Notices. Notice of information collection

6,136 words·~28 min read·/register/2007/09/04/07-4306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 9211-03-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (07-061)] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(c)(2)(A)).

DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, National Aeronautics and Space Administration, Washington, DC 20546-0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE0000, Washington, DC 20546,

(202)358-1350, *Walter.Kit-1@nasa.gov.* SUPPLEMENTARY INFORMATION: I. Abstract As required in Section 305(b) of the National Aeronautics and Space Act of 1958 and the NASA Supplement to the Federal Acquisition Regulation, NASA R&D contracts require contractor/recipient reporting of new technologies to NASA using NASA eNTRe system for electronic submissions and NASA Form 1679 for paper submissions. II. Method of Collection NASA will utilize a web-base on-line form to collect this information. Approximately 65 per cent of the responses will be collected electronically. III. Data *Title:* AST-Technology Utilization. *OMB Number:* 2700-0009. *Type of Review:* Regular. *Affected Public:* Business or other for-profit and not-for-profit institutions. *Estimated Number of Respondents:* 830. *Estimated Time Per Response:* 1 hour for manual responses and 0.75 hour for electronic responses. *Estimated Total Annual Burden Hours:* 1075. *Estimated Total Annual Cost:* $0. IV. Request for Comments Comments are invited on:

(1)Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility;

(2)the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Gary Cox, Executive Officer. [FR Doc. E7-17453 Filed 8-31-07; 8:45 am] BILLING CODE 7510-13-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments AGENCY: National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. SUMMARY: The National Archives and Records Administration

(NARA)publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before October 4, 2007. Once the appraisal of the records is completed, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memorandums that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting the Life Cycle Management Division

(NWML)using one of the following means: Mail: NARA (NWML), 8601 Adelphi Road, College Park, MD 20740-6001. E-mail: *requestschedule@nara.gov* . FAX: 301-837-3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Laurence Brewer, Director, Life Cycle Management Division (NWML), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Telephone: 301-837-1539. E-mail: *records.mgt@nara.gov* . SUPPLEMENTARY INFORMATION: Each year Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing retention periods for records and submit these schedules for NARA's approval, using the Standard Form

