Rules and Procedures Governing the Settlement of Disputes* (DSU). Such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established. Major Issues Raised by the United States India imposes an additional duty and an extra additional duty on imports from the United States. India applies these duties to products that include, but are not limited to, imports of wines and distilled spirits. These duties appear to subject imports to ordinary customs duties or other duties or charges in excess of those in India's WTO Tariff Schedule. These duties include the following, as well as any amendments and related or implementing measures: • Sections 2 and 3, and First Schedule, of the Customs Tariff Act, 1975; (“basic customs duty,” “additional duty” and “extra additional duty”) • Section 12 of the Customs Act, 1962 (“basic customs duty”) • Customs Notification No. 5/2004 (January 8, 2004) (“basic customs duty” inter alia on spirits); • Customs Notification No. 20/1997 (March 1, 1997) (“basic customs duty” inter alia on wine); • Customs Notification No. 32/2003 (March 1, 2003) (“additional duty” inter alia on wine and spirits); and • Customs Notification No. 19/2006 (March 1, 2006) (“extra additional duty” inter alia on wine and spirits). As a result of the duties, products from the United States do not appear to be exempt from ordinary customs duties or other charges in excess of those set forth in India's WTO Tariff Schedule and appear to be accorded less favorable treatment than that provided in India's WTO Tariff Schedule. Even if these duties were considered to be internal taxes applied at the time of importation, the duties appear to subject imports from the United States to internal taxes in excess of those applied to like domestic products or directly competitive or substitutable domestic products. USTR believes these measures are inconsistent with India's obligations under Article II:1(a) and (b), Articles III:2 and III:4 of the General Agreement on Tariffs and Trade 1994. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments should be submitted

(i)electronically, to *FR0706@ustr.eop.gov,* with “India Alcohol Duties (DS360)” in the subject line, or

(ii)by fax, to Sandy McKinzy at

(202)395-3640, with a confirmation copy sent electronically to the electronic mail address above. USTR encourages the submission of documents in Adobe PDF format as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. Comments must be in English. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the commenter. Confidential business information must be clearly designated as such and BUSINESS CONFIDENTIAL must be marked at the top and bottom of the cover page and each succeeding page. Persons who submit confidential business information are encouraged to also provide a non-confidential summary of the information. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter—

(1)Must clearly so designate the information or advice;

(2)Must clearly mark the material as “SUBMITTED IN CONFIDENCE” at the top and bottom of the cover page and each succeeding page; and

(3)Is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, the submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel and, if applicable, the report of the Appellate Body. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the public file (Docket WTO/DS-340, China Auto Parts Dispute) may be made by calling the USTR Reading Room at

(202)395-6186. Daniel E. Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E7-17358 Filed 8-30-07; 8:45 am] BILLING CODE 3190-W7-P OFFICE OF PERSONNEL MANAGEMENT Federal Salary Council AGENCY: Office of Personnel Management. ACTION: Notice of meeting. SUMMARY: The Federal Salary Council will meet at the time and location shown below. The Council is an advisory body composed of representatives of Federal employee organizations and experts in the fields of labor relations and pay policy. The Council makes recommendations to the President's Pay Agent (the Secretary of Labor and the Directors of the Office of Management and Budget and the Office of Personnel Management) about the locality pay program for General Schedule employees under section 5304 of title 5, United States Code. The Council's recommendations cover the establishment or modification of locality pay areas, the coverage of salary surveys, the process of comparing Federal and non-Federal rates of pay, and the level of comparability payments that should be paid. The Council will review the results of pay comparisons and formulate its recommendations to the President's Pay Agent on pay comparison methods, locality pay rates, and locality pay area boundaries for 2009. The Council anticipates it will complete its work for this year at this meeting and has not scheduled any additional meetings for 2007. The public may submit written materials about the locality pay program to the Council at the address shown below. The meeting is open to the public. DATES: October 3, 2007, at 10 a.m. *Location:* Office of Personnel Management, 1900 E Street, NW., Room 7310, Washington, DC. FOR FURTHER INFORMATION CONTACT: Charles D. Grimes III, Deputy Associate Director for Performance and Pay Systems, Office of Personnel Management, 1900 E Street, NW., Room 7H31, Washington, DC 20415-8200. Phone

(202)606-2838; Fax

(202)606-4264; or e-mail at *pay-performance-policy@opm.gov.* For the President's pay agent: Linda M. Springer, Director. [FR Doc. E7-17221 Filed 8-30-07; 8:45 am] BILLING CODE 6325-39-P RAILROAD RETIREMENT BOARD Correction to Agency Forms Submitted for OMB Review, Request for Comments SUMMARY: In the document appearing on page 47086, FR Doc. E7-16592, Agency Forms Submitted for OMB Review, Request for Comments dated August 22, 2007, the Railroad Retirement Board is making a correction to the Item titled “Changes Proposed”. As published, the document contains an error that may be misleading to the public. Correction of Publication: The Item titled “Changes Proposed” which reads “The RRB proposed no changes to Form UI-45”, is corrected to read “The RRB proposes no changes to Form UI-1e”. Charles Mierzwa, Clearance Officer. [FR Doc. E7-17273 Filed 8-30-07; 8:45 am] BILLING CODE 7905-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56322; File No. SR-Amex-2007-59] Self-Regulatory Organizations; American Stock Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish a Process for the Waiver, Deferral, or Rebate of Initial Listing Fees for Certain Securities That Transfer From Another National Securities Exchange August 27, 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 August 10, 2007, the American Stock Exchange, LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Amex. The Exchange has designated this proposal as a “non-controversial” proposed rule change under Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Section 140 of the Amex *Company Guide* (the “ *Company Guide* ”) to provide a process for the deferral, waiver, or rebate of all or any part of the initial listing fee applicable to index fund shares, trust-issued receipts, commodity-based trust shares, currency trust shares, paired trust shares, and partnership units that transfer to the Amex. The text of the proposed rule change is available at Amex, the Commission's Public Reference Room, and *http://www.amex.com.* 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 Section 140 of the *Company Guide* currently provides that index fund shares (defined as securities listed under Amex Rule 1000A-AEMI), trust-issued receipts (defined as securities listed under Amex Rule 1200-AEMI), commodity-based trust shares (defined as securities listed under Amex Rule 1200A-AEMI), currency trust shares (defined as securities listed under Amex Rule 1200B-AEMI), paired trust shares (defined as securities listed under Amex Rule 1400), and partnership units (defined as securities listed under Amex Rule 1500-AEMI) 5 initially listed on the Amex are subject to a $5,000 initial listing fee for each series. The Securities are not subject to the initial listing application processing fee. The Exchange is proposing to amend Section 140 of the *Company Guide* to provide that the Board of Governors of the Exchange (the “Board”) or its designee may, in its discretion, defer, waive, or rebate all or any part of the $5,000 initial listing fee applicable to Securities that transfer from another marketplace to the Amex ( *i.e.* , the issue becomes listed on Amex and ceases to be listed on the other exchange). 5 Index fund shares, trust-issued receipts, commodity-based trust shares, currency trust shares, paired trust shares, and partnership units are collectively referred to in this filing as the “Securities.” The Board or its designee currently has the authority to defer, waive, or rebate all or any part of the initial listing fees applicable to stocks, bonds, and warrants 6 and to closed-end funds that transfer to the Amex from another marketplace. 7 The Exchange believes that the extension of such authority to Securities that transfer to the Amex will enable the Exchange to respond to specific competitive situations. This is particularly important given the fee waivers currently offered by other markets to transferring issuers. For example, the New York Stock Exchange (“NYSE”) recently amended its Listed Company Manual to remove initial listing fees payable in connection with transfers of any equity security, structured product, or closed-end management investment company listed on another exchange. 8 Similarly, the Nasdaq Stock Market (“NASDAQ”) has waived initial listing fees with respect to any security being transferred from another exchange. 9 6 *See* Securities Exchange Act Release No. 50270 (August 26, 2004), 69 FR 53750 (September 2, 2004) (SR-Amex-2004-70). 7 *See* Securities Act Release No. 52408 (September 12, 2005), 70 FR 54971 (September 19, 2005) (SR-Amex-2005-024). 8 *See* Securities Exchange Act Release No. 55314 (February 20, 2007), 72 FR 8823 (February 27, 2007) (SR-NYSE-2007-17). 9 *See* Securities Exchange Act Release No. 51004 (January 10, 2005), 70 FR 2917 (January 18, 2005) (SR-NASD-2004-140). The proposed authority to defer, waive, or rebate the $5,000 initial listing fee applicable to transferring Securities could be exercised only by the Board or its designee. The Board has delegated this authority to a staff committee which presently has the authority to defer, waive, or rebate initial listing fees for transferring closed-end funds. 10 The committee is comprised of management representatives from the Office of the Chairman and the ETF Marketplace, Finance, and Listing Qualifications Departments. 11 The committee composition is intended to ensure that fee deferral, waiver, and rebate requests receive an appropriate degree of scrutiny and are only granted under circumstances in which a reduction is warranted for competitive reasons. While the Exchange expects that the potential deferral, waiver, or rebate of the initial listing fee applicable to Securities will be attractive to issuers considering listing on the Exchange, it is contemplated that such deferrals, waivers, or rebates would be granted only infrequently to attract an important listing that is likely to generate significant transaction fee revenue. 12 The proposed rule change will not affect the Exchange's commitment of resources to its regulatory oversight of the listing process or other regulatory programs. Specifically, issuers of Securities that benefit from any deferral, waiver, or rebate will be reviewed for compliance with Exchange listing standards in the same manner as any other issuer that applies to be listed on the Exchange. 10 *See supra,* note 7. 11 An affirmative vote of a majority of the committee members attending a particular meeting (subject to a three-person quorum requirement) would be necessary for deferrals, waivers, or rebates. 12 If the committee determines to defer, waive, or rebate listing fees in a comprehensive and/or recurring manner that would constitute a stated policy, practice, or interpretation of an existing rule, the Exchange would file an additional rule change pursuant to Rule 19b-4(f)(1) with respect such policy, practice, or interpretation. 2. Statutory Basis The Exchange believes that its proposed rule change is consistent with Section 6(b) of the Act 13 in general, and furthers the objectives of Section 6(b)(4) of the Act 14 in particular, in that it will provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities. 13 15 U.S.C. 78f(b). 14 15 U.S.C. 78f(b)(4). 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. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received by the Exchange. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 15 and Rule 19b-4(f)(6) thereunder. 16 Because the Exchange has designated the foregoing proposed rule as one that:

(i)Does not significantly affect the protection of investors or the public interest;

(ii)does not impose any significant burden on competition; and

(iii)does not become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder. 17 15 15 U.S.C. 78s(b)(3)(A). 16 17 CFR 240.19b-4(f)(6). 17 The Exchange provided written notice to the Commission 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, as is required by Rule 19b-4(f)(6)(iii). The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that doing so is consistent with the protection of investors and the public interest because the proposal does not raise any novel regulatory issues. The proposed rule is substantially similar to provisions in Nasdaq Rules 4510(a) and 4520(a) and Section 902.02 of the NYSE Listed Company Manual. 18 For these reasons, the Commission designates the proposal to be operative upon filing with the Commission. 19 18 *See supra,* notes 8-9. 19 For 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). 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. 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 *rule-comments@sec.gov* . Please include File Number SR-Amex-2007-59 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-Amex-2007-59. 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 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 the filing also will be available for inspection and copying at the principal office of the Amex. 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-Amex-2007-59 and should be submitted on or before September 21, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 20 20 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-17272 Filed 8-30-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56325; File No. SR-Amex-2007-90] Self-Regulatory Organizations; American Stock Exchange, LLC; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1, To Establish a Fee on a Listed Company That Changes Its Corporate Name or Ticker Symbol August 27, 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 August 16, 2007, the American Stock Exchange, LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by Amex. On August 27, 2007, the Exchange submitted Amendment No. 1 to the proposed rule change. 3 The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Amendment No. 1, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 1 made technical corrections to Exhibits 1 and 5 of the original filing. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Section 142 of the Amex *Company Guide* in order to impose a fee on a listed company that changes its name or ticker symbol. The text of the proposed rule change is available at *http://www.amex.com* , at the Exchange, and at the Commission's Public Reference Room. 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 Pursuant to Sections 140 and 141 of the Amex *Company Guide* , the Exchange charges issuers initial and annual listing fees, respectively, based on the number of listed shares. Additional listing fees are also imposed if an issuer lists more shares of a listed class of securities. Amex rules also provide for a fee when a company effects a “substitution listing,” which consists of reclassifying, changing, or exchanging the listed security into or for another security. The Nasdaq Stock Market (“Nasdaq”) charges similar fees upon the occurrence of the same type of events. 4 In addition to the fees described above, Nasdaq imposes fees on issuers for name and symbol changes, as well as for changes in par value, title, or security designation. 5 4 *See* Nasdaq Rules 4510 and 4520. 5 *See id* . Currently, the Amex does not impose a separate fee for name and symbol changes. In the event of an issuer name or symbol change, the Amex Corporate Actions Group 6 must process the documentation required to modify Exchange records. The process of effecting such changes includes, among other things, contacting the issuer's outside counsel, updating internal Amex files, tracking the name change through the issuer's shareholder approval process, updating daily list records and notifying the Floor. In the event of a symbol change, an Amex employee must also contact the other exchanges to determine whether the symbol is available. If the symbol is not available the employee must contact each exchange again with an alternate symbol. This process can take a few days to complete. 6 The Corporate Actions Group is part of the Listing Qualifications Department. During 2005 and 2006, the Amex processed approximately 90 name and/or symbol changes. 7 In light of the staff resources required to effectuate these changes, the Exchange proposes to impose a $2,000 fee for name and/or symbol changes. The proposed fee would not apply to changes to par value, title, or security designation, as these types of changes occur infrequently, and in virtually all cases constitute a substitution listing which is already subject to a fee of at least $5,000. 7 Three of the 90 changes were changes to the issuer's symbols only. The Exchange believes that the proposal is equitable as required by Section 6(b)(4) of the Act. 8 Nasdaq currently charges $2,500 for the same type of change. 9 Accordingly, the Amex believes that the imposition of a $2,000 fee is reasonable given the Exchange resources necessary to implement and disseminate these changes. The Exchange further submits that the proposal is substantially similar to a comparable Nasdaq fee. 8 Section 6(b)(4) of the Act states that the rules of a national securities exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities. 9 *See supra* , note 4. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 10 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act 11 in particular, in that the proposed rule change is designed to provide an equitable allocation of dues, fees, and other charges among members and issuers and other persons using the Exchange's facilities, and is designed to remove impediments to and perfect the mechanism of a free and open market and a national market system, and is not designed to permit unfair discrimination between issuers. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(4) and 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in 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 Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the Exchange consents, the Commission will:

(A)By order approve such proposed rule change, or

(4)of this Commentary .01 permits the listing of individual equity options on both “covered” and “uncovered” underlying securities. 4 In the case of an underlying security that is a “covered security” as defined under section 18(b)(1)(A) of the 1933 Act, the closing market price of the underlying security must be at least $3 per share for the five

(5)previous consecutive business days prior to the date on which the Amex submits an option class certification to The Options Clearing Corporation (“OCC”). 5 In connection with underlying securities deemed to be “uncovered,” Exchange rules require that such underlying security be at least $7.50 for the majority of business days during the three

(3)calendar months preceding the date of selection for such listing. In addition, an alternative listing procedure for “uncovered” securities also permits the listing of such options so long as:

(1)The underlying security meets the guidelines for continued approval contained in Amex Rule 916;

(2)options on such underlying security are traded on at least one other registered national securities exchange; and

(3)the average daily trading volume (“ADTV”) for such options over the last three calendar months preceding the date of selection has been at least 5,000 contracts. Paragraphs

(1)through

(3)of Commentary .01 to Rule 915 further set forth minimum requirements for an underlying security such as shares outstanding, number of holders and trading volume. 4 Section 18(b)(1)(A) of the Securities Act of 1933 (“1933 Act”) provides that “[a] security is a covered security if such security is listed, or authorized for listing, on the New York Stock Exchange or the American Stock Exchange, or listed or authorized for listing, on the National Market System of the Nasdaq Stock Market (or any successor to such entities) * * *.” *See* 15 U.S.C. 77r(b)(1)(A). 5 For purposes of this proposal, the market price of an underlying security is measured by the closing price reported in the primary market in which the underlying security is traded. *See* proposed Commentary .01(4) to Amex Rule 915. The existing alternative listing procedure was originally adopted by the Exchange in 2002. At that time, the Commission permitted the Amex to eliminate the $7.50 standard (currently $3 for covered securities) for an underlying security when such option is otherwise listed and traded on another options exchange and has an ADTV over the last three

(3)calendar months of at least 5,000 contracts. The Exchange submits that the alternative listing procedure has limited usefulness. The options exchange (or exchanges) that may be fortunate enough to list an option that at first met the original listing standards but subsequently fails to do so, is provided a trading monopoly inconsistent with the multiple trading of options, fostering competition and the maintenance of a national market system. Under the proposal, an option may be multiply-listed and traded as long as one other options exchange is trading the particular option and such underlying security of the option meets existing continued listing guidelines or requirements. The Amex notes that the requirements for listing additional series of an existing listed option ( *i.e.* , continued listing guidelines) are less stringent, largely because, in total, the Exchange's guidelines assure that options will be listed and traded on securities of companies that are financially sound and subject to adequate minimum standards. The Amex believes that although the continued listing requirements are uniform among the options exchanges, the application of both the original and continued listing standards in the current market environment have had an anti-competitive effect. Specifically, the Exchange notes that on several occasions it has been unable to list and trade options classes that trade elsewhere because the underlying security of such option did not at that time meet original listing standards. However, the other options exchange(s) may continue to trade such options (and list additional series) based on the lower maintenance listing standards, while the Amex may not list any options on such underlying security. This clearly is anti-competitive and inconsistent with the aims and goals of a national market system in options. To address this situation, the Exchange proposes to add new Commentary .01(6) to Amex Rule 915 and amend the alternative original listing requirement set forth in Commentary .01(4) to Amex Rule 915. Specifically, Commentary .01(6) would be added to provide that notwithstanding that a particular underlying security may not meet the requirements set forth in Paragraphs 1 through 4 of Commentary .01 to Amex Rule 915, the Exchange nonetheless could list and trade an option on such underlying security if:

(i)The underlying security meets the guidelines for continued listing in Amex Rule 916; and

(ii)options on such underlying security are listed and traded on at least one other registered national securities exchange. Commentary .01(4)(b) would be amended to delete reference to the alternative original listing guideline for “uncovered” securities. In connection with the proposed changes, the Exchange represents that the procedures currently employed to determine whether a particular underlying security meets the initial listing criteria will similarly be applied to the continued listing criteria. Amex believes that this proposal is narrowly tailored to address the circumstances where an options class is currently ineligible for listing on the Amex while at the same time, such option is trading on another options exchange(s). The Amex notes that when an underlying security meets the maintenance listing guidelines and at least one other exchange lists and trades options on the underlying security, the option is available to the investing public. Therefore, the Amex notes that the current proposal will not introduce any inappropriate additional listed options classes. The Exchange submits that the adoption of the proposal is essential for competitive purposes and to promote a free and open market for the benefit of investors. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) 6 of the Act, in general, and furthers the objectives of Section 6(b)(5), 7 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, protect investors and the public interest. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change will impose no 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 Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the self-regulatory organization consents, the Commission will:

(A)By order approve such proposed rule change, or

(B)institute proceedings to determine whether the proposed rule change should be disapproved. 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 *rule-comments@sec.gov.* Please include File Number SR-Amex-2007-48 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-Amex-2007-48. 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 at ( *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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Amex. 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-Amex-2007-48 and should be submitted on or before September 21, 2007. 8 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 8 Nancy M. Morris, Secretary. [FR Doc. E7-17354 Filed 8-30-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56321; File No. SR-FINRA-2007-003] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend NASD Rules 4632C, 6130C and 6130 August 24, 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 August 3, 2007, the Financial Industry Regulatory Authority, Inc. (“FINRA”) (f/k/a National Association of Securities Dealers, Inc. (“NASD”)) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been substantially prepared by FINRA. FINRA has designated the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which rendered the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA proposes to amend NASD Rules 4632C and 6130C relating to the NASD/NSX Trade Reporting Facility (the “NASD/NSX TRF”) to reflect certain changes in the facility's functionality and to conform, to the extent practicable, to the trade reporting rules relating to FINRA's other Trade Reporting Facilities (the “TRFs”). 5 FINRA also is proposing to amend NASD Rule 6130(a) to clarify that the NASD/Nasdaq Trade Reporting Facility (the “NASD/Nasdaq TRF”) and the OTC Reporting Facility will compare and submit to the National Securities Clearing Corporation (“NSCC”) trades reported as other than regular way settlement. 5 Effective July 30, 2007, FINRA was formed through the consolidation of NASD and the member regulatory functions of NYSE Regulation. Accordingly, the NASD/NSX TRF is now doing business as the FINRA/NSX TRF. The formal name change of each TRF is pending and once completed, FINRA will file a separate proposed rule change to reflect those changes in the Manual. The text of the proposed rule change is available at the FINRA, the Commission's Public Reference Room, and *http://www.finra.org.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA 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. FINRA 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 TRFs, 6 including the NASD/NSX TRF, provide members mechanisms for reporting trades in exchange-listed securities executed otherwise than on an exchange. Currently, the functionality offered by the NASD/NSX TRF differs from the functionality offered by some of the other TRFs and, as a result, the rules relating to the NASD/NSX TRF differ from the rules relating to the other TRFs. Specifically, pursuant to NASD Rule 4632C(a)(8), the NASD/NSX TRF does not accept trade reports for Stop Stock Transactions (as such term is defined in Rule 4200C), transactions occurring at prices based on average-weighting or other special pricing formulae or transactions that reflect a price different from the current market when the execution price is based on a prior reference point in time. In addition, pursuant to NASD Rule 6130C(a), the NASD/NSX TRF does not accept trades reported as other than regular way settlement (i.e., Cash, Next Day and Seller's Option). Under the current rules, members must use an alternative electronic mechanism to report these transactions to FINRA. 6 In addition to the NASD/NSX TRF, there are three other TRFs in operation: the NASD/Nasdaq TRF, the NASD/BSE Trade Reporting Facility (the “NASD/BSE TRF”) and the NASD/NYSE Trade Reporting Facility (the “NASD/NYSE TRF”). As noted in footnote 5 above, the formal name change of each TRF is pending. FINRA is proposing to expand the NASD/NSX TRF's functionality such that members will be able to report the above-described transactions to the NASD/NSX TRF. FINRA is proposing to amend NASD Rules 4632C and 6130C to reflect this change in functionality and conform, to the extent practicable, the NASD/NSX TRF rules to the rules relating to the other TRFs. FINRA also is proposing to amend NASD Rule 6130(a) to clarify that the “System” (defined in Rule 6110 to include the NASD/Nasdaq TRF and the OTC Reporting Facility) will compare and submit to NSCC trades reported as other than regular way settlement. This amendment is consistent with current practice and reflects recent changes in the way that such trades are processed by NSCC. 7 Additionally, this amendment conforms the text of NASD Rule 6130(a) to the text of amended NASD Rule 6130C(a), to the extent practicable. 8 7 *See* Securities Exchange Release No. 54816 (November 27, 2006), 71 FR 69604 (December 1, 2006) (order approving SR-NSCC-2006-09). 8 The corresponding rules relating to the other TRFs differ in this regard. NASD Rule 6130D(a) provides that trades reported as other than regular way settlement will not be accepted by the NASD/BSE TRF. NASD Rule 6130E(a) provides that trades reported as other than regular way settlement will be accepted by the NASD/NYSE TRF, but will not be submitted to clearing. The NASD/NYSE TRF will not submit any trades (including regular way settlement trades) to clearing; members must have a Qualified Service Representative (“QSR”) agreement or similar arrangement in place to clear trades submitted to the NASD/NYSE TRF. FINRA has filed the proposed rule change for immediate effectiveness. FINRA will announce the operative date of the proposed rule change on its Web site, which date will be at least 30 days after the date of filing. 2. Statutory Basis FINRA believes that its proposal is consistent with the provisions of Section 15A(b)(6) of the Act, 9 which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. FINRA believes that the proposed rule change is in the public interest and appropriate for the maintenance of fair and orderly markets because it will provide members another mechanism to report the types of trades described above with the necessary regulatory information. 9 15 U.S.C. 78o-3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition FINRA 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 either solicited or 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 10 and Rule 19b-(f)(6) thereunder, 11 because the foregoing proposed rule does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. FINRA believes that the proposed rule change is appropriately designated as a “non-controversial” rule change because the proposal is substantially similar to the trade reporting requirements for the other TRFs. 12 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) also requires the self-regulatory organization to give the Commission 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. FINRA has satisfied the five-day pre-filing requirement. 12 *See, e.g.* , NASD Rules 4632 and 6130 (relating to the NASD/Nasdaq TRF), 4632D and 6130D (relating to the NASD/BSE TRF) and 4632E and 613E (relating to the NASD/NYSE TRF). 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. 13 13 *See* 15 U.S.C. 78s(b)(3)(C). 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 *rule-comments@sec.gov.* Please include File Number SR-FINRA-2007-003 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-FINRA-2007-003. 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 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 am and 3 pm. Copies of the filing also will be available for inspection and copying at the principal office of FINRA. 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-FINRA-2007-003 and should be submitted on or before September 21, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-17271 Filed 8-30-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56324; File No. SR-ISE-2007-72] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To List and Trade Options on the iShares Emerging Markets Index Fund for a Six Month Pilot Program August 27, 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 August 24, 2007, the International Securities Exchange, LLC (the “Exchange” or the “ISE”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by ISE. On August 27, 2007, the Exchange filed Amendment No. 1 to the proposed rule change (“Amendment No. 1”). The Exchange has filed the proposal pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to list and trade options on the iShares MSCI Emerging Markets Index Fund for a six month pilot period. ISE is not proposing any changes to the rules of the Exchange. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, ISE 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. ISE 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 obtain approval to list for trading on the Exchange options on the iShares MSCI Emerging Markets Index Fund (“Fund”) for a six month pilot period. The Exchange currently has in place initial listing and maintenance standards set forth in ISE Rules 502(h) and 503(h), respectively (the “Listing Standards”), that are designed to allow the Exchange to list funds structured as open-end investment companies such as the Fund without having to file for Commission approval to list for trading options on the fund. 5 The Exchange submits that the Fund meets substantially all of the Listing Standard requirements, and for the requirements that are not met, sufficient mechanisms exist that would provide the Exchange with adequate surveillance and regulatory information with respect to the Fund. 5 ISE Rules 502(h) and 503(h) set forth the initial listing and maintenance standards for registered investment companies (or series thereof) organized as open-end management investment companies, unit investment trusts, or other similar entities that are traded on a national securities exchange or through the facilities of a national securities exchange. The Fund is an open-end investment company designed to hold a portfolio of securities that tracks the MSCI Emerging Markets Index (“Index”). 6 The Fund employs a “representative sampling” methodology to track the Index, which means that the Fund invests in a representative sample of securities in the Index that have a similar investment profile as the Index. 7 Securities selected by the Fund have aggregate investment characteristics (based on market capitalization and industry weightings), fundamental characteristics (such as return variability, earnings valuation, and yield) and liquidity measures similar to those of the Index. The Fund generally invests at least 90% of its assets in the securities of the Index or in American Depositary Receipts (“ADRs”) and Global Depositary Receipts (“GDRs”) representing such securities. In order to improve portfolio liquidity, give the Fund additional flexibility to comply with the requirements of the U.S. Internal Revenue Code and other regulatory requirements, and to manage future corporate actions and index changes in smaller markets, the Fund also has the authority to invest the remainder of its assets in securities that are not included in the Index or in ADRs and GDRs representing such securities. The Fund may invest up to 10% of its assets in other MSCI index funds that seek to track the performance of equity securities of constituent countries of the Index. The Fund is not permitted to concentrate its investments ( *i.e.* , hold 25% or more of its total assets in the stocks of a particular industry or group of industries), except that, to the extent practicable, the Fund will concentrate to approximately the same extent that the Index concentrates in the stocks of such particular industry or group of industries. The Exchange believes that these requirements and policies prevent the Fund from being excessively weighted in any single security, or small group of securities, and significantly reduce concerns that trading in the Fund could become a surrogate for trading in unregistered securities. 6 As provided on the Web site of Morgan Stanley Capital International Inc. (“MSCI”) ( *www.msci.com* ), which is the entity that created and currently maintains the Index, the Index is a capitalization-weighted index whose component securities are adjusted for available float and must meet objective criteria for inclusion in the Index. The Index aims to capture 85% of the publicly available total market capitalization in each emerging market included in the Index. As of August 17, 2007, the Index was comprised of 839 constituents with the top five constituents representing the following weights: 3.63%, 2.52%, 2.01%, 1.96%, and 1.40%. The Index is rebalanced quarterly, calculated in U.S. Dollars on a real time basis, and disseminated every 60 seconds during market trading hours. 7 The Fund is comprised of 284 securities as of July 31, 2007. POSCO ADR, a South Korean security, has the greatest individual weight at 4.12%. The aggregate percentage weighting of the top 5, 10, and 20 securities in the Fund are 16.54%, 25.56%, and 40.03%, respectively. Shares of the Fund (“Fund Shares”) are issued in exchange for an “in kind” deposit of a specified portfolio of securities, together with a cash payment, in minimum aggregation size of 150,000 shares (each, a “Creation Unit”), as set forth in the Fund's prospectus. The Fund issues and sells Fund Shares in Creation Unit sizes through a principal underwriter on a continuous basis at the net asset value per share next determined after an order to purchase Fund Shares and the appropriate securities are received. Following issuance, Fund Shares are traded on an exchange like other equity securities, and equity trading rules apply. Likewise, redemption of Fund Shares is made in Creation Unit size and “in kind,” with a portfolio of securities and cash exchanged for Fund Shares that have been tendered for redemption. The Exchange notes that the maintenance listing standards set forth in ISE Rule 503(h) for open-end investment companies do not include criteria based on either the number of shares or other units outstanding, or on their trading volume. The absence of such criteria is justified on the ground that since it should always be possible to create additional shares or other interests in open-end investment companies at their net asset value by making an in-kind deposit of the securities that comprise the underlying index or portfolio, there is no limit on the available supply of such shares or interests. This, in turn, should make it highly unlikely that the market for listed, open-end investment company shares could be capable of manipulation, since whenever the market price for such shares departs from net asset value, arbitrage will occur. Similarly, since the Fund meets all of the requirements of the Listing Standards except as described below, the Exchange believes that the same analysis applies to the Fund. The Exchange has reviewed the Fund and determined that it satisfies the Listing Standards except for the requirement set forth in ISE Rule 502(h)(1), which requires the Fund to meet the following condition: “Any non-U.S. component stocks in the index or portfolio on which the Fund Shares are based that are not subject to comprehensive surveillance agreements do not in the aggregate represent more than 50% of the weight of the index or portfolio.” The Exchange currently has in place surveillance agreements with foreign exchanges that cover 45.97% of the securities in the Fund. One of the foreign exchanges on which component securities of the Fund are traded and with which the Exchange does not have a surveillance agreement is the Bolsa Mexicana de Valores (“Bolsa”). The percentage of the weight of the Fund represented by these securities is 6.53%. The Exchange understands that the Commission has been willing to allow an exchange to rely on a memorandum of understanding entered into between regulators in the event that the exchanges themselves cannot enter into a surveillance agreement. The Exchange further understands that the American Stock Exchange (“Amex”) has previously attempted to enter into a surveillance agreement with Bolsa as part of seeking approval to list and trade options on the Mexico Index. 8 The Chicago Board Options Exchange (“CBOE”) has also previously attempted to enter into a surveillance agreement with Bolsa at or about the time when the CBOE sought approval to list for trading options on the CBOE Mexico 30 Index in 1995, which was comprised of stocks trading on Bolsa. 9 Since, in both instances, Bolsa was unable to provide a surveillance agreement, the Commission previously allowed both Amex and CBOE to rely on the memorandum of understanding executed by the Commission and the CNBV, dated as of October 18, 1990 (“MOU”). The Commission noted in the respective Approval Orders that in cases where it would be impossible to secure an agreement, the Commission relied in the past on surveillance sharing agreements between the relevant regulators. The Commission further noted in the respective Approval Orders that pursuant to the terms of the MOU, it was the Commission's understanding that both the Commission and the CNBV could acquire information from, and provide information to, the other, similar to that which would be required in a surveillance sharing agreement between exchanges; and therefore, should Amex or CBOE need information on Mexican trading in the component securities of the Mexico Index or the CBOE Mexico 30 Index, the Commission could request such information from the CNBV under the MOU. 10 8 *See* Securities Exchange Act Release No. 34500 (August 8, 1994), 59 FR 41534 (August 12, 1994). 9 *See* Securities Exchange Act Release No. 36415 (October 25, 1995), 60 FR 55620 (November 1, 1995). 10 The Commission has also previously noted if securing an information sharing agreement is not possible, an exchange should contact the Commission prior to listing a new derivative securities product. In such case, the Commission may determine instead that it is appropriate to rely on a memorandum of understanding between the Commission and the foreign regulator. *See* Securities Exchange Act Release No. 40761 (December 8, 1998), 63 FR 70952 (December 22, 1998). The Exchange has also recently contacted Bolsa with a request to enter into a surveillance agreement. Until such time that the Exchange is able to secure a surveillance agreement with Bolsa, the Exchange proposed to rely on the MOU entered into between the Commission and the CNBV for purposes of satisfying its surveillance and regulatory responsibilities for the component securities in the Fund that trade on Bolsa. The Exchange believes this proposal is reasonable in that the Commission has already acknowledged that the MOU permits both the Commission and the CNBV to acquire information from and provide information to the other, similar to that which would be required in a surveillance sharing agreement between exchanges. This proposal would otherwise render the Fund compliant with all of the Listing Standards. 11 11 The Exchange notes that the component securities of the Fund change periodically. Therefore, the Exchange may in fact have in place surveillance agreements that would otherwise cover the percent weighting requirements set forth in the Listing Standards for securities not trading on Bolsa. In this event, the Fund would satisfy all of the Listing Standards and reliance on an approval order for the Fund would be unnecessary. The Exchange proposes to list options on the Fund for a six month pilot program until February 27, 2008 and rely on the MOU entered into between the Commission and the CNBV for purposes of satisfying its surveillance and regulatory responsibilities until the Exchange is able to secure a surveillance agreement with Bolsa. During this period, the Exchange agrees to use its best efforts to obtain a comprehensive surveillance agreement with Bolsa, which shall reflect the following:

(i)Express language addressing market trading activity, clearing activity, and customer identity;

(ii)Bolsa's reasonable ability to obtain access to and produce requested information; and

(iii)based on the comprehensive surveillance agreement and other information provided by Bolsa, the absence of existing rules, laws, or practices that would impede the Exchange from foreign information relating to market activity, clearing activity, or customer identity, or, in the event such rules, laws, or practices exist, they would not materially impede the production of customer or other information. The Exchange also represents that it will regularly update the Commission on the status of its negotiations with Bolsa. 12 12 The Exchange further represents that it is currently engaged in discussions to enter into information sharing agreements with certain other exchanges, and that upon signing such agreements, ISE will no longer need to rely on the Commission's MOU with the CNBV. *See* Amendment No. 1. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act 13 in general, and furthers the objectives of Section 6(b)(5) of the Act, 14 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 regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Further, this proposed rule change is similar to proposals previously submitted by Amex and CBOE. 15 13 15 U.S.C. 78f(b). 14 15 U.S.C. 78f(b)(5). 15 *See* Securities Exchange Act Release Nos. 53824 (May 17, 2006), 71 FR 30003 (May 24, 2006) (Approving SR-AMEX-2006-43); 56321 (April 10, 2006), 71 FR 19568 (April 14, 2006) (Approving SR-CBOE-2006-32). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not 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 Because the foregoing 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 16 and Rule 19b-4(f)(6) thereunder. 17 16 15 U.S.C. 78s(b)(3)(A). 17 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. 18 However, Rule 19b-4(f)(6)(iii) 19 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 requested that the Commission waive the 30-day operative delay, to permit the Exchange to list options on the Fund immediately. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. The proposal is substantially similar to proposals previously submitted by Amex and CBOE. Also, the Exchange has agreed to use its best efforts to obtain a comprehensive surveillance agreement with Bolsa during a six month pilot period in which the Exchange will rely on the MOU for purposes of satisfying its surveillance and regulatory responsibilities with respect to the Fund components trading on Bolsa. The Exchange represents that it will regularly update the Commission on the status of its negotiations with Bolsa. The Exchange further represents that it is currently engaged in discussions to enter into information sharing agreements with certain other exchanges, and that upon signing such agreements, ISE will no longer need to rely on the Commission's MOU with the CNBV. The Commission notes that ISE currently has in place surveillance agreements with foreign exchanges that cover 45.97% of the securities in the Fund, and that the Index upon which the Fund is based appears to be a broad based-index. For these reasons, the Commission designates the proposed rule change to be operative upon filing with the Commission for a six month pilot period until February 27, 2008. 20 18 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)(iii) requires that a self-regulatory organization submit to the Commission 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. The Exchange has requested the Commission to waive this five-day pre-filing notice requirement. The Commission hereby grants this request. 19 *Id.* 20 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). 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. 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 *rule-comments@sec.gov* . Please include File Number SR-ISE-2007-72 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-ISE-2007-72. 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 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 am and 3 pm. Copies of the filing also will be available for inspection and copying at the principal office of ISE. 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-ISE-2007-72 and should be submitted on or before September 21, 2007. 21 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 21 Nancy M. Morris, Secretary. [FR Doc. E7-17355 Filed 8-30-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56305; File No. SR-NSX-2007-09] Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Amendment of Its Rules in Light of Amendments to SEC Rule 10a-1 and Regulation SHO August 22, 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 July 3, 2007 and July 6, 2007, National Stock Exchange, Inc. (“NSX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission” or “SEC”) the proposed rule change and their corresponding amendments, as described in Items I and II below, which Items have been substantially prepared by the Exchange. NSX has designated the proposed rule change as constituting a “non-controversial” rule change under paragraph (f)(6) of Rule 19b-4 under the Act, 3 which renders the proposal effective upon receipt of this filing by the Commission. The Commission is publishing this notice to solicit comment on the proposed rule change from interested parties. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to amend NSX Rules 11.21and 14.2(b)(7) in light of the Commission's short sale regulation, Regulation SHO under the Securities Exchange Act of 1934. Certain provisions of Regulation SHO adopted in the Commission's 2007 release regarding the price test 4 supercede the above NSX Rules related to short sales. As a result, the Exchange is filing this rule change to bring those rules in line with Regulation SHO, as now in effect. The text of the proposed rule change is below. Additions are *italicized* and deletions are bracketed. 4 Securities Exchange Act Release No. 55970 (June 28, 2007), 72 FR 36348 (July 3, 2007) (“Price Test Adopting Release”). RULES OF NATIONAL STOCK EXCHANGE, INC. CHAPTER XI Trading Rules Rule 11.21 Short Sales All short sale orders shall be identified as [either] *a* short sale [or short sale exempt] when entered into the System. [Any marketable order entered in the System that, if matched for execution, would violate the short sale provisions of the Act or the rules and regulations thereunder should be cancelled. The foregoing shall not be in limitation of the Exchange's ability to adopt additional Rules, interpretations or policies relating to short sales.] CHAPTER XIV Intermarket Trading System Plan Rule 14.2 Intermarket Trading System Application

