Notices. Notice of availability

45,097 words·~205 min read·/register/2008/01/04/07-6300

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

BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Availability and Public Open House Announcement for the Draft Environmental Impact Statement for Proposed Construction, Operation, and Maintenance of Tactical Infrastructure, U.S. Border Patrol, San Diego Sector, CA AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of availability. SUMMARY: Pursuant to the National Environmental Policy Act of 1969 (NEPA), U.S. Customs and Border Protection

(CBP)has prepared a Draft Environmental Impact Statement

(EIS)identifying and assessing the potential impacts associated with the proposed construction, operation, and maintenance of tactical infrastructure, to include a primary pedestrian fence, supporting patrol roads, and other infrastructure in two distinct sections along the U.S./Mexico international border within CBP's San Diego Border Patrol Sector. The two fence sections would be approximately 0.8 miles and 3.6 miles in length. Newly constructed access and patrol roads to support each fence section would be 0.8 miles and 5.2 miles respectively. This **Federal Register** notice announces the availability of and invites public comments on the draft EIS. This document also announces a public open house on the Draft EIS. DATES: The Draft EIS will be available for public review and comment for a period of 45 days beginning January 4, 2008. Comments must be received by February 19, 2008. The public open house will be held on January 17, 2008, at the San Diego Convention Center in San Diego, CA. The public open house will be held from 4:30 p.m. to 8 p.m. Please refer to the SUPPLEMENTARY INFORMATION section below for more information. ADDRESSES: Copies of the Draft EIS can be downloaded from the Internet by visiting *http://www.BorderFenceNEPA.com* , or *https://ecso.swf.usace.army.mil/Pages/Publicreview.cfm* , or requested by e-mailing: *information@BorderFenceNEPA.com.* To request a hard copy of the Draft EIS, you may call toll-free

(877)752-0420. Alternatively, written requests for information may be submitted to: Charles McGregor, U.S. Army Corps of Engineers, Engineering and Construction Support Office, 819 Taylor St., Room 3B10, Fort Worth, Texas 76102; fax:

(757)257-7643. Hard copies of the Draft EIS can be reviewed at the Chula Vista Public Library (365 F Street, Chula Vista, CA 91910,

(619)691-5069); San Diego Central Library (820 E St., San Diego, CA 92101,

(619)236-5800); and San Diego Otay Mesa-Nestor Branch Library (3003 Coronado Ave., San Diego, CA 92154,

(619)424-0474). The public open house will be held on January 17, 2008, at the San Diego Convention Center, located at 111 W. Harbor Dr., San Diego, CA 92101. FOR FURTHER INFORMATION CONTACT: Charles McGregor, U.S. Army Corps of Engineers, Engineering and Construction Support Office, 819 Taylor St., Room 3B10, Fort Worth, Texas 76102; and fax:

(757)257-7643. SUPPLEMENTARY INFORMATION: Background On September 24, 2007, U.S. Customs and Border Protection

(CBP)published in the **Federal Register** (72 FR 54277) a Notice of Intent to prepare an EIS to identify and assess the potential impacts associated with the construction, operation, and maintenance of tactical infrastructure, to include a primary pedestrian fence, supporting patrol roads, and other infrastructure in two distinct sections along the U.S./Mexico international border within CBP's San Diego Border Patrol Sector (Proposed Action). The EIS complies with NEPA, the Council on Environmental Quality regulations in 40 CFR Parts 1500-1508, and Department of Homeland Security

(DHS)Management Directive 5100.1, *Environmental Planning Program* . The mission of CBP is to prevent terrorists and terrorist weapons from entering the U.S., while also facilitating the flow of legitimate trade and travel. In supporting CBP's mission, the Border Patrol is charged with establishing and maintaining effective control of the U.S. border between ports of entry. The purpose of the Proposed Action is to provide Border Patrol agents with the tools necessary to strengthen their control of the U.S. border between ports of entry in the San Diego Sector. The Proposed Action also provides a safer work environment and enables Border Patrol agents to enhance response time. The Proposed Action would consist of constructing a primary pedestrian fence, patrol roads, access roads, and other infrastructure in two sections. The first proposed section would be approximately 3.6 miles in length and would start at Puebla Tree and end at Boundary Monument 250. A newly constructed access and patrol road to support the fence section would be 5.2 miles in length. The first proposed section would be adjacent to and on the Otay Mountain Wilderness (OMW), and would follow the U.S./Mexico international border where topography allows, deviating from the border to follow a newly constructed access road where conditions warrant, such as descent to canyon bottoms. The OMW is on public lands administered by the Bureau of Land Management (BLM). The second proposed section would be approximately 0.8 miles in length and would connect with existing border fence west of Tecate, California. This fence section would be constructed along the border at the southern base of Tecate Peak. This proposed fence section would encroach on a mix of privately owned land parcels and public land administered by the BLM. Under the No Action Alternative, a proposed tactical infrastructure would not be built and there would be no change in fencing, access roads, or other facilities along the U.S./Mexico international border in the proposed project locations. Public Open House CBP will hold a public open house to provide information and invite comments on the Proposed Action and the Draft EIS. A public open house will be held on January 17, 2008, at the San Diego Convention Center, San Diego, CA 92101. The public open house will be held from 4:30 p.m. to 8 p.m. Border Patrol agents and Draft EIS preparers will be available during the open house. Anyone wishing to submit comments may do so orally or in writing at the open house. Comments received at the open house will be recorded and transcribed into the public record for the open house. Commentors must provide their names and addresses. Spanish language translation will be provided. Those who plan to attend the public open house and will need special assistance, such as sign language interpretation or other reasonable accommodation, should notify the U.S. Army Corps of Engineers (see FOR FURTHER INFORMATION CONTACT ) at least 3 business days in advance. Include contact information, as well as information about specific needs. Those unable to attend may submit comments as described under “Request for Comments” below. Request for Comments CBP requests public participation in the EIS process. The public may participate by attending the public open house and submitting comments on the Draft EIS. CBP will consider all comments submitted during the public comment period, and subsequently will prepare the Final EIS. CBP will announce the availability of the Final EIS and once again give interested parties an opportunity to review the document. When submitting comments, please include name and address, and identify comments as for the San Diego Sector EIS. Please use only one of the following methods:

(a)Attendance and submission of comments at the Public Open House to be held January 17, 2008 at the San Diego Convention Center in San Diego, CA.

(b)Electronically through the Web site at *http://www.BorderFenceNEPA.com.*

(c)*By e-mail to: SDcomments@BorderFenceNEPA.com.*

(d)*By mail to:* San Diego Sector Tactical Infrastructure EIS, c/o e 2 M, 2751 Prosperity Avenue, Suite 200, Fairfax, Virginia 22031.

(e)*By fax to:*

(757)257-7643. Comments on the Draft EIS should be submitted by February 19, 2008. Dated: December 28, 2007. Robert F. Janson, Acting Executive Director, Asset Management, U.S. Customs and Border Protection. [FR Doc. E7-25589 Filed 1-3-08; 10:10 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Notice of Revocation of Customs Broker Licenses AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security. ACTION: General Notice. SUMMARY: Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses are canceled with prejudice. Name License No. Issuing port Henry J. Mandil 20647 New York. H.J.M. International Corp 22892 New York. International Drawback Services, Inc 22735 Houston. Dated: December 21, 2007. Daniel Baldwin, Assistant Commissioner, Office of International Trade. [FR Doc. E7-25611 Filed 1-3-08; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5186-N-01] Federal Property Suitable as Facilities to Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. EFFECTIVE DATE: January 4, 2008. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone

(202)708-1234; TTY number for the hearing- and speech-impaired

(202)708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 court order in *National Coalition for the Homeless* v. *Veterans Administration* , No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week. Dated: December 27, 2007. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. [FR Doc. E7-25558 Filed 1-3-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-080-2005-9141-EJ] Notice of Availability of a Final Environmental Impact Statement for the Chapita Wells—Stagecoach Area (CWSA), Uintah County, UT AGENCY: Bureau of Land Management, Interior. ACTION: Notice of availability. SUMMARY: In accordance with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321 *et seq.* ) and the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 *et seq.* ), the Bureau of Land Management

(BLM)has prepared a Final Environmental Impact Statement

(FEIS)for the Chapita Wells—Stagecoach Area, Uintah County, Utah. DATES: The 30-day public availability period will begin on the date the Environmental Protection Agency

(EPA)publishes its Notice of Availability

(NOA)in the **Federal Register** . To assure that public comments will be considered, the BLM must receive written comments on the FEIS on or before the end of the comment period at the address listed below. FOR FURTHER INFORMATION CONTACT: Stephanie Howard, Project Manager, BLM Vernal Field Office, 170 South 500 East, Vernal, UT 84078. Ms. Howard may also be reached at 435-781-4400. ADDRESSES: Comments on the FEIS may be submitted by any of the following methods: • *Mail:* Bureau of Land Management, Vernal Field Office, 170 South 500 East, Vernal, Utah 84078. • *E-mail: UT_Vernal_Comments@blm.gov.* • *Fax:*

(435)781-4410. Please reference the CWSA when submitting your comments. Comments and information submitted on the FEIS for the CWSA, Uintah County, Utah, including names, e-mail addresses, and street addresses of respondents, will be available for public review at the Vernal Field Office address listed above. The BLM will not accept anonymous comments. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. SUPPLEMENTARY INFORMATION: The CWSA involves approximately 31,872 acres located in Townships 8 to 10 South, Ranges 22 and 23 East, Salt Lake Base Meridian, about 30 miles south of Vernal, in Uintah County, Utah. Approximately 22,693 acres (71%) of surface and mineral estate are administered by the BLM; approximately 6,577 acres (21%) are owned by the Ute Tribe and/or its allottees and administered by the BIA; approximately 1,914 acres (6%) are administered by the State of Utah's School and Institutional Trust Lands Administration (SITLA); and the remaining 688 acres (2%) are privately owned. The CWSA encompasses an already developed oil and gas field. As of March 2004, the CWSA contained approximately 325 existing gas wells. Also, about 121 miles of roads and 115 miles of pipeline have been constructed within the region. A Notice of Intent