(SF)115, Request for Records Disposition Authority. These schedules provide for the timely transfer into the National Archives of historically valuable records and authorize the disposal of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent. No Federal records are authorized for destruction without the approval of the Archivist of the United States. This approval is granted only after a thorough consideration of their administrative use by the agency of origin, the rights of the Government and of private persons directly affected by the Government's activities, and whether or not they have historical or other value. Besides identifying the Federal agencies and any subdivisions requesting disposition authority, this public notice lists the organizational unit(s) accumulating the records or indicates agency-wide applicability in the case of schedules that cover records that may be accumulated throughout an agency. This notice provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction). It also includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it too includes information about the records. Further information about the disposition process is available on request. Schedules Pending 1. Department of Agriculture, Cooperative State Research, Education, and Extension Service (N1-540-07-4, 24 items, 16 temporary items). Program management records, including institutional reviews, management studies, training course development records, routine committee and conference records, and working files, drafts, duplicates, and reference materials relating to these activities. Proposed for permanent retention are recordkeeping copies of committee secretariat and agency-sponsored conference program records, published articles, and the speeches and presentations of agency administrators. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 2. Department of Agriculture, Cooperative State Research, Education, and Extension Service (N1-540-07-5, 6 items, 6 temporary items). Budget records, including planning and estimate development, presentation, and execution records; background and working files; and reimbursable agreements. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 3. Department of the Army, Agency-wide (N1-AU-06-4, 3 items, 1 temporary item). System outputs associated with an electronic information system designed to track Arlington National Cemetery's decedent data. Included are decedent reports, daily funeral schedules, and temporary grave marker reports. The electronic system master file and documentation are proposed for permanent retention. 4. Department of the Army, Agency-wide (N1-AU-07-4, 3 items, 3 temporary items). Outputs, master file, and documentation associated with an electronic information system used to track basic human resources data on individuals enlisting in the U.S. Army. 5. Department of Commerce, National Oceanic and Atmospheric Administration (N1-370-07-1, 1 item, 1 temporary item). Coastal Resource Coordinator records consisting of responses to requests for comment or involvement as a natural resource trustee. 6. Department of Commerce, National Oceanic and Atmospheric Administration (N1-370-07-2, 1 item, 1 temporary item). Training and workshop records. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 7. Department of Commerce, National Oceanic and Atmospheric Administration (N1-370-07-3, 1 item, 1 temporary item). This schedule authorizes the agency to apply the existing disposition instructions to records series regardless of the recordkeeping medium, for grant files. Paper recordkeeping copies of these files were previously approved for disposal. 8. Department of Defense, Office of the Secretary of Defense (N1-330-07-3, 1 item, 1 temporary item). Master file associated with an electronic information system used to process visit requests for foreign nationals to Department of Defense components and contractor facilities. Data includes lists of individuals and associated personal data. 9. Department of Defense, Defense Commissary Agency (N1-506-07-10, 2 items, 2 temporary items). Records pertaining to safety. Included are surveys, reviews, inspection reports, notices of unhealthy working conditions, records of changes made as a result of recommendations, correspondence, inspection logs, and related records on safety at agency facilities. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 10. Department of Defense, Defense Commissary Agency (N1-506-07-11, 4 items, 4 temporary items). Records pertaining to agency operations. Included are agency reading files, visual aids used during internal agency briefings, staff meeting minutes, and conference presentations. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 11. Department of Health and Human Services, Centers for Disease Control and Prevention (N1-442-06-2, 1 item, 1 temporary item). Records of the International Cable System. Included are system copies of budget, travel, and personnel cables between the agency, its field posts, and U.S. embassies. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 12. Department of Homeland Security, National Protection and Programs Directorate (N1-563-07-7, 4 items, 4 temporary items). Inputs, master files, and outputs for the Chemical Security Assessment Tool database, which contains information used to assess high risk chemical facilities. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium. 13. Department of Homeland Security, Office of Intelligence and Analysis (N1-563-07-11, 8 items, 8 temporary items). Inputs, master files, and outputs for the Intelligence Watch and Warning 24 Hour Log database, which contains intelligence reports about events that may constitute a threat to homeland security. This schedule authorizes the agency to apply the proposed disposition instructions to any recordkeeping medium for all schedule items except the master files. 14. Department of Homeland Security, Transportation Security Administration (N1-560-07-2, 8 items, 8 temporary items). Inputs, outputs, master file, and documentation relating to a system containing data on individuals who have been identified either correctly or incorrectly as a threat to transportation security and are petitioning the government for redress. 15. Department of State, Bureau of Overseas Buildings Operations (N1-59-07-5, 2 items, 2 temporary items). Resource management files used to document the expenditure of capital program funds and policy within the bureau. 16. Environmental Protection Agency, Headquarters (N1-412-07-51, 6 items, 6 temporary items). This schedule authorizes the agency to apply the existing disposition instructions to records series regardless of the recordkeeping medium. Included are records relating to administration of the Toxic Substances Control Act, including notices of exports, administrative tracking and control records, supporting information, log books, and registers. Paper recordkeeping copies of these files were previously approved for disposal. 17. Environmental Protection Agency, Agency-wide (N1-412-07-58, 23 items, 12 temporary items). This schedule authorizes the agency to apply the existing disposition instructions to Office of Water records, regardless of recordkeeping medium. The records include watersheds needs survey records, water contamination incident reports, state water standards files postdating 1974, state water quality reports, and additives products files. Paper recordkeeping copies of these files were previously approved for disposal. Records proposed for permanent retention include final reports to Congress, state water standard historical files, 1965-1974, effluent guidelines studies, municipal waste facility inventories, fish kill annual reports, approved alternate test procedure application files, and 404 program files. Paper recordkeeping copies of these files were previously approved as permanent. Dated: August 28, 2007. Howard P. Lowell, Deputy Assistant Archivist for Records Services—Washington, DC. [FR Doc. E7-17394 Filed 8-31-07; 8:45 am] BILLING CODE 7515-01-P NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES Institute of Museum and Library Services; Proposed Collection, Submission for OMB Review, Public Libraries Survey, 2008-2010 AGENCY: Institute of Museum and Library Services, NFAH. ACTION: Notice. SUMMARY: The Institute of Museum and Library Services announces the following information collection has been submitted to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office listed in the contact section below on or before October 4, 2007. OMB is particularly interested in comments that help the agency to: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collocation of information including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. ADDRESSES: Barbara G. Smith, E-Projects Officer, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC. Ms. Smith can be reached by telephone: 202-653-4688; fax: 202-653-8625; or e-mail: *bsmith@imls.gov.* SUPPLEMENTARY INFORMATION: The Institute of Museum and Library Services is an independent Federal grant-making agency authorized by the Museum and Library Services Act, 20 U.S.C. 9101, *et seq.* Section 210 of the Act supports IMLS' data collection and analysis role. The IMLS provides a variety of grant programs to assist the nation's museums and libraries in improving their operations and enhancing their services to the public. Museums and libraries of all sizes and types may receive support from IMLS programs. The Public Libraries Survey, conducted by the U.S. Department of Education, has OMB clearance number 1850-0689; it expires 7/31/2008. Plans are underway for the transfer of the Public Libraries Survey from the Dept. of Education to the Institute of Museum and Library Services beginning with Fiscal Year 2008. The responsibility for this data collection, and for the clearance process, will be transferred entirely to IMLS provided that funds are appropriated to the agency for this purpose in FY 2008. *Abstract:* This survey collects annual descriptive data on the universe of public libraries in the U.S. and the Outlying Areas. Information such as public service hours per year, circulation of library books, etc., number of librarians, population of legal service area, expenditures for library collections, staff salary data, and access to technology are collected. Data are collected from each public library and are coordinated at the state level by a state data coordinator. *Current Actions:* This notice proposes clearance of the Public Libraries Survey. The 60-day Notice for the “Public Libraries Survey” was published in the **Federal Register** on February 5, 2007 (FR vol. 72, no. 23, pgs 5301-5302.) No comments were received. *OMB Number:* n/a. *Agency Number:* 3137. *Affected Public:* Federal, state and local governments, public libraries, state library agencies, general public. *Number of Respondents:* 55. *Frequency:* Annually. *Burden hours per respondent:* 39.8 hours; *Total burden hours:* 2,189. FOR FURTHER INFORMATION CONTACT: Comments should be sent to the Office of Information and Regulatory Affairs, Attn.: OMB Desk Officer for Education, Office of Management and Budget, Room 10235, Washington, DC 20503,