(a)No change.

(b)Any commitment to trade which is transmitted to a User to another participating market center shall be firm and irrevocable for the period of time following transmission as was chosen by the sender of the commitment, and shall, at a minimum: (1)-(6) No change.

(7)*Reserved.* [designate the commitment “short” or “short exempt” whenever it is a commitment to sell short which, if it should result in an execution in the market of the receiving market center, would result in a short sale to which the provisions of paragraph

(a)of Rule 10a-1 under the Act would apply]; and

(8)No change. (c)-(j) No change. 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 parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On July 28, 2004, the Commission adopted certain provisions of a new short sale regulation, designated Regulation SHO. On June 28, 2007, the Commission amended Regulation SHO and also repealed Rule 10a-1 under the Act. 5 We have reviewed the NSX Rules to eliminate those rules which we believe are duplicative of, inconsistent with, or otherwise superceded by, Regulation SHO and the repeal of Rule 10a-1 under the Act. 6 Therefore, the Exchange is filing this proposed rule change to amend those NSX rules that are affected by the Commission's amended approach to short sale regulation. 5 Price Test Adopting Release. 6 Please note that NSX does not have any ETP Holder that is not a member of another self-regulatory organization nor is NSX a designated examining authority or a designated self-regulatory organization for any ETP Holder. Accordingly, it does not subject its members to short interest reporting that is mandated by the other markets. First, in addition to the repeal of Rule 10a-1 under the Act, the Commission added Rule 201(b) to Regulation SHO, prohibiting any SRO from having a short sale price test. The Commission also amended Rule 200(g) of Regulation SHO to remove the requirement that a broker-dealer mark a sell order of an equity security as “short exempt,” if the seller is relying on an exception from a price test. Accordingly, the Exchange proposes to amend NSX Rule 11.21 to remove the reference to “short exempt.” Additionally, the Exchange proposes to remove the second sentence respecting the cancellation of violative orders because there would be no ability to violate a rule that no longer exists. Finally, the Exchange is eliminating the savings clause as duplicative and restating an inherent authority of the Exchange. Further, the Exchange notes that NSX Rule 14.2(b)(7) regarding the Intermarket Trading System Plan (the “ITS Plan”) describes marking requirements necessary to comply with Rule 10a-1 under the Act. 7 In light of the repeal of Rule 10a-1, the Exchange proposes to eliminate this provision from its Rules. 7 The Exchange will be filing a separate rule change to eliminate the entire chapter respecting the ITS Plan. As noted below, the Exchange is filing the proposed rule change for immediate effectiveness, with an operative date of July 6, 2007, which is the same date as the effective date of Rule 201 and revised Rule 200(g) of Regulation SHO as well as the elimination of Rule 10a-1 under the Act. 8 8 *See* Price Test Adopting Release. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of section 6(b) of the Act 9 in general and furthers the objectives of section 6(b)(5) 10 in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. NSX believes that the proposed rule change is necessary and appropriate to comply with the amendments to SEC Rule 10a-1 and Regulation SHO. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that 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 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 foregoing proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to section 19(b)(3)(A) of the Act 11 and Rule 19b-4(f)(6) 12 thereunder. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 19b-4(f)(6). NSX has asked the Commission to waive the 30-day operative delay. The Commission believes such waiver is consistent with the protection of investors and the public interest because it would allow the proposed rule change to be effective on July 6, 2007, the compliance date for the amendments to Rule 10a-1 and Regulation SHO. 13 For this reason, the Commission designates the proposal to be operative upon filing with the Commission. 13 For purposes only of waiving the 30-day pre-operative period, the Commission has considered the proposed rule change's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). 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 protection of investors, or otherwise in furtherance of the purposes of the Act. 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 *rule-comments@sec.gov* . Please include File Number SR-NSX-2007-09 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy Morris, Secretary, Securities and Exchange Commission, 100 F. Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NSX-2007-09. This file number should be included in the subject line if e-mail is used. To help the Commission process and review 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 statement 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 filings will also be available for inspection and copying at the principal office of the Exchange. 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-NSX-2007-09 and should be submitted on or before September 21, 2007. For the Commission by the Division of Market Regulation, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-17228 Filed 8-30-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56329; File No. SR-NYSEArca-2007-75] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto to Expand the Trading Hours of Certain Exchange-Traded Funds August 28, 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 July 30, 2007, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On August 22, 2007, the Exchange submitted Amendment No. 1 to the proposed rule change. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to expand the trading hours of securities of certain exchange-traded funds (“ETFs”) identified herein to include all three Exchange trading sessions (Opening, Core Trading, and Late Trading Sessions). The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com.* 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 NYSE Arca Equities Rule 7.34 provides for three trading sessions on the NYSE Arca Marketplace each day that NYSE Arca Equities is open for business:

(1)An Opening Session (4 a.m. to 9:30 a.m. Eastern Time or “ET”);

(2)a Core Trading Session (9:30 a.m. to 4 p.m. ET); and

(3)a Late Trading Session (4 p.m. to 8 p.m. ET). The Core Trading Session for securities described in NYSE Arca Equities Rules 5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 currently concludes at 4:15 p.m. ET. 3 3 NYSE Arca Equities Rules 5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 relate to Investment Company Units, Portfolio Depositary Receipts, Trust Issued Receipts, Commodity-Based Trust Shares, Currency Trust Shares, Commodity Index Trust Shares, Partnership Units, and Paired Trust Shares, respectively. *See* Securities Exchange Act Release No. 54997 (December 21, 2006), 71 FR 78501 (December 29, 2006) (SR-NYSEArca-2006-77) (establishing hours of trading for securities of certain ETFs). NYSE Arca proposes to expand the trading hours of securities of the ETFs identified below to include all three Exchange trading sessions. The Commission previously approved proposals to list and trade and to trade pursuant to unlisted trading privileges (“UTP”) the securities of such ETFs. The following ETFs are listed in reverse chronological order based on the dates of the Commission's approval orders, in one, but not all three, of the Exchange's trading sessions: • the PowerShares DB U.S. Dollar Index Bullish Fund and the PowerShares DB U.S. Dollar Index Bearish Fund; 4 4 These ETFs were approved for trading on the Exchange pursuant to UTP under Commentary .02 to Rule 8.200 during the Core Trading Session. *See* Securities Exchange Act Release No. 55484 (March 16, 2007), 72 FR 13847 (March 23, 2007) (SR-NYSEArca-2006-67). • the PowerShares DB Energy Fund, the PowerShares DB Oil Fund, the PowerShares DB Precious Metals Fund, the PowerShares DB Gold Fund, the PowerShares DB Silver Fund, the PowerShares DB Base Metals Fund, and the PowerShares DB Agriculture Fund; 5 5 These ETFs were approved for trading on the Exchange pursuant to UTP under Commentary .02 to Rule 8.200 during the Core Trading Session (except for the PowerShares DB Base Metals Fund, which was approved for trading during the Late Session as well). *See* Securities Exchange Act Release No. 55453 (March 13, 2007) 72 FR 13333 (March 21, 2007) (SR-NYSEArca-2006-62). • 81 ETFs of the ProShares Trust, including certain Ultra Funds, Short Funds, and Ultra Short Funds:

(1)Ultra Russell 2000 ProShares (f/k/a Ultra Russell 2000);

(2)Ultra S&P SmallCap 600 ProShares (f/k/a Ultra S&P SmallCap 600);

(3)Ultra S&P500/Citigroup Value;

(4)Ultra S&P500/Citigroup Growth;

(5)Ultra S&P MidCap 400/Citigroup Value;

(6)Ultra S&P MidCap 400/Citigroup Growth;

(7)Ultra S&P SmallCap 600/Citigroup Value;

(8)Ultra S&P SmallCap 600/Citigroup Growth;

(9)Ultra Basic Materials ProShares (f/k/a Ultra Basic Materials);

(10)Ultra Consumer Goods ProShares (f/k/a Ultra Consumer Goods);

(11)Ultra Consumer Services ProShares (f/k/a Ultra Consumer Services);

(12)Ultra Financials ProShares (f/k/a Ultra Financials);

(13)Ultra Health Care ProShares (f/k/a Ultra Health Care);

(14)Ultra Industrials ProShares (f/k/a Ultra Industrials);