(NOI)to prepare the EIS was published in the **Federal Register** on October 1, 2004, which announced the beginning of the scoping period. Nine scoping letters were received from agencies and organizations during the scoping period. The scoping comments were taken into account during the drafting of the EIS. A summary of the scoping comments can be found in section 1.6 of the FEIS. A NOA for the Draft EIS was published in the **Federal Register** on January 20, 2006. During the public comment period, eight comment letters were received from various agencies and organizations. Comments received on the Draft EIS, and the responses to those comments, are found in Chapter 6 of the FEIS. The FEIS analyzes the effects of a natural gas and oil development scenario within the CWSA that is conceptual in nature. The final location of well pads, roads, and pipelines will be determined through future site-specific assessments required for each facility. Any additional environmental analyses will be tiered to this FEIS. The FEIS analyzes the impacts of the Proposed Action and the No Action Alternative. The following is a summary of the alternatives: *Alternative A—Proposed Action (BLM's preferred alternative):* The proposed action includes up to 627 natural gas wells, about 99.5 miles of new roads and 104.5 miles of pipelines, and 5,000 hp of compression. EOG Resources Inc. proposes to drill 627 wells at the rate of 90 wells per year over a period of seven years, or until the resource base is fully developed. Of this total number, 473 wells would be drilled at new locations and 154 wells would be twin wells. In all, approximately 1,735 acres, or 5% of the total project area, would be disturbed by the proposal. The Proposed Action incorporates standard operating procedures and applicant-committed best management practices currently employed on BLM-administered public lands in the Uintah Basin that mitigate impacts to the environment. *Alternative B—No Action:* Oil and gas development on Federal lands proposed under Alternative A would not be implemented. However development would continue to occur under Applications for Permits to Drill

(APDs)previously approved by the BLM based upon other NEPA documents. Development would also continue on non-Federal lands. An additional 148 wells would be drilled on 20-acre and 40-acre spacing patterns (91 new wells and 57 twin wells). Seven additional alternatives were considered but eliminated from detailed analysis because of technical or economical reasons, because of their resource impact, or because they did not meet the purpose and need of BLM's proposed action. Copies of the FEIS for the CWSA have been sent to Federal, State, and local government agencies, and to parties who commented during the public comment period. William Stringer, Field Office Manager. [FR Doc. E7-25585 Filed 1-3-08; 8:45 am] BILLING CODE 4310-DQ-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT-080-2003-0369V] Notice of Availability of a Final Environmental Impact Statement for the Greater Deadman Bench Region, Uintah County, UT AGENCY: Bureau of Land Management, Interior. ACTION: Notice of availability. SUMMARY: In accordance with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321 *et seq.* ) and the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 *et seq.* ), the Bureau of Land Management

(BLM)has prepared a Final Environmental Impact Statement

(FEIS)for the Greater Deadman Bench Region, Uintah County, Utah. DATES: The 30-day public availability period will begin on the date the Environmental Protection Agency

(EPA)publishes its Notice of Availability

(435)781-4480. Please reference the QEP GDBR when submitting your comments. Comments and information submitted on the FEIS for the Greater Deadman Bench Region, Uintah County, Utah, including names, e-mail addresses, and street addresses of respondents, will be available for public review at the Vernal Field Office address listed above. The BLM will not accept anonymous comments. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. SUPPLEMENTARY INFORMATION: The Greater Deadman Bench Region involves approximately 98,785 acres located in Townships 6-8 South, Ranges 21-25 East, Salt Lake Base Meridian, about 20 miles south of Vernal, in Uintah County, Utah. Approximately 83,860 acres (85%) of surface and mineral estate are administered by the BLM; approximately 11,440 acres (12%) are administered by the State of Utah's School and Institutional Trust Lands Administration (SITLA); and the remaining 3,470 acres (4%) consist of various privately owned surface and mineral estate lands. The Greater Deadman Bench Region encompasses an already developed oil and gas field. At the time of the initiation of the EIS process (in 2003), the Greater Deadman Bench Region contained approximately 278 existing oil or water-injection wells, and 300 gas wells. Also, about 57 miles of primary roads and 314 miles of secondary roads have been constructed within the region. A Notice of Intent

(NOI)to prepare the EIS was published in the **Federal Register** on December 19, 2003, which announced the beginning of the scoping period. Eleven scoping letters were received from agencies, organizations, and individuals during the scoping period. The scoping comments were taken into account during the drafting of the EIS. A summary of the scoping comments can be found in section 1.6 of the FEIS. A NOA for the Draft EIS was published in the **Federal Register** on February 10, 2006. During the public comment period seven comment letters were received from various agencies and organizations. Comments received on the Draft EIS, and the responses to those comments, are found in Chapter 6 of the FEIS. The FEIS analyzes the effects of a natural gas and oil development scenario within the Greater Deadman Bench Region that is conceptual in nature. The final location of well pads, roads, and pipelines would be determined through future site-specific assessments required for each facility. Questar Exploration Production

(QEP)proposes to drill 1,239 wells at the rate of 100-120 wells per year over a period of 10 years, or until the resource base is fully developed. Of this total number, 891 wells would be drilled at new locations and 348 wells would be drilled from existing well pads. Any additional environmental analyses will tier to this EIS. The FEIS analyzes the impacts of the Proposed Action and the No Action Alternative. The following is a summary of the alternatives: *Alternative A—Proposed Action (BLM's preferred alternative):* Up to 1,020 natural gas and 219 oil wells would be drilled. About 170 miles of new roads and 235 miles of pipelines, 31 miles of power lines, 22 new central tank facilities and 15 new gas compressor stations would be constructed to support this proposed development. In all, approximately 4,561 acres, or 5% of the total project area, would be disturbed by the proposal. The Proposed Action incorporates standard operating procedures and applicant-committed best management practices currently employed on BLM-administered public lands in the Uinta Basin that mitigate impacts to the environment. *Alternative B—No Action:* Oil and gas development on Federal lands under Alternative A would not be implemented. However some level of development would continue to occur under Applications for Permits to Drill

(APDs)previously approved by the BLM based upon other NEPA documents. An additional 130 wells would be located on land managed by the State of Utah and private leases. Eight additional alternatives were considered but eliminated from detailed analysis. These alternatives included: No development, suspension of operations, exchange of leases, full-field directional drilling, conventional oil and gas plan development, Best Management Practices (BMP), phased development, and minimum setback distances. These alternatives were eliminated from detailed analysis because of technical or economical reasons, because of their resource impact, or because they did not meet the purpose and need of BLM's proposed action. Copies of the FEIS for the Greater Deadman Bench Region have been sent to Federal, State, and local government agencies, and to parties who commented during the public comment period. Howard Cleavinger, Acting Field Office Manager. [FR Doc. E7-25578 Filed 1-3-08; 8:45 am] BILLING CODE 4310-DQ-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-030-07-1610-DQ] Notice of Availability of the Rawlins Proposed Resource Management Plan and Final Environmental Impact Statement, Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice of availability. SUMMARY: In accordance with the National Environmental Policy Act of 1969

(NEPA)and the Federal Land Policy and Management Act of 1976 (FLPMA), the Bureau of Land Management

(BLM)and its cooperating agencies, have prepared a Proposed Resources Management Plan and Final Environmental Impact Statement (PRMP/EIS) for the Rawlins Field Office for public review. DATES: The BLM Planning regulations set forth the provisions applicable to protests (43 Code of Federal Regulations

(CFR)1610.5-2). A person who meets the conditions as described in the regulations cited above, and who wishes to file a protest, must file said protest within 30 days of the date this notice is published in the **Federal Register** . Additional information on protests is set forth in the Dear Reader letter of the Rawlins PRMP/EIS and in the SUPPLMENTARY INFORMATION section of this notice. To ensure compliance with the protest regulations, please consult the BLM's Planning regulations at 43 CFR 1610.5-2. ADDRESSES: A copy of the PRMP/FEIS has been sent to affected Federal, State, and local government agencies and to interested parties. The document will be available electronically at the following Rawlins RMP revision Web site: *http://www.blm.gov/rmp/wy/rawlins* . Copies of the PRMP/FEIS will be available for public inspection at the following locations: • Bureau of Land Management, Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82003. • Bureau of Land Management, Rawlins Field Office, 1300 N. Third Street, Rawlins, Wyoming 82301. FOR FURTHER INFORMATION CONTACT: Mark Storzer, Field Manager, or John Spehar, Rawlins RMP Team Leader, BLM Rawlins Field Office, 1300 N. Third Street, P.O. Box 2407, Rawlins, Wyoming 82301, or by telephone at

(307)328-4200. SUPPLEMENTARY INFORMATION: The Rawlins Field Office planning area includes all of the public land and Federal mineral ownership in Laramie, Albany, Carbon, and eastern Sweetwater Counties, Wyoming. The area includes approximately 3.5 million acres of BLM-administered surface lands and 4.5 million acres of Federal mineral lands under Federal, State, and private surface. The Draft RMP/Draft EIS was made available for public review for a 90-day period on December 12, 2004. The Draft RMP/Draft EIS described and analyzed 4 alternatives for the management of the public lands and resources, including the Federal mineral estate administered by the BLM Rawlins Field Office: *Alternative 1 (No Action):* Continues to balance the use and development of resources under current management guidance; *Alternative 2:* Provides development and use opportunities while minimizing adverse impacts to cultural and natural resources; *Alternative 3:* Focuses on greater conservation of natural and cultural resources while providing for compatible development and use; and *Alternative 4:* (Agency Preferred Alternative): Provides development opportunities while protecting sensitive resources. *The key issues addressed by the alternatives are:*

(1)Development of energy resources and minerals;

(2)special management designations;

(3)public access and transportation planning;

(4)wildland-urban interface;

(5)management of special status species;

(6)water quality;

(7)vegetation management;

