Rules and Regulations. Notice and Request for Comments

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BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Request for Public Comments on the Review and Renegotiation of the United States-Israel Agreement on Trade in Agricultural Products AGENCY: Office of the United States Trade Representative. ACTION: Notice and Request for Comments. SUMMARY: The Trade Policy Staff Committee

(TPSC)is soliciting written comments on U.S. objectives for upcoming negotiations on the renewal of the United States-Israel Agreement on Trade in Agricultural Products (ATAP). Specifically, the TPSC is seeking comments on general negotiating objectives and product-specific requests. DATES: Public comments are due by Noon, Wednesday, November 14, 2007. ADDRESSES: Submissions by electronic mail should be submitted to *FR0802ustr.eop.gov.* Submissions by facsimile: Gloria Blue, Executive Secretary, Trade Policy Staff Committee, at

(202)395-6143. The public is strongly encouraged to submit documents electronically rather than by facsimile. (See requirements for submissions below.) FOR FURTHER INFORMATION CONTACT: For procedural questions concerning public comments, contact Gloria Blue, Executive Secretary, TPSC, Office of the USTR, 1724 F Street, NW., Washington, DC 20508

(202)395-3475. All other questions regarding the negotiations should be addressed to Andrew Stephens, Director for Bilateral Agricultural Affairs, Office of the USTR,

(202)395-9637. SUPPLEMENTARY INFORMATION: The 1985 Agreement on the Establishment of a Free Trade Area between the Government of Israel and the Government of the United States of America (Israel FTA) was intended to apply, in full, to trade in all products between the two countries. However, the United States and Israel held differing interpretations as to the meaning of certain rights and obligations related to agricultural products under the Israel FTA. In the interest of achieving practical improvements in agricultural trade between the two countries, the United States and Israel in 1996 signed the Agreement on Trade in Agricultural Products (ATAP). The 1996 ATAP was an adjunct to the Israel FTA. The agreement expired and then was subsequently renewed in 2004 for a period ending on December 31, 2008. According to the ATAP, U.S. agricultural products exported to Israel are divided into three categories:

(1)Products which are exempt from tariffs,

(2)products which are exempt from tariffs within certain quantities (tariff-rate quotas), and

(3)products which are imported at a preferential tariff rate. Following the implementation of the 1985 Israel FTA, most Israeli agricultural products exported to the United States had duty-free access to the U.S. market. However, certain Israeli products remained subject to tariff-rate quotas. Therefore, duty-free quota allocations, in excess of U.S. WTO commitments, are the principle concessions granted to Israeli products as a result of the ATAP. The United States and Israel have committed to initiate a review of the operation of the ATAP and to seek further improvements. In preparation, USTR is soliciting detailed written comments, including data and arguments, addressing:

(a)General and product-specific negotiating objectives for the ATAP;

(b)Economic costs and benefits to U.S. producers and exporters related to the reduction or removal of current restrictions to the Israeli agricultural market;

(c)Product-specific export interests or barriers (described by Harmonized Tariff System numbers);

(d)Detailed accounts of particular trade-restrictive measures that should be addressed in the negotiations; and,

(e)Other relevant issues, including potential environmental implications of the proposed agreement. Written Comments In order to facilitate prompt processing of submissions, the Office of the United States Trade Representative strongly urges and prefers electronic (e-mail) submissions in response to this notice. In the event than an e-mail submission is impossible, submissions should be made by facsimile. Interested persons may submit written comments by Noon, Wednesday, November 14, 2007. All written comments must state clearly the position taken, describe with particularity the supporting rationale, and be in English. The first page of written comments must specify the subject matter, including, as applicable, the product(s) (with HTSUS numbers). Persons making submissions by e-mail should use the following subject line: “United States-Israel ATAP Written Comments.” Documents should be submitted as Adobe PDF, MSWord files or Word Perfect. Supporting documentation submitted as spreadsheets are acceptable as Quattro Pro or Excel. For any document containing business confidential information submitted electronically, the file name of the business confidential version should begin with the characters “BC-” and the file name of the public version should begin with the characters “P-”. The “P-” or “BC-” should be followed by the name of the submitter. Persons who make submissions by e-mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. 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. Written comments will be placed in a file open to public inspection pursuant to 15 CFR 2003.5, except business confidential information submitted in accordance with 15 CFR 2003.6. Business confidential information submitted in accordance with 15 CFR 2003.6 must be clearly marked “Business Confidential” at the top of each page, including any cover letter or cover page, and must be accompanied by a nonconfidential summary of the confidential information. All public documents and nonconfidential summaries shall be available for public inspection in the USTR Reading Room. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the file must be scheduled at least 48 hours in advance and may be made by calling

(202)395-6186. Carmen Suro-Bredie, Chair, Trade Policy Staff Committee. [FR Doc. E7-20374 Filed 10-15-07; 8:45 am] BILLING CODE 3190-W8-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56629; File No. SR-Amex-2007-87] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1, To Amend Section 107 of the Amex Company Guide To Provide an Exception to the Initial Minimum Public Distribution Listing Requirement October 9, 2007. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (“Act”), 2 and Rule 19b-4 thereunder, 3 notice is hereby given that on August 9, 2007, American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule changes as described in Items I and II below, which items have been prepared by the Exchange. On October 4, 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, and is granting accelerated approval to the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 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 Sections 107A, 107C, 107D, 107E, and 107F of the Amex *Company Guide* (“Company Guide”) to provide an exception to the initial minimum public distribution listing requirement of one million trading units for certain equity linked term notes (“Equity-Linked Notes”), index-linked exchangeable notes (“Index-Linked Exchangeable Notes”), index-linked securities (“Index-Linked Securities”), commodity-linked securities (“Commodity-Linked Securities”), and currency-linked securities (“Currency-Linked Securities”) (collectively, “Section 107 Securities”). The text of the proposed rule change is available at the Exchange, 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 III below. The Amex 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 Exchange states that the purpose of this proposal is to permit the listing of certain Section 107 Securities even though the minimum public distribution requirement of one million trading units has not been met at the time of listing. This exception would be conditioned on whether the particular issue provides for the redemption of securities at the option of the holders on at least a weekly basis. In addition, the Exchange proposes to revise the text of the “General Criteria” in each of Sections 107C(a), 107D(a), 107E(a) and 107F(a) to eliminate repetitive rule text that is incorporated by reference to Section 107A of the Company Guide. Pursuant to Section 107 of the Amex Company Guide, the Exchange may approve for listing and trading securities which cannot be readily categorized under the listing criteria for common and preferred securities, bonds, debentures, or warrants. 4 The general listing criteria relating to issuers and the issuance are set forth in Section 107A of the Company Guide. The Exchange in connection with a potential listing of Section 107 Securities evaluates each security against the following criteria in Section 107A:

(1)A market value of at least $4 million; and

(2)a minimum public distribution requirement of one million trading units with a minimum of 400 public shareholders. Two exceptions to these initial listing requirements exist. First, the minimum public distribution requirement is not applicable to an issue traded in thousand dollar denominations. Second, the minimum public shareholder requirement does not apply to securities redeemable at the option of the holder on at least a weekly basis. 4 *See* Securities Exchange Act Release No. 27753 (March 1, 1990), 55 FR 8626 (March 8, 1990) (SR-Amex-89-29). The listing criteria also provides that the issuer must have assets in excess of $100 million and stockholder's equity of at least $10 million, and pre-tax income of at least $750,000 in the last fiscal year or in two of the three prior fiscal years. In the case of an issuer which is unable to satisfy the earning criteria stated in Section 101 of the Company Guide, the Exchange will require the issuer to have the following:

(1)Assets in excess of $200 million and stockholders' equity of at least $10 million; or

(2)assets in excess of $100 million and stockholders' equity of at least $20 million. The Exchange over the past several years added several different generic listing standards in Section 107 for Equity Linked Notes, Index-Linked Exchangeable Notes, Index-Linked Securities, Commodity-Linked Securities, Currency-Linked Securities, and trust certificate securities. These requirements are set forth in Sections 107B, 5 107C, 6 107D, 7 107E, 8 107F, 9 and 107G 10 of the Company Guide, respectively. In each case, an initial minimum public distribution of at least one million trading units is required, except where a security is traded in thousand dollar denominations. The Exchange submits that an exception to the minimum public distribution requirement of one million trading units is necessary for the successful listing of Section 107 Securities that provide for redemption at the option of the holders on at least a weekly basis. 5 *See* Securities Exchange Act Release No. 32343 (May 20, 1993), 58 FR 30833 (May 27, 1993) (SR-Amex-92-42). *See also* Securities Exchange Act Release Nos. 42582 (March 27, 2000), 65 FR 17685 (April 4, 2000) (SR-Amex-99-42) and 47055 (December 19, 2002), 67 FR 79669 (December 30, 2002) (SR-Amex-2002-110). 6 *See* Securities Exchange Act Release No. 44621 (July 30, 2001), 66 FR 41064 (August 6, 2001) (SR-Amex-2001-23). 7 *See* Securities Exchange Act Release No. 51258 (February 25, 2005), 70 FR 10700 (March 4, 2005) (SR-Amex-2005-001). 8 *See* Securities Exchange Act Release No. 55794 (May 22, 2007), 72 FR 29558 (May 29, 2007) (SR-Amex-2007-45). 9 *Id.* 10 *See* Securities Exchange Act Release No. 50355 (September 13, 2004), 69 FR 56252 (September 20, 2004). Sections 107A(b), 107B(a), 107C(a), 107D(a), 107E(a) and 107F(a) currently provide an exception to new listings of Section 107 Securities from the otherwise applicable requirement that the issue have 400 public shareholders upon listing, but only if the issue provides for the redemption of securities at the option of the holders on at least at weekly basis. 11 The Exchange believes that, where there is a weekly redemption right, the same justification exists for an exception from the minimum public distribution requirement to have one million units issued at the time of listing. 11 *See* Securities Exchange Act Release No. 55733 (May 10, 2007), 72 FR 27602 (May 16, 2007) (SR-Amex-2007-34). The Exchange believes that a weekly redemption right will ensure a strong correlation between the market price of Section 107 Securities and the performance of the underlying asset, such as a single security, basket of securities and/or securities index, as holders will be unlikely to sell their securities for less than their redemption value if they have a weekly right to be redeemed for their full value. In addition, in the case of certain Section 107 Securities with a weekly redemption feature, the issuer may have the ability to issue new securities from time to time at market prices prevailing at the time of sale, at prices related to market prices or at negotiated prices. This provides a ready supply of new securities, thereby reducing the potential that Section 107 Security market prices will be affected by a scarcity of available securities. In addition, the ability to issue new securities may assist in maintaining a strong correlation between the market price and indicative value of such securities during the trading day, as investors will unlikely be willing to pay more than the indicative value in the open market if they can acquire the securities from the issuer at such price. The Exchange states that this is based largely on potential arbitrage opportunities that should mitigate the effect of any price differentials. The Exchange believes that the ability to list Section 107 Securities with these characteristics without an initial minimum holder and initial minimum public distribution requirement is important to the successful listing of such securities. Issuers issuing these types of Section 107 Securities generally do not intend to do so by way of an underwritten offering, but instead, initially distribute the securities similar to the manner in which exchange-traded funds, or “ETFs,” are brought to market. In the case of an ETF, shares are initially launched or distributed without a significant distribution event with the share float increasing over time as securities in creation unit size are issued from the issuer at net asset value (“NAV”). Because of market dynamics and the purchasing behavior of investors, it is difficult for an issuer to be able to guarantee a specific number of units on the date of listing in order to meet the initial minimum one million trading unit requirement. However, the Exchange believes that this difficulty in ensuring the sale of one million units on the listing date is not indicative of a likely long-term lack of liquidity in the securities or, for the reasons set forth in the prior paragraph, of a difficulty in establishing a pricing equilibrium in the securities or a successful two-sided market. Accordingly, the Exchange submits that the existence of a weekly redemption option justifies this limited exception to the minimum public distribution requirement. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 12 in general, and furthers the objectives of Section 6(b)(5) of the Act, 13 in particular in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaging 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. 12 15 U.S.C. 78f(b). 13 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 No written comments were solicited, or received, with respect to the proposed rule change, by Amex. III. 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 e-mail to *rule-comments@sec.gov.* Please include File Number SR-Amex-2007-87 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-2007-87. 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 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-Amex-2007-87 and should be submitted by November 6, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange 14 and, in particular, the requirements of Section 6 of the Act. 15 Specifically, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 16 which requires, among other things, that the rules of a national securities exchange be designed 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. 14 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 15 15 U.S.C. 78f. 16 15 U.S.C. 78f(b)(5). The Commission believes that this proposal should benefit investors by providing an exception to the minimum public distribution requirements for Section 107 Securities with a weekly redemption right. The Commission believes that the market price of Section 107 Securities with a weekly redemption right should exhibit a strong correlation to the performance of the relevant underlying index or asset, since holders of such securities will be unlikely to sell them for less than their redemption value if they have a weekly right to be redeemed for their full value. The Commission believes that this exception is reasonable and should allow for the listing and trading of certain Section 107 Securities that would otherwise not be able to be listed and traded on the Exchange. The Commission finds good cause for approving the proposed rule change prior to the 30th day after the date of publication of the notice of filing thereof in the **Federal Register** . The Commission does not believe that the Exchange's proposal raises any novel regulatory issues. 17 In addition, the Commission believes that accelerating approval of this proposal should benefit investors by creating, without undue delay, additional competition in the market for Section 107 securities. 17 *See* Securities Exchange Act Release No. 56271 (August 16, 2007), 72 FR 47107 (August 22, 2007) (SR-NYSE-2007-74). Therefore the Commission finds good cause, consistent with Section 19(b)(2) of the Act, 18 to approve the proposed rule change on an accelerated basis. 18 15 U.S.C. 78s(b)(2). V. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 19 that the proposed rule change, as amended (SR-Amex-2007-87), be, and it hereby is, approved on an accelerated basis. 19 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 20 20 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20359 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56636; File No. SR-Amex-2007-108] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of Proposed Rule Change To Increase the Annual Listing Fees for Certain Stock Issues of Listed Companies October 10, 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 October 3, 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. 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 Section 141 of the Amex *Company Guide* to increase the annual listing fees for certain stock issues of listed companies. The text of the proposed rule change is available at *http://www.amex.com* , the Exchange's principal office, and 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 Amex proposes to amend Section 141 of the *Company Guide* to increase the annual listing fees for certain stock issues of listed companies. The Exchange believes it is appropriate to increase these fees to cover the costs for maintaining its current programs and also to better align the Exchange's annual listing fees with those of the Nasdaq Capital Market. The Amex marketplace most closely resembles the Nasdaq Capital Market in terms of listing standards and demographics of listed companies, *i.e.* similar market capitalizations, trading volumes, and stage of development. On April 18, 2007, the Commission adopted an amendment to Rule 146(b) of the Securities Act of 1933 (“1933 Act”), to designate securities listed or authorized for listing on the Nasdaq Capital Market as “covered securities” under Section 18 of the 1933 Act. 3 Covered securities under Section 18 of the 1933 Act are exempt from state law registration requirements (“Blue Sky Laws”). Such an exemption from Blue Sky Laws, which companies listed on Amex have long enjoyed, further renders the Nasdaq Capital Market even more similar to the Amex marketplace. While the Nasdaq Capital Market is substantially similar to the Amex equity marketplace, the Exchange believes that certain services—such as associated service offerings, the AMEX IR Alliance, and the AMEX online targeting tool—are provided free of charge to listed companies at Amex, while similar services provided by the Nasdaq Capital Market are subject to fees. 3 *See* Securities Exchange Act Release No. 33-8791 (April 18, 2007), 72 FR 20410 (April 24, 2007) (S7-18-06). Annual Listing Fee The annual fees set forth in Section 141 of the Amex *Company Guide,* as depicted in the chart below, currently range from $16,500 to $34,000 depending on the number of shares outstanding. In contrast, the Nasdaq Capital Market charges a flat fee of $27,500 across all levels of shares outstanding. The Exchange's current annual listing fees for stock issues are set forth below: Number of shares Fee 5,000,000 shares or less $16,500.00 5,000,001 to 10,000,000 shares 19,000.00 10,000,001 to 25,000,000 shares 21,500.00 25,000,001 to 50,000,000 shares 24,500.00 50,000,001 to 75,000,000 shares 32,500.00 In excess of 75,000,000 shares 34,000.00 This proposal seeks to amend the annual listing fees set forth in Section 141 of the Amex *Company Guide* as follows: Number of shares Fee 50,000,000 shares or less $27,500.00 50,000,001 to 75,000,000 shares 32,500.00 In excess of 75,000,000 shares 34,000.00 In effect, the Exchange through this proposal would raise annual listing fees only for those outstanding stock issues of 50 million shares or less. The Exchange believes that the proposed rule change is an equitable allocation of annual listings fees for equity issues consistent with Section 6(b)(4) of the Act. 4 The Exchange further submits that the proposed increases in the annual listing fees for stock issues of 50 million shares or less are appropriate for the purpose of generating revenue to fund Exchange operations and to better align its fees with those of the Nasdaq Capital Market. 4 15 U.S.C. 78f(b). 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act 5 in general, and furthers the objectives of Sections 6(b)(4) of the Act 6 in particular, in that the proposed rule change provides for the equitable allocation of reasonable dues, fees, and other charges among members and issuers and other persons using the Exchange's facilities. 5 15 U.S.C. 78f(b). 6 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 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