(15)Ultra Oil & Gas ProShares (f/k/a Ultra Oil & Gas);

(16)Ultra Real Estate ProShares (f/k/a Ultra Real Estate);

(17)Ultra Semiconductors ProShares (f/k/a Ultra Semiconductors);

(18)Ultra Technology ProShares (f/k/a Ultra Technology);

(19)Ultra Utilities ProShares (f/k/a Ultra Utilities);

(20)Ultra Russell Midcap Index;

(21)Ultra Russell Midcap Growth ProShares (f/k/a Ultra Russell Midcap Growth Index);

(22)Ultra Russell Midcap Value ProShares (f/k/a Ultra Russell Midcap Value Index);

(23)Ultra Russell 1000 Index;

(24)Ultra Russell 1000 Growth ProShares (f/k/a Ultra Russell 1000 Growth Index);

(25)Ultra Russell 1000 Value ProShares (f/k/a Ultra Russell 1000 Value Index);

(26)Ultra Russell 2000 Growth ProShares (f/k/a Ultra Russell 2000 Growth Index);

(27)Ultra Russell 2000 Value ProShares (f/k/a Ultra Russell 2000 Value Index);

(28)Short Russell 2000 ProShares (f/k/a Short Russell 2000);

(29)Short S&P SmallCap 600 ProShares (f/k/a Short S&P SmallCap 600);

(30)Short S&P500/Citigroup Value;

(31)Short S&P500/Citigroup Growth;

(32)Short S&P MidCap 400/Citigroup Value;

(33)Short S&P MidCap 400/Citigroup Growth;

(34)Short S&P SmallCap 600/Citigroup Value;

(35)Short S&P SmallCap 600/Citigroup Growth;

(36)Short Basic Materials;

(37)Short Consumer Goods;

(38)Short Consumer Services;

(39)Short Financials;

(40)Short Health Care;

(41)Short Industrials;

(42)Short Oil & Gas;

(43)Short Real Estate;

(44)Short Semiconductors;

(45)Short Technology;

(46)Short Utilities;

(47)Short Russell Midcap Index;

(48)Short Russell Midcap Growth Index;

(49)Short Russell Midcap Value Index;

(50)Short Russell 1000 Index;

(51)Short Russell 1000 Growth Index;

(52)Short Russell 1000 Value Index;

(53)Short Russell 2000 Growth Index;

(54)Short Russell 2000 Value Index;

(55)UltraShort Russell 2000 ProShares (f/k/a UltraShort Russell 2000);

(56)UltraShort S&P SmallCap 600;

(57)UltraShort S&P500/Citigroup Value;

(58)UltraShort S&P500/Citigroup Growth;

(59)UltraShort S&P MidCap 400/Citigroup Value;

(60)UltraShort S&P MidCap 400/Citigroup Growth;

(61)UltraShort S&P SmallCap 600/Citigroup Value;

(62)UltraShort S&P SmallCap 600/Citigroup Growth;

(63)UltraShort Basic Materials ProShares (f/k/a UltraShort Basic Materials);

(64)UltraShort Consumer Goods ProShares (f/k/a UltraShort Consumer Goods);

(65)UltraShort Consumer Services ProShares (f/k/a UltraShort Consumer Services);

(66)UltraShort Financials ProShares (f/k/a UltraShort Financials);

(67)UltraShort Health Care ProShares (f/k/a UltraShort Health Care);

(68)UltraShort Industrials ProShares (f/k/a UltraShort Industrials);

(69)UltraShort Oil & Gas ProShares (f/k/a UltraShort Oil & Gas);

(70)UltraShort Real Estate ProShares (f/k/a UltraShort Real Estate);

(71)UltraShort Semiconductors ProShares (f/k/a UltraShort Semiconductors);

(72)UltraShort Technology ProShares (f/k/a UltraShort Technology);

(73)UltraShort Utilities ProShares (f/k/a UltraShort Utilities);

(74)UltraShort Russell Midcap Index;

(75)UltraShort Russell Midcap Growth ProShares (f/k/a UltraShort Russell Midcap Growth Index);

(76)UltraShort Russell Midcap Value ProShares (f/k/a UltraShort Russell Midcap Value Index);

(77)UltraShort Russell 1000 Index;

(78)UltraShort Russell 1000 Growth ProShares (f/k/a UltraShort Russell 1000 Growth Index);

(79)UltraShort Russell 1000 Value ProShares (f/k/a UltraShort Russell 1000 Value Index);

(80)UltraShort Russell 2000 Growth ProShares (f/k/a UltraShort Russell 2000 Growth Index); and

(81)UltraShort Russell 2000 Value ProShares (f/k/a UltraShort Russell 2000 Value Index); 6 6 These ETFs of the ProShares Trust were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55125 (January 18, 2007), 72 FR 3462 (January 25, 2007) (SR-NYSEArca-2006-87). Some of the ETFs of the ProShares Trust listed above are not currently trading because they have not yet been launched. • the SPD ® 7 DJ Global Titans ETF (f/k/a the streetTRACKS Dow Jones Global Titans Index Fund); 8 7 SPDR ® is a registered trademark of The McGraw-Hill Companies, Inc. 8 This ETF was approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55085 (January 11, 2007), 72 FR 2717 (January 22, 2007) (SR-NYSEArca-2006-37). • the iShares ® 9 MSCI Emerging Markets Index Fund; 10 9 iShares® is a registered trademark of Barclays Global Investors, N.A. 10 This ETF was approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55083 (January 10, 2007), 72 FR 2322 (January 18, 2007) (SR-NYSEArca-2006-39). • the iShares S&P Global Energy Sector Index Fund, iShares S&P Global Financials Sector Index Fund, iShares S&P Global Health Care Sector Index Fund, iShares S&P Global Telecommunications Sector Index Fund, iShares S&P Global Information Technology Sector Index Fund, iShares S&P Latin America 40 Index Fund, and iShares MSCI EAFE Index Fund; 11 11 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55053 (January 5, 2007), 72 FR 1794 (January 16, 2007) (SR-NYSEArca-2006-38). • the Claymore MACROshares Oil Up Tradeable Shares and the Claymore MACROshares Oil Down Tradeable Shares; 12 12 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 8.400 during the Core Trading Session. *See* Securities Exchange Act Release No. 55033 (December 29, 2006) 72 FR 1253 (January 10, 2007) (SR-NYSEArca-2006-75). • the DJ STOXX 50 ETF (f/k/a the streetTRACKS Dow Jones STOXX 50 Fund) and the DJ Euro STOXX 50 ETF (f/k/a the streetTRACKS Dow Jones EURO STOXX 50 Fund); 13 13 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55032 (December 29, 2006), 72 FR 1042 (January 9, 2007) (SR-NYSEArca-2006-36). • the iShares S&P Global 100 Index Fund; 14 14 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55019 (December 28, 2006), 72 FR 1047 (January 9, 2007) (SR-NYSEArca-2006-35). • the iShares MSCI Belgium Index Fund, iShares MSCI France Index Fund, iShares MSCI Italy Index Fund, iShares MSCI Netherlands Index Fund, iShares MSCI Spain Index Fund, iShares MSCI Sweden Index Fund, iShares MSCI Switzerland Index Fund, and iShares MSCI United Kingdom Index Fund; 15 15 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55017 (December 28, 2006), 72 FR 1044 (January 9, 2007) (SR-NYSEArca-2006-34). • the iShares S&P Europe 350 Index Fund; 16 16 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55004 (December 22, 2006), 72 FR 173 (January 3, 2007) (SR-NYSEArca-2006-33). • the iShares MSCI Brazil Index Fund and iShares MSCI South Africa Index Fund; 17 17 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 55002 (December 21, 2006), 71 FR 78503 (December 29, 2006) (SR-NYSEArca-2006-32). • the iShares S&P Global Consumer Discretionary Sector Index Fund, iShares S&P Global Consumer Staples Sector Index Fund, iShares S&P Global Industrials Sector Index Fund, iShares S&P Global Utilities Sector Index Fund, and iShares S&P Global Materials Sector Index Fund; 18 18 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 54473 (September 20, 2006), 71 FR 56204 (September 26, 2006) (SR-NYSEArca-2006-60). • the PowerShares DB G10 Currency Harvest Fund; 19 19 This ETF was approved for trading on the Exchange pursuant to UTP under Commentary .02 to Rule 8.200 during the Core Trading Session. *See* Securities Exchange Act Release No. 54569 (October 4, 2006), 71 FR 60594 (October 13, 2006) (SR-NYSEArca-2006-64). • the UltraShort S&P 500 ProShares (f/k/a Ultra Short 500 Fund, UltraShort QQQ ProShares (f/k/a Ultra Short 100 Fund), UltraShort Dow 30 ProShares (f/k/a Ultra Short 30 Fund), and UltraShort Mid-Cap 400 ProShares (f/k/a Ultra Short Mid-Cap 400 Fund); 20 20 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 54045 (June 26, 2006), 71 FR 37971 (July 3, 2006) (SR-PCX-2005-115). • the Ultra S&P 500 ProShares (f/k/a Ultra 500 Fund), Ultra QQQ ProShares (f/k/a Ultra 100 Fund), Ultra Dow 30 ProShares (f/k/a Ultra 30 Fund), Ultra Mid-Cap 400 ProShares (f/k/a Ultra Mid-Cap 400 Fund), Short S&P 500 ProShares (f/k/a Short 500 Fund), Short QQQ ProShares (f/k/a Short 100 Fund), Short Dow 30 ProShares (f/k/a Short 30 Fund), and Short Mid-Cap 400 ProShares (f/k/a Short Mid-Cap 400 Fund); 21 21 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 54026 (June 21, 2006), 71 FR 36850 (June 28, 2006) (SR-PCX-2005-115). • the following ETFs of the WisdomTree Trust:

(1)WisdomTree Europe Total Dividend Fund;

(2)WisdomTree Europe High-Yielding Equity Fund;

(3)WisdomTree Japan Total Dividend Fund;

(4)WisdomTree Japan High-Yielding Equity Fund;

(5)WisdomTree DIEFA Fund;

(6)WisdomTree DIEFA High Yielding Equity Fund;

(7)WisdomTree Pacific ex-Japan Total Dividend Fund;

(8)WisdomTree Pacific ex-Japan High-Yielding Equity Fund;

(9)WisdomTree International LargeCap Dividend Fund;

(10)WisdomTree International MidCap Dividend Fund;

(11)WisdomTree International SmallCap Dividend Fund;

(12)WisdomTree International Dividend Top 100 Fund;

(13)WisdomTree Europe Dividend Top 100 Fund;

(14)WisdomTree Europe SmallCap Dividend Fund;

(15)WisdomTree Japan SmallCap Dividend Fund;

(16)WisdomTree International Consumer Non-Cyclical Sector Fund;

(17)WisdomTree International Basic Materials Sector Fund;

(18)WisdomTree International Communications Sector Fund;

(19)WisdomTree International Consumer Cyclical Sector Fund;

(20)WisdomTree International Energy Sector Fund;

(21)WisdomTree International Financial Sector Fund;

(22)WisdomTree International Healthcare Sector Fund;

(23)WisdomTree International Industrial Sector Fund;

(24)WisdomTree International Technology Sector Fund;

(25)WisdomTree International Utilities Sector Fund;

(26)WisdomTree Emerging Markets Total Dividend Fund;

(27)WisdomTree Emerging Markets High-Yielding Equity Fund;

(28)WisdomTree Emerging Markets Dividend Top 100 Fund;

(29)WisdomTree Latin America Dividend Fund;

(30)WisdomTree Asia Emerging Markets Total Dividend Fund;

(31)WisdomTree Asia Emerging Markets High-Yielding Equity Fund;

(32)WisdomTree China Dividend Fund;

(33)WisdomTree Hong Kong Dividend Fund; and

(34)WisdomTree Singapore Dividend Fund; 22 22 These ETFs were approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 53999 (June 15, 2006), 71 FR 35981 (June 22, 2006) (SR-NYSEArca-2006-30). Some of the ETFs of the WisdomTree Trust are not currently trading because they have not yet been launched. • the iShares GSCI Commodity-Indexed Trust; 23 23 This ETF was approved for trading on the Exchange pursuant to UTP under Rule 8.203 during the Core Trading Session. *See* Securities Exchange Act Release No. 54025 (June 21, 2006), 71 FR 36856 (June 28, 2006) (SR-NYSEArca-2006-12). • the United States Oil Fund, LP; 24 24 This ETF was approved for trading on the Exchange pursuant to UTP under Rule 8.300 during the Core Trading Session. *See* Securities Exchange Act Release No. 53875 (May 25, 2006), 71 FR 32164 (June 2, 2006) (SR-NYSEArca-2006-11). • the PowerShares DB Commodity Index Tracking Fund (f/k/a the DB Commodity Index Tracking Fund); 25 25 This ETF was approved for trading on the Exchange pursuant to UTP under Commentary .02 to Rule 8.200 during the Core Trading Session. *See* Securities Exchange Act Release No. 53736 (April 27, 2006), 71 FR 26582 (May 5, 2006) (SR-PCX-2006-22). • the iShares Silver Trust; 26 26 This ETF was approved for trading on the Exchange pursuant to UTP under Rule 8.201 during the Core Trading Session. *See* Securities Exchange Act Release No. 53520 (March 20, 2006), 71 FR 14977 (March 24, 2006) (SR-PCX-2005-117). • iShares MSCI Australia Index Fund, iShares MSCI Austria Index Fund, iShares MSCI Canada Index Fund, iShares MSCI EMU Index Fund, iShares MSCI Germany Index Fund, and iShares MSCI Mexico Index Fund; 27 27 These ETFs were approved for listing and trading on the Exchange under Rule 5.2(j)(3) during the Core and Late Trading Sessions. *See* Securities Exchange Act Release No. 53230 (February 6, 2006), 71 FR 7594 (February 13, 2006) (SR-PCX-2005-116). • the Vanguard European ETF (f/k/a the Vanguard MSCI Europe Index Fund), the Vanguard Pacific ETF (f/k/a the Vanguard MSCI Pacific Index Fund), and the Vanguard Emerging Markets ETF (f/k/a the Vanguard MSCI Emerging Markets Select Index Fund); 28 and 28 These ETFs were originally approved for trading on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core Trading Session. *See* Securities Exchange Act Release No. 52221 (August 8, 2005), 70 FR 48222 (August 16, 2005) (SR-PCX-2005-74). The Exchange expanded the hours during which these ETFs were eligible to trade to include the Late Trading Session in December 2005. *See* Securities Exchange Act Release No. 52927 (December 8, 2005), 70 FR 74397 (December 15, 2005) (SR-PCX-2005-128). • the iShares COMEX Gold Trust. 29 29 This ETF was approved for UTP trading on the Exchange under Rule 8.201 during the Core Trading Session. *See* Securities Exchange Act Release No. 51067 (January 21, 2005), 70 FR 3952 (January 27, 2005) (SR-PCX-2004-132). This ETF was subsequently approved for listing and trading in all three Exchange trading sessions upon transfer of the listing to the Exchange. *See* Securities Exchange Act Release No. 56041 (July 11, 2007), 72 FR 39114 (July 17, 2007) (SR-NYSEArca-2007-43). Pursuant to this proposal, the Exchange seeks to trade the securities of this ETF in all three trading sessions prior to the transfer of the listing. In support of this proposed rule change, the Exchange states that the representations in the approval orders for the foregoing ETFs, as summarized below, continue to apply with respect to trading during the Core and Late Trading Sessions: 1. The Exchange has appropriate rules to facilitate transactions in shares of the above ETFs during all trading sessions. The Exchange deems such shares to be equity securities, thus rendering trading in such shares subject to the Exchange's existing rules governing the trading of equity securities. 2. The Exchange's surveillance procedures are adequate to properly monitor trading of shares of the above ETFs in all trading sessions. 30 30 The Exchange states that it may obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliate members of ISG. In addition, as referenced in the applicable approval orders, the Exchange has in place information sharing agreements with the relevant exchange(s). 3. The Exchange has distributed an Information Bulletin to Equity Trading Permit (“ETP”) Holders prior to the commencement of trading of the shares of the above ETFs on the Exchange that explains the terms, characteristics, and risks of trading such shares. In addition, the Exchange states that it will distribute an Information Bulletin that explains the terms, characteristics, and risks of trading the shares of the above ETFs that have not yet been launched to ETP Holders prior to the commencement of trading of such shares. 4. The Exchange will require ETP Holders with a customer who purchases newly issued shares of the above ETFs in any trading session on the NYSE Arca Marketplace to provide that customer with a product description, if available, or a prospectus, and has noted this delivery requirement in the Information Bulletin. 5. When the Exchange is the UTP trading market, the Exchange will cease trading in the shares of ETFs during all trading sessions if

(a)the listing market stops trading the shares, or

(b)the listing market delists the shares. Additionally, the Exchange may cease trading the shares if such other event shall occur or condition exists which, in the opinion of the Exchange, makes further dealings on the Exchange inadvisable. UTP trading in the shares of ETFs is also governed by the trading halt provisions of NYSE Arca Equities Rule 7.34 relating to temporary interruptions in the calculation or wide dissemination of the Intraday Indicative Value (“IIV”) 31 or the value of the underlying index or other applicable underlying benchmark. ETF shares will be traded following a trading halt in accordance with NYSE Arca Equities Rule 7.35(f). 31 The IIV is also sometimes referred to as the Indicative Optimized Portfolio Value (“IOPV”), the Indicative Fund Value (“IFV”), the Indicative Trust Value (“ITV”), and the Indicative Partnership Value (“IPV”), depending upon the type of ETF being traded and the terminology used in the Commission approval orders. 6. When the Exchange is the listing market, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the shares of an ETF. Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the shares inadvisable. Factors for consideration may include

(a)the extent to which trading is not occurring in the securities or other instruments underlying an ETF, or

(b)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In addition, trading in the shares of listed ETFs are subject to trading halts caused by extraordinary market volatility pursuant to the Exchange's “circuit breaker” rule (NYSE Arca Equities Rule 7.12) or by the halt or suspension of trading of the underlying securities or other instruments underlying an ETF. If the IIV or the index value applicable to a series of shares is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the IIV or the index value occurs. If the interruption to the dissemination of the IIV or the index value persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. 7. The IIV and/or index value (or value of the underlying asset or instrument, if not an index) will continue to be disseminated during all three trading sessions, to the extent the relevant approval order provides for this dissemination requirement. The Exchange intends to distribute to its ETP Holders and make available on its Web site a Regulatory Information Bulletin titled “ *Exchange-Traded Funds—Extended Trading Hours* ” that discloses and discusses, among other things, the following:

(1)The underlying index value may not be updated during the Core and Late Trading Sessions;

(2)the IIV may not be updated during the Core and Late Trading Sessions;

(3)commodity and currency spot prices are available in the Core and Late Trading Sessions, but commodity and currency futures prices generally will not be available in the Core and Late Trading Sessions; 32

(4)lower liquidity in the Core and Late Trading Sessions may impact pricing;

(5)higher volatility in the Core and Late Trading Sessions may impact pricing;

(6)wider spreads may occur in the Core and Late Trading Sessions;