(8)recreation activities; and

(9)cultural resources management. The Draft RMP/Draft EIS includes recommendations regarding Areas of Critical Environmental Concern (ACECs). While the Draft RMP/Draft EIS fully documents the ACECs considered, to ensure that BLM provided the public with the required 60-day comment and review period as required by 43 CFR 1610.7-2, the BLM published a notice of supplemental information describing the proposed ACECs and associated values and use limitations in the **Federal Register** June 5, 2007. Comments received on the Draft RMP/Draft EIS from the public and internal BLM review comments were incorporated into the proposed plan. Public comments resulted in the addition of clarifying text but did not significantly change proposed land use decisions. After careful consideration of both public and internal comments received on the Draft RMP/Draft EIS, adjustments and clarifications have been made to Alternative 4, the Preferred Alternative. As modified, Alternative 4 is now presented as the Proposed Rawlins RMP in the Final EIS. The Proposed Rawlins RMP would provide comprehensive, long-range decisions for the use and management of resources in the planning area administered by the BLM and focus on the principles of multiple use and sustained yield. As noted above, instructions for filing a protest with the Director of the BLM regarding the PRMP/EIS may be found at 43 CFR 1610.5-2. Electronic mail and facsimile protests will be considered only if the protesting party provides BLM with the original letter by either regular or overnight mail postmarked by the close of the protest period. Under those conditions, the BLM will consider the electronic or facsimile version as an advance copy and it will receive full consideration. If you wish to provide the BLM with such advance notification, please direct faxed protests to the attention of the BLM protest coordinator at

(202)452-5112, and e-mails to *Brenda_Hudgens-Williams@blm.gov* . All protests must be in writing and mailed to one of the following addresses: Regular Mail: Overnight Mail: Director

(210)Director

(210)*Attention:* Brenda Williams *Attention:* Brenda Williams P.O. Box 66538 1620 L Street, NW., Suite 1075 Washington, DC 20036 Washington, DC 20036 Before including your address, phone number, e-mail address, or other personal identifying information in your protest, you should be aware that your entire protest—including your personal identifying information—may be made publicly available at any time. While you can ask us in your protest to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Donald A. Simpson, Associate State Director. [FR Doc. E7-25577 Filed 1-3-08; 8:45 am] BILLING CODE 4310-22-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-622] In the Matter of Certain Base Plugs; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 19, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Anchor Sports I, Inc. of Richardson, Texas. A supplement to the complaint was filed on December 10, 2007. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain base plugs by reason of infringement of certain claims of U.S. Patent No. 6,142,882. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint, as supplemented, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov* . FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone

(202)205-2571. *Authority:* The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on December 17, 2007, *ordered that—*

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain base plugs by reason of infringement of one or more of claims 1, 2, 5, 10, 14, and 15 of U.S. Patent No. 6,142,882, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainant is— Anchor Sports I, Inc., 801 East Campbell Road, Suite 638, Richardson, Texas 75081.

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Schutt Sports, Inc., 606 North State Street, Litchfield, Illinois 62056. East Texas Sports Center, Inc., 310 N. Washington, Marshall, Texas 75670.

(c)The Commission investigative attorney, party to this investigation, is Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and

(3)For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: December 19, 2007. By order of the Commission. Marilyn R. Abbott, Secretary of the Commission. [FR Doc. E7-25631 Filed 1-3-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [ Inv. No. 337-TA-626] In the Matter of Certain Noise Cancelling Headphones; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 29, 2007 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Bose Corporation of Framingham, Massachusetts. A letter supplementing the complaint was filed on December 20, 2007. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain noise cancelling headphones by reason of infringement of certain claims of U.S. Patent Nos. 5,181,252 and 6,597,792. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint and supplement, except for any confidential information contained therein, are available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone

(202)205-2575. *Authority:* The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2007). *Scope of Investigation:* Having considered the complaint, the U.S. International Trade Commission, on December 26, 2007, ordered that—

(1)Pursuant to subsection

(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain noise cancelling headphones by reason of infringement of one or more of claims 1, 2, and 5 of U.S. Patent No. 5,181,252 and claims 1 and 2 of U.S. Patent No. 6,597,792, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(a)The complainant is—Bose Corporation, 100 The Mountain Road, Framingham, Massachusetts 01701.

(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Phitek Systems Limited, Level 4, Axon Building, 2 Kingdom Street, Newmarket, Auckland, New Zealand. Phitek Systems Limited, 3049 Summerhill Court, San Jose, California 95148. GN Netcom, Inc., 77 Northeastern Boulevard, Nashua, New Hampshire 03062. Audio Technica U.S., Inc., 1221 Commerce Drive, Stow, Ohio 44224. Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, California 95035. Logitech Inc., 6505 Kaiser Drive, Fremont, California 94555. Panasonic Corporation of North America, One Panasonic Way, Secaucus, New Jersey 07094.

(c)The Commission investigative attorney, party to this investigation, is T. Spence Chubb, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and

(CFDA)Number: 17.265 DATES: The closing date for receipt of applications under this announcement is by 5 p.m. eastern standard time (EST). Application and submission information is explained in detail in Part IV of this Solicitation for Grant Applications (SGA). SUMMARY: The United States (U.S.) Department of Labor (DOL or the Department), Employment and Training Administration (ETA), announces the availability of competitive grant funds to provide employment and training services to Indians, Alaska Natives and Native Hawaiians under Section 166 of the Workforce Investment Act

(WIA)for Program Years

(PY)2008 and 2009 (July 1, 2008 through June 30, 2010). Competition for section 166 grants is conducted every two years, except that the Secretary may waive the requirement for such competition for current grantees that have performed satisfactorily. Through this Notice, the Department announces that the Secretary has waived competition for this solicitation for grantees that have performed satisfactorily under their current grant. See Attachment A for a list of grantees receiving waivers. Grantees that receive waivers from competition only need to submit a cover letter, signed by an authorized signatory, and a Standard Form

(SF)424 Application for Federal Assistance (Version 02). These documents will serve as the grantee's “Notice of Intent”

(NOI)to continue providing WIA § 166 services. The Secretary has also waived competition for this solicitation for those grantees operating a WIA § 166 training and employment program as part of a Public Law 102-477 Demonstration Project, which allows Federally-recognized tribes, or entities serving Federally-recognized tribes, to consolidate formula-funded employment, training, and related dollars under a single service plan administered by the Department of the Interior (DOI). See Attachment B for a list of Public Law 102-477 grantees. Grantees operating a WIA § 166 grant as part of a Public Law 102-477 Demonstration Project only need to submit a cover letter, signed by an authorized signatory, and a Standard Form

(SF)424 Application for Federal Assistance (Version 02). These documents will serve as the Public Law 102-477 grantee's NOI to continue providing WIA § 166 services. Competition for funding under this solicitation is limited to the geographic areas listed in Attachment C of this SGA. Any eligible entity, including new applicants and current grant recipients, may apply for funding to serve these areas. Current grantees serving these geographic areas are subject to competition and must submit a grant application as specified in Part IV

(B)in order to compete for their existing service area. *Important:* Organizations seeking WIA § 166 funding for this period must comply with the provisions of this SGA. Late applications from current grantees or new applicants will not be considered for those geographic service areas that are in competition (as listed in Attachment C). A list of current grantees and the geographic areas they serve can be found at: *http://www.doleta.gov/dinap/cfml/CensusData.cfm.* ADDRESSES: Applications must be sent to: U.S. Department of Labor, ETA, Room N-4716, 200 Constitution Avenue, NW., Washington, DC 20210, Attention: James Stockton. Applicants are advised that mail delivery in the Washington, DC area may be delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. Applications submitted via facsimile

(fax)machine will not be accepted. SUPPLEMENTARY INFORMATION: This solicitation consists of eight parts and three attachments: • Part I provides the funding description and background information. • Part II describes the size and nature of the anticipated awards. • Part III describes eligible applicants and other grant specifications. • Part IV provides information on the application and submission process. • Part V describes the criteria against which applications will be reviewed and evaluated, and explains the proposal review process. • Part VI provides award administration information. • Part VII contains DOL agency contact information. • Part VIII lists additional resources of interest to applicants. • Attachment A lists grantees receiving waivers. • Attachment B lists Public Law 102-477 grantees receiving waivers. • Attachment C lists grantees that did not receive a waiver and areas/counties open for competition and associated funding amounts. I. Funding Opportunity Description Section 166 of WIA is to make funds available to Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, and Native Hawaiian organizations to support employment and training activities in order to:

(1)Develop more fully the academic, occupational, and literacy skills of Indian, Alaska Natives, and Native Hawaiian individuals;

(2)Make Indian, Alaska Natives, and Native Hawaiian individuals more competitive in the workforce;

(3)Promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities; and

(4)Help Indian, Alaska Natives, and Native Hawaiian individuals achieve personal and economic self-sufficiency. Requirements for WIA § 166 programs are set forth in WIA § 166 (29 U.S.C. 2911) and its regulations, found at 20 CFR part 668, published at 65 FR 49294, 49435 August 11, 2000. A. Background on the Workforce Investment Act (WIA), Section 166 Grants (Also Known as Indian and Native American Grants or INA Grants): The Department's Office of ETA has awarded employment and training grants to Indian tribes, urban Indian centers, and other nonprofit organizations serving Indians, Alaska Natives, and Native Hawaiians for over 30 years. These grants have been authorized under various forms of legislation such as the Job Training Partnership Act

(JTPA)enacted in 1982, and its predecessor, the Comprehensive Employment and Training Act

(CETA)enacted in 1973. While WIA maintains most of the core program values that existed in previous laws, it also establishes key reforms that are applicable to Native American programs. One of the key reforms under WIA is the emphasis on the coordination of Federally funded job training programs. The mechanism used to coordinate these various job training programs is the One-Stop delivery system. Under WIA, the Native American Section 166 program is a required partner in the One-Stop delivery system. As such, grantees must execute a Memorandum of Understanding

(MOU)with the local workforce investment board that identifies the role of the INA grantee in the One-Stop center. It is important that Section 166 grantees coordinate with their local One-Stop service provider(s). Applicants to this SGA should also be aware of ETA's move towards results-oriented employment and training programs. In order to better measure performance, ETA has established common measures for all ETA programs. Listed below are the adult performance outcomes that Section 166 grants are measured by: • Entered Employment. • Employment Retention. • Average Earnings. Applicants which receive supplemental youth funds will be measured by the following criteria: • Number of Youth Placed in Unsubsidized Employment. • Number of Youth Placed in Post Secondary Education. • Number of Youth Attained a High School Diploma or Equivalent. • Number of Youth Returned to Secondary School Full-Time. Additional information on performance measures can be found in ETA's Training and Employment Guidance Letter

(TEGL)No. 17-05 (February 17, 2006), which can be found at: *http://wdr.doleta.gov/directives/attach/TEGL17-05.pdf.* B. Waivers As indicated in the Summary above, the Secretary has the authority to grant waivers from competition to grantees that have performed satisfactorily under their current grant. Incumbent grantees that have performed satisfactorily, both programmatically and administratively, under the last two grant cycles will receive a waiver from competition for the PY 2008-2009 designation period funded under this notice. However, if the Department has found that the grantee serving a geographic area has failed to perform satisfactorily, that geographic area will be placed in competition, UNLESS the grantee is serving a geographic area over which it has legal jurisdiction.