(i)as the Commission may designate up to ninety 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-2007-56 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-2007-56. 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 Amex's principal office and on Amex's Web site ( *http://www.amex.com* ). 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-2007-56 and should be submitted on or before November 6, 2007. For the Commission by the Division of Market Regulation pursuant to delegated authority. 4 4 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20363 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56632; File No. SR-CBOE-2007-82] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change as Modified by Amendment No. 1 Thereto To Allow the Exchange To List Up to Seven Expiration Months for Broad-Based Security Index Options Upon Which the Exchange Calculates a Constant Three-Month Volatility Index October 9, 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 17, 2007, the Chicago Board Options Exchange, Incorporated ( “Exchange” or “CBOE”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On September 19, 2007, CBOE filed 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 amend Rule 24.9(a)(2), *Terms of Index Option Contracts* , to allow the Exchange to list up to seven expiration months for broad-based security index options upon which the Exchange calculates a constant three-month volatility index. The Exchange also proposes to remove outdated rule text from Rule 24.9(a)(2). The text of the rule proposal is available on the Exchange's Web site ( *http://www.cboe.org/legal* ), at the Exchange's Office of the Secretary, and at the Commission. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE 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. CBOE 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 filing is to amend Rule 24.9(a)(2), Terms of Index Options, to allow the Exchange to list up to seven expiration months for broad-based security index options upon which the Exchange calculates a constant three-month volatility index. Currently, Rule 24.9(a)(2) permits the Exchange to list only six expiration months in any index options at any one time. Volatility products offer investors a unique set of tools for speculating and hedging. For example, CBOE Volatility Index (“VIX”) options, first introduced in February 2006, have proven to be one of the Exchange's most successful new products ever listed, currently averaging over 90,000 contracts traded per day. The Exchange plans to introduce new volatility products and new volatility indexes in the near future. One such index is the CBOE S&P 500 Three-Month Volatility Index (“VXV”). 3 3 The Exchange calculates volatility indexes on other broad-based security indexes, such as the Dow Jones Industrial Average index (“DJX”), the Nasdaq-100 index (“NDX”), and the Russell 2000 index (“RUT”). The Exchange may calculate a constant three-month volatility index on DJX, NDX or RUT in the future. Similar to the VIX, the VXV is a measure of S&P 500 implied volatility—the volatility implied by S&P option prices—but instead of reflecting a constant 1-month implied volatility period, VXV is designed to reflect the implied volatility of an option with a constant 3 months to expiration. Since there is only one day on which an option has exactly 3 months to expiration, VXV is calculated as a weighted average of options expiring immediately before and immediately after the three-month standard. Accordingly, the Exchange would need to use four consecutive expiration months in order to calculate a constant three-month volatility index. Under the current application of CBOE Rule 24.9(a)(2), the Exchange generally lists three consecutive near term months and three months on a quarterly expiration cycle. One of the three consecutive near term months is always a quarterly month; however, that near term contract month (which is also a quarterly month) is not included as part of the three months listed on a quarterly expiration cycle. Therefore, in order to permit the addition of four consecutive near term months under current Rule 24.9(a)(2), the Exchange would only be able to list two months on a quarterly expiration cycle. Because of customer demand and other investment strategy reasons for having three months on a quarterly expiration cycle, the Exchange is seeking to increase, from six to seven, the number of expiration months for broad-based security index options upon which the Exchange calculates a constant three-month volatility index. Without this proposed rule change, if the Exchange calculated a three-month volatility using only three consecutive near term months, this would result in the VXV being calculated with options expiring three months apart about one-third of the time. Another one-third of the time, VXV would be calculated with options expiring two months apart. And the final one-third of the time, VXV would be calculated with options expiring one month apart. As a result, the calculation of the three-month VXV under current Rule 24.9(a)(2) would render the VXV subject to inconsistencies that may make the index unattractive as an underlying for volatility products. The proposed rule change will permit the Exchange, eight times a year, to add an additional seventh month in order to maintain four consecutive near term contract months. The following examples illustrate the need for a seventh month in order to maintain four consecutive near term contract months. In the following examples, “X” represents RUT contract months that will be listed under the current application of Rule 24.9(a)(2). Example 1: After September 2007 expiration, under the proposed rule change, the Exchange will list January 2008 RUT contracts in order to have four consecutive near term contract months. Consecutive near term months Oct 07 Nov 07 Dec 07 7th Month March quarterly expiration cycle Mar 08 June 08 Sept 08 X X X Jan 08 X X X Example 2: After October 2007 expiration, under the proposed rule change, the Exchange will list February 2008 RUT contracts in order to have four consecutive near term contract months. Consecutive near term months Nov 07 Dec 07 Jan 07 7th Month March quarterly expiration cycle Mar 08 June 08 Sept 08 X X X Feb 08 X X X Example 3: After November 2007 expiration, the Exchange will not have to add a seventh RUT contract month because there will already be four consecutive near term contract months. Consecutive near term months Dec 07 Jan 08 Feb 08 7th Month March quarterly expiration cycle Mar 08 June 08 Sept 08 X X X N/A X X X Example 4: After December 2007 expiration, under the proposed rule change, the Exchange will list April 2008 RUT contracts in order to have four consecutive near term contract months, and to maintain three contract months on the March quarterly expiration cycle, the Exchange will list December 2008 RUT contracts. Consecutive near term months Jan 08 Feb 08 Mar 08 7th Month March quarterly expiration cycle June 08 Sept 08 Dec 08 X X X April 08 X X X Therefore, the Exchange believes that the addition of a fourth consecutive near-term month for broad-based security index options upon which the Exchange calculates a constant three-month volatility index will result in a consistent calculation in which the option series that bracket three months to expiration will always expire one month apart. In order to accommodate the listing of a fourth consecutive near-term month and to maintain the listing of three months on a quarterly expiration cycle, the Exchange proposes the increase, from six to seven, the number of expiration months for broad-based security indexes on which the Exchange calculates a constant three-month volatility index. The Exchange also proposes to remove outdated rule text from Rule 24.9(a)(2). Specifically, the Exchange proposes to delete the provision that permitted the Exchange to list up to seven expiration months at anyone time for the SPX, MNX and DJX index option contracts, provided that one of those expiration months is November 2004. 4 This allowance has since expired and should be deleted from the Exchange's Rulebook. 4 This provision was added in July 2004 in response to customer demand for index options expiring in November 2004 to hedge positions in stocks overlying particular index options or to hedge market exposure to the equity markets generally against the uncertainty presented by the elections. *See* Securities Exchange Act Release No. 50063 (July 22, 2004), 69 FR 45357 (July 29, 2004)(SR-CBOE-2004-49). Capacity CBOE has analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority have the necessary systems capacity to handle the additional traffic associated with the additional listing of a seventh contract month in order to maintain four consecutive near term contract months for those broad-based security index options upon which the Exchange calculates a constant three-month volatility index. 2. Statutory Basis Because the increase in the number of expiration months is limited to broad-based security indexes upon which the Exchange calculates a constant three-month volatility and because the series could be added without presenting capacity problems, the Exchange believes the rule proposal is consistent with the Act and the rules and regulations under the Act applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act. 5 Specifically, the Exchange believes that the proposed rule change is consistent with the Section 6(b)(5) Act 6 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and, in general, to protect investors and the public interest. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of 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 neither solicited nor received comments on the proposal. 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-CBOE-2007-82 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-CBOE-2007-82. 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 CBOE. 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-CBOE-2007-82 and should be submitted on or before November 6, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 7 7 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20361 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56633; File No. SR-ISE-2007-60] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 4 Thereto, Adopting Generic Listing Standards for Exchange-Traded Funds Based on International or Global Indexes or Indexes Described in Exchange Rules Previously Approved by the Commission as Underlying Benchmarks for Derivative Securities October 9, 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 12, 2007, the International Securities Exchange, LLC (“Exchange” or “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 the Exchange. On August 6, 2007, ISE submitted Amendment No. 1 to the proposed rule change. On August 7, 2007, ISE withdrew Amendment No. 1 and filed Amendment No. 2 to the proposed rule change. On August 15, 2007, ISE filed Amendment No. 3 to the proposed rule change, and on October 9, 2007, ISE filed Amendment No. 4 to the proposed rule change. 3 This order provides notice of the proposal, as amended, and approves the proposal on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Amendment No. 4 replaces and supersedes the original rule filing and all previous amendments thereto. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change ISE proposes to revise its Rule 2123 to include generic listing standards for series of Investment Company Units (“ICUs”) that are based on U.S. indexes or portfolios, international or global indexes or portfolios, or on indexes or portfolios described in proposed rule changes previously approved by the Commission under Section 19(b)(2) of the Act for the trading of ETFs, options, or other specified index-based securities. Additionally, the Exchange proposes to adopt ISE Rule 2131 to allow for the listing and trading of Portfolio Depositary Receipts (“PDRs”) 4 that are based on U.S. indexes or portfolios, international or global indexes or portfolios, or on indexes or portfolios previously approved by the Commission under Section 19(b)(2) of the Act for the trading of ETFs, options, or other specified index-based securities. Further, the Exchange proposes to modify subsection (c)(4) of ISE Rule 2123 to eliminate the requirement that the calculation methodology for the index underlying a series of ICUs be one of those enumerated in subsection (c)(4). The text of the proposed rule change is available at ISE, on ISE's Web site ( *http://www.ise.com* ), and from the Commission's Public Reference Room. 4 ICUs and PDRs are referred to collectively as “ETFs.” 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 III 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 Exchange proposes to revise its Rule 2123 and adopt ISE Rule 2131 to include generic listing standards for series of ICUs and PDRs that are based on U.S. indexes or portfolios, international or global indexes or portfolios, or on indexes or portfolios described in rules previously approved by the Commission under Section 19(b)(2) of the Act for the trading of ETFs, options, or other specified index-based securities. Additionally, proposed ISE Rule 2131 includes generic listing standards for PDRs based on an index or portfolio that consists of stocks listed on U.S. exchanges. This proposed rule change would enable the Exchange to list and trade ETFs pursuant to Rule 19b-4(e) under the Act 5 if each of the conditions set forth in ISE Rules 2123 or 2131, as applicable, is satisfied. Rule 19b-4(e) provides that the listing and trading of a new derivative securities product by a self-regulatory organization (“SRO”) shall not be deemed a proposed rule change, pursuant to paragraph (c)(1) of Rule 19b-4, 6 if the Commission has approved, pursuant to Section 19(b) of the Act, the SRO's trading rules, procedures, and listing standards for the product class that would include the new derivatives securities product, and the SRO has a surveillance program for the product class. 7 The Commission has approved similar proposals by other exchanges. 8 5 17 CRF 240.19b-4(e). 6 17 CFR 240.19b-4(c)(1). 7 When relying on Rule 19b-4(e), the SRO must submit Form 19b-4(e) to the Commission within five business days after the exchange begins trading the new derivative securities products. *See* 17 CFR 240.19b-4(e)(2)(ii). 8 *See* Securities Exchange Act Release No. 55621 (April 12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86); Securities Exchange Act Release No. 55269 (February 9, 2007), 72 FR 7490 (February 15, 2007) (SR-Nasdaq-2006-050); Securities Exchange Act Release No. 55113 (January 17, 2007), 72 FR 3179 (January 24, 2007) (SR-NYSE-2006-101); Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-Amex-2006-78); Securities Exchange Act Release No. 44532 (July 10, 2001), 66 FR 37078 (July 19, 2001) (SR-Amex-2001-25) (modifying generic listing standards for PDRs). a. Background on ETFs Currently, ISE Rule 2123 provides standards for the listing of ICUs on the Exchange. ICUs are securities issued by a unit investment trust, an open-end management investment company (“open-end mutual fund”) registered under the Investment Company Act of 1940 9 (“1940 Act”), or similar entity based on a portfolio of securities (including fixed income securities) that seeks to provide investment results that correspond generally to the price and yield performance of an index or portfolio of securities. The net asset value (“NAV”) is calculated once a day after the close of the regular trading day. Proposed ISE 2131 allows for the listing and trading of PDRs on the Exchange. PDRs represent securities based on a unit investment trust that holds the securities that comprise an index or portfolio underlying a series of PDRs. Pursuant to ISE Rules 2123 and 2131, ICUs and PDRs must be issued in a specified aggregate minimum number in return for a deposit of specified securities and/or a cash amount, with a value equal to the next determined NAV. When aggregated in the same specified minimum number, ICUs and PDRs must be redeemable by the issuer for the securities and/or cash, with a value equal to the next determined NAV. 9 15 U.S.C. 80a. To meet the investment objective of providing investment returns that correspond to the price and the dividend and yield performance of the underlying index, an ETF may use a “replication” strategy or a “representative sampling” strategy with respect to the ETF portfolio. 10 10 In either case, an ETF, by its terms, may be considered invested in the securities of the underlying index to the extent the ETF invests in sponsored American Depository Receipts (“ADRs”), Global Depository Receipts (“GDRs”), or European Depository Receipts (“EDRs”) that trade on exchanges with last-sale reporting representing securities in the underlying index. An ETF using a replication strategy invests in each stock of the underlying index in about the same proportion as that stock is represented in the index itself. An ETF using a representative sampling strategy generally invests in a significant number, but not all of the component securities of the underlying index, and will hold stocks that, in the aggregate, are intended to approximate the full index in terms of key characteristics, such as price/earnings ratio, earnings growth, and dividend yield. In addition, an ETF portfolio may be adjusted in accordance with changes in the composition of the underlying index or to maintain compliance with requirements applicable to a regulated investment company under the Internal Revenue Code (“IRC”). 11 11 For an ETF to qualify for tax treatment as a regulated investment company, it must meet several requirements under the IRC, including requirements with respect to the nature and value of the ETF's assets. ETFs listed pursuant to these proposed generic listing standards (discussed below) or that are traded pursuant to unlisted trading privileges (“UTP”) would be traded, in all other respects, under the Exchange's existing trading rules and procedures that apply to ETFs, and would be covered under the Exchange's surveillance program for equities. The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of ETFs listed pursuant to the proposed new listing standards or traded pursuant to UTP. In addition, the Exchange has a general policy prohibiting the dissemination of material, non-public information by its employees. The Exchange believes that adopting generic listing standards and applying Rule 19b-4(e) should fulfill the intended objective of that rule by allowing those ETFs that satisfy the proposed generic listing standards to commence trading, without the need for a public comment period and Commission approval. The proposed rules have the potential to reduce the time frame for bringing ETFs to market, thereby reducing the burdens on issuers and other market participants. The failure of a particular index or portfolio to comply with the proposed generic listing standards under Rule 19b-4(e) would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) requesting Commission approval to list and trade an ETF based on that index or portfolio. b. Proposed Generic Listing Standards for PDRs Based on U.S. Stocks The Commission has previously approved generic listing standards for ETFs based on indexes or portfolios that consist of stocks listed on U.S. exchanges. 12 Proposed Rule 2131 sets forth generic listing standards for PDRs based on an index or portfolio of U.S. Component Stocks, which shall meet the following criteria: 12 *See* ISE Rule 2123; Securities Exchange Act Release No. 54528 (September 28, 2006), 71 FR 58650 (October 4, 2006) (SR-ISE-2006-48) (approving generic listing standards for ICUs); Securities Exchange Act Release No. 44532 (July 10, 2001), 66 FR 37078 (July 19, 2001) (SR-Amex-2001-25) (modifying generic listing standards for PDRs). • Component stocks that in the aggregate account for at least 90% of the weight of the index or portfolio each shall have a minimum market value of at least $75 million (.01(a)(1)(i) of the Supplementary Material to Rule 2131); • Component stocks that in the aggregate account for at least 90% of the weight of the index or portfolio each shall have a minimum monthly trading volume during each of the last six months of at least 250,000 shares (.01(a)(1)(ii) of the Supplementary Material to Rule 2131); • The most heavily weighted component stock shall not exceed 25% of the weight of the index or portfolio, and the five most heavily weighted component stocks shall not exceed 65% of the weight of the index or portfolio (.01(a)(1)(iii) of the Supplementary Material to Rule 2131); • The index or portfolio shall include a minimum of 13 component stocks (.01(a)(1)(iv) of the Supplementary Material to Rule 2131); and • All securities in the index or portfolio shall be U.S. Component Stocks listed on a national securities exchange and shall be NMS stocks as defined in Rule 600 of Regulation NMS under the Act (.01(a)(1)(v) of the Supplementary Material to Rule 2131). c. Proposed Listing and Trading Requirements for ETFs Based on International or Global Indexes or Portfolios To list an ICU or PDR pursuant to the proposed generic listing standards for international and global indexes or portfolios, the index or portfolio underlying the ETF must satisfy all the conditions contained in proposed ISE Rule 2123(c)(2)(ii) or

(iii)and .01(a)(2) or

(3)of the Supplementary Material to proposed ISE Rule 2131, respectively. However, for ICUs and PDRs traded on the Exchange pursuant to UTP, only the provisions of proposed ISE Rules 2123(c)(3), (c)(5), (e), (f), and (i); 2131(c) and (e)(2)(ii); and .01(c), (e), (f), and

(g)of Supplementary Material to proposed ISE Rule 2131, respectively, will apply. These paragraphs relate to the dissemination of information, surveillance procedures, trading halts, prospectus delivery, trading hours, and minimum price variation. As with the existing generic listing standards for ETFs based on domestic indexes or portfolios, these generic listing standards for international and global indexes or portfolios are intended to ensure that stocks with substantial market capitalization and trading volume account for a substantial portion of the weight of an index or portfolio. While the standards in this proposal are based on the standards contained in the current generic listing standards for ETFs based on domestic indexes or portfolios, they have been adapted as appropriate to apply to international and global indexes or portfolios. The proposed criteria for the underlying component securities in the international and global indexes are similar to those for the domestic indexes or portfolios, but with modifications for the issues and risks associated with non-U.S. securities. In addition, the Commission has previously approved similar generic listing standards as those proposed in this filing. 13 13 *See supra* note 8. ISE Rules 2123(b) and 2131(a) would include definitions of “U.S. Component Stock” and “Non-U.S. Component Stock.” These new definitions would provide the basis for the standards for indexes or portfolios with either domestic or international stocks, or a combination of both. A “Non-U.S. Component Stock” would mean an equity security that is not registered under Section 12(b) or 12(g) of the Act, 14 and that is issued by an entity that:

(a)is not organized, domiciled, or incorporated in the United States; and

(b)is an operating company (including a real estate investment trust

(REIT)or income trust, but excluding an investment trust, unit trust, mutual fund, or derivative). This definition is designed to create a category of component stocks that are issued by companies that are not based in the United States, but are not subject to oversight through Commission registration, and would include sponsored GDRs and EDRs. A “U.S. Component Stock” would mean an equity security that is registered under Section 12(b) or 12(g) of the Act or an ADR, the underlying equity security of which is registered under Section 12(b) or 12(g) of the Act. 14 15 U.S.C. 78 *l*

(b)or (g). An ADR with an underlying equity security that is registered pursuant to the Act is considered a U.S. Component Stock because the issuer of that underlying security is subject to Commission jurisdiction and must comply with Commission rules. The Exchange proposes that, to list an ETF based on an international or global index or portfolio pursuant to the generic listing standards, such index or portfolio must meet the following criteria: • Component stocks that in the aggregate account for at least 90% of the weight of the index or portfolio each must have a minimum market value of at least $100 million (proposed ISE Rule 2123(c)(2)(ii)(A) and .01(a)(2)(i) of the Supplementary Material to proposed ISE Rule 2131); • Component stocks representing at least 90% of the weight of the index or portfolio each must have a minimum worldwide monthly trading volume during each of the last six months of at least 250,000 shares (proposed ISE Rule 2123(c)(2)(ii)(B) and .01(a)(2)(ii) of the Supplementary Material to proposed ISE Rule 2131); • The most heavily weighted component stock may not exceed 25% of the weight of the index or portfolio and the five most heavily weighted component stocks may not exceed 60% of the weight of the index or portfolio (proposed ISE Rule 2123(c)(2)(ii)(C) and .01(a)(2)(iii) of the Supplementary Material to proposed ISE Rule 2131); • The index or portfolio shall include a minimum of 20 component stocks (proposed ISE Rule 2123(c)(2)(ii)(D) and .01(a)(2)(iv) of the Supplementary Material to proposed ISE Rule 2131); and • Each U.S. Component Stock in the index or portfolio must be listed on a national securities exchange and be an NMS stock as defined in Rule 600 of Regulation NMS under the Act, and each Non-U.S. Component Stock in the index or portfolio must be listed on an exchange that has last-sale reporting (proposed ISE Rule 2123(b)(2)(ii)(E) and .01(a)(2)(v) of the Supplementary Material to proposed ISE Rule 2131). The Exchange believes that these proposed standards are reasonable for international and global indexes and portfolios and, when applied in conjunction with the other listing requirements, would result in the listing and trading on the Exchange of ETFs that are sufficiently broad-based in scope and not readily susceptible to manipulation. The Exchange also believes that the proposed standards would result in ETFs that are adequately diversified in weighting for any single security or small group of securities to significantly reduce concerns that trading in an ETF based on an international or global index or portfolio could become a surrogate for the trading of securities not registered in the United States. The Exchange further notes that, while these standards are similar to those for indexes and portfolios that include only U.S. Component Stocks, they differ in certain important respects and are generally more restrictive, reflecting greater concerns over portfolio diversification with respect to ETFs investing in components that are not individually registered with the Commission. First, in the proposed standards, component stocks that in the aggregate account for at least 90% of the weight of the index or portfolio each shall have a minimum market value of at least $100 million, compared to a minimum market value of at least $75 million for indexes with only U.S. Component Stocks. 15 Second, in the proposed standards, the most heavily weighted component stock cannot exceed 25% of the weight of the index or portfolio, in contrast to a 30% standard for an index or portfolio comprised of only U.S. Component Stocks. Third, in the proposed standards, the five most heavily weighted component stocks shall not exceed 60% of the weight of the index or portfolio, compared to a 65% standard for indexes comprised of only U.S. Component Stocks. Fourth, the minimum number of component stocks in the proposed standards is 20, in contrast to a minimum of 13 in the standards for an index or portfolio with only U.S. Component Stocks. Finally, the proposed standards require that each Non-U.S. Component Stock included in the index or portfolio be listed and traded on an exchange that has last-sale reporting. 15 Market value is calculated by multiplying the total shares outstanding by the price per share of the component stock. The Exchange also proposes to modify ISE Rule 2123(c)(3) and to adopt .01(b)(2) of the Supplementary Material to proposed ISE Rule 2131 to require that the index value for an ETF listed pursuant to the proposed standards for international and global indexes be widely disseminated by one or more major market data vendors at least every 60 seconds during the time when the ETF shares trade on the Exchange. If the index value does not change during some or all of the period when trading is occurring on the Exchange, the last official calculated index value must remain available throughout Exchange trading hours. In contrast, the index value for an ETF listed pursuant to the existing standards for domestic indexes must be disseminated at least every 15 seconds during the trading day. This modification reflects limitations, in some instances, on the frequency of intra-day trading information with respect to Non-U.S. Component Stocks and that, in many cases, trading hours for overseas markets overlap only in part, or not at all, with Exchange's trading hours. In addition, ISE Rule 2123(c)(3) is being modified and .01(c) of the Supplementary Material to proposed ISE Rule 2131 is being adopted to define the term “Intraday Indicative Value” (“IIV”) as the estimate of the value of a share of each ETF that is updated at least every 15 seconds during ISE's trading hours. The Exchange also proposes to clarify in ISE Rule 2123(c)(3) that the IIV would be updated during the hours the ETF trades on the Exchange to reflect changes in the exchange rate between the U.S. dollar and the currency in which any component stock is denominated. The Exchange is also proposing to add an ISE Rule 2123(c)(6) and .01(h) of the Supplemental Material to proposed ISE Rule 2131 regarding the creation and redemption process for ETFs and compliance with federal securities laws for, in particular, ETFs listed pursuant to the new generic listing standards for international and global indexes or portfolios described in rules previously approved by the Commission under Section 19(b)(2) of the Act. These new provisions would apply to ICUs listed pursuant to ISE Rule 2123(c)(2)(ii) or

(iii)or PDRs listed pursuant to .01(a)(2) and

(3)of the Supplementary Material to proposed ISE Rule 2131, respectively. These new standards would require that the statutory prospectus or the application for exemption from provisions of the 1940 Act 16 for the ETF being listed pursuant to these new standards state that the ETF must comply with the federal securities laws in accepting securities for deposits and satisfying redemptions with redemption securities, including that the securities accepted for deposits and the securities used to satisfy redemption requests are sold in transactions that would be exempt from registration under the Securities Act of 1933. 17 16 15 U.S.C. 80a. 17 15 U.S.C. 77a. *et seq.* d. Proposed Listing and Trading Requirements for ETFs Based on Indexes or Portfolios Described in a Previously Approved Rule The Commission has approved generic listing standards providing for the listing pursuant to Rule 19b-4(e) of other derivative securities products based on indexes or portfolios described in rules previously approved by the Commission under Section 19(b)(2) of the Act. The Exchange proposes to add generic listing standards for ETFs that are based on such indexes or portfolios. The Exchange believes that the application of this standard to ETFs is appropriate because the underlying index or portfolio would have been subject to Commission review in the context of the approval of those other proposed rule changes. This new generic listing standard would be limited to stock indexes and portfolios and would require that each component stock be either:

(a)a U.S. Component Stock that is listed on a national securities exchange and is an NMS stock as defined in Rule 600 of Regulation NMS under the Act; or

(b)a Non-U.S. Component Stock that is listed and traded on an exchange that has last-sale reporting. e. Other Proposals The Exchange is proposing to delete general language addressing the applicability of trading halts, which appears in ISE Rule 2123(b)(3), and to add a paragraph