(202)395-7316. Dated: August 29, 2007. Barbara G. Smith, E-Projects Officer, Office of the Chief Information Officer. [FR Doc. E7-17395 Filed 8-31-07; 8:45 am] BILLING CODE 7036-01-P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Submission for the Office of Management and Budget

(OMB)Review; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. *Type of submission, new, revision, or extension:* Extension. 2. *The title of the information collection:* 10 CFR part 63, “Disposal of High-Level Radioactive Wastes in a Proposed Geologic Repository at Yucca Mountain, Nevada.” 3. *The form number if applicable:* Not applicable. 4. *How often the collection is required:* One time. 5. *Who will be required or asked to report:* The State of Nevada, local governments, or affected Indian Tribes, or their representatives, requesting consultation with the NRC staff regarding review of the potential high-level waste geologic repository site, or wishing to participate in a license application review for the potential geologic repository. 6. *An estimate of the number of annual responses:* 9. 7. *The estimated number of annual respondents:* 3. 8. *An estimate of the total number of hours needed annually to complete the requirement or request:* 363 (An average of 40 hours per response for consultation requests, 80 hours per response for license application review participation proposals, and one hour per response for statements of representative authority). 9. *An indication of whether Section 3507(d), Pub. L. 104-13 applies:* Not applicable. 10. *Abstract:* 10 CFR Part 63 requires the State of Nevada, local governments, or affected Indian Tribes to submit certain information to the NRC if they request consultation with the NRC staff concerning the review of the potential repository site, or wish to participate in a license application review for the potential repository. Representatives of the State of Nevada, local governments, or affected Indian Tribes must submit a statement of their authority to act in such a representative capacity. The information submitted by the State, local governments, and affected Indian Tribes is used by the Director of the Office of Nuclear Material Safety and Safeguards as a basis for decisions about the commitment of NRC staff resources to the consultation and participation efforts. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: *http://www.nrc.gov/public-involve/doc-comment/omb/index.html.* The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by October 4, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Nathan J. Frey, Desk Officer, Office of Information and Regulatory Affairs (3150-0199), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to *Nathan_J._Frey@omb.eop.gov* or submitted by telephone at