(7)required customer disclosures; 33

(8)the circumstances that trigger trading halts; and

(9)suitability requirements. The Exchange recently amended NYSE Arca Equities Rule 7.34(e) to require ETP Holders to disclose additional risks associated with extended hours trading in new derivative securities products to customers. 34 32 The Exchange states that, in certain cases, the futures or options markets for a particular commodity may be closed during part of the Core Trading Session, and the IIV would be static for that particular future or options price, but widely disseminated. In addition, the prices of certain futures contracts in commodities ( *e.g.* , gold) and currencies are available on a 24-hour basis. 33 *See infra* note 34. 34 *See* Securities Exchange Act Release No. 56270 (August 15, 2007), 72 FR 47109 (August 22, 2007) (SR-NYSEArca-2007-74). Specifically, the Exchange requires ETP Holders to disclose to their non-ETP Holder customers that an updated underlying index value or IIV may not be calculated or publicly disseminated during extended trading hours. Since the IIV is not calculated or widely disseminated during the Opening and Late Trading Sessions, an investor who is unable to calculate an implied value for a derivative securities product in those sessions may be at a disadvantage to market professionals. The Exchange believes that requiring ETP Holders to disclose this risk to non-ETP Holders will facilitate informed participation in extended hours trading. The Exchange notes that if the official index value does not change during some or all of the period when trading is occurring on the Exchange (for example, because of time zone differences or holidays in countries where the index component stocks trade), then the last calculated official index value must remain available throughout Exchange trading hours. Similarly, if the IIV does not change during any portion of Exchange trading hours, then the last official calculated IIV must remain available throughout Exchange trading hours. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act, 35 in general, and furthers the objectives of Section 6(b)(5), 36 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, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 35 15 U.S.C. 78f(b). 36 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes the proposed rule change will impose no 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 The Exchange states that 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 Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which NYSE Arca consents, the Commission will: A. By order approve such proposed rule change, or B. Institute proceedings to determine whether the proposed rule change should be disapproved. 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 *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2007-75 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-NYSEArca-2007-75. 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 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 the filing also will be available for inspection and copying at the principal office of the Exchange. 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-NYSEArca-2007-75 and should be submitted on or before September 21, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 37 37 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-17376 Filed 8-30-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56323; File No. SR-NYSEArca-2007-86] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Establish the Fill-or-Kill Order Type August 27, 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 August 10, 2007, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (“NYSE Arca Equities” or “Corporation”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposed rule change pursuant to section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, which renders it effective upon filing with the Commission. 4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through NYSE Arca Equities, is proposing to amend its rules in order to add a new order type known as the Fill-or-Kill Order. The changes described in this rule proposal would add new NYSE Arca Equities Rule 7.31(ll). The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com.* 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 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 In order to provide additional flexibility and increased functionality to its system and its Users, 5 the Exchange proposes to add a new order type known as the Fill-or-Kill order. 5 *See* NYSE Arca Equities Rule 1.1(yy) for the definition of “User.” Fill-or-Kill orders are limit orders that will be executed in full as soon as such order is received. However, if execution is not possible, the entire order will be immediately cancelled. Of course, Fill-or-Kill orders will not route out of NYSE Arca to other market centers; they will either be immediately executed, or cancelled, in their entirety. The Exchange believes that the addition of the proposed order type will enhance flexibility and order execution opportunities for its Users. 6 6 This proposed order type is substantially similar to Rule 131(h) of the American Stock Exchange LLC. 2. Statutory Basis The proposed rule change is consistent with section 6(b) of the Act, 7 in general, and furthers the objectives of section 6(b)(5) 8 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, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system. 7 15 U.S.C. 78f(b). 8 15 U.S.C. 78f(b)(5). 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. 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 foregoing proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to section 19(b)(3)(A) 9 of the Act and Rule 19b-4(f)(6) thereunder. 10 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. 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b-4(f)(6). NYSE Arca has asked the Commission to waive the 30-day operative delay. The Commission believes such a waiver is consistent with the protection of investors and the public interest because it would permit the Exchange to offer the Fill-or-Kill order type functionality without delay. 11 For this reason, the Commission designates the proposal to be operative upon filing with the Commission. 11 For purposes only of waiving the 30-day pre-operative period, the Commission has considered the proposed rule's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). 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 *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2007-86 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-NYSEArca-2007-86. 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 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 Arca. 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-NYSEArca-2007-86 and should be submitted on or before September 21, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 12 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-17274 Filed 8-30-07; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF STATE Bureau of Economic, Energy, and Business Affairs [Public Notice 5920] List of August 13, 2007, of Participating Countries and Entities (Hereinafter Known as “Participants”) Under the Clean Diamond Trade Act of 2003 (Public Law 108-19) and Section 2 of Executive Order 13312 of July 29, 2003 AGENCY: Department of State. ACTION: Notice. SUMMARY: In accordance with sections 3 and 6 of the Clean Diamond Trade Act of 2003 (Public Law 108-19) and section 2 of Executive Order 13312 of July 29, 2003, the Department of State is identifying all the Participants eligible for trade in rough diamonds under the Act, and their respective Importing and Exporting Authorities, and revising the previously published list of June 21, 2007 (Volume 72, Number 119, page 3426) to include Turkey. FOR FURTHER INFORMATION CONTACT: Sue Saarnio, Special Advisor for Conflict Diamonds, Bureau of Economic, Energy, and Business Affairs, Department of State

(202)647-1713. SUPPLEMENTARY INFORMATION: Section 4 of the Clean Diamond Trade Act (the “Act”) requires the President to prohibit the importation into, or the exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme (KPCS). Under section 3(2) of the Act, “controlled through the Kimberley Process Certification Scheme” means an importation from the territory of a Participant or exportation to the territory of a Participant of rough diamonds that is either

(i)carried out in accordance with the KPCS, as set forth in regulations promulgated by the President, or

(ii)controlled under a system determined by the President to meet substantially the standards, practices, and procedures of the KPCS. The referenced regulations are contained at 31 CFR Part 592 (“Rough Diamonds Control Regulations”) (69 FR 56936, September 23, 2004). Section 6(b) of the Act requires the President to publish in the **Federal Register** a list of all participants, and all Importing and Exporting Authorities of Participants, and to update the list as necessary. Section 2 of Executive Order 13312 of July 29, 2003, delegates this function to the Secretary of State. Section 3(7) of the Act defines “Participant” as a state, customs territory, or regional economic integration organization identified by the Secretary of State. Section 3(3) of the Act defines “Exporting Authority” as one or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate of Kimberley Process Certificate. Section 3(4) of the Act defines “Importing Authority” as one or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regarding imports, including the verification of the Kimberley Process Certificate accompanying the shipment. List of Participants Pursuant to section 3 of the Clean Diamond Trade Act (the Act), section 2 of Executive Order 13312 of July 29, 2003, and Delegation of Authority No. 294 (July 6, 2006), I hereby identify the following entities as of August 13, 2007, as Participants under section 6(b) of the Act. Included in this List are the Importing and Exporting Authorities for Participants, as required by section 6(b) of the Act. This list revises the previously published list of June 21, 2007 (Volume 72, Number 119 34326-34327). Angola—Ministry of Geology and Mines. Armenia—Ministry of Trade and Economic Development. Australia—Exporting Authority—Department of Industry, Tourism and Resources; Importing Authority—Australian Customs Service. Bangladesh—Ministry of Commerce. Belarus—Department of Fiance. Botswana—Ministry of Minerals, Energy and Water Resources. Brazil—Ministry of Mines and Energy. Canada—Natural Resources Canada. Central African Republic—Ministry of Energy and Mining. China—General Administration of Quality Supervision, Inspection and Quarantine. Democratic Republic of the Congo—Ministry of Mines. Croatia—Ministry of Economy. European Community—DG/External Relations/A.2. Ghana—Precious Minerals and Marketing Company Ltd. Guinea—Ministry of Mines and Geology. Guyana—Geology and Mines Commission. India—The Gem and Jewellery Export Promotion Council. Indonesia—Directorate General of Foreign Trade of the Ministry of Trade. Israel—The Diamond Controller. Ivory Coast—Ministry of Mines and Energy. Japan—Ministry of Economy, Trade and Industry. Republic of Korea—Ministry of Commerce, Industry and Energy. Laos—Ministry of Finance. Lebanon—Ministry of Economy and Trade. Lesotho—Commissioner of Mines and Geology. Liberia—Ministry of Lands, Mines and Energy. Malaysia—Ministry of International Trade and Industry. Mauritius—Ministry of Commerce. Namibia—Ministry of Mines and Energy. New Zealand—Ministry of Foreign Affairs and Trade. Norway—The Norwegian Goldsmiths' Association. Russia—Gokhran, Ministry of Finance. Sierra Leone—Government Gold and Diamond Office. Singapore—Singapore Customs. South Africa—South African Diamond Board. Sri Lanka—National Gem and Jewellery Authority. Switzerland—State Secretariat for Economic Affairs. Taiwan—Bureau of Foreign Trade. Tanzania—Commissioner for Minerals. Thailand—Ministry of Commerce. Togo—Ministry of Mines and Geology. Turkey—Istanbul Gold Exchange. Ukraine—State Gemological Centre of Ukraine. United Arab Emirates—Dubai Metals and Commodities Center. United States of America—Importing Authority—United States Bureau of Customs and Border Protection; Exporting Authority—Bureau of the Census. Venezuela—Ministry of Energy and Mines. Vietnam—Ministry of Trade. Zimbabwe—Ministry of Mines and Mining Development. This notice shall be published in the **Federal Register** . John D. Negroponte, Deputy Secretary of State, Department of State. [FR Doc. 07-4260 Filed 8-30-07; 8:45 am]

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