(e)to ISE Rule 2123 to more thoroughly address trading halts. The Exchange is also adopting ISE Rule 2131(e)(2)(ii) to address trading halts in PDRs. Specifically, proposed Rule 2123(e) and 2131(e)(2)(ii) require the Exchange to halt trading in a series of ICUs or PDRs (as applicable) whenever a market-wide trading halt has been implemented in response to extraordinary market conditions. In exercising its discretion to halt or suspend trading in a series of ETFs, the Exchange may consider factors such as the extent to which trading in the underlying securities is not occurring or whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present, in addition to other factors that may be relevant. When the Exchange is the listing market for a series of ETFs, if the IIV or the official index value applicable to that ETF series 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 official 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. When the Exchange is trading a series of an ETF pursuant to UTP, the Exchange will immediately halt trading in that ETF series if a temporary interruption occurs in the calculation or wide dissemination of the applicable IIV or value of the underlying index by a major market data vendor and the listing market halts trading in such ETF series. Further, if the IIV or the value of the underlying index continues not to be calculated or widely available as of the next business day, the Exchange will not begin trading in that series of ETFs. If an interruption in the calculation or wide dissemination of the IIV or the value of the underlying index continues, the Exchange may resume trading in the ETF series only if calculation and wide dissemination of the IIV or the value of the underlying index resumes or trading in such series resumes in the listing market. The Exchange proposes to adopt ISE Rule 2131(f) to limit its liability with respect to the dissemination of information related to PDRs. ISE already has in place a similar provision in ISE Rule 2123(e). Further, proposed ISE Rule 2131(f) is identical to NYSE Arca Rule 8.100(f) (Limitation of Liability of the Corporation). The Exchange also proposes to eliminate the requirement that the prescribed calculation methodology for the index underlying a series of ICUs must be one of those enumerated in the ISE Rule 2123(c)(4). The proposed rule change is based on approved rule changes of the Amex, NYSE, and NYSE Arca. 18 18 *See* Securities Exchange Act Release No. 55546 (March 27, 2007), 72 FR 15929 (April 3, 2007) (SR-NYSEArca-2007-14) (approving the elimination of the requirement regarding index weighting and calculation methodology); Securities Exchange Act Release No. 55545 (March 27, 2007), 72 FR 15928 (April 3, 2007) (SR-NYSE-2007-12); Securities Exchange Act Release No. 55544 (March 27, 2007), 72 FR 15923 (April 3, 2007) (SR-Amex-2007-07). The Exchange is proposing other minor and clarifying changes to ISE Rule 2123. ISE Rule 2123(c)(2)(i)(E) has been modified to reflect the adoption of Regulation NMS. Proposed Rule 2123(c) has been added to make sure that an entity that advises an index provider or calculator and related entities has in place procedures designed to prevent the use and dissemination of material non-public information regarding the index underlying the ETFs. Additionally, the Exchange is proposing to amend Appendix A to Chapter 21 (ISE Stock Exchange, LLC Trading Rules) to include reference to ISE Rules 702 (Trading Halts) and 703 (Trading Halts Due to Extraordinary Market Volatility) to clarify that both of these rules apply to securities traded on the ISE Stock Exchange. 2. Statutory Basis The basis under the Act for this proposed rule change is found in Section 6(b)(5) of the Act. 19 The Exchange believes that the proposed rule change is consistent with Section 6(b)(5) requirements that the rules of an exchange be designed to promote just and equitable principles of trade, 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. 19 15 U.S.C. 78f(b)(5). 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 The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. 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-2007-60 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-2007-60. 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 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-2007-60 and should be submitted on or before November 6, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change After careful review, the Commission finds that the proposed rule change, as amended, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 20 In particular, the Commission finds that the proposal is consistent with Section 6(b)(5) of the Act 21 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, 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. 20 In approving this rule change, the Commission notes that it has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 21 15 U.S.C. 78f(b)(5). Currently, the Exchange must file a proposed rule change with the Commission pursuant to Section 19(b)(1) of the Act 22 and Rule 19b-4 thereunder 23 to list and trade, or trade pursuant to UTP, any ETF based on an index or portfolio comprised of foreign securities. The Exchange also must file a proposed rule change to list and trade, or trade pursuant to UTP, ETFs based on indexes or portfolios described in rule changes that have previously been approved by the Commission as underlying benchmarks for derivative securities. However, Rule 19b-4(e) provides that the listing or trading of a new derivative securities product by an SRO will not be deemed a proposed rule change pursuant to Rule 19b-4(c)(1) if the Commission has approved, pursuant to Section 19(b) of the Act, the SRO's trading rules, procedures, and listing standards for the product class that would include the new derivative securities product, and the SRO has a surveillance program for the product class. ISE's proposed rules for the listing and trading of ETFs pursuant to Rule 19b-4(e) based on

(1)certain indexes or portfolios with components that include foreign securities or

(2)indexes or portfolios described in exchange rules that have been previously approved by the Commission as underlying benchmarks for derivative securities, fulfill these requirements. Use of Rule 19b-4(e) by ISE to list and trade such ETFs should promote competition, reduce burdens on issuers and other market participants, and make such ETFs available to investors more quickly. 24 22 15 U.S.C. 78s(b)(1). 23 17 CFR 240.19b-4. 24 The Commission notes, however, that the failure of a particular ETF to meet these generic listing standards would not preclude ISE from submitting a separate proposed rule change to list and trade the ETF. The Commission previously has approved generic listing standards for other exchanges that are substantially similar to those proposed here by ISE. 25 This proposal does not appear to raise any novel regulatory issues. Therefore, the Commission finds that ISE's proposal is consistent with the Act on the same basis that it approved the other exchanges' generic listing standards for ETFs based on U.S. component stocks, international or global indexes or portfolios, and indexes or portfolios described in exchange rules that have been previously approved by the Commission as underlying benchmarks for derivative securities. 25 *See, e.g.* , Securities Exchange Act Release No. 55621 (April 12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86); Securities Exchange Act Release No. 55269 (February 9, 2007), 72 FR 19571 (February 15, 2007) (SR-NASDAQ-2006-50); Securities Exchange Act Release No. 55113 (January 17, 2007), 72 FR 3179 (January 24, 2007) (SR-NYSE-2006-101); Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2007) (SR-Amex-2006-78). Proposed ISE Rule 2123(c) and .01(a) of the Supplementary Material to proposed ISE Rule 2131 establish standards for the composition of an index or portfolio underlying an ETF that may be listed or traded on ISE. These requirements are designed, among other things, to require that components of an index or portfolio underlying the ETF are adequately capitalized and sufficiently liquid, and that no one security dominates the index. The Commission believes that, taken together, these standards are reasonably designed to ensure that securities with substantial market capitalization and trading volume account for a substantial portion of any underlying index or portfolio, and when applied in conjunction with the other applicable listing requirements will permit the listing and trading of only ETFs that are sufficiently broad-based in scope to minimize potential manipulation. The Commission further believes that the proposed listing standards are reasonably designed to preclude ISE from listing and trading ETFs that might be used as surrogate for trading in unregistered securities. The requirement that each component security underlying an ETF be an NMS stock (in the case of a U.S. Component Stock) or listed on an exchange and subject to last-sale reporting (in the case of a Non-U.S. Component Stock) also should contribute to the transparency of the market for these ETFs. The proposed generic listing standards will permit ISE to list and trade an ETF if the Commission has previously approved an SRO rule change that contemplates listing and trading a derivative product based on the same underlying index. ISE would be able to rely on that earlier approval order, provided that:

(1)Each of the securities comprising the underlying index is

(a)a U.S. Component Stock listed on a national securities exchange, and an NMS stock, as that term is defined by Rule 600 of Regulation NMS; or

(b)a Non-U.S. Component Stock that is listed and traded on an exchange that has last-sale reporting; and

(2)ISE complies with the commitments undertaken by the other SRO set forth in the prior order, including any surveillance-sharing and information dissemination. The Commission believes that ISE's proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 26 which sets forth Congress' finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities. ISE's proposal requires the value of the index or portfolio underlying an ETF based on a global or international index to be disseminated at least once every 60 seconds during the time when the ETF shares trade on the Exchange. 27 ISE has represented that, if an underlying index or portfolio value is no longer calculated or available, it would commence delisting proceedings for the associated ETF. 26 15 U.S.C. 78k-1(a)(1)(C)(iii). 27 *See* proposed ISE Rule 2123(c)(3) and .01(b)(2) to the Supplemental Material to proposed ISE Rule 2131. If an index or portfolio value does not change for some of the time that the ETF trades on the Exchange, the last official calculated value must remain available throughout Exchange trading hours. *See* proposed ISE Rule 2123(c)(3) and .01(c) to the Supplemental Material to proposed ISE Rule 2131. In addition, an IIV, which represents an estimate of the value of a share of each ETF, must be updated and disseminated at least once every 15 seconds during trading hours for the ETF on the Exchange. The IIV must reflect changes in the exchange rate between the U.S. dollar and the currency in which any index or portfolio component stock is denominated. The Commission believes that the proposed rules regarding the dissemination of the index value and the IIV are reasonably designed to promote transparency in the pricing of ETFs and thus are consistent with the Act. The Commission believes that the proposed rules are reasonably designed to promote fair disclosure of information that may be necessary to price an ETF appropriately. These generic listing standards provide that the issuer of an ETF must represent that it will calculate the NAV and make it available daily to all market participants at the same time. 28 28 *See* proposed ISE Rules 2123(a)(6) and 2131(e)(1)(ii). The Commission believes that the proposal is reasonably designed to preclude trading of ETFs when transparency is impaired. Proposed ISE Rules 2123(e) and 2131(e)(2)(ii) provide that, when ISE is the listing market, ISE may halt trading when an interruption occurs in the calculation or dissemination of the IIV or index value applicable to an ETF. If the interruption continues, ISE would halt trading no later than the beginning of the next trading day. In addition, proposed ISE Rules 2123(e) and 2131(e)(2)(ii) set forth trading halt procedures when ISE trades the ETF pursuant to UTP. This rule is substantially similar to those recently adopted by other exchanges and found by the Commission to be consistent with the Act. 29 29 *See* NYSE Arca Equities Rule 7.34; NYSE Rule 1100(f)(2); Securities Exchange Act Release No. 55113 (January 17, 2007), 72 FR 3179 (January 24, 2007) (SR-NYSE-2006-101); Securities Exchange Act Release No. 54997 (December 21, 2006), 71 FR 78501 (December 29, 2006) (SR-NYSEArca-2006-77). In approving this proposal, the Commission relied on ISE's representation that its surveillance procedures are adequate to properly monitor the trading of the ETFs listed pursuant to the proposed new listing standards or traded on a UTP basis. The Commission finds good cause for approving the proposed rule change, as amended, prior to the 30th day after the date of publication of the notice of filing thereof in the **Federal Register** . The Commission notes that ISE's proposal is substantially similar to other proposals that have been approved by the Commission. 30 The Commission does not believe that ISE's proposal raises any novel regulatory issues and, therefore, that good cause exists for approving the filing before the conclusion of a notice-and-comment period. Accelerated approval of the proposal will expedite the listing and trading of additional ETFs by ISE, subject to consistent and reasonable standards. Therefore, the Commission finds good cause, consistent with Section 19(b)(2) of the Act, 31 to approve the proposed rule change, as amended, on an accelerated basis. 30 *See supra* notes 8 and 12. 31 15 U.S.C. 78s(b)(2). V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 32 that the proposed rule change (SR-ISE-2007-60), as amended, be, and it hereby is, approved on an accelerated basis. 32 *Id.* For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 33 33 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20360 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56647; File No. SR-ISE-2007-80] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change and Amendment No. 1 Thereto Relating to Options Listing Criteria for Underlying Securities October 11, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on September 4, 2007, the International Securities Exchange, LLC (the “Exchange” or the “ISE”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change, as described in Items I, II, and III below, which items have been substantially prepared by the Exchange. On October 5, 2007, the Exchange filed 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 ISE proposes to amend ISE Rule 502(b)(5) and add subparagraph

(6)to ISE Rule 502(b) for the purpose of permitting the Exchange to list and trade individual equity options that are otherwise ineligible for listing and trading if such option is listed and traded on another national securities exchange. The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.ise.com/webform/homeDefault.aspx.* 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 III below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this proposed rule change is to revise the Exchange's options listing standards so that, as long as the options maintenance listing standards set forth in ISE Rule 503 are met and the option is listed and traded on another national securities exchange, the ISE would be able to list and trade the option. ISE Rule 502 sets forth the requirements that an underlying equity security must meet before the Exchange may initially list options on that security. The ISE notes that these requirements are uniform among the options exchanges. ISE Rule 502(b)(5) relates to the minimum market price that an underlying security must trade at for an option to be listed on it and applies to the listing of individual equity options on both “covered” and “uncovered” underlying securities. 3 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 ISE submits an option class certification to The Options Clearing Corporation. 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 permits the listing of such options so long as:

(1)The underlying security meets the guidelines for continued approval contained in ISE Rule 503;

(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. Subparagraphs

(1)through

(4)of ISE Rule 502(b) further sets forth minimum requirements for an underlying security, such as shares outstanding, number of holders, and trading volume. 3 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). When the ISE first commenced operations, if an option failed to meet the original listing requirements, the ISE could not list that option, even if the option met the continued listing requirements of one or more other exchanges and traded on those exchanges. In order to somewhat remedy this situation, in 2001, the Exchange proposed, and the Commission approved, amendments to the ISE's original listing criteria, which permitted the ISE to list options that

(i)met the ISE's continued listing criteria,

(ii)were traded on at least one other exchange, and

(iii)had ADTV across all exchanges of at least 5,000 contracts. 4 The Exchange notes that the 2001 Filing, while permitting the ISE to list some of the more actively traded options, does not permit the listing of less active options that are currently trading at other options exchanges. The options exchange (or exchanges) that may be fortunate enough to list an option that at first met the original listing criteria, 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 this proposed rule change, 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 the Exchange's continued listing requirements. 4 *See* Securities Exchange Act Release No. 45220 (December 31, 2001), 67 FR 760 (January 7, 2002) (order approving a proposed rule change revising the original listing criteria for underlying securities in ISE Rule 502) (the “2001 Filing”). The ISE 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 ISE 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 ISE may not list any options on such underlying security. The Exchange believes 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 ISE Rule 502(b)(6) and amend the current listing requirement adopted by the 2001 Filing. Specifically, proposed ISE Rule 502(b)(6) provides that, notwithstanding that a particular underlying security may not meet the requirements set forth in ISE Rule 502(b)(1), (2), (4), and (5), the Exchange nonetheless could list and trade an option on such underlying security if

(i)the underlying security meets continued listing requirements under ISE Rule 503 and

(ii)options on such underlying security are listed and traded on at least one other registered national securities exchange. ISE Rule 502(b)(5)(iii), which references an alternative original listing requirement, would be deleted. 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. The Exchange believes that this proposal is narrowly tailored to address the circumstances where an options class is currently ineligible for listing on the ISE, while at the same time such option is trading on another options exchange(s). The Exchange notes that when an underlying security meets the maintenance listing requirements, and at least one other exchange lists and trades options on the underlying security, the option is available to the investing public. Therefore, the ISE 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 basis under the Act for this proposed rule change is found in section 6(b)(5), in that the proposed change will serve to remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect investors and the public interest. B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. II. 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-ISE-2007-80 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-2007-80. 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 the 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-2007-80 and should be submitted on or before November 7, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of Proposed Rule Change After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange, 5 and, in particular, with the requirements of section 6(b) of the Act 6 and the rules and regulations thereunder. The Commission finds that the Exchange's proposal is consistent with section 6(b)(5) of the Act, 7 which requires that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, 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. The proposal addresses circumstances where an equity option class is ineligible for initial listing on the Exchange, even though it meets the Exchange's continued listing requirements and is trading on another options exchange. Therefore, the proposed rule change should help promote competition among the exchanges that list and trade options. The Commission notes, and the Exchange represents, that the procedures currently employed to determine whether a particular underlying security meets the initial equity option listing criteria will similarly be applied by the Exchange when determining whether an underlying security meets the its continued listing criteria. 5 In approving this rule, the Commission notes that it has considered its impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(4). The Commission finds good cause, pursuant to Section 19(b)(2)(B) of the Act, 8 for approving the proposed rule change prior to the 30th day after the date of publication of the notice of the filing thereof in the **Federal Register** . The Commission notes that the proposed rule change is substantially identical to the proposed rule change submitted by the American Stock Exchange LLC, 9 which was previously approved by the Commission after notice and comment, and therefore does not raise any new regulatory issues. 8 15 U.S.C. 78s(b)(2)(B). 9 *See* Securities Exchange Act Release No. 56598 (October 2, 2007) (SR-Amex-2007-48). V. Conclusion *It is therefore ordered,* pursuant to section 19(b)(2) of the Act 10 that the proposed rule change (SR-ISE-2007-80), as modified by Amendment No. 1, is hereby approved on an accelerated basis. 10 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20461 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56637; File No. SR-NYSEArca-2007-92] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment Nos. 1, 2, and 3 Thereto, Relating to Generic Listing and Trading Rules for Index-Linked Securities October 10, 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 September 11, 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 and II below, which items have been substantially prepared by the Exchange. On September 25, 2007, the Exchange filed Amendment No. 1 to the proposed rule change. On October 3, 2007, the Exchange filed Amendment No. 2 to the proposed rule change. On October 5, 2007, the Exchange filed Amendment No. 3 to the proposed rule change. This order provides notice of, and approves, the proposed rule change, as modified by Amendment Nos. 1, 2, and 3 thereto, on an accelerated basis. 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)(6) to:

(i)Include generic listing and trading rules for commodity-linked securities (“Commodity-Linked Securities”) and currency-linked securities (“Currency-Linked Securities” and, together with Equity Index-Linked Securities 3 and Commodity-Linked Securities, collectively, “Index-Linked Securities”);

(ii)make conforming changes to Commentary .01 of NYSE Arca Equities Rule 5.2(j)(6) and extend its application to Currency-Linked Securities; and

(iii)make minor changes to the existing provisions of NYSE Arca Equities Rule 5.2(j)(6) to conform the rule with changes to defined terms, changes to certain internal cross-references, and the generic listing and trading standards for Index-Linked Securities of the New York Stock Exchange LLC (“NYSE”). 4 The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and *http://www.nyse.com.* 3 Currently, NYSE Arca Equities Rule 5.2(j)(6) relates only to the listing and trading of securities that provide for the payment at maturity of a cash amount based on the performance of an underlying index or indexes of equity securities, also known as “Index-Linked Securities.” *See* NYSE Arca Equities Rule 5.2(j)(6). For purposes of the proposed rule change, however, the Exchange seeks to modify the name of such securities to be “Equity Index-Linked Securities,” among other proposed changes described herein. 4 *See* Section 703.22 of the NYSE Listed Company Manual. 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 III 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 proposes to amend NYSE Arca Equities Rule 5.2(j)(6) to:

(i)Include provisions for the listing and trading of Commodity-Linked Securities and Currency-Linked Securities pursuant to Rule 19b-4(e) under the Act; 5

(ii)make conforming changes to Commentary .01 of NYSE Arca Equities Rule 5.2(j)(6) and extend its application to Currency-Linked Securities; and