(202)395-7345. The NRC Clearance Officer is Margaret A. Janney, 301-415-7245. Dated at Rockville, Maryland, this 27th day of August, 2007. For the Nuclear Regulatory Commission. Margaret A. Janney, NRC Clearance Officer, Office of Information Services. [FR Doc. E7-17400 Filed 8-31-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. PROJ0734, PROJ0735, PROJ0736, POOM-32] Notice of Availability of NUREG-1854, NRC Staff Guidance for Activities Related to U.S. Department of Energy Waste Determinations, Draft Final Report for Interim Use AGENCY: Nuclear Regulatory Commission. ACTION: Notice of Availability of Draft Final Report for Interim Use. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is issuing draft final NRC staff guidance for activities related to U.S. Department of Energy

(DOE)waste determinations (NUREG-1854), for interim use. NUREG-1854 provides guidance to the NRC staff in evaluating non-high-level waste determinations developed by DOE for the Savannah River Site, Idaho National Laboratory, Hanford, and West Valley for certain wastes that are a result of the reprocessing of spent nuclear fuel. NUREG-1854 provides elements the NRC staff should review to fulfill its responsibilities under the Ronald Reagan Defense Authorization Act for Fiscal Year 2005 (NDAA), which is to consult with DOE on its waste determinations and to monitor DOE disposal actions to assess compliance with the performance objectives in 10 CFR part 61, subpart C. NUREG-1854 does not set forth regulatory requirements for NRC or for DOE, and compliance with NUREG-1854 is not required. ADDRESSES: NUREG-1854 is available for inspection and copying for a fee at the Commission's Public Document Room, U.S. NRC's Headquarters Building, 11555 Rockville Pike (first floor), Rockville, Maryland, and electronically from the ADAMS Public Library component on the NRC Web Site, *http://www.nrc.gov* (the Electronic Reading Room) [ML072360184]. For those without access to the Internet, paper copies of any electronic documents may be obtained for a fee by contacting the NRC's Public Document Room at 301-415-4737 or toll free at 1-800-397-4209. FOR FURTHER INFORMATION CONTACT: Michael Fuller, U.S. Nuclear Regulatory Commission, Mail Stop T8-F5, Washington, DC 20555, Phone Number:

(301)415-0520, e-mail: *mlf2@nrc.gov.* SUPPLEMENTARY INFORMATION: In October 2004, the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