(1)Criteria for Determining Waivers The Department will consider the following factors when determining waivers from competition:

(a)Program performance measures.

(b)The responsibility review criteria contained in 20 CFR 667.170.

(c)The factors related to ability to administer funds in 20 CFR 668.220 and 668.230. The process for determining waivers from competition is independent of the responsibility review and ability to administer funds processes and a deficiency need not rise to the level necessary to support a finding of “not responsible” or “not able to administer” in order to be considered relevant to the waiver determination. Every applicant for assistance, including those receiving priority and those receiving waivers of competition, must undergo a separate determination of its responsibility under 20 CFR 667.170 and its ability to administer funds under 20 CFR 668.220 and 668.230. Grantees that are determined to be “not responsible” as determined by the responsibility review process will not be selected as potential grantees irrespective of the designation processes included in this SGA. For incumbent organizations that failed to qualify for a waiver of competition, the Grant Officer reserves the right to examine the applicant's responsibility pursuant to 20 CFR 667.170 as part of the initial review of grant applications in order to carry out a more efficient selection process. Incumbent organizations that are found nonresponsible or unable to administer funds, including those receiving priority, will not qualify for designation.

(2)Waivers for Federally Recognized Tribes Serving Areas and/or Populations Over Which They Have Legal Jurisdiction The determination regarding whether to deny a waiver required some adjustment with respect to Federally recognized Indian tribes or Alaska Native entities serving geographic areas over which they have legal jurisdiction and a priority for designation under 20 CFR 668.210(a). In these situations, the Department determined that it will provide a waiver to such grantees since the Section 166 regulations provide a priority for designation for Federally recognized Indian tribes and Alaska Native entities (or consortia that include such a tribe or Alaska Native entity) regarding geographic areas and/or populations over which they have legal jurisdiction. The Waiver is limited to those geographic areas over which the tribal grantee has legal jurisdiction as defined by 20 CFR 668.210(a). Those geographic areas which the grantee serves but lacks legal jurisdiction are subject to competition. The Department will address the poor performance of Federally recognized Indian tribes and Alaska Native entities through separate administrative processes. Such processes may include conditional designation or corrective action plans that require tribes and Alaska Native entities to improve performance. Failure to improve performance may result in a tribal and Alaska Native entity losing its designation as a WIA grantee.

(3)Description of Attachments

(a)Attachment A provides a list of current grantees receiving competition waivers (including those tribes and Alaska Native entities that will receive conditional designations).

(b)Attachment B is a list of Public Law 102-477 grantees receiving waivers.

(c)Attachment C lists grantees that did not receive a waiver and areas/counties open for competition and associated funding amounts. If a federally recognized tribe did not receive a waiver from competition, only the service area in which the tribe does not have legal jurisdiction is listed in Attachment C. C. Procedures After Designation Being designated as a Section 166 service provider, either under a waiver or through competition will not automatically result in an immediate award of grant funds. Entities that successfully complete the designation process, including winning any competition(s) for service area(s) that may occur as defined in this SGA, must prepare a two-year Comprehensive Services Program

(CSP)Plan that must be approved by DOL. Instructions for preparation of the CSP Plan will be issued to all designated service providers under separate guidance. After a section 166 designee's CSP Plan is approved by the Department, a grant agreement (“Notice of Obligation” or NOO) must be executed in accordance with 20 CFR 668.292. Each NOO will reflect the amount of Section 166 funds awarded as determined in accordance with 20 CFR 668.296 and 668.440. II. Award Information *Type of assistance instrument:* Funds will be awarded under this solicitation through two-year grants. Exact award amounts will be determined by the Department after designation of service areas and service providers, and once funding appropriations for the grant periods have been made by Congress. The section 166 program is a “formula funded” program that receives an annual appropriation of approximately $54,000,000. For PY 2007, this amount was distributed throughout the U.S. to 180 grantees. The amounts awarded under the CSP (Adult) program in PY 2007 ranged from $15,641 to $5,970,187. The median grant award amount for PY 2007 was $160,426. PY 2007 CSP (adult) award amounts for all section 166 grantees can be found at: *http://wdr.doleta.gov/directives/attach/TEGL/TEGL24-06_Att1.pdf.* *Adult funding:* The amount of funding a grantee will receive for adult services is based on a formula specified at 20 CFR 668.296(b). The CSP (Adult) Funding Formula is as follows: • One-quarter of the funds will be allocated based on the percentage of unemployed Native Americans living in the grantee's designated INA service area (as defined below) compared to the total number of unemployed Native Americans living in the U.S. • Three-quarters of the funds will be allocated based on the percentage of Native Americans living in poverty in the grantee's designated INA service area compared to the total number of Native Americans living in poverty in the U.S. A grantee's designated INA service area is the area identified by the DOL Grant Officer in the grant award in which the grant applicant will operate an employment and training program (usually a county or reservation area). Grant applicants must specify the geographic area(s) they wish to serve in their grant application. ETA uses counties and tribal reservations, Alaska Native villages, and Alaska Native regional corporations to identify areas of service. ETA used data from the 2000 Census to determine the number of Native Americans in poverty and unemployed for each service area. Attachment C identifies the service areas in competition for PY 2008-2009, along with the number of Native Americans in each geographic area who are unemployed, in poverty, or in the youth age bracket and the estimated funding associated with each service area. *Youth funding:* Grant applicants serving reservation areas and grantees serving any area in the State of Oklahoma also receive Supplemental Youth Services

(SYS)program funds. Youth funds are appropriated annually as stated in WIA at § 127(b)(1)(C)(i). Annual appropriations for the SYS program have been between $14,000,000 and $15,000,000, and have been awarded to approximately 136 Native American grantees. The amounts awarded under the SYS program in 2007 ranged from $1,916 to $3,109,199. The median grant award amount for PY 2007 was $36,249. Youth award amounts for all Section 166 grantees can be found at: *http://wdr.doleta.gov/directives/attach/TEGL/TEGL24-06_Att2.pdf.* The amount of youth funding a grantee will receive is based on a formula specified at 20 CFR 668.440. The SYS Funding Formula is as follows: SYS funding will be allocated to grantees serving reservations (or areas in the State of Oklahoma) based on the percentage of Native American Youth between the ages of 14 and 21 living in poverty in the grantee's designated INA service area compared to the number of Native American youth between the ages of 14 and 21 living in poverty on all reservation areas and the State of Oklahoma. *Award amounts available for areas in competition:* Estimated funds to be awarded for those areas in competition are included in Attachment C. III. Eligibility Information A. Eligible Applicants To be eligible for an award of funds under WIA § 166 and this solicitation, an entity must meet all eligibility requirements of WIA § 166 and 20 CFR 668.200, as well as the application and designation requirements found at 20 CFR part 668, subpart B. The Federal regulations are available at: *http://www.doleta.gov/dinap/pdf/wiafinalregsall.pdf.* Potential applicants are expected to thoroughly review and comply with the statute and regulations. Organizations that are eligible to apply for WIA § 166 funds under this solicitation are: • Federally recognized Indian Tribes. • Tribal organizations as defined in 25 U.S.C. 450b. • Alaskan Native-controlled organizations representing regional or village areas, as defined in the Alaska Native Claims Settlement Act. • Native Hawaiian-controlled entities. • Native American-controlled organizations serving Indians, including community and faith-based organizations (see definition of Native American-controlled organizations described below). • State-recognized tribal organizations serving individuals who were eligible to participate under JTPA § 401, as of August 6, 1998. • Consortia of eligible entities which individually meet the legal requirements for a consortium (see definition of a consortium described below). Additionally, to be eligible, entities must have a legal status as a government, an agency of a government, a private nonprofit corporation (e.g., incorporated under IRS § 501(c)(3), or a consortium as defined below. Applicants seeking to provide services in a geographic service area for the first time must satisfy the funding threshold identified below. *Definition of Native American-Controlled Organization:* A Native American-controlled organization is defined as any organization for which more than 50 percent of the governing board members are Indians or Native Americans. Such an organization can be a tribal government, Native Alaska entity, Native Hawaiian entity, consortium, or public or private nonprofit agency. For the purpose of this award application, the governing board must have decision-making authority for the WIA § 166 program. *Eligible consortium:* Each member of a consortium must individually meet the requirement of an eligible applicant, as defined in 20 CFR 668.200 (c), (that is, be a Federally recognized tribe, or tribal organization, or Alaska Native-controlled organization, etc.) and at least one of the consortia members must have a legal status as a government, an agency of a government or a private nonprofit corporation. Additionally, the consortium must meet the following conditions: • Have members in close proximity to one another but not necessarily in the same State; • Have an administrative unit legally authorized to run the program and to commit the other members to contracts, grants, and other legally binding agreements; and • Be jointly and individually responsible for the actions and obligations of the consortium, including debts. *Funding Thresholds:* To be eligible for funding, a new (non-incumbent) entity must request one or more geographic service areas in competition that contain an eligible population of sufficient size to result in a funding level of at least $100,000 under the combined adult and youth funding formulas. See § 668.200(a)(3). Current section 166 grantees that do not meet the $100,000 threshold are exempt from this requirement. Federally-recognized tribes currently receiving, or applying for WIA § 166 funds under Public Law 102-477 only need to meet a $20,000 threshold, as long as the combined funding under Public Law 102-477 is at least $100,000. Attachment C provides funding estimates for the geographic areas in competition. B. Cost Sharing or Matching The Section 166 program does not require grantees to share costs or provide matching funds. C. Other Eligibility Criteria In accordance with 29 CFR Part 98, entities that are debarred or suspended shall be excluded from Federal financial assistance and are ineligible to receive a section 166 grant. Additionally, the applicant must have the ability to administer section 166 funds. The ability to administer section 166 funds is determined in accordance with 20 CFR 668.220 and 668.230. Limitations on those served under a WIA § 166 grant are identified in Part IV