(iii)make minor changes to the existing provisions of NYSE Arca Equities Rule 5.2(j)(6) to conform the rule with changes to defined terms, changes to certain internal cross references, and NYSE's generic listing and trading rules for Index-Linked Securities. 5 17 CFR 240.19b-4(e). *Generic Listing Standards:* Rule 19b-4(e) provides that the listing and trading of a new derivative securities product by a self-regulatory organization (“SRO”) shall not be deemed a proposed rule change, pursuant to Rule 19b-4(c)(1), 6 if the Commission has approved, pursuant to section 19(b) of the Act, 7 the SRO's trading rules, procedures, and listing standards for the product class that would include the new derivatives securities product, and the SRO has a surveillance program for the product class. As a result, the Exchange seeks Commission approval to adopt generic listing standards under amended NYSE Arca Equities Rule 5.2(j)(6), pursuant to which it would be able to continue to list and trade Equity Index-Linked Securities and list and trade Commodity-Linked Securities and Currency-Linked Securities, in each case, without individual Commission approval of each such product. The Exchange represents that any securities it lists and/or trades pursuant to new NYSE Arca Equities Rule 5.2(j)(6), as amended, will satisfy the standards set forth therein. The Exchange states that, within five business days after commencement of trading of an Index-Linked Security pursuant to proposed NYSE Arca Equities Rule 5.2(j)(6), the Exchange will file a Form 19b-4(e), in accordance with Rule 19b-4(e)(2)(ii) under the Act. 8 6 17 CFR 240.19b-4(c)(1). 7 15 U.S.C. 78s(b). 8 *See* 17 CFR 240.19b-4(e)(2)(ii); 17 CFR 249.820. *Index-Linked Securities:* Index-Linked Securities are designed for investors who desire to participate in a specific market segment by providing exposure to one or more identifiable underlying securities, commodities, currencies, derivative instruments, or market indexes of the foregoing. Equity Index-Linked Securities are securities that provide for the payment at maturity of a cash amount based on the performance of an underlying index or indexes of equity securities (“Equity Reference Asset”). Commodity-Linked Securities are proposed to be defined as securities that provide for the payment at maturity of a cash amount based on the performance of one or more physical commodities or commodity futures, options or other commodity derivatives or Commodity-Based Trust Shares (as defined in NYSE Arca Equities Rule 8.201) or a basket or index of any of the foregoing (“Commodity Reference Asset”). Finally, Currency-Linked Securities are proposed to be defined as securities that provide for the payment at maturity of a cash amount based on the performance of one or more currencies, or options or currency futures or other currency derivatives or Currency Trust Shares (as defined in NYSE Arca Equities Rule 8.202) or a basket or index of any of the foregoing (“Currency Reference Asset,” and together with Equity Reference Asset and Commodity Reference Asset, collectively, “Reference Asset”). 9 9 The Exchange understands that the holder of an Index-Linked Security may or may not be fully exposed to the appreciation and/or depreciation of the underlying component assets of a Reference Asset. For example, an Index-Linked Security may be subject to a “cap” on the maximum principal amount to be repaid to holders, or a “floor” on the minimum principal amount to be repaid to holders, at maturity. Index-Linked Securities are the non-convertible debt of an issuer with a term of at least one year, but not greater than thirty years. Index-Linked Securities may or may not make interest payments based on dividends or other cash distributions paid on the components comprising the Reference Asset to the holder during the term. In addition, each Index-Linked Security will trade as a single, Exchange-listed security. The Exchange represents that the proposed generic listing standards to list and trade Index-Linked Securities pursuant to Rule 19b-4(e) under the Act will not apply if the payment at maturity is based on a multiple of the negative performance of the applicable Reference Asset. In addition, an Index-Linked Security may or may not provide “principal protection,” *i.e.* , a minimum guaranteed amount to be repaid. 10 The Exchange further states that Index-Linked Securities do not give the holder any right to receive a portfolio component(s), dividend payments, or any other ownership right or interest in the portfolio or component(s) comprising the applicable Reference Asset. Pursuant to amended NYSE Arca Equities Rule 5.2(j)(6), the current or composite value of a Reference Asset, as applicable, will be widely disseminated at least every 15 seconds during the trading day. 11 10 Some Index-Linked Securities may provide for “contingent” protection of the principal amount, whereby principal protection may not apply if the Reference Asset at any point in time during the term of such securities reaches a certain pre-determined level. 11 *See infra* note 15. *Proposed Standards for All Index-Linked Securities:* With respect to the current requirements applicable to all Index-Linked Securities, the Exchange proposes to amend the provision related to the required minimum tangible net worth 12 of an issuer of Index-Linked Securities such that, if the Index-Linked Securities are fully and unconditionally guaranteed by an affiliate of the issuer, the Exchange would rely on such affiliate's tangible net worth for purposes of this requirement and include in its calculation all Index-Linked Securities that are fully and unconditionally guaranteed by such affiliate. In addition, for purposes of this requirement, government issuers and supranational entities would be evaluated on a case-by-case basis. 12 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(A)(e). The Exchange defines “tangible net worth” as total assets, Less intangible assets and total liabilities. Intangibles include non-material benefits, such as goodwill, patents, copyrights, and trademarks. If the Reference Asset of an Index-Linked Security listed pursuant to proposed NYSE Arca Equities 5.2(j)(6) is based in whole or in part on an index that is maintained by a broker-dealer, the broker-dealer is required to erect a “firewall” around the personnel responsible for the maintenance of such index or who have access to information concerning changes and adjustments to such index, and a third party who is not a broker-dealer would be required to calculate the value of such index. In addition, any advisory committee, supervisory board, or similar entity that advises an index licensor or administrator, or that makes decisions regarding the index or portfolio composition, methodology, and related matters, must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the applicable index or portfolio. 13 13 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(C). The Exchange states that NYSE Arca Equities Rule 7.26 (Limitations on Dealings), which imposes certain restrictions on ETP Holders, would apply to the trading of Commodity-Linked and Currency-Linked Securities. *See* NYSE Arca Equities Rule 7.26; NYSE Arca Equities Rule 1.1 (defining ETP Holder). Index-Linked Securities and transactions therein will be subject to all Exchange rules governing the trading of equity securities, including its equity margin rules. 14 The Exchange represents that Index-Linked Securities will trade during all three trading sessions pursuant to NYSE Arca Equities Rule 7.34(a). 15 14 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(D). 15 Pursuant to NYSE Arca Rule 7.34(a), NYSE Arca Marketplace, which is the equities trading facility of NYSE Arca Equities, generally has three trading sessions each day the Exchange is open for business:

(1)an Opening Session (4 a.m. to 9:30 a.m. Eastern Time or “ET”), during which the Opening Auction and the Market Order Auction occur;

(2)a Core Trading Session (9:30 a.m. to 4:00 p.m. ET); and

(3)a Late Trading Session (4 p.m. to 8 p.m. ET). With respect to trading halts, 16 in the case of Commodity-or Currency-Linked Securities, if the indicative value or the Commodity Reference Asset value or Currency Reference Asset value, as the case may be, applicable to a series of such securities is not being disseminated as required, or, in the case of Equity Index-Linked Securities, if the value of the underlying index is not being disseminated as required, the Exchange may halt trading during the day on which such interruption first occurs. If such interruption 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. 16 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(E). The Exchange will implement written surveillance procedures for Index-Linked Securities, including adequate comprehensive surveillance sharing agreements with markets trading in non-U.S. components, as applicable. 17 The Exchange states that it intends to utilize its existing surveillance procedures applicable to derivative products to monitor trading in Index-Linked Securities. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of such securities in all trading sessions and to deter and detect violations of Exchange rules. The Exchange's current trading surveillance focuses on detecting when securities trade outside their normal patterns. When such situations are detected, surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations. 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, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees. 17 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(F). *Equity Index-Linked Securities:* Equity Index-Linked Securities would be subject to the criteria in amended NYSE Arca Equities Rule 5.2(j)(6)(B)(I) for initial and continued listing. The Exchange proposes to make certain revisions to this section to conform to NYSE's current generic listing and trading standards for Index-Linked Securities and changes with respect to certain defined terms and internal cross references. Specifically, the Exchange proposes to make the following notable modifications: • The minimum of ten component securities comprising the Equity Reference Asset must include different issuers. 18 18 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(a). • The index or indexes to which the security is linked shall have been reviewed and approved for the trading of investment company units or options or other derivatives by the Commission under section 19(b)(2) of the Act and rules thereunder. 19 19 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(b)(1). • All component securities shall be either

(A)securities (other than foreign country securities and American Depository Receipts (“ADRs”)) that are

(i)Issued by an Act reporting company that is listed on a national securities exchange and

(ii)an “NMS stock” (as defined in Rule 600 of Regulation NMS) 20 or

(B)foreign country securities or ADRs, provided that foreign country securities or foreign country securities underlying ADRs having their primary trading market outside the United States on foreign trading markets that are not ISG members or parties to comprehensive surveillance sharing agreements with the Exchange will not, in the aggregate, represent more than 20% of the dollar weight of the index. 21 20 *See* 17 CFR 242.600(b)(47). 21 *See* proposed NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(b)(2)(vii). *Commodity-Linked Securities:* The Exchange proposes to incorporate generic listing and trading standards for Commodity-Linked Securities. Commodity-Linked Securities will be subject to the criteria in proposed NYSE Arca Equities Rule 5.2(j)(6)(B)(II) for initial and continued listing. Each issue of Commodity-Linked Securities must meet one of the initial listing standards set forth below: • The Commodity Reference Asset to which the security is linked shall have been reviewed and approved for the trading of Commodity-Based Trust Shares or options or other derivatives by the Commission under section 19(b)(2) of the Act and rules thereunder and the conditions set forth in the Commission's approval order, including with respect to comprehensive surveillance sharing agreements, continue to be satisfied; or • The pricing information for components of a Commodity Reference Asset must be derived from a market which is an ISG member or affiliate or with which the Exchange has a comprehensive surveillance sharing agreement. Notwithstanding the previous sentence, pricing information for gold and silver may be derived from the London Bullion Market Association. A Commodity Reference Asset may include components representing not more than 10% of the dollar weight of such Commodity Reference Asset for which the pricing information is derived from markets that do not meet the foregoing requirements; provided, however, that no single component subject to this exception exceeds 7% of the dollar weight of the Commodity Reference Asset. 22 22 *See* Securities Exchange Act Release No. 56525 (September 25, 2007), 72 FR 56114 (October 2, 2007) (SR-NYSE-2007-76) (approving the adoption of certain exceptions to the pricing information requirements with respect to components underlying Commodity-Linked Securities and Currency-Linked Securities). In addition, the issue must meet both of the following initial listing criteria: • The value of the Commodity Reference Asset must be calculated and widely disseminated by one or more major market data vendors on at least a 15-second basis during the Core Trading Session (as defined in NYSE Arca Equities Rule 7.34); 23 and 23 *See supra* note 15. • In the case of Commodity-Linked Securities that are periodically redeemable, the indicative value of such securities must be calculated and widely disseminated by one or more major market data vendors on at least a 15-second basis during the Core Trading Session. The Exchange will commence delisting or removal proceedings if any of the foregoing initial listing criteria are not continuously maintained. The Exchange will also commence delisting or removal proceedings: • If the aggregate market value or the principal amount of the Commodity-Linked Securities publicly held is less than $400,000; • If the value of the Commodity Reference Asset is no longer calculated or available and a new Commodity Reference Asset is substituted, unless the new Commodity Reference Asset meets the requirements of proposed NYSE Arca Equities Rule 5.2(j)(6); or • If such other event shall occur or condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable. *Currency-Linked Securities:* The Exchange also proposes to incorporate generic listing and trading standards for Currency-Linked Securities. Currency-Linked Securities will be subject to the criteria in proposed NYSE Arca Equities Rule 5.2(j)(6)(B)(III) for initial and continued listing. Currency-Linked Securities must meet one of the initial listing standards set forth below: • The Currency Reference Asset to which the security is linked shall have been reviewed and approved for the trading of Currency Trust Shares or options or other derivatives by the Commission under section 19(b)(2) of the Act and rules thereunder and the conditions set forth in the Commission's approval order, including with respect to comprehensive surveillance sharing agreements, continue to be satisfied; or • The pricing information for each component of a Currency Reference Asset must be

(x)the generally accepted spot price for the currency exchange rate in question or

(y)derived from a market which

(i)Is an ISG member or affiliate or with which the Exchange has a comprehensive surveillance sharing agreement and

(ii)is the pricing source for components of a Currency Reference Asset that has previously been approved by the Commission. A Currency Reference Asset may include components representing not more than 10% the dollar weight of such Currency Reference Asset for which the pricing information is derived from markets that do not meet the requirements of either

(x)or

(y)above; provided, however, that no single component subject to this exception exceeds 7% of the dollar weight of the Currency Reference Asset. 24 24 *See supra* note 22. In addition, the issue must meet both of the following initial listing criteria: • The value of the Currency Reference Asset must be calculated and widely disseminated by one or more major market data vendors on at least a 15-second basis during the Core Trading Session; 25 and 25 *See supra* note 15. • In the case of Currency-Linked Securities that are periodically redeemable, the indicative value of such securities must be calculated and widely disseminated by one or more major market data vendors on at least a 15-second basis during the Core Trading Session. The Exchange will commence delisting or removal proceedings if any of the foregoing initial listing criteria are not continuously maintained. The Exchange will also commence delisting or removal proceedings under any of the following circumstances: • If the aggregate market value or the principal amount of the Currency-Linked Securities publicly held is less than $400,000; • If the value of the Currency Reference Asset is no longer calculated or available and a new Currency Reference Asset is substituted, unless the new Currency Reference Asset meets the requirements of proposed NYSE Arca Equities Rule 5.2(j)(6); or • If such other event shall occur or condition exists which in the opinion of the Exchange makes further dealings on the Exchange inadvisable. *Information Circular:* Upon evaluating the nature and complexity of each Index-Linked Security, the Exchange represents that it will prepare and distribute, if appropriate, an Information Circular to ETP Holders describing the Index-Linked Securities. Accordingly, the particular structure and corresponding risks of an Index-Linked Security traded on the Exchange will be highlighted and disclosed. In particular, the Information Circular will discuss the risks involved in trading Index-Linked Securities during the Opening and Late Trading Sessions when an updated indicative value, if required, is not calculated or publicly disseminated. 26 The Information Circular will also set forth the Exchange's suitability rule that requires ETP Holders recommending a transaction in Index-Linked Securities:

(1)To determine that such transaction is suitable for the customer (NYSE Arca Equities Rule 9.2(a)); and

(2)to have a reasonable basis for believing that the customer can evaluate the special characteristics, and is able to bear the financial risks, of such transaction. In addition, the Information Circular will reference the requirement that ETP Holders must deliver a prospectus to investors purchasing newly issued Index-Linked Securities prior to or concurrently with the confirmation of a transaction. The Information Circular will note that all of the Exchange's equity trading rules will be applicable to trading in Index-Linked Securities. 26 Specifically, the Exchange requires ETP Holders to disclose to their non-ETP Holder customers that an updated Reference Asset value or indicative value may not be calculated or publicly disseminated during extended trading hours. Because the indicative value 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. *See* Securities Exchange Act Release No. 56270 (August 15, 2007), 72 FR 47109 (August 22, 2007) (SR-NYSEArca-2007-74). *Commentary .01:* The Exchange also proposes to make conforming changes to Commentary .01 of NYSE Arca Equities Rule 5.2(j)(6) to extend the application of Currency-Linked Securities therein. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act, 27 in general, and furthers the objectives of section 6(b)(5) of the Act, 28 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, 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. 27 15 U.S.C. 78f(b). 28 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 Written comments on the proposed rule change were neither solicited nor received. III. 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 e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2007-92 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-2007-92. 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 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-2007-92 and should be submitted on or before November 6, 2007. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange 29 and, in particular, the requirements of section 6 of the Act. 30 Specifically, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act, 31 which requires, among other things, that the rules of a national securities exchange be designed 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. 29 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 30 15 U.S.C. 78f. 31 15 U.S.C. 78f(b)(5). *Generic Listing Standards for Commodity-Linked and Currency-Linked Securities:* To list and trade Commodity-Linked and Currency-Linked Securities, the Exchange currently must file a proposed rule change with the Commission pursuant to section 19(b)(1) of the Act 32 and Rule 19b-4 thereunder. 33 However, Rule 19b-4(e) provides that the listing and trading of a new derivative securities product by an SRO will not be deemed a proposed rule change pursuant to Rule 19b-4(c)(1) under the Act if the Commission has approved, pursuant to section 19(b) of the Act, the SRO's trading rules, procedures, and listing standards for the product class that would include the new derivative securities product, and the SRO has a surveillance program for the product class. The Exchange's proposed rules for the listing and trading of Commodity-Linked Securities and Currency-Linked Securities pursuant to Rule 19b-4(e) fulfill these requirements. 32 15 U.S.C. 78s(b)(1). 33 17 CFR 240.19b-4. The Exchange's ability to rely on Rule 19b-4(e) to list and trade Commodity-Linked and Currency-Linked Securities that meet the applicable requirements of proposed NYSE Arca Equities Rule 5.2(j)(6) should reduce the time frame for bringing these securities to the market and thereby reduce the burdens on issuers and other market participants, while also promoting competition and making such securities available to investors more quickly. The Commission has previously approved generic listing standards for such securities that are substantially similar to the Exchange's current proposal. 34 The Commission believes that the proposed generic listing standards for Commodity-Linked and Currency-Linked Securities, in addition to the proposed changes to the generic listing standards applicable to all Index-Linked Securities and Equity Index-Linked Securities, should fulfill the intended objective of Rule 19b-4(e) and allow securities that satisfy the proposed generic listing standards to commence trading without the need for public comment and Commission approval. 35 34 *See* Securities Exchange Act Release Nos. 55794 (May 22, 2007), 72 FR 29558 (May 29, 2007) (SR-Amex-2007-45) (approving, among other things, generic listing standards for Commodity-Linked Securities and Currency-Linked Securities); and 55687 (May 1, 2007), 72 FR 25824 (May 7, 2007) (SR-NYSE-2007-27) (approving generic listing standards for Equity Index-Linked Securities, Commodity-Linked Securities, and Currency-Linked Securities). 35 The Commission notes that the failure of a particular product or index to comply with the proposed generic listing standards under Rule 19b-4(e), however, would not preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2), requesting Commission approval to list and trade a particular index-linked product. *Listing and Trading Index-Linked Securities:* Taken together, the Commission finds that the Exchange's proposal contains adequate rules and procedures to govern the listing and trading of Index-Linked Securities listed pursuant to Rule 19b-4(e). All such securities listed under their respective generic standards will be subject to the full panoply of Exchange rules and procedures that currently govern the trading of equity securities, including the equity margin rules, on the Exchange. As set forth more fully above, the Exchange seeks to conform the minimum tangible net worth requirements for each issuer of Index-Linked Securities and the specific listing and trading requirements related to Equity Index-Linked Securities to the standards similarly adopted by other national securities exchanges. 36 In addition, with respect to Commodity-Linked and Currency-Linked Securities, the Exchange's proposal requires that:

(1)The applicable Reference Assets underlying such securities must have been reviewed and approved for trading by the Commission; or

(2)the pricing information with respect to the underlying components representing at least 90% of the dollar weight of the applicable Reference Asset must have been derived from

(a)A market which is an ISG member or affiliate or with which the Exchange has in place a comprehensive surveillance sharing agreement, or

(b)certain other required sources. An underlying component for which the pricing information does not comply with the foregoing requirements cannot exceed 7% of the dollar weight of the applicable Reference Asset. The Commission believes that these requirements are designed to ensure that the trading markets for the underlying components are adequately capitalized and sufficiently liquid and should minimize the potential for manipulation and permit the Exchange to identify potential trading and other violations of its rules. The Commission notes that such requirements should also contribute to the transparency of the Commodity Reference Asset or Currency Reference Asset, as the case may be. By requiring at least 90% of the pricing information for the relevant components to be readily available, the proposed listing standards of NYSE Arca Equities 5.2(j)(6) should help ensure a fair and orderly market for Commodity-Linked and Currency-Linked Securities listed and traded pursuant to Rule 19b-4(e). 36 *See supra* note 34. The Exchange has also developed delisting criteria that would permit it to suspend trading in Index-Linked Securities in circumstances that make further dealings in such products inadvisable. The Commission believes that the delisting criteria should help ensure that a minimum level of liquidity exists for each such security to allow for the maintenance of fair and orderly markets. Also, in the event that the value of the underlying index for Equity Index-Linked Securities, or the applicable Commodity Reference Asset or Currency Reference Asset or, in the case of Commodity-Linked and Currency-Linked Securities that are periodically redeemable, the corresponding indicative value, is no longer calculated and widely disseminated on at least a 15-second basis, the Exchange may halt trading during the day on which the interruption first occurs; however, if the interruption persists past the trading day on which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption and will commence delisting proceedings. *Surveillance:* The Commission notes that any Index-Linked Securities approved for listing and trading would be subject to the Exchange's existing surveillance procedures governing derivative products, as well as procedures the Exchange represents are adequate to properly monitor the trading in such securities during all Exchange trading sessions. The Exchange also has represented that it will be able to obtain information from other exchanges that are members or affiliate members of ISG and has a general policy prohibiting the distribution of material, non-public information by its employees. *Information Memorandum:* The Exchange has represented that it will distribute, as appropriate, an Information Circular to members describing the product, the particular structure of the product, and the corresponding risks of trading Index-Linked Securities, including the risks involved in trading such securities during the Opening and Late Trading Sessions when an updated indicative value, if required, is not calculated or publicly disseminated. 37 In addition, the Information Circular will set forth the Exchange's suitability requirements with respect to recommendations in transactions in Index-Linked Securities to customers, the prospectus delivery requirements of ETP Holders. The Information Circular will also note that all of the Exchange's equity trading rules will be applicable to the trading of Index-Linked Securities. 37 *See supra* note 26. *Firewall Procedures:* The Exchange has further represented that if the Reference Asset is an underlying index that is maintained by a broker-dealer, such broker-dealer will establish a “firewall” around personnel responsible for the maintenance of such underlying index or who have access to information concerning changes and adjustments to the underlying index. As an added measure, a third-party who is not a broker-dealer will be required to calculate the value of the index. In addition, the Exchange has stated that any advisory committee, supervisory board, or similar entity that advises an index licensor or administrator or that makes decisions regarding the underlying index or portfolio composition, methodology, and related matters must implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material, non-public information regarding the applicable underlying index or portfolio. With respect to trading on the Exchange, NYSE Arca has stated that, with respect to any issue of Commodity-Linked or Currency-Linked Securities, ETP Holders acting as a registered market maker will be restricted, among others, from making markets in and trading the components underlying the Commodity Reference Asset or Currency Reference Asset, as the case may be, or any derivative instruments thereof, pursuant to Commentary .01 of NYSE Arca Equities Rules 5.2(j)(6) and 7.26 (Limitations on Dealings). *Acceleration:* The Commission finds good cause for approving the proposed rule change, as modified by Amendment Nos. 1, 2, and 3 thereto, before the 30th day after the date of publication of notice of filing thereof in the **Federal Register** . The Exchange requested accelerated approval of the proposal to facilitate the prompt listing and trading of Index-Linked Securities and, in particular, Commodity-Linked Securities and Currency-Linked Securities, based on the specified criteria of proposed NYSE Arca Equities Rule 5.2(j)(6). The Commission notes that the Exchange's proposed changes to the generic listing standards that apply to all Index-Linked Securities, proposed changes to the generic listing standards for Equity Index-Linked Securities, and the proposed generic listing standards for Commodity-Linked and Currency-Linked Securities are based on previously approved listing standards for such securities. 38 The Commission is presently not aware of any regulatory issue that should cause it to revisit that finding or would preclude the trading of such securities on the Exchange. Therefore, accelerating approval of this proposal should benefit investors by creating, without undue delay, additional competition in the market for Index-Linked Securities, subject to the standards and representations discussed herein. Therefore, the Commission finds good cause, consistent with section 19(b)(2) of the Act, 39 to approve the proposed rule change on an accelerated basis. 38 *See supra* note 34. 39 15 U.S.C. 78s(b)(2). V. Conclusion *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, 40 that the proposed rule change (SR-NYSEArca-2007-92), as modified by Amendment Nos. 1, 2, and 3 thereto, be, and it hereby is, approved on an accelerated basis. 40 *Id.* For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 41 41 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20330 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56622; File No. SR-Phlx-2007-77] Self-Regulatory Organizations; The Philadelphia Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Web CRD Fingerprinting Fees October 5, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on October 1, 2007, the Philadelphia Stock Exchange, Inc. (“Phlx” 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 the Phlx. The Phlx has designated this proposal as one establishing or changing a due, fee, or other charge applicable only to a member under section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) 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)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Phlx proposes to amend its fingerprinting fees, which appear on Appendix A of its fee schedule, so that the charge for the first and third submission of a fingerprint card will be lowered from $35.00 to $30.25. The Exchange also proposes to replace references to “NASD” on the Exchange's fee schedules with references to “FINRA.” The text of the proposed rule change is available at the Exchange, the Commission's Public Reference Room, and at *http://www.phlx.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 Phlx 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 Phlx 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 Currently, the Exchange's fee schedule includes fees that are imposed in connection with participation in the National Association of Securities Dealers, Inc. (“NASD,” n/k/a/ the Financial Industry Regulatory Authority, Inc., “FINRA”) Web Central Registration Depository (“Web CRD”). The fingerprinting fees are paid directly to FINRA and vary depending on the submission: for a first card submission, the fee is $35.00; for a second card submission, the fee is $13.00; and for a third card submission, the fee is $35.00. For processing fingerprint results for a member who had prints processed through a self-regulatory organization and not FINRA, the fee is $13.00. FINRA intends to amend the fingerprinting fees effective for fingerprints processed on or after October 1, 2007, so that the charge for the first and third submission of a fingerprint card will be lowered from $35.00 to $30.25. 5 The fees for processing a second fingerprint card submission and for processing fingerprint cards where the member had prints processed through a self-regulatory organization and not FINRA will remain at $13.00. 5 *See* FINRA Information Notice titled “Fingerprint Processing Fees” dated September 20, 2007. Therefore, the Exchange proposes to amend its fee schedule to reflect the lower Web CRD fingerprinting fees charged by FINRA. The Exchange also proposes to update its fee schedule to replace references to the NASD with references to FINRA. 2. Statutory Basis The Exchange believes that its proposal to amend its schedule of fees is consistent with section 6(b) of the Act 6 in general, and furthers the objectives of section 6(b)(4) of the Act 7 in particular. The Exchange believes that it is an equitable allocation of reasonable fees and other charges among Exchange members because it will reflect FINRA's reduction for the first and third submission of a fingerprint card from $35.00 to $30.25. 6 15 U.S.C. 78f(b). 7 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. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to section 19(b)(3)(A) of the Act 8 and Rule 19b-4(f)(2) 9 thereunder because it establishes or changes a due, fee, or other charge applicable only to a member. 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. 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b-4(f)(2). 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-Phlx-2007-77 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2007-77. 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 the Phlx. 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-Phlx-2007-77 and should be submitted on or before November 6, 2007. 10 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 10 Florence E. Harmon, Deputy Secretary. [FR Doc. E7-20329 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56626; File No. SR-Phlx-2007-60] Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing of a Proposed Rule Change Relating to Structured Equity Products October 5, 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 14, 2007, the Philadelphia Stock Exchange, Inc. (“Phlx” 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 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 Phlx proposes to update its rules regarding the listing of equity securities. Specifically, the Exchange proposes to modify Phlx Rule 802, Rule 806 (Initial Public Offerings), Rule 807 (Registration Under the Exchange Act), and Rule 837 (Annual Reports). The Phlx Fee Schedule will also be amended to add initial and continued listing fees for certain structured equity securities on the Exchange (“Structured Equity Products”). 3 The text of the proposed rule change is available at the Commission's Public Reference Room, at the Exchange, and at *http://www.Phlx.com* . 3 For purposes of this proposed rule change, Structured Equity Products are securities listed pursuant to the categories in Phlx Rule 803 entitled Other Securities, Equity Linked Notes, Basket Linked Notes, Index Linked Exchangeable Notes and Index Linked Securities. *See* Phlx Rule 803(f), (h), (k),