(NDAA)was enacted. Section 3116 of the NDAA gave the NRC new responsibilities with respect to DOE waste management activities for certain “incidental” waste resulting from the reprocessing of spent nuclear fuel within the States of South Carolina and Idaho. These responsibilities include consultation with DOE on DOE's determination whether the waste is not high-level waste (HLW), as well as monitoring DOE's disposal actions for these wastes. The concept behind incidental waste is that some material, resulting from the reprocessing of spent nuclear fuel, does not need to be disposed of as HLW in a geologic repository because the residual radioactive contamination, if properly controlled, is sufficiently low that it does not represent a hazard to public health and safety. Consequently, incidental waste is not considered to be HLW, but instead is low-level waste. DOE uses technical analyses that are documented in a waste determination to evaluate whether waste is incidental or HLW. A waste determination provides DOE's analysis as to whether the waste will meet the applicable incidental waste criteria. Prior to passage of the NDAA, DOE would periodically request NRC to provide technical advice for specific waste determinations. The staff reviewed DOE's waste determinations to assess whether they had sound technical assumptions, analysis, and conclusions with regard to meeting the applicable incidental waste criteria. Because the enactment of the NDAA is expected to increase the number of waste determinations submitted to the NRC for review, the NRC has decided to develop NUREG-1854, NRC Staff Guidance for Activities Related to U.S. Department of Energy Waste Determinations, Draft Final Report for Interim Use. The NUREG provides guidance to NRC staff on how to conduct a technical review of a waste determination, as well as how to conduct monitoring activities under the NDAA, and will help ensure consistency across different reviews and different reviewers. Because the technical aspects of the NRC's waste determination reviews are expected to be similar for all four sites, regardless of whether the site is covered by the NDAA, the NRC has decided that this NUREG will address reviews for the Savannah River Site, Idaho National Laboratory, Hanford, and West Valley. Dated at Rockville, MD this 28th day of August, 2007. For the Nuclear Regulatory Commission. Larry W. Camper, Director, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E7-17399 Filed 8-31-07; 8:45 am] BILLING CODE 7590-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56328; File No. SR-NYSEArca-2007-73] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To Amend NYSE Arca Equities Rules 5.2(j)(3) (Investment Company Units) and Rule 8.100 (Portfolio Depositary Receipts) in Connection With the Dissemination of Information in Extended Hours Trading 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 26, 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. 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. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(3) (Investment Company Units) and Rule 8.100 (Portfolio Depositary Receipts) relating to dissemination of the index value and Intraday Indicative Value (“IIV”) (as defined in Commentary .01(c) to NYSE Arca Equities Rule 5.2(j)(3) and Commentary .01(c) to NYSE Arca Equities Rule 8.100) during the Core Trading Session. 3 3 NYSE Arca Equities Rule 7.34(a) defines the trading hours on the NYSE Arca Marketplace. The text of the proposed rule change is available on the Exchange's Web site at *http://www.nyse.com,* at the Exchange's principal office, 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 NYSE Arca Equities Rule 7.34(a) provides for three equities trading sessions on the Exchange: The Opening Session (4 a.m. to 9:30 a.m. Eastern Time (“E.T.”)), the Core Trading Session (9 a.m. to 4 p.m. E.T.), and the Late Trading Session (4 p.m. to 8 p.m. E.T.). Currently, NYSE Arca Equities Rules 5.2(j)(3)(E) and 8.100(f) provide that the Exchange may designate a series of Investment Company Units (“Units”) and Portfolio Depository Receipts (“PDRs” together with Units, referred to herein as exchange-traded funds or “ETFs”), respectively, to trade during the Opening Session and Late Trading Session. For an ETF listed on NYSE Arca or traded on the Exchange pursuant to unlisted trading privileges (“UTP”), an updated current index value must be widely disseminated during the time the ETF trades on the Exchange. 4 Current NYSE Arca Equities Rules 5.2(j)(3)(E) and 8.100(f) also require that, for an ETF listed or traded on the Exchange on a UTP basis, an updated IIV be disseminated during the Core Trading Session and, if applicable, the Opening Session. Similar provisions relating to the dissemination of index value and IIV apply to Units and PDRs based on indexes or portfolios consisting of fixed income securities 5 as well as indexes consisting of both equities and fixed income securities. 6 4 *See* NYSE Arca Equities Rule 5.2(j)(3), Commentary .01(b)(2); 8.100, Commentary. 01(b)(3). *See also* e-mail from Tim Malinowski, Director, NYSE Group, Inc. to Mitra Mehr, Special Counsel, Division of Market Regulation, Securities and Exchange Commission on August 23, 2007 (“NYSEArca e-mail”). 5 *See* NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(b)(ii) and (c); NYSE Arca Equities Rule 8.100, Commentary .02 (b)(ii) and (c). 6 *See* NYSE Arca Equities Rules 5.2(j)(3), Commentary .03(a)(ii) and (b); NYSE Arca Equities Rule 8.100, Commentary .03(a)(ii) and (b). The Exchange proposes to permit securities listed or traded on the Exchange (including on a UTP basis) pursuant to Rule 19b-4(e) to be traded in all three trading sessions without the requirement to disseminate an IIV or index value. 7 The Exchange, therefore, in this filing is proposing to delete as unnecessary NYSE Arca Equities Rule 5.2(j)(3)(E) and NYSE Arca Equities Rule 8.100(f), which set forth the requirements for the dissemination of such information if the Exchange designates a series of Units or PDRs for trading during the Opening and Late Trading Sessions, respectively. In addition, the Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(3), Commentaries .01(b)(2) and .03(a)(ii), and NYSE Arca Equities Rule 8.100, Commentaries .01(b)(3) and .03(a)(ii), to specify that the current index value for a Unit or PDR listed or traded on the Exchange pursuant to UTP must be widely disseminated during the Core Trading Session, rather than any time the security trades on the Exchange ( *i.e.,* the Opening Session and Late Trading Session). The Exchange also proposes to amend NYSE Arca Equities Rule 5.2(j)(3), Commentaries .01(c) and .02(c), and NYSE Arca Equities Rule 8.100, Commentaries .01(c) and .02(c), to clarify that the IIV must be updated during the Core Trading Session, and not both the Core Trading Sessions and the Opening Session. 7 *See* NYSEArca e-mail. *See also* NYSEArca-2007-73 (proposing to trade securities listed and/or traded on the Exchange on a UTP basis other than pursuant to Rule 19b-4(e) in all three trading sessions). The Exchange intends to distribute to its ETP Holders and make available on its Web site at *http://www.nyse.com* a Regulatory Information Bulletin titled “Exchange-Traded Funds—Extended Trading Hours” that discloses, among other things that:

(1)The current underlying index value and IIV may not be updated during the Opening Session and Late Trading Session;

(2)the IIV may not be updated during the Opening Session and Late Trading Session;

(3)lower liquidity in the Opening Session or Late Trading Session may impact pricing;

(4)higher volatility in the Opening Session or Late Trading Session may impact pricing;

(5)wider spreads may occur in the Opening Session and Late Trading Session;

(6)the circumstances that trigger trading halts;

(7)required customer disclosures; and

(8)suitability requirements. In addition, the Exchange has amended NYSE Arca Equities Rule 7.34(e) (Customer Disclosures) to require ETP Holders to disclose to customers the additional risk associated with the lack of dissemination of the index value and the IIV during extended hours trading in ETFs. 8 8 *See* Securities Exchange Act Release No. 56270 (August 15, 2007), 72 FR 47109 (August 22, 2007) (NYSEArca-2007-74). The Exchange believes that, with this additional disclosure, it is appropriate to permit trading during all Exchange trading sessions notwithstanding the absence of dissemination of an updated index value or IIV during all or part of the Opening and Late Trading Sessions. In addition, the Exchange notes that NYSE Arca Equities Rules 5.2(j)(3) and 8.100 would retain the requirement 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 the Exchange's trading hours. 9 9 *See* NYSE Arca Equities Rules 5.2(j)(3), Commentary .01(b)(2) and (c); 8.100, Commentary .01(b)(3) and (c). 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 section 6(b)(5) of the Act, 11 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. 10 15 U.S.C. 78f(b). 11 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 would 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 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 shall:

(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 No. SR-NYSEArca-2007-73 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-2007-73. 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-2007-73 and should be submitted on or before September 25, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 Nancy M. Morris, Secretary. 12 17 CFR 200.30-3(a)(12). [FR Doc. E7-17409 Filed 8-31-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [License No. 01/71-0360] Zero Stage Capital V, LP; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Zero Stage Capital V, L.P., 265 Franklin Street, 18th Floor, Boston, MA 02110, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the Licensee's General Partner's continued role in managing the Licensee's assets after the sale of such assets to a buyer group, has sought an exemption under section 312 of the Act and section 107.730(a), self-deal which constitutes Conflicts of Interest of the Small Business Administration (“SBA”) rules. Zero Stage Capital Associates V, LP, the General partner of the Licensee, proposes to continue managing the Licensee's assets, which will be acquired by an institutional buyer (“Buyer”). The management arrangement is brought within the purview of Sec. 107.730(a) of the Regulations because the Licensee's managers will benefit from their continued management role after the sale of the portfolio to the Buyer. Therefore, this management arrangement constitutes a conflict of interest which requires SBA's prior approval. Notice is hereby given that any interested person may submit written comments on the transaction, within 15 days of the date of this publication, to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416. Harry Haskins, Acting Associate Administrator For Investment. [FR Doc. 07-4306 Filed 8-31-07; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code