(E)of this SGA, “Funding Restrictions.” Applicants should be aware that there are specific program regulations and OMB circulars that grantees must adhere to upon receiving a section 166 grant. See Part IV

(B)of this SGA below. IV. Application and Submission Information A. Address to Request Application Package This SGA contains all of the information needed to apply for grant funding. B. Content and Form of Application Submission Information that must be submitted under this SGA will depend on the applicant's status with DOL/ETA. For the purposes of this SGA, grant applicants are divided into four categories, each of which is addressed separately below:

(1)Current grantees receiving a waiver from competition for their service area (see listing in Attachment A);

(2)current grantees operating a WIA § 166 grant under Public Law 102-477 (see listing in Attachment B);

(3)current grantees not receiving waivers from competition (see listing in Attachment C); and

(4)new applicants for areas in competition. (1). Current Grantees Receiving a Waiver From Competition Current grantees receiving a waiver of competition, as listed in Attachment A of this SGA, only need to submit the following documents: • A brief cover letter informing ETA of the organization's interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form

(SF)424 (Version 02) which can be obtained at *http://www.doleta.gov/dinap/cfml/WhatsNew.cfm* (See information regarding the completion of the SF-424 below.) If a current grantee with a competition waiver for an existing service area wishes to apply for additional geographic service areas, the additional service area(s) must be stated in item #14 of the SF-424 and the procedures in Section V of this SGA must be followed to apply for grant funding for the additional area(s). A current grantee that has received a waiver from competition does not jeopardize its existing service area by applying for additional service areas nor does it receive any preference for the additional area. (2). Federally-Recognized Tribes Applying for Section 166 Funds Under Public Law 102-477 Public Law 102-477 authorizes WIA § 166 funds to be awarded to Federally-recognized tribes under a “consolidation” plan administered through the U.S. DOI. Public Law 102-477 allows Federally-recognized tribes to consolidate formula-funded employment and training related funds under a single, consolidated plan. Grantees operating a WIA § 166 grant under Public Law 102-477, as listed in Attachment B of this SGA, only need to submit the following documents: • A brief cover letter informing ETA of the organization's interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form

(SF)424 (Version 02) which can be obtained at *http://www.doleta.gov/dinap/cfml/WhatsNew.cfm* (See information regarding the completion of the SF-424 below). These documents indicate their intent to continue receiving section 166 funds. Tribes wishing to apply for WIA § 166 funds under Public Law 102-477 should not apply under this solicitation. Instead, tribes must submit a 477 plan to the U.S. DOI. New tribal applicants should be aware that in order for ETA to timely obligate funds under Public Law 102-477, a tribe's 477 plan must be received by the DOI no later than April 1, 2008, and approved no later than June 30, 2008. For further information on applying for WIA § 166 funds under Public Law 102-477, please contact Dawn Anderson at

(202)693-3745 (3). Current Grantees Not Receiving a Waiver From Competition Current grantees not receiving a waiver from competition, as listed in Attachment C of this SGA, only need to submit the following documents to initially express interest in continuing to serve the geographic service area placed in competition: • A brief cover letter informing ETA of the organization's interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form

(SF)424 (Version 02) which can be obtained at: *http://www.doleta.gov/dinap/cfml/WhatsNew.cfm* (See information regarding the completion of the SF 424 below.) While these are the only documents initially required, grantees not receiving a waiver should be aware that other entities may apply for their geographic service area(s). In cases where a new applicant (or applicants) applies for a current grantee's service area, the Grant Officer will notify the applicant—no later than 15 days after the SGA deadline date—that there is competition for the grantee's service area. Upon such notification, the applicant will be given 30 days from the date of the notification to submit a competitive grant proposal that responds to the evaluation criteria described in Part V(A) and that complies with requirements for new applicants under Part IV(B)(3) below (except that current grantees need not provide identification or proof of legal status, unless it has changed since the entity's current grant award). Current grantees not receiving a waiver may want to prepare a competitive grant proposal in preparation of a possible notice of competition as some portions of the proposal (such as letters of support) may take longer than the 30 days to prepare. If there is no competition for a service area currently served by a grantee that did not receive a waiver, the Grant Officer, in consultation with INAP and consistent with 20 CFR 668.210, 668.250, and 668.280, will make a decision to continue funding to the current grantee, or to designate the service area to another WIA § 166 grantee that is willing to serve the area, or to transfer funding into the formula to be distributed among all WIA § 166 grantees. (4). New applicants for areas in competition. New applicants must submit a complete grant proposal that addresses each of the evaluation criteria indicated in Part V(A) of this SGA. The proposal may not exceed twenty

(20)double-spaced, single-sided, 8.5 inch x 11 inch pages with 12 point text font and one inch margins. In addition, attachments may be included but may not exceed 10 pages. The applicant may provide resumes, a list of staff positions to be funded by the grant, letters of support, statistical information, and other related material. The proposal must include within the 20-page limit: • A brief cover letter informing ETA of the organization's interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form

(SF)424 (Version 02) which can be obtained at: *http://www.doleta.gov/dinap/cfml/WhatsNew.cfm* (see information regarding the completion of the SF-424 below). • Identification of the applicant's legal status, including articles of incorporation for non-profit organizations or consortium agreement (if applicable). • A specific description of the geographic area (i.e., county or reservation) being applied for. Only areas placed in competition and identified in Attachment C of this SGA can be applied for. New applicants should identify the area(s) they wish to serve in item #14 of the SF-424. Applicants may include service areas in an attachment to the SF-424 if additional space is needed. *Completing the Standard Form

(SF)424 (Version 02):* The SF-424 is available for downloading at: *http://www.doleta.gov/dinap/cfml/WhatsNew.cfm.* The SF-424 must clearly identify the applicant and be signed by an individual with authority to enter into a grant agreement. Upon confirmation of an award, the individual signing the SF-424 on behalf of the applicant shall be considered the representative of the applicant. While the SF-424 requires general information about an applicant, applicants may not be familiar with some required items, or the information may not be readily available. Explanations of these items are provided below: Item #8(c)—Organization DUNS: All applicants for Federal funds are required to have a Dun and Bradstreet

(DUNS)number. The DUNS number is a nine-digit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number access this Web site: *http://www.dunandbradstreet.com* or call 1-866-705-5711. Many organizations already have a DUNS number. Applicants should verify that their organization does not already have a DUNS number before obtaining a new number. • *Item #11* —Catalog of Federal Domestic Assistance Number (CFDA): The CFDA number for the WIA § 166 program is 17.265. This number must be provided in item #11. • *Item #14* —Areas Affected by Project: Applicants must include the specific geographic areas they wish to serve (i.e., counties, reservations, etc.). Current grantees that wish to serve their existing service area and are not applying for additional service areas only need to indicate “Existing Service Area” in this section. Current grantees and new applicants requesting service areas that are open to competition as indicated in Attachment C of this SGA must include the State, County, and Reservation service area in line item 14. Applicants may include service areas in an attachment to the SF-424 if additional space is needed. • *Item #17* —Proposed Project Start Date and Ending Date: The WIA § 166 program is funded for a two-year period and is based on a PY period of July 1 through June 30. The proposed start date under this solicitation is July 1, 2008, and the proposed end date is June 30, 2009. • *Item #18* —Estimated Funding: The WIA § 166 program is a formula funded program and funding is based on population characteristics, geographic service area, and annual congressional appropriations. Since WIA § 166 funding awards are calculated by the DOL/ETA, it is not necessary for applicants to complete Item #18. However, current grantees can view their estimated funding which has been calculated by the DOL/ETA through 2010, at this Web site: *http://www.doleta.gov/dinap/cfml/CensusData.cfm.* Please note that the funding amounts located at the Web sites above are estimates based on the Fiscal Year 2004, congressional appropriation. Funding estimates for those areas in competition are included in Attachment C. • *Item #19* —Is application Subject to Review by State Under Executive Order (E.O.) 12372 process? The WIA § 166 program is not subject to E.O. 12372. C. Submission Date, Times, and Addresses All applications must be submitted with an original signed application, SF-424 (all new applicants must also submit a SF-424A, Budget Form) and one

(1)“copy-ready” version. Do not bind, staple, or insert protruding tabs. The closing date for receipt of applications under this announcement is by 5 p.m. e.t, 30 days after the date of publication, February 4, 2008. Applications must be received at the address below no later than 5 p.m. e.t. Applications sent by e-mail, telegram, or facsimile

(fax)will not be accepted. Applications that do not meet the conditions set forth in this notice will not be considered. No exceptions to the mailing and delivery requirements set forth in this notice will be granted. Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James Stockton, Grant Officer, Reference SGA/DFA-PY-05-05, 200 Constitution Avenue, NW., Room N-4716, Washington, DC 20210. Applicants are advised that mail delivery in the Washington area may be delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. All overnight mail will be considered to be hand-delivered and must be received at the designated place by the specified closing date and time. Proposals submitted on diskette or CD is not encouraged as decontamination procedures may cause damage. *Late Applications:* Any application received after the exact date and time specified for receipt at the office designated in this notice will not be considered, unless it is received before awards are made and it

(1)Was sent by U.S. Postal Service registered or certified mail not later than the fifth calendar day before the date specified for receipt of applications (e.g., an application received after the deadline, but having a U.S. postmark showing an early submittal will not be considered late if received before awards are made), or