(m)and (n). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change, and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to permit the Exchange to update certain of its listing rules and fees in order to attract the listing of Structured Equity Products. Currently, the vast majority of equity securities that trade on the Phlx are listed on other exchanges and traded on the Phlx pursuant to unlisted trading privileges (“UTP”). This allows the Exchange to compete for the trading volume of a security. However, the Phlx now intends to actively pursue serving as the listing market for certain Structured Equity Products. The Phlx has long had a series of rules (the “800 Series”) that create standards regarding both the security to be listed and traded on Phlx, as well as regarding the issuer of the security. In order to attract the listing of the Structured Equity Products, Phlx proposes modifications to the 800 Series to accommodate the specific attributes of many structured equity securities. *Phlx Rule 802.* Phlx Rule 802 identifies factors to be evaluated by the Exchange when reviewing and preparing its confidential listing opinion as to the eligibility of an applicant's securities. Among other things, Phlx Rule 802 currently states that the applicant company must be a “going concern.” 4 The proposed rule change would delete the “going concern” requirement in order to remove uncertainty as to whether a Structured Equity Product qualifies as a “going concern.” The Exchange believes that the existing listing standards in Phlx Rule 803(a)(2) for traditional operating companies should sufficiently satisfy the “going concern” requirement for such other equity products that may become listed on the Exchange. 4 “Going concern” refers to the ability of the applicant to meet its current obligations with cash or other assets that can be quickly converted into cash. If the applicant is not able to meet its current obligations, the ability of that applicant being able to continue to operate is in doubt. *See* email from John Dayton, Director and Counsel, Phlx, to Ronesha Butler, Special Counsel, Division of Market Regulation, Commission, dated September 14, 2007. *Phlx Rule 806.* Phlx Rule 806 permits new issues of securities to be listed on the Exchange on the day that the registration statement is effective with the SEC, or upon effectiveness of the registration statement or equivalent document if registration with the SEC is not required. However, the issuer must meet certain initial listing criteria. The proposed rule change would classify the two paragraphs of Phlx Rule 806 as

(a)and (b). In addition, the proposed rule change would provide an exclusion for Structured Equity Products from Phlx Rule 806(b), which includes certain requirements relating to the distribution of new issues. This amendment would reflect the fact that distributors of Structured Equity Products generally make informal arrangements with dealers prior to going effective to provide assurance that sufficient creation units will be purchased from the issuer to meet the minimum listing requirements. *Phlx Rule 807.* Phlx Rule 807 requires that securities approved for listing by the Exchange must be registered under Section 12(b) of the Act. 5 In addition, Phlx Rule 807 provides that securities registered under 12(g) of the Act, 6 or that have recently been the subject of a public offering registered under the Securities Act of 1933, may be registered for exchange trading under Section 12(b) of the Act through the filing of SEC Form 8-A. The proposed rule change would update Phlx Rule 807 to reflect the fact that registration of securities on Form 8-A automatically becomes effective within 30 days of filing. The Exchange states that the proposed amendments to Phlx Rule 807 are substantially similar to a corresponding provision in Section 210 of the American Stock Exchange (“Amex”) Company Guide. 5 15 U.S.C. 78l(b). 6 15 U.S.C. 78l(g). *Phlx Rule 837.* Phlx Rule 837 requires listed companies to provide their shareholders with annual reports containing audited financial statements of the company and its subsidiaries at least 10 days prior to the annual meeting of shareholders and not later than four months after the close of the company's last preceding fiscal year. It further states that three copies of the report must be filed with the Exchange at the time it is distributed to shareholders. The proposed rule change would amend Phlx Rule 837 to provide that any annual report that is required to be sent to the Exchange will be deemed sent if it is filed on EDGAR. The Exchange states that this amendment would make Phlx Rule 837 consistent with the corresponding provision in Section 1101 of the Amex Company Guide. *Fees.* For Structured Equity Products, the Exchange will charge an original listing fee of $5,000, then charge a $500 per month continuing listing fee for each month thereafter. For example, when an issuer lists a Structured Equity Products, the Exchange will bill the issuer $5,000 in the month of original listing. Beginning in the subsequent month, the Exchange will invoice the issuer $500 per month until such time as the product is delisted. Therefore, the maximum listing fee an issuer of a Structured Equity Products could pay in any one calendar year would be $10,500. 7 The Exchange believes that its proposed original listing fee and proposed continuing listing fee are reasonable in light of Amex's original listing fee 8 and annual fee 9 for Structured Equity Products. 7 The Exchange currently lists two Structured Equity Products, Pharmaceutical Basket Opportunity Exchangeable Securities and Biotechnology Basket Opportunity Exchangeable Securities. The issuer for these securities, Morgan Stanley, was invoiced the current annual continuing listing fee of $1,250 for the first product and $250 for the second product in January 2007. The Exchange believes that, for these two products, the proposed $500 per month continuing listing fee should begin in January 2008. The Exchange believes that it is reasonable and appropriate to begin charging the proposed continuing listing fee to Morgan Stanley for these two products in January 2008 (in contrast to new products that would begin to pay the proposed fee in the month subsequent to initial listing) because Morgan Stanley was invoiced the current annual continuing listing fee for 2007 and could have reasonably expected that this current fee would cover their obligation for these two products through the end of 2007. 8 Amex's original listing fee for Structured Equity Products (Securities Listed under Section 107 (Other Products)) begins at $5,000 and may be as much as $45,000 based on the number of shares to be listed. *See* Section 140 of the Amex Company Guide. 9 Amex's annual fee for Structured Equity Products (Securities Listed under Section 107 (Other Products)) begins at $15,000 and may be as much as $30,000 based on the number of shares outstanding. *See* Section 141 of the Amex Company Guide. 2. Statutory Basis The Exchange believes that its proposal 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 promote just and equitable principles of trade, 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, by modifying Exchange rules relating to the listing of Structured Equity Products. In addition, the Exchange believes that its proposal furthers the objectives of Section 6(b)(4) of the Act 12 in particular, in that the proposed original listing fee and proposed continuing listing fee are an equitable allocation of reasonable fees and other charges among Exchange members and issuers and other persons using its facilities. 13 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). 12 15 U.S.C. 78f(b)(4). 13 *See* e-mail from John Dayton, Director and Counsel, Phlx, to Christopher W. Chow, Special Counsel, Division of Market Regulation, Commission, dated October 5, 2007. 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. 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 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-Phlx-2007-60 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-Phlx-2007-60. 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 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-Phlx-2007-60 and should be submitted on or before November 6, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 14 14 17 CFR 200.30-3(a)(12). Florence E. Harmon, Secretary. [FR Doc. E7-20358 Filed 10-15-07; 8:45 am] BILLING CODE 8011-01-P SMALL BUSINESS ADMINISTRATION Data Collection Available for Public Comments and Recommendations ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration's intentions to request approval on a new and/or currently approved information collection. DATES: Submit comments on or before December 17, 2007. ADDRESSES: Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collection, to Gail Hepler, Chief 7a Loan Policy Branch, Office of Financial Assistance, Small Business Administration, 409 3rd Street, SW., Suite 8300, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Gail Hepler, Chief 7a Loan Policy Branch, Office of Financial Assistance, 202-205-7530, *gail.hepler@sba.gov* ; Curtis B. Rich, Management Analyst, 202-205-7030, *curtis.rich@sba.gov* . SUPPLEMENTARY INFORMATION: *Title:* “Gulf Coast Relief Financing Pilot Information Collection”. *Description of Respondents:* Small Businesses devastated by Hurricanes Katrina and Rita. *Form No's:* 2276 A/B/C, 2281, 2282. *Annual Responses:* 500. *Annual Burden:* 375. ADDRESSES: Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collection, to Sandy Johnston, Program Analyst, Office of Financial Assistance, Small Business Administration, 409 3rd Street, SW., Suite 8300, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Gail Hepler, Chief 7a Loan Policy Branch, Office of Financial Assistance, 202-205-7528, *sandra.johnston@sba.gov* ; Curtis B. Rich, Management Analyst, 202-205-7030, *curtis.rich@sba.gov.* . SUPPLEMENTARY INFORMATION: *Title:* “Personal Financial Statement.” *Description of Respondents:* Applicants for an SBA Loan. *Form No:* 413. *Annual Responses:* 148,788. *Annual Burden:* 223,182. *Title:* “Applications for Business Loans.” *Description of Respondents:* Applicants for an SBA Loan. *Form No's:* 4, 4Sch, 4-Short, 4I. *Annual Responses:* 51,000. *Annual Burden:* 530,000. *Title:* “Secondary Participation Guaranty Agreement.” *Description of Respondents:* SBA participating Lenders. *Form No's:* 1502, 1086. *Annual Responses:* 14,000. *Annual Burden:* 42,000. Jacqueline White, Chief, Administrative Information Branch. [FR Doc. E7-20338 Filed 10-15-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5959] Bureau of Educational and Cultural Affairs EducationUSA Advising Services in Eurasia and Central Asia; Notice: Amendment to Original Request for Proposals

(RFGP)*Summary:* The United States Department of State, Bureau of Educational and Cultural Affairs, announces an amendment to the RFGP for EducationUSA Advising Services in Eurasia and Central Asia (ECA/A/S/A-08-06). In Section II, in “Award Information,” Moldova should be included in the list of countries in Eurasia, as outlined in the Executive Summary of the RFGP, in which applicant organizations may propose to support educational advising. All other terms and conditions of the original solicitation remain the same. For questions about this amendment, contact: Henry Scott, ECA/A/S/A, Room 349, U.S. Department of State, 301 4th Street, SW., Washington, DC 20547, telephone: 202-453-8883, fax: 202-453-8890, e-mail: *scotthc@state.gov.* Include a reference to Funding Opportunity Number ECA/A/S/A-08-06. *Additional Information:* The announcement for EducationUSA Advising Services in Eurasia was originally announced in the **Federal Register** , Volume 72, Number 187 on September 27, 2007. Dated: October 9, 2007. C. Miller Crouch, Acting Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E7-20369 Filed 10-15-07; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Actions on Special Permit Applications AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of actions on special permit applications. SUMMARY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given of the actions on special permits applications in (June to September 2007). The mode of transportation involved are identified by a number in the “Nature of Application” portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued. Issued in Washington, DC, on October 10, 2007. Delmer F. Billings, Director, Office of Hazardous Materials Special Permits and Approvals. S.P. No. S.P. No. Applicant Regulation(s) Nature of special permit thereof MODIFICATION SPECIAL PERMIT GRANTED 11666-M Alcoa, Inc., Pittsburgh, PA 49 CFR 173.240(b) To modify the special permit to authorize the transportation of graphite products, as a Class 9 material, in non-UN standard bulk packaging strapped to wooden pallets on flat railcars. 12643-M RSPA-9066 Northrop Grumman, Space Technology, Redondo Beach, CA 49 CFR 173.302 and 175.3 To modify the special permit to authorize an increase in design volume for the pulse tube cooler up to 980 cc water capacity when shipped inside a strong, foam-filled shipping container. 12306-M RSPA-5956 Griffin Pipe Products Co., Lynchburg, VA 49 CFR part 172, subparts C, F To modify the special permit to authorize additional Class 3 hazardous materials. 14287-M PHMSA-23247 Troxler Electronic Laboratories, Inc., Research Triangle Park, NC 49 CFR 173.431 To modify the special permit to authorize cargo vessel as an additional mode of transportation. 13179-M RSPA-14876 Clean Harbors Environmental Services, Norwell, MA 49 CFR 173.21; 173.308 To modify the special permit to authorize the use of an alternative shipping description and hazard class for the Division 2.1 materials being transported to a disposal facility. 13598-M RSPA-18706 Jadoo, Folsom, CA 49 CFR 173.301(a)(1),

(d)and

(f)To modify the special permit to authorize passenger carrying aircraft as an additional mode of transportation. 7945-M Pacific Scientific, Duarte, CA 49 CFR 173.304(a)(1); 175.3 To modify the special permit to authorize additional 2.2 hazardous materials in non-DOT specification cylinders. 13556-M RSPA-17727 Stericycle Lake Forest, IL 49 CFR 172.301(a)(1); 172.301(c) To modify the special permit to authorize transportation in commerce of a Division 6.2 material in packagings marked with an outdated proper shipping name. 12046-M RSPA-3614 University of Colorado at Denver Health Sciences Center, Aurora, CO 49 CFR 171 to 178 To modify the special permit to authorize additional academic/health institutions which are affiliated with UCDHSC and located within a forty mile radius of the Aurora Campus. 14250-M PHMSA-25473 Daniels Sharpsmart, Inc., Dandenong, Australia 49 CFR 172.301(a)(1); 172.301(c) To reissue the special permit originally issued on an emergency basis for the transportation in commerce of a Division 6.2 material in packagings marked with an unauthorized proper shipping name. 12030-M RSPA-3389 East Penn Manufacturing Company, Inc., Lyon Station, P A 49 CFR 173.159(h) To modify the special permit to authorize cargo vessel and cargo air as approved modes of transportation. 12084-M RSPA-3941 Honeywell International, Inc., Morristown, NJ 49 CFR 180.209 To modify the special permit to authorize the transportation in commerce of additional Division 2.2 gases in DOT 4B, 4BA and 4BW cylinders. 12207-M RSPA-5047 EMD Chemicals, Inc., Cincinnati, OH 49 CFR 171.1(a)(1); 172.200(a); 172.302(c) To modify the special permit to increase the size of the containers from 250 gallons to 331 gallons and to increase the quantity allowed on a pallet from 24 to 35. 12283-M RSPA-5767 Interstate Battery of Alaska, Anchorage, AK 49 CFR 173 .159(c)(1); 173.159(c) To modify the special permit to authorize medium density polyethylene boxes as authorized packaging. 14333-M PHMSA-24382 The Columbiana Boiler Co., Columbiana, OH 49 CFR 179.300-13(b) To modify the special permit to authorize the transportation in commerce of additional Division 6.1, Class 8 and other hazardous materials authorized in DOT Specification 4BW cylinder in DOT Specification 110A500W tank car tanks. 14355-M PHMSA-25012 Honeywell International Inc., Morristown, NJ 49 CFR 173.31(b)(3); 173.31(b)(4) To reissue the special permit originally issued on an emergency basis for the transportation in commerce of nine DOT Specification 112 tank cars without head and thermal protection for use in transporting certain Division 2.2 material by extending the date for retrofitting beyond July 1, 2006. 11379-M TR W Occupant Safety Systems, Washington, MI 49 CFR 173.301(h), 173.302 To modify the special permit for consistency with other air bag special permits. 11494-M ARC Automotive, Inc. (Former Grantee: Atlantic Research Corp. Automotive Products Group), Knoxville, TN 49 CFR 173.301(h); 173.302; 173.306(d)(3) To modify the special permit for consistency with other air bag special permits. 11506-M Autoliv ASP, Inc., Ogden, UT 49 CFR 173.301(h); 173.302 To modify the special permit for consistency with other air bag special permits. 11650-M Autoliv ASP, Inc., Ogden, UT 49 CFR 173.301; 173.302; 178.65-9 To modify the special permit for consistency with other air bag special permits. 11777-M RSPA-15902 Autoliv ASP, Inc., Ogden, UT 49 CFR 173.301(h); 173.302 To modify the special permit for consistency with other air bag special permits. 11993-M RSPA-3100 Key Safety Systems, Inc. (formerly BREED Tech.) Lakeland, FL 49 CFR 173.301(a)(1); 173.302a To modify the special permit for consistency with other air bag special permits. 12122-M RSPA-4313 ARC Automotive, Inc., Knoxville, TN 49 CFR 173.301(h); 173.302; 173.306(d)(3) To modify the special permit for consistency with other air bag special permits. 12844-M RSPA-10753 Delphi Corporation, Vandalia, OH 49 CFR 173.301(a)(1); 173.302a(a)(1); 175.3 To modify the special permit for consistency with other air bag special permits. 13270-M RSPA-16489 Takata Corporation Minato-Ku Tokyo, 106-8510 49 CFR 173.301(a); 173.302(a); 175.3 To modify the special permit for consistency with other air bag special permits. 14152-M PHMSA-20467 Saes Pure Gas, Inc., San Luis Obispo, CA 49 CFR 173.187 To modify the special permit to authorize a change in the minimum and maximum pressures authorized in a non-DOT specification packaging for transporting certain quantities of metal catalyst, classed as Division 4.2. 10019-M Structural Composites Industries, Pomona, CA 49 CFR 173.302(a)(1); 175.3 To modify the special permit to change the retest period from 3 to 5 years for non-DOT specification fiber reinforced plastic full composite cylinders used for the transportation of Division 2.2 materials. 6610-M Degussa Initiators, LLC, Elyria, OH 49 CFR 173.225(e) To modify the special permit to authorize the transportation in commerce of an additional Division 5.2 Type F material. 10143-M Eurocom, Inc., Irving, TX 49 CFR 173.306(a); 178.33a To modify the exemption to authorize the transportation of additional Division 2.2 materials in a non-refillable non-DOT specification inside metal container. 6530-M Air Products & Chemicals, Inc., Allentown, PA 49 CFR 173.302(c) To modify the special permit to authorize an increase in the maximum age of certain DOT Specification 3A, 3AA, 3AX or 3AAX steel cylinders and authorize cargo vessel as a mode of transportation. 11380-M Baker Atlas (a division of Baker Hughes, Inc.), Houston, TX 49 CFR 173.34(d); 178.37-5; 178.37-13; 178.37-15 To modify the special permit to authorize a new non-DOT specification tank assembly design. 14232-M PHMSA-22248 Luxfer Gas Cylinders—Composite Cylinder Division, Riverside, CA 49 CFR 173.302a(a), 173.304a(a), and 180.205 To modify the special permit to authorize an increase in service life to 30 years for certain carbon composite cylinders for transporting certain Division 2.1 and 2.2 gases. 10590-M ITW/Sexton, Decatur, AL 49 CFR 173.304(d)(3)(ii); 178.33 To modify the special permit to authorize the transportation in commerce of certain Division 2.1 gases in non-DOT specification cylinder with a smaller diameter and wall thickness than currently authorized. 12124-M RSPA-4309 TOTAL Petrochemicals USA Inc., Pasadena, TX 49 CFR 173.242; 178.245-1(c); 178.245-1(d)(4) To modify the special permit to authorize a new non-DOT specification portable tank comparable to a specification DOT 51 portable tank equipped with vertical outlet and no internal shutoff valve for use in transporting Division 4.2 and 4.3 hazardous materials. 11917-M RSPA-2741 ITW Sexton, Decatur, AL 49 CFR 173.304(a) To modify the special permit to authorize a decrease in height of the non-DOT specification, non-refillable steel cylinders for the transportation of Division 2.1 materials. 11383-M NASA, Washington, DC 49 CFR 173.40(a) & (c); 173.158(b), (g), (h); 173.192(a); 173.336 To modify the special permit to authorize additional trade names for UN1975. 13173-M RSPA-14003 Dynetek Industries LTD, Calgary, AB 49 CFR 173.302(a); 175.3 To modify the special permit to authorize the manufacture, mark, sale and use of DOT-CFFC specification fully wrapped carbon fiber reinforced aluminum lined cylinders mounted in protective enclosures for use in transporting Division 2.1 and 2.2 hazardous materials. 7235-M Luxfer Gas Cylinders, Riverside, CA 49 CFR 173.302(a)(1); 175.3 To modify the special permit to authorize the transportation in commerce of an additional Division 2.2 gas in DOT-specification cylinders. 12574-M RSPA-8318 Luxfer Gas Cylinders, Riverside, CA 49 CFR 172.302(c)(2), (3), (4), (5); Subpart F of Part 180 To modify paragraph 7.b.(2) of the special permit to authorize requalification of a certain type of composite cylinder that is manufactured with permanent composite bands without removal of these bands. These specification cylinders are used for life saving equipment such as aircraft slides which are required to have such bands. 11859-M RSPA-2310 Carleton Technologies Inc., New York, NY 49 CFR 178.65 To modify the special permit to authorize the transportation of an additional Division 2.2 gas in a non-DOT specification pressure vessel. 14400-M PHMSA-25820 Ultra Electronics Precision Air Systems, Alexandria, VA 49 CFR 172.301, 172.400, 173.306, 175.26 To modify the special permit to correct what the company states was an editorial error and change the cylinder design operational life from 20 to 30 years. 12087-M RSPA-3943 LND, Inc., Oceanside, NY 49 CFR 172.101, Co. 9; 173.306; 175.3 To modify the special permit to authorize a piece of equipment as a strong outer packaging. 14392-M Department of Defense, Ft. Eustis, VA 49 CFR 172.101 Column (10B); 176.65, 176.83(a)(b)(g), 176.84(c)(2); 176.136; and 176.144(a) To reissue the special permit originally issued on an emergency basis for the transportation in commerce of explosives by vessel in an alternative stowage configuration. 8915-M Matheson Tri Gas, East Rutherford, NJ 49 CFR 173.302a(a)(3); 173.301(d); 173.302a(a)(5) To modify the special permit to authorize the transportation in commerce of additional Division 2.1 materials in DOT Specification 3A, 3AA, 3AX, 3AAX and 3T cylinders. 10656-M Conf. of Radiation Control Program Directors, Inc., Frankfort, KY 49 CFR 172.203(d); Part 172, Subparts C, D, E, F, G To modify the special permit to authorize additional modifying symbols to be added to the postal designation for the state of origin of the shipment. 14466-M PHMSA 27095 Northern Air Cargo, Anchorage, AK 49 CFR 172.101 Column

(9B)To reissue the special permit originally issued on an emergency basis for the transportation in commerce of certain Class 1 explosive materials which are forbidden for transportation by air, to be transported by cargo aircraft within the State of Alaska when other means of transportation are impracticable or not available. 12274-M RSPA 5707 Snow Peak, Inc, Clackamas, OR 49 CFR 172.301, 173.302a(b)(2), (b)(3) and (b)(4); 180.205(c) and

(g)and 180.209(a) To modify the special permit to authorize larger non-DOT specification nonrefillable inside containers. 12571-M RSPA-8315 Air Products & Chemicals, Inc., Allentown, PA 49 CFR 173.304(a)(2); 180.209 To modify the special permit to authorize markings on the sides of the trailers rather than on each individual tube. 10885-M U.S. Department of Energy, Washington, DC 49 CFR 172.101 Col. 9(b); 172.204(c)(3); 173.27(b)(2); 173.27(f) Table 2; 175.30(a)(1); 173.27(b)(3) To modify the special permit to authorize the transportation in commerce of additional hazardous materials and to provide relief from segregation by highway. 13167-M ITT Industries Space Systems, LLC, Rochester, NY 49 CFR 173.301(f); 173.304 To modify the special permit to authorize an additional non-DOT specification packaging. 11993-M RSPA-3100 Key Safety Systems, Inc. (formerly BREED Tech.), Lakeland, FL 49 CFR 173.301(a)(1); 173.302a To modify the special permit to authorize a new design pressure vessel. 8627-M Nalco Energy Services, L.P., Naperville, IL 49 CFR 173.201; 173.202; 173.203 To modify the special permit to authorize the transportation of Division 6.1, PG III materials in non-DOT specification portable tanks manifolded together within a frame and securely mounted on a truck chassis. 14415-M PHMSA-27694 Prometheus International, Inc., Commerce, CA 49 CFR 173.21, 173.24, 173.27, 173.308, 175.5, 175.10, 175.30, 175.33 To reissue the special permit originally issued on an emergency basis for the transportation in commerce of gas and liquid fueled Prometheus lighters in special travel containers in checked luggage in commercial passenger aircraft. 7835-M Air Products & Chemicals, Inc., Allentown, PA 49 CFR 177.848(d) To modify the special permit to authorize the use of an E track system as an approved method for securing cylinders transporting various hazardous materials. 14382-M PHMSA-25482 BOC Gases, Murray Hill, NJ 49 CFR 173.163, 180.209 To modify the special permit to specifically define the filling capacity of certain DOT Specification 3BN nickle cylinders containing either tungsten hexafluoride and hydrogen fluoride. 14155-M PHMSA-20606 American Promotional Events, Inc., Florence, AL 49 CFR 173.60; 178.516(b)(1) To modify the special permit to authorize the transportation in commerce of certain fireworks in DOT specification single wall fiberboard boxes. 12122-M RSPA-4313 ARC Automotive, Inc., Knoxville, TN 49 CFR 173.301(h); 173.302; 173.306(d)(3) To modify the special permit to allow machine welding as certified per CGA phamphlet C-3 requirements, and to grant relief from the marking requirements of CFR 178.65(i)(2)(viii) due to the limited size for the cylinders. 7946-M Imaging & Sensing Technology, Horseheads, NY 49 CFR 173.306(6)(4); 175.3; 173.302 To modify the special permit to authorize the transportation in commerce of additional Division 2.2 materials in non-DOT specification steel or aluminum pressure vessels contained in a radiation detector. 12005-M RSPA-3233 Pratt & Whitney Rocketdyne, Inc, Canoga Park, CA 49 CFR 173.302 To modify the special permit to authorize the transportation in commerce of a specially designed unit equipped with an unvented cylinder charged with xenon gas, Division 2.2, as part of a space station project. 10631-M Dept of the Army—Surface Deployment and Distr. Command, Fort Eustis, VA 49 CFR 173.243; 173.244 To modify the special permit to authorize an additional shipping description and to update various paragraphs to coincide with the Hazardous Materials Regulations as currently written. 11156-M Dyno Nobel, Inc., Salt Lake City, UT 49 CFR 173.62; 173.212(b) To modify the special permit to authorize cargo vessel as an authorized mode of transport. 13548-M RSPA-17545 Wiley Rein LLP, Washington, DC 49 CFR 172.301(c), 173.159 To modify the special permit to authorize the transportation in commerce of dry lead acid batteries without marking each package with the special permit number. 14396-M PHMSA-25783 Matheson Tri-Gas, Parsippany, NJ 49 CFR 173.192(a) To reissue the special permit originally issued on an emergency basis for the transportation in commerce of certain Division 2.3 gases in certain DOT specification and non-DOT specification cylinders not normally authorized for cargo vessel transportation, for export only. 10442-M Pratt & Whitney Rocketdyne

(PWR)(Former Grantee: United Technologies Corporation), San Jose, CA 49 CFR 172.101; 173.65; 173.95; 173.154 To modify the special permit to authorize the transportation in commerce of certain Division 1.1D and 1.3C waste materials in UN11G fiberboard boxes and UN11D plywood crates. 14393-M PHMSA-25797 Hamilton Sundstrand Windsor Locks, CT 49 CFR 173.306(e)(iii), (iv),

(v)and (vi); 173.307(a)(4)(iv) To modify the special permit to authorize an increase in the maximum size of the cylinders integrated in the cooling unit. 11215-M Orbital Sciences Corporation, Mojave, CA 49 CFR Part 172, Subparts C, D; 172.101, Special Provision 109 To modify the special permit to authorize the transportation in commerce of additional Division 1.4B, 1.4C explosives and Division 2.2 gases and to establish alternative landing sites. 14488-M Sanofi Pasteur, Swiftwater, PA 49 CFR 173.24(b)(1) To reissue the special permit originally issued on an emergency basis for the transportation in commerce of an influenza vaccine in a custom stainless steel batch reactor at a constant pressure of 1-5 psig by use of a cylinder feeding air into the reactor. 12399-M RSPA-6769 BOC Gases, Murray Hill, NJ 49 CFR 173.34(e)(1); 173.34(e)(3); 173.34(e)(4); 173.34(e)(8); 173.34(e)(14); 173.34(e)(15)(vi) To modify the special permit to authorize removal of a test procedure for cylinders no longer in use by the applicant. 14476-M PHMSA-27282 BP Products North America, Inc. (formerly BP Amoco Oil), Texas City, TX 49 CFR 173.202, 173.203, 173.312, and 173.213 To reissue the special permit originally issued on an emergency basis for the transportation in commerce of certain hazardous materials in non-DOT specification heat exchanger pressure vessels and heat exchanger tube bundles. 14418-M PHMSA-26182 Department of Defense, Ft. Eustis, VA 49 CFR 172.301; 172.400; 172.504(a) To reissue the special permit originally issued on an emergency basis for the transportation in commerce of a water reactive material in special packging as Unitized Group Ration-Express (UGR-E) without being subject to Subchapter C of the Hazardous Materials Regulations. 5022-M Alliant TechSystems Inc., Plymouth, MN 49 CFR 174.101(L); 174.104(d); 174.112(a); 177.834(l)(1) To modify the special permit to authorize the transportation in commerce of an additional Division 1.2 explosive. 14478-M PHMSA-28182 Pilkington North America, Inc., Northwood, OH 49 CFR 178.603 To reissue the special permit originally issued on an emergency basis to authorize the alternative testing of custom manufactured containers that will be used to transport flammable solids, organic, n.o.s. (ferrocene). 10043-M Texas Instruments, Inc., Dallas, TX 49 CFR 173.12 To modify the special permit to authorize residual amounts of various hazardous materials, Class 3 liquids, Class 8 materials, Division 6.1 materials, Division 5.1 materials, and ORM-A or ORM-B, in inside packaging having a maximum capacity of five gallons overpacked in outside non-DOT polyethylene bins of 30 cubic-foot capacity. 11031-M PHMSA-2007-28184 Amfuel, Magnolia, AZ 49 CFR 173.241 13199-M PHMSA-14558 Carrier Corporation, Houston, TX 49 CFR 173.302(c); 173.306(e)(1) To modify the special permit to authorize a manufactured rigid internal structure in place of permanently affixing to a trailer. 14313-M PHMSA-23868 Airgas, Inc., Radnor, PA 49 CFR 173.302a(b)(2), (3),

(4)and (5), 180.205, 180.209, 172.203(a), 172.301(c) To authorize the use of ultrasonic inspection as an alternative retest method for certain DOT specification cylinders and certain cylinders manufactured under a DOT special permit. 11924-M RSPA-2744 Packgen, Inc. (Former Grantee: Wrangler Corporation), Auburn, ME 49 CFR 173.12(b)(2)(i) To modify the special permit to authorize an additional design type for composite intermediate bulk containers

(IBCs)and a change to the additional IBC drop test requirements. 8554-M Austin Powder Company, Cleveland, OH 49 CFR 173.62; 173.240; 173.242; 173.93; 173.114a; 173.154; 176.83; 176.415; 177.848(d) To modify the special permit to authorize the transportation in commerce of certain 1.5D explosives in the same vehicle with 5.1 oxidizers. 11947-M RSPA-2901 Patts Fabrication, Inc., Midland, TX 49 CFR 173.202; 173.203; 173.241; 173.242 To modify the special permit to authorize the transportation of additional Class 3 and 8 material in non-DOT specification containers. 12412-M RSPA-6827 Cincinnati Pool Management, Inc., West Chester, OH 49 CFR 177.834(h); 172.203(a); 172.302(c) To modify the special permit to allow for filling of an IBC without removing it from the motor vehicle on which it is transported while on private property. 7657-M Welker Engineering Company, Sugar Land, TX 49 CFR 173.302(a)(1); 173.304(a)(1); 173.304(b)(1); 175.3; 173.201; 173.202; 173.203 To modify the special permit to authorize the transportation in commerce of additional Division 2.1 gases and to authorize a change in the material of construction. 11054-M Welker Engineering Company, Sugar Land, TX 49 CFR 178.36 Subpart C To modify the special permit to authorize a change in the material of construction. 12531-M RSPA-7865 Worthington Cylinder Corporation, Columbus, OH 49 CFR 173.302(a); 173.304(a); 173.304(d); 178.61(b); 178.61(f); 178.61(g); 178.61(i); 178.61(k) To modify the special permit to authorize additional packing groups for already authorized hazardous materials. 11592-M Amtrol Inc., West Warwick, RI 49 CFR 173.306(g) To modify the special permit to authorize the transportation in commerce of additional Division 2.2 gases. 8723-M Dyno Nobel, Inc., Salt Lake City, UT 49 CFR 172.101; 173.62; 173.242; 176.83; 177.848 To modify the special permit to authorize the transportation in commerce of an additional Division 5.1 hazardous material. 8723-M Austin Powder Company, Cleveland, OH 49 CFR 172.101; 173.62; 173.242; 176.83; 177.848 To modify the special permit to authorize the transportation in commerce of an additional Division 5.1 hazardous material. 13169-M RSPA 13894 Conocophillips Alaska, Inc., Anchorage, AK 49 CFR 172.101(9B) To modify the special permit to allow the transportation in commerce of certain Class 9 materials in UN 31A intermediate bulk containers which exceed quantity limitations when shipped by air. 14551-M PHMSA-2007-28928 Aerojet, Redmond, WA 49 CFR 173.56 To reissue the special permit originally issued on an emergency basis for the transportation in commerce of certain explosives as Dangerous Good in Apparatus, UN3363 instead of the EX classification of Cartridge, power device, UN0323. 14518-M Alliant Techsystems, Inc.

(ATK)Plymouth, MN 49 CFR 173.62 To reissue the special permit originally issued on an emergency basis for the transportation in commerce of Primers, cap type, UN0044 in non-DOT specification packaging when transported by private carrier for a distance of 10 miles or less. 14533-M Skydance Helicopters of Northern Nevada, Inc., Minden, NV 49 CFR 172.101 Column

(9B)To reissue the special permit originally issued on an emergency basis for the transportation in commerce of certain forbidden explosives by helicopter in remote areas of Utah, Oklahoma, Colorado and Wyoming to seismic drilling sites. 14530-M Sandia National Laboratories Livermore, CA 49 CFR 173.242 To reissue the special permit originally issued on an emergency basis for the transportation in commerce of a PG III flammable liquid in alternative packaging (a Neutron Scatter Camera) by motor vehicle and cargo vessel. 14419-M Voltaix, North Branch, NJ 49 CFR 173.181(a) To reissue the special permit originally issued on an emergency basis for the transportation in commerce of a Division 4.2 material in cylinders that are not authorized for that material. 13280-M RSPA-16152 Ovonic Hydrogen Systems, L.L.C., Rochester Hills, MI 49 CFR 173.301(a)(1),

(d)and

(f)To modify the special permit to authorize different pressure relief devices per CGA standards. New Special Permit Granted 14382-N PHMSA-25482 BOC Gases, Murray Hill, NJ 49 CFF 173.163, 180.209 To authorize the transportation in commerce of certain DOT Specification 3BN nickle cylinders containing either tungsten hexafluoride and hydrogen fluoride that are used interchangably without requalifying the cylinder. (modes 1, 2, 3) 14383-N PHMSA-25483 Dairy and Power Cooperative, Genoa, WI 49 CFR 173.416 To authorize the one-time, one-way transportation in commerce of a Class 7 used reactor pressure vessel in alternative packaging by motor vehicle and rail. (modes 1, 2) 14384-N PHMSA-25485 Matheson Tri-Gas, Parsippany, NJ 49 CFR 173.301(f)(1) To authorize the transportation in commerce of Propylene in DOT 3AA or 3AL specification cylinders utilizing an unbacked pressure relief device. (modes 1, 2, 3, 4) 14387-N PHMSA-25632 Gayston Corporation, Springboro, OH 49 CFR 173.302a, 173.304a, 180.209 To authorize the manufacture, marking sale and use of non-DOT specification fully wrapped carbon fiber reinforced aluminum lined cylinders for shipment of certain Division 2.2 gases. (modes 1, 2, 3, 4, 5) 14388-N PHMSA-25633 ATK Thiokol, Inc., Brigham City, UT 49 CFR 173.62 To authorize the transportation in commerce of certain desensitized explosives in a non-DOT specification 40 cubic yard metal roll-off box by motor vehicle. (mode 1) 14393-N PHMSA-25797 Hamilton Sundstrand, Windsor Locks, CT 49 CFR 173.306(e)(iii), (iv),

(v)and (vi); 173.307(a)(4)(iv) To authorize the transportation in commerce of new supplemental cooling unit refrigeration machines with alternative safety devices as a component part of an aircraft. (modes 1, 2, 3, 4) 14394-N PHMSA-25799 Boeing Company Kennedy Space, Center, FL 49 CFR 173.302a To authorize the transportation in commerce of Nitrogen Tank Assemblies by motor vehicle between the Kennedy Space Center and Cape Canaveral Air Force Station not subject to the packaging requirements of the Hazardous Materials Regulations. (mode 1) 14395-N PHMSA-25782 Britz Fertilizers, Inc., Fresno, CA 49 CFR 172, 173, 177 To authorize the transportation in commerce of a liquid soil fumigant classed as Division 6.1, PG II, in a non-DOT specification bulk packaging mounted on a farm tractor or wagon, not subject to certain requirements of Parts 172 and 177 of the Hazardous Materials Regulations. (mode 1) 14398-N PHMSA-25935 Lyondell Chemical Company, Houston, TX 49 CFR 172.203(a); 179.13; 173.31(c)(1) To authorize the transportation in commerce of Titanium tetrachloride in DOT-105J600W tank cars with a maximum gross weight on rail that exceeds the maximum limit of 263,000 pounds. (mode 2) 14399-N PHMSA-25821 Gas Cylinder Technologies Inc., Tecumseh, Ontario 49 CFR 173.302a To authorize the manufacture, marking, sale and use of non-DOT specification cylinders similar to DOT 39 for the transportation of non-flammable, non-liquefied gases. (modes 1, 2, 3, 4, 5) 14400-N PHMSA-25820 Ultra Electronics, Alexandria, VA 49 CFR 172.301, 172.400, 173.306, 175.26 To authorize the transportation in commerce of Air, compressed in a non-DOT specification high pressure compressor system. (modes 1, 2, 3, 4) 14405-N PHMSA-26003 True Drilling LLC, Casper, WY 49 CFR 173.5a To authorize the transportation in commerce of certain Class 3 hazardous materials in a truck-mounted meter prover without draining to 10% capacity. (mode 1) 14407-N PHMSA-25999 ITW Sexton, Decatur, AL 49 CFR 173.304a To authorize the manufacture, marking, sale and use of a non-DOT specification cylinder to be used for the transportation in commerce of certain Division 2.2 materials. (modes 1, 2, 3, 4) 14410-N Voltaix, LLC, North Branch, NJ 49 CFR 180.209(a) To authorize the transportation in commerce of DOT Specification 4BW cylinders that are in dedicated use for trimethylchlorosilane, dimethyldichlorosilane and trimethylsilane service and have been visually inspected instead of hydrostatically tested for periodic requalification. (modes 1, 2) 14411-N PHMSA-26097 OPW Fueling Components, Cincinnati, OH 49 CFR 173.150 To authorize the transportation in commerce of gasoline nozzles (fueling components) containing the residue of gasoline. (modes 1, 2) 14422-N PHMSA-26307 Patterson Logistics, Boone, IA 49 CFR 172.101 Hazardous Materials Table, column 8A To authorize the transportation in commerce of 4 ounces or less of ethyl chloride as a consumer commodity. (modes 1, 2, 3, 4, 5) 14424-N PHMSA-26308 Chart Industries, Inc., Ball Ground, GA 49 CFR 172.203(a); 177.834(h) To authorize filling and discharging of a DOT Specification 4L cylinder with carbon dioxide, refrigerated liquid without removal from the vehicle. (mode 1) 14427-N PHMSA-26246 The Procter & Gamble Company, Cincinnati, OH 49 CFR 173.306(a) and 173.306(a)(3)(v) To authorize the transportation in commerce of Division 2.2 aerosols in non-DOT specification plastic containers not subject to the hot water bath test. (modes 1, 2, 3, 4, 5) 14429-N PHMSA-26345 Schering-Plough, Union, NJ 49 CFR 173.306(a)(3)(v) To authorize the manufacture, marking, sale and use of a bag-on-valve spray packaging similar to an aerosol container without requiring the hot water bath test. (modes 1, 2, 3, 4, 5) 14437-N PHMSA-26551 The Columbiana Boiler Co., Columbiana, OH 49 CFR 179.300 To authorize the manufacture, marking, sale and use of non-DOT specification multi-unit tank car tanks similar to DOT 106A for transportation of hazardous materials. (mode 2) 14440-N PHMSA-26545 Aiolos Laboratories AB, Karlstad, Sweden 49 CFR 173.306(a)(3)(v) To authorize the transportation in commerce of Division 2.1 hazardous materials in certain non-refillable aerosol containers which are not subject to the hot water bath test. (modes 1, 2, 3, 4, 5) 14441-N PHMSA-27490 B.J. Alan Company, Youngstown, OH 49 CFR 173.60 To authorize the transportation in commerce of certain fireworks in non-DOT specification packagings when returned to the distributor. (mode 1) 14443-N PHMSA-26540 Ball Aerospace & Technologies Corp., Boulder, CO 49 CFR 173.301(a)(1) and (a)(3) To authorize the transportation in commerce of helium by motor vehicle in a non-DOT specification packaging. (mode 1) 14445-N PHMSA-26547 Crown Packaging Technology, Alsip, IL 49 CFR 173.304(e) and 173.306(a) To authorize the manufacture, marking, sale and use of a non-DOT specification inside metal container conforming in part with DOT-Specification 2Q for use in transporting R-134a (1,1,2 tetrafluoroethane). (modes 1, 2, 3, 4) 14447-N California Tank Lines, Inc., Stockton, CA 49 CFR 177.834 To authorize cargo tanks to remain connected while standing without the physical presence of an unloader when using a specially designed hose. (mode 1) 14452-N PHMSA-26874 Martek Biosciences Corporation, Winchester, KY 49 CFR 173.241 To authorize the transportation in commerce of certain Division 4.2 hazardous materials in non-DOT specification bulk containers. (mode 1) 14453-N PHMSA-26875 FIBA Technologies, Inc., Westboro, MA 49 CFR 180.209 To authorize the ultrasonic testing of DOT-3A, DOT-3AA 3AX, 3AAX and 3T specification cylinders for use in transporting Division 2.1, 2.2 or 2.3 material. (modes 1, 2, 3) 14454-N PHMSA-26876 Bozel (Europe) France 49 CFR Subparts D, E and F of Part 172; 173.24(c) and Subparts E and F of Part 173. To authorize the transportation in commerce of a specially designed device consisting of metal tubing containing certain hazardous materials to be transported as essentially unregulated. (modes 1, 2, 3) 14455-N PHMSA-26877 EnergySolutions, LLC, Columbia, SC 49 CFR 173.403 and 173.427(b)(1) To authorize the transportation in commerce of Class 7 surface contaminated objects in non-DOT specification packaging. (modes 1, 2, 3) 14458-N PHMSA-26873 Hawaii Superferry, Honolulu, HI 49 CFR 172.101 Column