(2)Was sent by U.S. Postal Service Express Mail to the addressee not later than 5 p.m. (e.t.) at the place of mailing one working day prior to the date specified for receipt of applications. “Post marked” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable, without further action, as having been supplied or affixed on the date of mailing by an employee of the U.S. Postal Service. Therefore, applicants should request the postal clerk to place a legible hand cancellation “bull's eye” postmark on both the receipt and the package. Failure to adhere to the above instructions will be a basis for a determination of non-responsiveness. Note: Except as specifically provided in this Notice, DOL/ETA's acceptance of a proposal and an award of Federal funds to sponsor any program(s) does not provide a waiver of any grant requirements and/or procedures. For example, OMB Circulars require that an entity's procurement procedures must ensure that all procurement transactions are conducted, as much as practical, to provide open and free competition. If a proposal identifies a specific entity to provide services, the DOL/ETA's award does not provide the justification or basis to sole source the procurement, i.e., avoid competition, unless the activity is regarded as the primary work of an official partner to the application. *Important:* Organizations seeking WIA § 166 funding for this period must comply with the provisions of this SGA. Late applications from current grantees or new applicants will not be considered for those geographic service areas that are in competition (as listed in Attachment C). D. Intergovernmental Review This funding opportunity is not subject to E.O. 12372 “Intergovernmental Review of Federal Programs.” E. Funding Restrictions *Allowable costs:* Determinations of allowable costs will be made in accordance with the applicable Federal cost principles, e.g., for tribes, OMB Circular A-87, for nonprofit organizations, OMB Circular A-122. See 20 CFR 668.810 and 668.840 (incorporating WIA cost rules at 20 CFR 667.200 to 667.220). Disallowed costs are those charges to a grant that the grantor agency or its representative determines not to be allowable in accordance with the applicable Federal Cost Principles or other conditions contained in the grant. The WIA § 166 program limits administrative costs to 15 percent but may be negotiated up to 20 percent upon approval from the grantor agency. There are no specific limits on indirect costs; however, since most indirect costs are considered administrative costs, the amount of indirect cost collected, regardless of the approved rate, may be limited by the overall administrative cost limit. WIA funds must not be spent on construction or purchase of facilities or buildings except in specific circumstances specified at § 667.260. *Limitation on the type of individuals served:* The regulations at 20 CFR 668.300(a) limit eligibility for WIA § 166 program services to Indians as determined by a policy of the Native American grantee. The grantee's definition must at least include anyone who is a member of a Federally-recognized tribe, or an Alaska Natives, or a Native Hawaiian. Those receiving services must also, under § 668.300(b), be either low income, unemployed, underemployed as defined in 20 CFR 668.150, a recipient of a bona fide layoff notice which has taken effect in the last six months or will take effect in the following six month period, or employed persons in need of employment and training services to achieve self-sufficiency. Grantees must ensure that all eligible population members have equitable access to employment and training services. See 20 CFR 668.650(a). Priority of services must be given to veterans and spouses of certain veterans in accordance with the provisions of the “Jobs for Veterans Act,” Public Law 107-288. Since all individuals served by the section 166 program must be an Indian, Native American, Alaska Native, or Native Hawaiian, so must the veterans receiving priority under the “Jobs for Veterans Act” be Indian, Native American, Alaska Native, or Native Hawaiian. V. Application Review Information A. Evaluation Criteria The factors listed below will be considered in evaluating the applicants' approach to providing services and their ability to produce the best outcomes for covered individuals residing in the service area. B. Review and Selection Process Evaluation criteria Points (1)(a) Previous experience or demonstrated capabilities in successfully operating an employment and training program established for and serving Indians and Native Americans 20

(b)Previous experience in operating or coordinating with other human resources development programs serving Indians and Native Americans. Applicant should describe other successful Federal, State, or private foundation grants that the applicant has operated in the last two years 10

(c)Demonstration of coordination and linkages with Indian and non-Indian employment and training resources within the community 10 (2)(a) Description of the entity's planning process 10

(b)Demonstration of involvement with the INA community 10

(c)Approach to providing services, including identification of the training and employment problems and needs in the requested area, and approach to addressing such needs 10 (3)(a) Demonstration of involvement with local employers and efforts that have been made to link unemployed Native Americans with employers. Applicant should also describe involvement with local Workforce Investment Boards, or if applicable, youth programs, and/or councils 10

(b)Applicants should describe efforts that have been made to coordinate their human resource services described under Criteria (1)(b) with State Operated One-Step delivery systems 10

(4)Demonstration of support and recognition by the Native American Community and service population, including local tribes and adjacent Indian organizations and the client populations to be served 10 Maximum Available Points 100 *Overall Review Process:* The Grant Officer will conduct an initial review of grant applications for compliance with the statute, regulations, and this SGA. The initial review will consider, among other things, timeliness and completeness of submission, applicant eligibility, eligibility of the requested service area, population size, and funding thresholds as described in Part III

(A)of this SGA. The review will also consider the applicant's ability to administer funds as specified at 20 CFR 668.220 and 668.230. Applications that do not satisfy these conditions will not be considered. For incumbent organizations that failed to qualify for a waiver of competition, the Grant Officer reserves the right to examine the applicant's responsibility pursuant to 20 CFR 667.170, as part of the initial review of grant applications in order to carry out a more efficient selection process. Incumbent organizations that are found nonresponsible or unable to administer funds, will not qualify for designation. *Designation Priority:* If two or more applicants satisfy the initial review described above, the Grant Officer will determine whether designation priority exists. In nonreservation areas placed in competition, consistent with 20 CFR 668.210(c), priority for designation will be given to entities with a Native American-controlled governing body and which are representative of the Native American communities that they are applying to serve. *Competitive Selection Procedures:* Where two or more applicants satisfy the initial review described above and where equal or no priority for designation exists, then a competitive selection will be made for geographic areas identified in Attachment C using the procedures in this section. When competitive selection is necessary, INAP will notify each applicant of the competing NOI no later than 15 days after the application deadline date. Upon notification of competition, current grantees will be given 30 days from the date of notification to submit a complete proposal, as specified in Part IV (B)(3). Where a competitive evaluation is required, the Grant Officer will use a formal panel review process to score proposals and any supporting attachments against the evaluation criteria listed in Part V(A). The review panel will include individuals with knowledge of or expertise in programs dealing with Indians and Native Americans. The purpose of the panel is to review and evaluate an organization's potential, based on its application, to provide services to a specific Native American community, and submit recommendations to the Grant Officer. It is the Department's policy that no information affecting the panel review process will be solicited or accepted after the deadlines for receipt of applications set forth in this SGA. All submitted information must be in writing. This policy does not preclude the Grant Officer from requesting, or considering, additional information independent of the panel review process. During the review, the panel will not give weight to undocumented assertions. Any information must be supported by adequate and verifiable documentation, e.g., supporting references must contain the name of the contact person, an address, and telephone number. Panel ratings and recommendations are advisory to the Grant Officer. *Determination of Designation-Scoring:* The Grant Officer will make the final determination of section 166 designees and of the geographic service area for which each designation is made. The Grant Officer will select the entity that demonstrates the ability to produce the best outcomes for its customers, based on all available evidence and in consideration of any designation priorities as described in above. In addition to considering the review panel's rating in those instances in which a panel is convened, the Grant Officer may consider any other available information regarding the applicants' financial and administrative capability, operational capability, and responsibility in order to make funding determinations that are advantageous to the government. The Grant Officer need not designate an entity for every geographic area. See 20 CFR 668.294. If there are service areas in competition for which no entity submitted a complete application or for which no entity achieved a score of at least 70, the Grant Officer may either designate no service provider or may designate an entity based on demonstrated capability to provide the best services to the client population. The Department reserves the rights to select applicants with scores lower than 70 or lower than competing applications if such selection would, in the Department's judgment, result in the most effective and appropriate combination of services to the client population, funding, and costs. An applicant that does not receive WIA § 166 funding, in whole or in part, as a result of this process, will be afforded the opportunity to appeal the Grant Officer's decision as provided at 20 CFR 668.270. C. Anticipated Announcement and Award Dates Designation decisions will be made by March 1, 2008. VI. Award Administration Information A. Award Notices The Grant Officer, Mr. James Stockton, will notify applicants of the results of their application as follows: *Designation Award Letter:* The designation award letter signed by the Grant Officer will serve as official notice that the applicant has been awarded WIA § 166 funding. The designation award letter will include the geographic service area for which the designation is made. *Nondesignation Award Letter:* Any organization not receiving a designated award, in whole or in part, for a requested geographic service area that is in competition (as identified in Attachment C) will be notified formally of the nonaward designation. Notification by a person or entity, other than the Grant Officer that an applicant has been awarded WIA § 166 funds is not valid. B. Administrative and National Policy Requirements Applicants that are awarded WIA § 166 funds and become a Grantee of ETA must comply with the provisions of WIA and its regulations. Particular attention should be given to 20 CFR Part 668, which focuses specifically on programs for Indians and Native Americans under WIA. In addition, all grants will be subject to the following administrative standards and provisions, as applicable to the particular grantee: • 20 CFR part 667—Administrative provisions under Title I of WIA. • 29 CFR part 2, subpart D—Equal Treatment in Department of Labor Programs for Religious Organizations; Protection of Religious Liberty of Department of Labor Social Service Providers and Beneficiaries. • 29 CFR parts 30, 31, 32, 33, 35 and 36—Equal Employment Opportunity in Apprenticeship and Training; Nondiscrimination in Federally Assisted Programs of the Department of Labor—Effectuation of Title VI of the Civil Rights Act of 1964; Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Labor; Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from the Department of Labor; and Nondiscrimination on the Basis of Sex in Education Programs Receiving or Benefiting from Federal Financial Assistance. • 29 CFR part 37—Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998. • 29 CFR part 93—Lobbying. • 29 CFR part 95—Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, and with Commercial Organizations. • 29 CFR part 96—Federal Standards for Audit of Federally Funded Grants, Contracts, and Agreements. • 29 CFR part 97 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • 29 CFR part 98—Government-wide Debarment and Suspension (Non-Procurement) and Government-wide Requirements for Drug-Free Workplace (Grants). • 29 CFR part 99—Audit of States, Local Governments, and Non-Profit Organizations. In accordance with WIA § 195(6) and 20 CFR 668.630(f), programs funded under this SGA may not involve political activities. Additionally, in accordance with section 18 of the Lobbying Disclosure Act of 1995, Public Law 104-65 (2 U.S.C. 1611), nonprofit entities incorporated under § 501(c)(4) that engage in lobbying activities are not eligible to receive Federal funds and grants. Further, this program is subject to the provisions of the “Jobs for Veterans Act,” Public Law 107-288, which provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by DOL. Please note that, to obtain priority of service, a veteran must meet the program's eligibility requirements. ETA Training and Employment Guidance Letter

(TEGL)No. 5-03 (September 16, 2003) provides guidance on the scope of the veterans priority statute and its effect on current employment training programs. C. Reporting Applicants that are awarded WIA § 166 funds and become grantees of ETA will be required to submit reports on financial expenditures, program participation, and participant outcomes on no more than a quarterly basis and in accordance with ETA-specified formats, deadlines, and other requirements. Grantee performance will be evaluated on an annual basis. VII. Agency Contacts Questions regarding this SGA can be directed to: Serena Boyd, Grants Management Specialist, e-mail: *boyd.serena@dol.gov* ;

(202)693-3338; Fax:

(202)693-2879. VIII. Other Information Potential applicants may obtain further information on the WIA § 166 program for employment and training of Native Americans through the Web site for DOL's Indian and Native American Programs: *http://www.doleta.gov/dinap/* . Any information submitted in response to this SGA will be subject to the provisions of the Privacy Act and the Freedom of Information Act, as appropriate. The Department is not obligated to make any awards as a result of this SGA, and only the Grant Officer can bind the Department to the provision of funds under WIA § 166. Unless specifically provided in the grant agreement, the Department's acceptance of a proposal and/or award of Federal funds does not waive any grant requirements and/or procedures. OMB Information Collection No. 1205-0458 Expires September 30, 2009. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 20 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimated or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor, the OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503. Please do not return your completed application to the OMB. Send it to the sponsoring agency as specified in this solicitation. This information is being collected for the purpose of awarding a grant. The information collected through this “Solicitation for Grant Applications” will be used by the Department of Labor to ensure that grants are awarded to the applicant best suited to perform the functions of the grant. Submission of this information is required in order for the applicant to be considered for award of this grant. Unless otherwise specifically noted in this announcement, information submitted in the respondent's application is not considered to be confidential. Signed at Washington, DC, this 28th day of December 2007. Emily Stover DeRocco, Assistant Secretary, Employment and Training Administration. Attachment A—Current Grantees Receiving Waivers Attachment B—Public Law 102-477 Grantees Receiving Waivers Attachment C—Current Grantees Not Receiving Waivers and Associated Geographic Areas Attachment A.—Current Grantees Receiving Waivers State Grantee name Alabama Inter-Tribal Council of Alabama, Inc. Alabama Poarch Band of Creek Indians. Alaska Kenaitze Indian Tribe. Alaska Maniilaq Association. Arizona Affiliation of Arizona Indian Centers, Inc. Arizona American Indian Association of Tucson. Arizona Colorado River Indian Tribes. Arizona Gila River Indian Community. Arizona Hopi Tribal Council. Arizona Hualapai Tribe. Arizona Inter-Tribal Council of Arizona, Inc. Arizona Native Americans for Community Action, Inc. Arizona Pascua Yaqui Tribe. Arizona Phoenix Indian Center, Inc. Arizona Quechan Indian Tribe. Arizona Salt River Pima-Maricopa Indian Community. Arizona San Carlos Apache Tribe. Arizona White Mountain Apache Tribe. Arkansas American Indian Center of Arkansas, Inc. California California Indian Manpower Consortium, Inc. California Candelaria American Indian Council, Inc. California Indian Human Resources Center, Inc. California Northern California Indian Development Council, Inc. California Southern California Indian Center, Inc. California Tule River Tribal Council. California United Indian Nations, Inc. California Ya-Ka-Ama Indian Education and Development, Inc. Colorado Denver Indian Center, Inc. Colorado Southern Ute Indian Tribe. Colorado Ute Mountain Ute Tribe. Delaware Nanticoke Indian Association, Inc. Florida Florida Governors Council on Indian Affairs, Inc. Florida Miccosukee Tribe of Indians of Florida. Hawaii Alu Like, Inc. Indiana American Indian Center of Indiana, Inc. Kansas United Tribes of Kansas and Southeast Nebraska, Inc. Louisiana Inter-Tribal Council of Louisiana, Inc. Maine Penobscot Indian Nation. Massachusetts Mashpee-Wampanoag Indian Tribe. Massachusetts North American Indian Center of Boston, Inc. Michigan Inter-Tribal Council of Michigan, Inc. Michigan Michigan Indian Employment and Training Services, Inc. Michigan North American Indian Association of Detroit, Inc. Michigan Pokagon Band of Potawatomi Indians. Michigan Sault Ste. Marie Tribe of Chippewa Indians. Michigan South Eastern Michigan Indians, Inc. Minnesota American Indian Opportunities, Inc. Minnesota Bois Forte Tribal Council. Minnesota Fond Du Lac Reservation. Minnesota Leech Lake Band of Ojibwe. Minnesota Minneapolis American Indian Center. Mississippi Mississippi Band of Choctaw Indians. Missouri American Indian Council. Montana B.C. of The Chippewa Cree Tribe. Montana Blackfeet Tribal Business Council. Montana Crow Tribe of Indians. Montana Montana United Indian Association. Montana Northern Cheyenne Tribe. Nebraska Indian Center, Inc. Nebraska Omaha Tribe of Nebraska. Nevada Inter-Tribal Council of Nevada, Inc. Nevada Las Vegas Indian Center, Inc. New Mexico Alamo Navajo School Board. New Mexico Eight Northern Indian Pueblo Council. New Mexico Five Sandoval Indian Pueblos, Inc. New Mexico Jicarilla Apache Tribe. New Mexico Mescalero Apache Tribe. New Mexico National Indian Youth Council. New Mexico Pueblo of Acoma. New Mexico Pueblo of Isleta. New Mexico Pueblo of Taos. New Mexico Ramah Navajo School Board, Inc. New Mexico Santa Clara Indian Pueblo. New Mexico Santo Domingo Tribe. New York American Indian Community House, Inc. New York Native American Community Services of Erie and Niagara Counties. New York Native American Cultural Center, Inc. New York St. Regis Mohawk Tribe. North Carolina Cumberland County Association for Indian People, Inc. North Carolina Eastern Band of Cherokee Indians. North Carolina Guilford Native American Association. North Carolina Haliwa-Saponi Tribe, Inc. North Carolina Lumbee Regional Development Association, Inc. North Carolina Metrolina Native American Association. North Carolina North Carolina Commission on Indian Affairs. North Dakota Standing Rock Sioux Tribe. North Dakota Turtle Mountain Band of Chippewa Indians. North Dakota United Tribes Technical College. Ohio North American Indian Cultural Center, Inc. Oklahoma Absentee Shawnee Tribe. Oklahoma Cheyenne Arapaho Tribes of Oklahoma. Oklahoma Comanche Tribe of Oklahoma. Oklahoma Creek Nation of Oklahoma. Oklahoma Four Tribes Consortium of Oklahoma. Oklahoma Inter-Tribal Council of Northeast Oklahoma. Oklahoma Kiowa Tribe of Oklahoma. Oklahoma Otoe-Missouria Tribe. Oklahoma Ponca Tribe of Oklahoma. Oklahoma Seminole Nation of Oklahoma. Oklahoma Tonkawa Tribe of Oklahoma. Oklahoma United Urban Indian Council, Inc. Oklahoma Wyandotte Nation. Oregon Confederated Tribes of the Umatilla Indian Reservation. Oregon Confederated Tribes of Warm Springs. Oregon Organization of Forgotten Americans, Inc. Pennsylvania Council of Three Rivers American Indian Center, Inc. Rhode Island Rhode Island Indian Council, Inc. South Carolina South Carolina Indian Development Council, Inc. South Dakota Lower Brule Sioux Tribe. South Dakota Oglala Sioux Tribe. South Dakota Yankton Sioux Tribe. Texas Alabama-Coushatta Indian Tribal Council. Texas Dallas Inter-Tribal Center. Texas Ysleta Del Sur Pueblo. Utah Indian Training and Education Center. Utah Ute Indian Tribe. Vermont Abenaki Self-Help Association/N.H. Indian Council. Virginia Mattaponi Pamunkey Monacan Consortium. Washington American Indian Community Center. Washington Confederated Tribes and Bands of the Yakama Nation. Washington Seattle Indian Center, Inc. Washington Western Washington Indian Employment and Training. Wisconsin Lac Courte Oreilles Tribal Governing Board. Wisconsin Lac Du Flambeau Band of Lake Superior Chippewa Indians, Inc. Wisconsin Oneida Tribe of Indians. Wisconsin Spotted Eagle, Inc. Wyoming Northern Arapahoe Business Council. Total Grantees Receiving Waivers: 127. Attachment B.—Public Law 102-477 Grantees Receiving Waivers State Grantee name Alaska Aleutian-Pribilof Islands Association. Alaska Association of Village Council Presidents. Alaska Bristol Bay Native Association. Alaska Tlingit and Haida Central Council. Alaska Chugachmiut. Alaska Cook Inlet Tribal Council. Alaska Copper River Native Association. Alaska Kawerak Incorporated. Alaska Kodiak Area Native Association. Alaska Metlakatla Indian Community. Alaska Orutsararmuit Native Council. Alaska Tanana Chiefs Conference. Arizona Tohono O'odham Nation. Idaho Nez Perce Tribe. Idaho Shoshone-Bannock Tribes. Michigan Grand Traverse Band of Ottawa and Chippewa Indians. Minnesota Mille Lacs Band of Ojibwe. Minnesota Red Lake Band Nation. Minnesota White Earth Reservation Tribal Council. Montana Assiniboine and Sioux Tribes. Montana Confederated Salish & Kootenai Tribes. Montana Fort Belknap Indian Community. Nebraska Winnebago Tribe of Nebraska. Nevada Reno Sparks Indian Colony. Nevada Shoshone-Paiute Tribes. New Mexico Pueblo of Laguna. New Mexico Pueblo of Zuni. New York Seneca Nation of Indians. North Dakota Spirit Lake Sioux Nation. North Dakota Three Affiliated Tribes. Oklahoma Cherokee Nation. Oklahoma Chickasaw Nation. Oklahoma Choctaw Nation. Oklahoma Citizens Potawatomi Nation. Oklahoma Osage Nation. Oklahoma Pawnee Nation of Oklahoma. Oregon Confederated Tribes of Siletz Indians. South Dakota Cheyenne River Sioux Tribe. South Dakota Sicangu Nation (Rosebud Sioux Tribe). South Dakota Sisseton-Wahpeton Sioux Tribe. Washington Confederated Tribes of the Colville Reservation. Washington Makah Tribal Council. Washington Spokane Tribe of Indians. Washington Tulalip Tribes of Washington. Wisconsin Ho-Chunk Nation. Wisconsin Menominee Indian Tribe. Wisconsin Stockbridge-Munsee Community. Wyoming Eastern Shoshone Tribe. Total Public Law 102-477 Grantees Receiving Waivers: 48. Attachment C.—Current Grantees Not Receiving Waivers and Areas/Counties Open for Competition and Associated Geographic Areas Unemployed Poverty Youth *State:* Alaska *Grantee:* Open Area Arctic Slope