(10A)To authorize the transportation in commerce of limited quantities of Class 3, Class 9 and Division 2.1 hazardous materials being stowed on and below deck on passenger ferry vessels transporting motor vehicles, such as recreational vehicles, with attached cylinders of liquefied petroleum gas. (mode 6) 14460-N PHMSA-26872 Real Sensors, Inc., Hayward, CA 49 CFR Part 172, subparts B, C, D, E and F To authorize the transportation in commerce of permeation devices with a maximum volume of 6cc containing anhydrous ammonia. (modes 1, 2, 3, 4) 14462-N PHMSA-27094 3M Company, St. Paul, MN 49 CFR 171.2(k) To authorize the transportation in commerce of a liquefied gas that does not meet any Class 2 definition as a Division 2.2 compressed gas. (modes 1, 2, 3, 4, 5) 14467-N PHMSA-27190 Brenner Tank, LLC, Fond Du Lac, WI 49 CFR 178.345-2 To authorize the manufacture, marking, sale and use of DOT 400 series cargo tanks using alternative materials of construction, specifically duplex stainless steels. (mode 1) 14469-N PHMSA-27148 Space Systems/Loral, Palo Alto, CA 49 CFR 172.101 column

(9B)To authorize the transportation in commerce of anhydrous ammonia by cargo aircraft exceeding the quantities authorized in Column (9B). (mode 4) 14471-N University of Colorado Hospital, Denver, CO 49 CFR 173.12 To authorize the one-way transportation in commerce of various hazardous materials in lab packs to facilitate relocation of laboratory facilities. (mode 1) 14472-N University of Colorado Hospital, Denver, CO 49 CFR 173.196; 178.609 To authorize the one-way transportation in commerce of infectious substances other than Risk Group 4 in specially designed packaging (freezers). (mode 1) 14474-N OSI Environmental Inc., Eveleth, MN 49 CFR 173.243 To authorize the transportation in commerce of petroleum crude oil in non-DOT specification cargo tanks, in a spill mitigation effort. (mode 1) 14475-N PHMSA-27253 Chemtura Corporation, Middlebury, CT 49 CFR 173.24a(a)(1) To authorize the transportation in commerce of certain packagings containing Consumer commodity, ORM-D with closures that are not oriented in the upward direction. (modes 1, 2) 14479-N PHMSA-27692 Medical Waste Institute, Washington, DC 49 CFR 172.301(a); 172.301(c); 172.312(a)(2) To authorize the use of containers marked with an alternative shipping name for UN3291. (mode 1) 14480-N PHMSA-28525 REC Advanced Silicon Materials LLC, Silver Bow, MT 49 CFR 173.301(1)(iii)(2) To authorize the transportation in commerce of certain DOT specification cylinders and cylinders manufactured to a foreign specification without pressure relief devices. (modes 1, 3) 14482-N PHMSA-27691 Classic Helicopters, Woods Cross, UT 49 CFR 172.204(c)(3); 173.27(b)(2)(3); 175.30(a)(1) To authorize the transportation of certain Division 1.2 explosives by cargo aircraft (helicopter). (mode 4) 14484-N PHMSA-27696 E Ink Corporation, Cambridge, MA 49 CFR 173.202(a), 173.202(c), 173.28(b)(2) To authorize the manufacture, marking, sale and use of reusable stainless steel vessels for the transportation in commerce of certain Class 3 hazardous materials. (mode 1) 14485-N PHMSA-27689 Constellation Technology Corporation 49 CFR Part 172 Subpart E and F; Part 174 except 174.24, Part 176 except 176.24 and Part 177 except 177.817; Sections 173.302a, 173.306(b)(4) and 175.3 To authorize the manufacture, marking, sale and use of non-DOT specification cylinders for the transportation in commerce of certain Division 2.1 and 2.2 gases. (modes 1, 2, 3, 4, 5) 14487-N PHMSA-27829 Osmose Inc., Millington, TN 49 CFR 173.212 To authorize the one-way transportation in commerce of Arsenic trioxide, Division 6.1, PG II in non-DOT specification drums. (mode 1) 14492-N PHMSA-27836 Tankbouw Rootselaar B. V., The Netherlands 49 CFR 178.276(a)(1) and (a)(2) To authorize the manufacture, mark, sale and use of non-DOT specification portable tanks conforming with the 2004 edition (+2005 Addenda) of Section VIII, Division 1 of the ASME Code for the transportation in commerce of certain Division 2.1 and 2.2 hazardous materials. (modes 1, 2, 3) 14493-N PHMSA-27835 Thermacore, Inc., Lancaster, PA 49 CFR 173.306(e) To authorize the transportation in commerce of non-DOT specification containers (heat pipes) containing anhydrous ammonia for use in specialty cooling applications. (modes 1, 2, 3, 4) 14494-N PHMSA-27834 Airgas, Inc., Cheyenne, WY 49 CFR 172.202, 172.301(a) and 172.301(c) To authorize the transportation in commerce of cylinders that are marked with obsolete proper shipping descriptions to allow for their return. (modes 1, 2, 3, 4, 5) 14495-N PHMSA-27839 GE Healthcare, Arlington Heights, IL 49 CFR 173.302(a), 175.3 To authorize the transportation in commerce of a Division 2.2 gas in a non-DOT specification cylinder. (modes 1, 4) 14496-N PHMSA-27831 Oilphase Division, Schlumberger Eval. & Production

(UK)Ltd., Dyce, Aberdeen, UK 49 CFR 173.201(c), 173.202(c), 173.203(c), 173.301(f), 173.302(a), 173.304(a), 173.304(d), 175.3 To authorize the manufacture, marking, sale and use of non-DOT specification cylinders similar to a DOT 3A for the transportation of Division 2.1 and 2.3 gases. (modes 1, 2, 3, 4) 14502-N PHMSA-27937 Ropak Southeast, LaGrange, GA 49 CFR 178.3(a)(1), 178.502(a)(1) To authorize the transportation in commerce of approximately 3900 UN 1H1 drums that were incorrectly marked as jerricans (3H1). (modes 1, 2, 3, 4, 5) 14503-N PHMSA-27938 Gay Lea Foods Co-operative Limited, Guelph 49 CFR 173.306(b)(1) To authorize the transportation in commerce of an aerosol foodstuff in a nonrefillable metal container similar to a DOT Specification 2P. (modes 1, 2, 3, 4, 5) 14506-N PHMSA-28187 Jacobs Engineering, Anchorage, AK 49 CFR 173.4(a)(1)(i) To authorize the transportation in commerce of a Class 3 material in a non-DOT Specification packaging. (modes 1, 2, 3, 4, 5, 6) 14509-N PHMSA-28225 Pacific Consolidated Industries, LLC, Riverside, CA 49 CFR 173.302(a)(1), 173.304a(a)(1),175.3 To authorize the manufacturing, marking, sale and use of brass-lined filament wound cylinders for use in transporting certain Division 2.1 and 2.2 gases. (modes 1, 2, 3, 5) 14510-N PHMSA-28186 Clean Earth Systems, Inc., Tampa, FL 49 CFR 173.12(b), 173.12(b)(2)(i) To authorize the transportation in commerce by motor vehicle of certain hazardous materials in UN4G fiberboard boxes lined with polyethylene. (mode 1) 14513-N PHMSA-28183 Hazmat Services, Inc., Anaheim, CA 49 CFR 173.12(b)(2)(ii), 172.101(b)(1),173.12(b)(1) To authorize the transportation in commerce of chemically-compatible hazardous materials with different hazard classes in lab packs. (mode 1) 14517-N PHMSA-28269 The Children's Hospital, Denver, CO 49 CFR 173.196; 178.609 To authorize the one-way transportation in commerce of infectious substances other than Category A in specially designed packaging (freezers). (mode 1) 14519-N PHMSA-28467 Commodore Advanced Sciences, Inc., Richland, WA 49 CFR 173.244 To authorize the one-time, one-way transportation in commerce of solidified sodium metal (UN1428) in alternative packaging from Mobile, Alabama to Oakridge, Tennessee. (modes 1, 2) 14522-N PHMSA-28464 Toyota Motor Sales, U.S.A., Inc., Torrance, CA 49 CFR Part 172 and Part 173 To authorize the transportation in commerce of certain Class 8 and 9 hazardous materials across a public road within Toyota's facility to be transported as non-regulated. (mode 1) 14523-N PHMSA-28469 Pacific Bio-Material Management, Inc., Fresno, CA 49 CFR 173.196(b); 173.196(e)(2)(ii) To authorize the transportation in commerce of certain infectious substances in specially designed packaging (freezers). (mode 1) 14524-N PHMSA-28470 Oxia U.S. Ltd., Las Vegas, NV 49 CFR 173.306(a)(1) To authorize the transportation in commerce of a DOT Specification 3AL cylinder containing 90% oxygen and 10% nitrogen as consumer commodity when the capacity does not exceed 5.2 ounces transported by motor vehicle. (mode 1) 14525-N PHMSA-28465 Alcoa Inc., Pittsburgh, PA 49 CFR Parts 171-180 except shipping papers and ID number marking To authorize the transportation in commerce of certain used diatomaceus earth filter material not subject to the Hazardous Materials Regulations, except for shipping papers and certain marking requirements when transported by motor vehicle. (mode 1) 14527-N PHMSA-29269 FedEx Express, Memphis, TN 49 CFR 175.33 To authorize the air transportation of certain hazardous materials without identifying the packaging type on the Notification to Pilot in Command. (modes 4, 5) 14528-N PHMSA-28270 Halpern Import Company, Inc., Atlanta, GA 49 CFR 173.304; 173.306 To authorize the transportation in commerce of butane in approximately 20,016 non-DOT specification, non-refillable inner receptacles containing butane in non-UN standard outer packagings. 14532-N PHMSA-28696 Degussa Corporation, Parsippany, NJ 49 CFR 173.31(d)(i)(vi); 172.302(c) To authorize the transportation in commerce of certain Division 5.1 hazardous materials in tank cars that have not had their rupture disk removed for inspection. (mode 2) 14545-N PHMSA-28830 UCLA Film and Television Archive, Hollywood, CA 49 CFR 173.183 To authorize the one-way transportation in commerce of cellulose nitrate motion picture film from two locations in Hollywood, CA to climate-controlled film vaults in Santa Clarita, CA in alternative packaging. (mode 1) 14548-N PHMSA-28912 International Air Transport Association, Montreal 49 CFR 175.10(15) To authorize the transportation in commerce of wheelchairs or other battery-powered mobility aids equipped with a non-spillable battery when carried as checked baggage, provided the battery meets certain provisions in 49 CFR, the battery terminals are protected from short circuits, and the battery is securely attached to the wheelchair or mobility aid. (mode 5) 14555-N Norton Sound Economic Development Corporation, Nome, AK 49 CFR 173.159(c)(1) To authorize the one-way transportation in commerce of a forklift battery pack by air in an area of Alaska where no other means of transportation is practicable. (mode 5) 14564-N PHMSA-29144 Bealine Service Co., Inc., Pasadena, TX 49 CFR 173.33(a)(3) To authorize the one-time, one-way transportation in commerce of an MC 412 DOT-specification cargo tank that was filled with a Class 9 hazardous material when it was past due for inspection. (mode 1) EMERGENCY SPECIAL PERMIT GRANTED EE 14242-M PHMSA-25164 EPA Region 6 (Louisiana), Dallas, TX 49 CFR 171-180 To reissue the exemption originally issued on an emergency basis to support the recovery and relief efforts to, from and within the Hurricane Katrina and Hurricane Rita disaster areas of Louisiana under conditions that may not meet the Hazardous Materials Regulations. (modes 1, 2, 3, 4) EE 14167-M PHMSA-20669 FRA 49 CFR 173.26, 173.314(c), 179.13 and 179.100-12(c) To modify the special permit for consistency with other similar special permits. (mode 2) EE 14391-M W.E.L., Inc., Concord, VA 49 CFR 173.28(a), 173.35(a) and 173.35(b) To modify the special permit to reflect the new abatement location. (mode 1) EE 12920-M RSPA-11638 Epichem, Inc. 49 CFR 173.181(c) To modify the special permit to authorize a 68.3mm center opening in the top head of the containers authorized in the special permit. (modes 1, 3) EE 13169-M RSPA 13894 Conocophillips Alaska, Inc., Anchorage, AK 49 CFR 172.101(9B) To reissue the exemption originally issued on an emergency basis for the transportation of certain Class 9 materials in UN 31A intermediate bulk containers which exceed quantity limitations when shipped by air. (mode 4) EE 12995-M PHMSA-12220 Dow Chemical Company, Midland, MI 49 CFR 173.306(a)(3)(v) To modify the exemption to authorize the use of the DOT 2Q specification container with an increased container pressure not to exceed 180 psig at 55 degrees C. (modes 1, 2, 3, 4) EE 14412-M PHMSA-26098 BP Exploration Alaska, Anchorage, AK 49 CFR 173.201 To modify the special permit to authorize cargo vessel as an authorized mode of transportation. (mode 1) EE 14418-M PHMSA-26182 Department of Defense, Ft. Eustis, VA 49 VFR 172.301; 172.400; 172.504(a) (modes 1, 4, 5) EE 14418-M PHMSA-26182 Department of Defense, Ft. Eustis, VA 49 CFR 172.301; 172.400; 172.504(a) To correct typos in paragraph 2 and 7.b(2) (modes 1, 4, 5) EE 10427-M Astrotech Space Operations, Inc., Titusville, FL 49 CFR 173.61(a); 173.301(f); 173.302a; 173.336; 177.848(d) To modify the exemption to authorize a quantity increase from 700 pounds to 1200 pounds of a Division 2.2 material transported on the same motor vehicle with various hazardous materials. (mode 1) EE 14414-M Sea Launch, Long Beach, CA 49 CFR Part 172 Subparts C, D, E and F; 173.62; Part 173 Subparts E, F and G To modify the special permit to authorize any charter flight that conforms and is certified to FAA Part 129 and to expand the site of Long Beach to include metro LA airports. (modes 1, 3, 4) EE 12668-M PHMSA-9385 Tri-Wall, A Weyerhaeuser Business, Exeter, CA 49 CFR 173.12(b)(2)(i) To modify the special permit to authorize cargo vessel as an approved mode of transportation. (modes 1, 3) EE 14463-M PHMSA-26976 Korean Air Lines Co., Ltd., Los Angeles, CA 49 CFR 172.101 Column (9B), 172.204(c)(3), 173.27; 175.30(a)(1), 175.320 To modify the special permit to correct the maximum net weight of explosives. (mode 4) EE 12135-M RSPA-4418 Daicel Safety Systems, Inc. Hyogo Prefecture, 671-1681 49 CFR 173.301(h); 173.302; 173.306(d)(3) To modify the special permit to authorize a new design of non-DOT specification cylinders (pressure vessels) for use as components of automobile vehicle safety systems to prevent severe economic loss. (modes 1, 2, 3, 4) EE 14399-M PHMSA-25821 Gas Cylinder Technologies Inc., Tecumseh, Ontario 49 CFR 173.302a To modify the special permit to specifically authorize the transportation in commerce of oxygen, compressed by air. (modes 1, 2, 3, 4, 5) EE 14431-M PHMSA-26347 Kraton Polymers, Belpre, OH 49 CFR 173.227(c) To modify the special permit to authorize a drum rated to the PG II level for the transportation of ethylene dibromide. (modes 1, 2, 3) EE 11650-M Autoliv ASP, Inc., Ogden, UT 49 CFR 173.301; 173.302; 178.65-9 To modify the special permit for consistency with other air bag special permits. (modes 1, 2, 3, 4) EE 14466-M PHMSA 27095 Alaska Pacific Powder Company, Anchorage, AK 49 CFR 172.101 Column

(9B)To modify the special permit by specifying the specific sections for which segregation applies. (mode 4) EE 10885-M U.S. Department of Energy, Washington, DC 49 CFR 172.101 Col. 9(b); 172.204(c)(3); 173.27(b)(2); 173.27(f) Table 2; 175.30(a)(1); 172.27(b)(3) To modify the special permit to authorize the transportation in commerce of additional hazardous materials and to provide relief from segregation by highway. (mode 4) EE 14466-M PHMSA 27095 Alaska Pacific Powder Company, Anchorage, AK 49 CFR 172.101 Column

(9B)To modify the special permit to allow the transportation in commerce of additional Class 1 explosive materials which are forbidden for transportation by air, to be transported by cargo aircraft within the State of Alaska when other means of transportation are impracticable or not available. (mode 4) EE 11536-M Boeing Company, The, Los Angeles, CA 49 CFR 173.102 Spec. Prov, 101; 173.24(g); 173.62; 173.202; 173.304; 175.3 To modify the special permit to authorize an additional Class 1 material and make minor editorial changes. (modes 1, 3, 4) EE 14580-M LifeSparc, Hollister, CA 49 CFR 173.56(b) To modify the special permit by adding an additional proper shipping description and related packaging. (mode 1) EE 14380-N Northern Air Cargo, Inc., Anchorage, AK 49 CFR 172.101 Column

(9B)To authorize the one-time one-way transportation in commerce of anhydrous ammonia in two DOT-4AA 480 specification cylinders aboard a cargo-only aircraft. EE 14381-N PHMSA-25456 Ball Corporation, Elgin, IL 49 CFR 178.33a-8 To authorize the manufacture, mark, sale and use of an existing inventory of approximately 438,000 DOT-specification 2P inner metal containers that were inadvertently marked 2Q in addition to the 2P marking. (modes 1, 2, 3, 4, 5) EE 14389-N PHMSA-25607 The Boeing Company, Huntington Beach, CA 49 CFR 173.302 To authorize the one-way transportation in commerce of the NEXTSat satellite containing a non-DOT specification pressure vessel and a lithium ion battery by motor vehicle. EE 14390-N Korean Air Lines Co., Ltd., Los Angeles, CA 49 CFR 171.101172.101, 172.204(c)(3), 173.27; 175.30(A)(1), 175.320 To authorize the transportation of certain Division 1.1D and 1.1J explosives which are forbidden for shipment by cargo-only aircraft. (mode 4) EE 14391-N W.E.L., Inc., Concord, VA 49 CFR 173.28(a), 173.35(a) and 173.35(b) To authorize the one-time, one-way transportation in commerce by motor vehicle of Sodium hydrosulfite in intermediate bulk containers that have been damaged by fire. (mode 1) EE 14396-N PHMSA-25783 Matheson Tri-Gas, Parsippany, NJ 49 CFR 173.192(a) To authorize the transportation in commerce of Arsine, Division 2.3, in certain DOT specification and non-DOT specification cylinders not normally authorized for cargo vessel transportation, for export only. (modes 1, 3) EE 14404-N PHMSA-26005 Miller Transporters, Inc., Jackson, MS 49 CFR 173.243 To authorize the emergency transportation in commerce of a tank that at one time conformed to the MC-312 specifications, but due to sub-standard modifications made to the overturn protection and to the rear end protection to allow for the addition of piping and valves, it may no longer be in compliance with DOT specifications. (mode 1) EE 14412-N PHMSA-26098 BP Exploration Alaska, Anchorage, AK 49 CFR 173.201 To authorize the emergency transportation in commerce of a pipeline pipe specimen containing a Class 3 hazardous material by motor vehicle. (mode 1) EE 14415-N PHMSA-27694 Prometheus International, Inc., Commerce, CA 49 CFR 173.21, 173.24, 173.27, 173.308, 175.5, 175.10, 175.30, 175.33 Emergency exemption request to authorize the transportation of gas and liquid fueled Prometheus lighters in special travel containers in checked luggage in commercial passenger aircraft. (mode 5) EE 14416-N PHMSA-26181 Sandia National Laboratories, Albuquerque, NM 49 CFR 173.301(f) To authorize the transportation in commerce of the Advance Flight Telescope

(AFT)Payload containing ICC 3A and DOT 3AA specification cylinders containing nitrogen without pressure relief devices. (modes 1, 4, 5) EE 14418-N PHMSA-26182 Department of Defense, Ft. Eustis, VA 49 CFR 172.301; 172.400; 172.504(a) To authorize the transportation in commerce of a water reactive material in special packaging as Unitized Group Ration-Express (UGR-E) without being subject to Subchapter C of the Hazardous Materials Regulations. (modes 1, 4, 5) EE 14419-N Voltaix, LLC, Branchburg, NJ 49 CFR 173.181(a) To authorize the transportation in commerce of pyrophoric liquid n.o.s. in cylinders that are not authorized for that material. (mode 1) EE 14421-N PHMSA-26247 Lancaster Laboratories, Inc., Lancaster, PA 49 CFR 173.4 To authorize the transportation in commerce of Nitric acid other than red fuming with 20% or less nitric acid as small quantities under the provision of 49 CFR 173.4. (mode 4) EE 14431-N PHMSA-26347 Kraton Polymers, Belpre, OH 49 CFR 173.227(c) To authorize the transportation in commerce of ethylene dibromide in alternative packaging. (modes 1, 2, 3) EE 14435-N PHMSA-26500 Tetra Technologies, Inc., The Woodlands, TX 49 CFR 173.249(c) To authorize the one-time, one-way transportation of Bromine in a DOT Specification IM101 portable tank that is not filled between 88 and 92% of capacity. (mode 1) EE 14450-N Nalco Energy Services LP, Naperville, IL 49 CFR 177.834 To authorize additional time for retrofitting IBCs to meet the valving requirements of DOT-SP 12412 which authorizes the unloading of IBCs without removal of the transport vehicle. (mode 1) EE 14451-N Halpern Import Company, Inc., Atlanta, GA 49 CFR 173.306(a) To authorize the transportation in commerce of cans of lighter refills, reclassed as consumer commodities, in non-DOT specification packages. The containers exceed the 4 ounce capacity limitation. (mode 1) EE 14459-N The Library of Congress, WPAFB, OH 49 CFR 173.212(b) in that a non-DOT specification package is authorized; and 173.301(c) in that marking the special permit number on the package is waived To authorize the one-time transportation in commerce of certain nitrate cellulose film packaged in metal cans and shrink-wrapped on pallets. (mode 1) EE 14463-N PHMSA-26976 Korean Air Lines Co., Ltd., Los Angeles, CA 49 CFR 172.101 Column (9B), 172.204(c)(3), 173.27; 175.30(a)(1), 175.320 To authorize the transportation of certain explosives which are forbidden for shipment by cargo-only aircraft. (mode 4) EE 14464-N PHMSA-26975 Agmark Foods, Nashville, TN 49 CFR 171.14(d)(4) and 173.32(c)(2) To authorize the transportation in commerce of Ethyl alcohol solution in certain ISO portable tanks that do not meet Portable Tank Code T-3. (mode 1) EE 14466-N PHMSA-27095 Northern Air Cargo, Inc., Anchorage, AK 49 CFR 172.101 Column

(9B)To authorize the transportation in commerce of certain Class 1 explosive materials which are forbidden for transportation by air, to be transported by cargo aircraft within the State of Alaska when other means of transportation are impracticable or not available. (mode 4) EE 14476-N PHMSA-27282 BP Products North America, Inc. (formerly BP Amoco Oil), Texas City, TX 49 CFR 173.202, 173.203, 173.312, and 173.213 To authorize the transportation in commerce of certain hazardous materials in non-DOT specification heat exchanger pressure vessels and heat exchanger tube bundles. (mode 1) EE 14477-N PHMSA-27345 Honeywell International, Inc., Morristown, NJ 49 CFR 173.40(b); 173.301(f) To authorize the one-way transportation in commerce of approximately 29 DOT 3AA-2015 cylinders overfilled with a Division 2.3 Hazard Zone B hazardous material. (mode 1) EE 14478-N PHMSA-28182 Pilkington North America, Inc., Northwood, OH 49 CFR 178.603 Request for special permit to authorize the alternative testing of custom manufactured containers that will be used to transport flammable solids, organic, n.o.s. (ferrocene). (mode 1) EE 14488-N Sanofi Pasteur, Swiftwater, PA 49 CFR 173.24(b)(1) To authorize the transportation in commerce of an influenza vaccine in a custom stainless steel batch reactor at a constant pressure of 1-5 psig by use of a cylinder feeding air into the reactor. (mode 1) EE 14489-N Chugach Electric Association, Inc., Anchorage, AK 49 CFR 172.101 Hazardous Materials Table Column

(9B)To authorize the transportation in commerce of Caustic alkali liquids in certain bulk packaging of 400 gallon capacity or less by cargo aircraft within the State of Alaska. (mode 4) EE 14497-N PHMSA-27828 B&H Systems, Inc., Elk Grove Village, IL 49 CFR 173.183 and 172.302(c) This emergency special permit authorizes the one-time transportation in commerce of certain nitrate cellulose film packaged in non-DOT specification packaging. (mode 1) EE 14501-N Halliburton Energy Services, Inc., Houston, TX 49 CFR Parts 171-180 To authorize the emergency transportation in commerce of radioactive material in a section of pipe not subject to the Hazardous Materials Regulations except as provided herein. (modes 1, 3) EE 14516-N PHMSA-28468 FedEx Express, Baton Rouge, LA 49 CFR 175.75(d), 172.203(a), 172.301(c) To authorize a package of radioactive material that is labeled with the Cargo Aircraft Only label and also a subsidiary hazard label to be loaded in an accessible cargo location when transported by aircraft. (modes 4, 5) EE 14518-N Alliant Techsystems, Inc. (ATK), Plymouth, MN 49 CFR 173.62 To authorize the transportation in commerce of Primers, cap type, UN0044 in non-DOT specification packaging when transported by private carrier for a distance of 10 miles or less. (mode 1) EE 14526-N Kidde Aerospace, Wilson, NC 49 CFR 173.302a To authorize the one-way transportation of a Division 2.2 compressed gas in a non-DOT specification cylinder similar to a DOT-39 for transportation by motor vehicle. (modes 1, 3) EE 14530-N Sandia National Laboratories, Livermore, CA 49 CFR 173.242 To authorize the transportation in commerce of a PG III flammable liquid in alternative packaging (a Neutron Scatter Camera) by motor vehicle and cargo vessel. (modes 1, 3) EE 14531-N Astar Air Cargo, Inc., Wilmington, OH 49 CFR Parts 100-180 To authorize the transportation in commerce of a breath tester in company owned aircraft as unregulated. (modes 4, 5) EE 14533-N Skydande Helicopters of Northern Nevada, Inc., Minden, NV 49 CFR 172.101 Column

(9B)To authorize the transportation of certain forbidden explosives by helicopter in remote areas of Utah, Oklahoma, Colorado and Wyoming to seismic drilling sites. (mode 4) EE 14540-N PHMSA-28731 Korean Air Lines Co., Ltd., Los Angeles, CA 49 CFR 172.101 Column (9B), 172.204(c)(3), 173.27; 175.30(a)(1), 175.320 To authorize the air transportation in commerce of certain explosives which are forbidden for shipment by cargo-only aircraft. (mode 4) EE 14541-N Northern Air Cargo, Inc., Anchorage, AK 49 CFR 172.101 Column (9B), 172.301(c) and 172.203(a) To authorize the one-time one-way transportation in commerce of anhydrous ammonia in a DOT-4AA 480 specification cylinders aboard a cargo-only aircraft. (mode 4) EE 14551-N PHMSA-28928 Aerojet, Redmond, WA 49 CFR 173.56 To authorize the transportation in commerce of certain explosives as Dangerous Good in Apparatus, UN3363 instead of the EX classification of Cartridge, power device, UN0323. (modes 1, 2, 3, 4, 5) EE 14553-N PHMSA-28929 Chemtrade Logistics, Inc., North York, ON 49 CFR 178.3(a) To authorize the transportation in commerce of approximately 3,200 UN1A2 drums containing Sodium Hydrosulfite powder, UN1384 that are marked with the UN certification only on the head of the drum. (mode 1) EE 14557-N Pacific Bio-Material Management, Inc., Fresno, CA 49 CFR 173.196 and 178.609 To authorize the one-time, one-way transportation in commerce of certain Category A infectious substances by motor vehicle in alternative packaging for a distance of less than 15 miles. (mode 1) EE 14562-N The Lite Cylinder Company, Franklin, TN 49 CFR 173.304a(a)(1) To authorize the manufacture, marking, sale and use of a non-DOT specification, liner-less, fully-wrapped fiberglass composite cylinder for the transportation in commerce of certain Division 2.1 and 2.2 materials. EE 14563-N PHMSA-29093 The Procter & Gamble Distributing LLC, Cincinnati, OH 49 CFR 171.8 and 173.306(a)(3) To authorize the one-time, one-way, transportation in commerce of certain non-DOT specification metal receptacles containing Division 2.1 material as Consumer commodity, ORM-D by motor vehicle for disposal only. (mode 1) EE 14568-N PHMSA-29130 Department of Defense, Ft. Eustis, VA 49 CFR 173.431 To authorize the transportation in commerce of portable nuclear gauges containing certain radioactive materials exceeding the quantity that may be transported in a Type A packaging. EE 14579-N Summitt Environmental, Inc. (Summitt), Wake Village, TX 49 CFR 173.304a To authorize the transportation in commerce of non-DOT specification cylinders containing methylamine, anhydrous one-time, one-way by motor vehicle for disposal. (mode 1) EE 14580-N LifeSparc, Hollister, CA 49 CFR 173.56(b) To authorize the transportation in commerce of certain explosive materials without an EX approval by motor vehicle. (mode 1) EE 14581-N Saint Louis University, St. Louis, MO 49 CFR 173.196; 178.609 To authorize the one-way transportation in commerce of infectious substances other than Risk Group 4 in specially designed packaging (freezers). (mode 1) EE 14583-N Matheson Tri-Gas, Parsippany, NJ 49 CFR 173.3(d) To authorize the one-time, one-way transportation in commerce of a leaking DOT 3AA specification cylinder containing dichlorosilane overpacked in a salvage cylinder. (modes 1, 3) MODIFICATION SPECIAL PERMIT WITHDRAWN 11650-M Autoliv ASP, Inc., Ogden, UT 49 CFR 173.301; 173.302; 178.65-9 To modify the special permit to allow a failure to occur at a gage pressure less than 2.0 times the test pressure as provided by 49 CFR 178.65(f)(2)(i) or the pressure required to demonstrate a 1.5 times Safety Factor per the USCAR specifications. 10698-M Worthington Cylinders-Wisconsin, Chilton, WI 49 CFR 173.304(a)(2); 178.50 To modify the special permit to authorize charging of the cylinders with an additional Division 2.2 gas. 14172-M PHMSA-20906 Pacific Bio-Material Management, Inc., d/b/a/ Pacific Scientific Transport, Fresno, CA 49 CFR 173.196 and 173.199 To modify the special permit to authorize additional customers outside of the current radius specified in the permit, to allow more than two freezers on each dedicated transport vehicle and to authorize more than seven shipments per year. 5022-M Alliant Techsystems, Inc., Elkton, MD 49 CFR 174.101(L); 174.104(d); 174.112(a); 177.834(1)(1) To modify the special permit to authorize the transportation in commerce of additional Division 1.2 hazardous materials. NEW SPECIAL PERMIT WITHDRAWN 14408-N PHMSA-25996 TOTAL Petrochemicals USA Inc., Pasadena, TX 49 CFR 173.242; 178.245-1(c); 178.245-1(d)

(4)To authorize the transportation in commerce of a non-DOT specification portable tank comparable to a specification DOT 51 portable tank equipped with bottom outlet and no internal shutoff valve for use in transporting various hazardous materials classed in Division 4.2 and 4.3. (modes 1, 3) 14420-N PHMSA-26306 Garden State Tobacco d/b/a H.J. Bailey Co., Neptune, NJ 49 CFR 173.186(c) To authorize the transportation in commerce of strike anywhere matches in non-DOT specification packages not exceeding 50 pounds each by private motor carrier not subject to the Hazardous Materials Regulations, except for marking. (mode 1) 14438-N PHMSA-26550 Matheson Tri-Gas, Parsippany, NJ 49 CFR 173.301(h) and 173.40 To authorize the transportation in commerce of certain DOT 3A and 3AA cylinders containing Division 2.1, 2.2 and 2.3 hazardous materials that have developed a leak and been capped with a special sealing device. (modes 1, 2, 3) 14468-N PHMSA-27188 REC Advanced Silicon Materials LLC, Butte, MT 49 CFR 173.301(f) To authorize the transportation in commerce of certain cylinders containing Silane, compressed with a capacity over 50 L with a single relief device rather than one at each end. (modes 1, 2, 3) 14473-N PHMSA-27189 Weatherford International, Fort Worth, TX 49 CFR 173.302a and 173.304a To authorize the manufacture, marking, sale and use of a non-DOT specification cylinder similar to a DOT Specification 3A cylinder for use in the oil well sampling industry. (modes 1, 2, 3, 4) 14529-N PHMSA-28526 EnviroClean Management Services, Inc., Dallas, TX 49 CFR 172.301(c); 173.197(d) To authorize the transportation in commerce of regulated medical waste in containers that are not leak-proof per 173.197(d). (mode 1) EMERGENCY SPECIAL PERMIT WITHDRAWN EE 11109-M Northland Services, Inc., Seattle, WA 49 CFR 176.170(b) To modify the special permit to authorize transportation of Division 5.1 materials. (mode 3) EE 14446-N Matheson-Tri Gas, Parsippany, NJ 49 CFR 173.301(1) To authorize the transportation in commerce of 196, new foreign-manufactured cylinders, not previously filled, but hydro-tested at the time of manufacture, to be permitted to be filled for the first time without an additional hydrostatic test, as required in 49 CFR 173.301(1). (modes 1, 3) EE 14521-N World Asia Logistics, Inc., Los Angeles, CA 49 CFR 172.101 Column

(9B)To authorize the transportation in commerce of Hydrogen bromide, anhydrous by cargo aircraft. (mode 4) DENIED 11911-M Request by Transfer Flow, Inc Chico, CA December 27,2006. To modify the special permit to authorize quick connect hoses which would contain hazardous material when disconnected. 10945-M Request by Structural Composites Industries Pomona, CA October 05, 2006. To modify the special permit to authorize retest markings to be applied to the cylinder neck. 12412-M Request by ChemStation International Lima, OH March 16, 2007. To modify the special permit to allow the attendance requirements in 49 CFR 177.837(d) for Class 8 materials described as “Compounds, cleaning liquid.” 12574-M Request by Weldship Corporation Bethlehem, PA July 02, 2007. To modify the special permit to authorize the transportation in commerce of all hazardous materials currently authorized in DOT specification 107A seamless steel tank cars. 12283-M Request by Interstate Battery of Alaska Anchorage, AK June 08, 2007. To modify the special permit to authorize the round trip transportation in commerce of batteries within the State of Alaska. 11911-M Request by Transfer Flow, Inc Chico, CA July 17, 2007. To modify the special permit to allow an increase in the size of refueling tanks from 100 gallons to 300 gallons and to allow hoses to be attached to discharge outlets during transportation. 12274-M Request by Snow Peak, Inc Clackamas, OR July 19, 2007. To modify the special permit to authorize larger non-DOT specification nonrefillable inside containers. 14447-M Request by California Tank Lines, Inc. Stockton, CA July 19, 2007. To modify the special permit to authorize the unloading of DOT Specification MC 330 and 331 while the hose is still attached. 14282-M Request by Dyno Nobel, Inc. Salt Lake City, UT August 07, 2007. To modify the special permit to authorize the transportation in commerce of additional Division 3 and 5.1 materials. 11579-M Request by Senex Explosives, Inc. Cuddy, PA September 27, 2007. To modify the special permit to authorize the transportation of additional Class 3 materials and the use of several DOT specification and non-DOT specification bulk packagings. 14397-N Request by UltraCell Corporation Livermore, CA April 05, 2007. To authorize the transportation in commerce of up to 250 milliliters of a 70% methanol/water solution in non-DOT specification combination packaging not subject to the Hazardous Materials Regulations. 14406-N Request by Equa-Chlor Longview, WA November 08, 2006. To authorize the transportation in commerce of a DOT specification 105J600W tank car having a gross weight on rail of 286,000 pounds, for use in transportation of chlorine, Division 2.3, Poison-Inhalation Hazard/Zone B. 14423-N Request by Accutest Laboratories Dayton, NJ May 08, 2007. To authorize the transportation in commerce of Nitric acid other than red fuming with 50% or less nitric acid as small quantities under the provision of 49 CFR 173.4. 14430-N Request by Prometheus International, Inc. Commerce, CA December 19, 2006. To authorize the transportation of a gas fuel tank for a lighter packaged in a special travel container in checked luggage on commercial passenger aircraft. 14448-N Request by UltraCell Corporation Livermore, CA April 10, 2007. To authorize passengers on aircraft to carry on fuel cells and spare cartridges as unregulated. 14449-N Request by Applied Companies Valencia, CA April 05, 2007. To authorize the manufacture, marking, sale and use of non-DOT specification cylinder similar to a DOT 4D for the transportation of nitrogen and carbon dioxide. 14470-N Request by Marsulex, Inc. Springfield, OR August 31, 2007. To authorize the transportation in commerce of certain hazardous materials by rail when the unloader does not secure access to the track as required by 49 CFR 174.67(a)(3). 14481-N Request by Transload of North America Middlesex, NJ August 02, 2007. To authorize the transportation in commerce of Class 9 solid hazardous waste in non-DOT Specification FIBCs. 14499-N Request by Optimus International AB, September 10, 2007. To authorize the manufacture, marking, sale and use of non-DOT specification, nonrefillable inside containers similar to DOT-2P for certain Division 2.1 flammable gases. 14515-N Request by STAKO, September 12, 2007. To authorize the manufacture, marking and sell of non-DOT specification fiber reinforced plastic cylinders built to DOT FRP-1 standard for use in transporting various flammable and non-flammable gases. 14535-N Request by Environmental Packaging Technologies Houston, TX October 05, 2007. To authorize the transportation in commerce of certain hazardous materials with a vapor pressure of 150 kPa at 55°C in intermediate bulk containers. 14409-N Request by Velsicol Chemical Corporation Rosemont, IL November 20, 2006. To authorize the transportation in commerce of a DOT-specification portable tank containing hexachlorocyclopentadiene, Division 6.1, Hazard Zone B by vessel which is not loaded to a filling density between 20% and 80% capacity. 14433-N Request by Cymer, LLC Decatur, TN November 22, 2006. To authorize the transportation in commerce of toxic by inhalation hazard liquids in combination packagings that have not had the required leakproof and hydrostatic testing. S.P No. S.P No. Applicant Regulation(s) Nature of special permit thereof 11579-M Dyno Nobel, Inc., Salt Lake City, UT 49 CFR 177.848(e)(2); 177.848(g)(3) To modify the special permit to authorize an additional packaging configuration for the transportation of Division 1.4, 1.5, & Combustible materials in DOT Specification and non-DOT specification bulk packagings. 14401-N PHMSA-25936 Ultra Electronics, Braintree, MA 49 CFR 173.56 To authorize the transportation of thermal batteries installed in equipment as not subject to the Hazardous Materials Regulations. (modes 1, 3, 4) 14444-N PHMSA-26548 The Boeing Company, St. Louis, MO 49 CFR 173.60 To authorize the transportation in commerce of a Division 1.3J explosive in non-DOT specification packaging by motor vehicle. (mode 1) 14511-N PHMSA-28185 JACAM Chemicals, L.L.C., Sterling, KS 49 CFR 173.202, 173.203, 173.241 and 173.242 To authorize the manufacture, mark and sale of non-specification 60-gallon portable metal tanks designed and constructed in accordance with DOT Specification 57, with certain exceptions, for use in transporting Class 3 (flammable) and Class 8 (corrosive) hazardous materials by highway. (mode 1) EE 14386-N Environmental Protection Agency, Edison, NJ 49 CFR parts 100-185 To authorize the transportation in commerce of hazardous materials used to support the recovery relief efforts within the flood disaster areas as not subject to the Hazardous Materials Regulations. [FR Doc. 07-5079 Filed 10-15-07; 8:45 am]

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