(ANRC)(Anaktuvuk Pass ANVSA) 50 10 4 Arctic Slope

(ANRC)(Atqasuk ANVSA) 4 30 4 Arctic Slope

(ANRC)(Barrow ANVSA) 220 295 25 Arctic Slope

(ANRC)(Kaktovik ANVSA) 20 20 4 Arctic Slope

(ANRC)(Nuiqsut ANVSA) 15 10 4 Arctic Slope

(ANRC)(Point Hope ANVSA) 80 100 15 Arctic Slope

(ANRC)(Point Lay ANVSA) 4 20 0 Arctic Slope

(ANRC)(Wainwright ANVSA) 55 70 4 Arctic Slope

(ANRC)(Outside ANVSA's) 0 0 0 PY 2008 Adult Funding Estimate: $78,825.00 PY 2009 Adult Funding Estimate: $78,825.00 PY 2008 Youth Funding Estimate: $16,352.73 PY 2009 Youth Funding Estimate: $16,352.73 *State:* Florida *Grantee:* Open Area Broward County (off reservation) 190 830 0 Broward County (Coconut Creek reservation) 0 0 0 Broward County (Hollywood reservation) 10 120 10 Broward County (Seminole trust land) 0 0 0 Glades County (Brighton reservation) 0 15 10 Glades County (off reservation) 4 0 0 Hendry County (Big Cypress reservation) 10 35 20 Hendry County (off reservation) 4 20 0 PY 2008 Adult Funding Estimate: $85,811.97 PY 2009 Adult Funding Estimate: $85,811.97 PY 2008 Youth Funding Estimate: $10,901.82 PY 2009 Youth Funding Estimate: $10,901.82 *State:* South Dakota and Nebraska *Grantee:* United Sioux Tribes of South Dakota Development Corporation Knox County (NE—off reservation) 4 25 0 Knox County (NE—Santee Reservation only) 25 210 40 Aurora County 0 4 0 Beadle County 4 50 0 Bon Homme County 4 20 0 Brookings County 15 95 0 Brown County 70 255 0 Brule County 45 110 0 Buffalo County 0 0 0 Butte County 0 15 0 Campbell County 0 4 0 Charles Mix County (off reservation) 0 0 0 Clark County 0 0 0 Clay County 10 235 0 Custer County 15 40 0 Davison County 0 95 0 Deuel County 0 4 0 Douglas County 4 25 0 Edmunds County 4 4 0 Fall River County 20 145 0 Faulk County 0 4 0 Haakon County 4 25 0 Hamlin County 4 20 0 Hand County 0 0 0 Hanson County 0 0 0 Harding County 4 4 0 Hughes County (off reservation) 45 285 0 Hutchinson County 0 4 0 Hyde County (off reservation) 0 4 0 Jackson County (off reservation) 4 45 0 Jerauld County 0 0 0 Jones County 4 10 0 Kingsbury County 0 4 0 Lake County 0 0 0 Lawrence County 20 145 0 Lincoln County 15 45 0 McCook County 0 10 0 McPherson County 0 4 0 Meade County 20 210 0 Miner County 0 0 0 Minnehaha County 190 1100 0 Moody County (Flandreau reservation) 25 35 10 Moody County (off reservation) 15 85 0 Pennington County 565 2835 0 Perkins County 10 30 0 Potter County 0 0 0 Sanborn County 0 0 0 Spink County 4 10 0 Sully County 0 4 0 Turner County 0 0 0 Union County 0 4 0 Walworth County 75 420 0 Yankton County 25 90 0 Native Hawaiian Imputation 0 36 0 PY 2008 Adult Funding Estimate: $552,616.57 PY 2009 Adult Funding Estimate: $552,616.57 PY 2008 Youth Funding Estimate: $13,627.27 PY 2009 Youth Funding Estimate: $13,627.27 *State:* Utah *Grantee:* Navajo Nation San Juan County 100 495 0 PY 2008 Adult Funding Estimate: $41,082.20 PY 2009 Adult Funding Estimate: $41,082.20 *State:* Washington *Grantee:* Lummi Indian Business Council Whatcom County (off reservation) 185 635 0 PY 2008 Adult Funding Estimate: $58,201.16 PY 2009 Adult Funding Estimate: $58,201.16 *State:* Washington *Grantee:* Puyallup Tribe of Indians Pierce County (2/3 of county off reservation) 140 1,085 0 PY 2008 Adult Funding Estimate: $92,129.98 PY 2009 Adult Funding Estimate: $92,129.98 *State:* Wisconsin *Grantee:* Wisconsin Indian Consortium Ashland County (Bad River reservation) 50 290 45 Ashland County (off reservation) 20 125 0 Bayfield County (Red Cliff reservation) 85 280 35 Forest County (Potawatomi

(WI)reservation) 20 35 4 Forest County (Saokogon Chippewa Community) 30 135 15 Forest County (off reservation) 10 110 0 Iron County 4 4 0 Native Hawaiian Imputation 1 1 0 PY 2008 Adult Funding Estimate: $83,309.34 PY 2009 Adult Funding Estimate: $83,309.34 PY 2008 Youth Funding Estimate: $26,982.00 PY 2009 Youth Funding Estimate: $26,982.00 Total Current Grantees Not Receiving Waivers: 7. [FR Doc. E7-25608 Filed 1-3-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2006-0028] MET Laboratories, Inc.; Expansion of Recognition AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. SUMMARY: This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of MET Laboratories, Inc.,

(MET)as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7. DATES: The expansion of recognition becomes effective on January 4, 2008. FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210, or phone

(202)693-2110. SUPPLEMENTARY INFORMATION: Notice of Final Decision The Occupational Safety and Health Administration

(OSHA)hereby gives notice of the expansion of recognition of MET Laboratories, Inc.,

(MET)as a Nationally Recognized Testing Laboratory (NRTL). MET's expansion covers the use of additional test standards. OSHA's current scope of recognition for MET may be found in the following informational Web page: *http://www.osha.gov/dts/otpca/nrtl/met.html.* OSHA recognition of an NRTL signifies that the organization has met the legal requirements in § 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition and is not a delegation or grant of government authority. As a result of recognition, employers may use products properly approved by the NRTL to meet OSHA standards that require testing and certification. The Agency processes applications by an NRTL for initial recognition or for expansion or renewal of this recognition following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the Agency publish two notices in the **Federal Register** in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding and, in the second notice, the Agency provides its final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. We maintain an informational Web page for each NRTL that details its scope of recognition. These pages can be accessed from our Web site at *http://www.osha.gov/dts/otpca/nrtl/index.html.* MET submitted an application, dated April 25, 2006 (see Exhibit 41-1, as cited in the preliminary notice), to expand its recognition to include 22 additional test standards. One standard, however, is already included in MET's scope. The NRTL Program staff determined that the remaining 21 standards are “appropriate test standards” within the meaning of 29 CFR 1910.7(c). In connection with this request, OSHA did not perform an on-site review of MET's NRTL testing facilities. However, NRTL Program assessment staff reviewed information pertinent to the request and recommended that MET's recognition be expanded to include the additional test standards listed below (see Exhibit 41-2, as cited in the preliminary notice). Therefore, OSHA is approving these 21 test standards for the expansion. The preliminary notice announcing the expansion application was published in the **Federal Register** on July 6, 2007 (72 FR 37056). Comments were requested by July 23, 2007, but no comments were received in response to this notice. OSHA is now proceeding with this final notice to grant MET's expansion application. The most recent application processed by OSHA specifically related to MET's recognition granted an expansion, and the final notice for this expansion was published on February 27, 2007 (72 FR 8797). You may obtain or review copies of all public documents pertaining to the MET application by contacting the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210. Docket No. OSHA-2006-0028 (formerly NRTL1-88) contains all materials in the record concerning MET's recognition. The current address of the MET facility

(site)already recognized by OSHA is: MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, MD 21230. Final Decision and Order NRTL Program staff has examined the application, the assessor's recommendation, and other pertinent information. Based upon this examination and the assessor's recommendation, OSHA finds that MET has met the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the limitation and conditions listed below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the recognition of MET, subject to this limitation and these conditions. Limitation OSHA limits the expansion of MET's recognition to testing and certification of products for demonstration of conformance to the following test standards, each of which OSHA has determined is an appropriate test standard, within the meaning of 29 CFR 1910.7(c): ANSI A17.5 Elevator and Escalator Electrical Equipment UL 250 Household Refrigerators and Freezers UL 399 Drinking Water Coolers UL 430 Waste Disposers UL 474 Dehumidifiers UL 498A Current Taps and Adapters UL 563 Ice Makers UL 749 Household Dishwashers UL 826 Household Electric Clocks UL 858 Household Electric Ranges UL 998 Humidifiers UL 1005 Electric Flatirons UL 1082 Household Electric Coffee Makers and Brewing-Type Appliances UL 1086 Household Trash Compactors UL 1261 Electric Water Heaters for Pools and Tubs UL 1640 Portable Power-Distribution Equipment UL 1741 Inverters, Converters, Controllers and Interconnection System Equipment for Use With Distributed Energy Resources UL 1994 Luminous Egress Path Marking Systems UL 2157 Electric Clothes Washing Machines and Extractors UL 2158 Electric Clothes Dryers UL 60335-2-8 Household and Similar Electrical Appliances, Part 2: Particular Requirements for Shavers, Hair Clippers, and Similar Appliances The designations and titles of the above test standards were current at the time of the preparation of the preliminary notice. OSHA's recognition of MET, or any NRTL, for a particular test standard is limited to equipment or materials ( *i.e.* , products) for which OSHA standards require third-party testing and certification before use in the workplace. Consequently, if a test standard also covers any product(s) for which OSHA does not require such testing and certification, an NRTL's scope of recognition does not include that product(s). A test standard listed above may be approved as American National Standards by the American National Standards Institute (ANSI). However, for convenience, we use the designation of the standards developing organization for the standard as opposed to the ANSI designation. Under our procedures, any NRTL recognized for an ANSI-approved test standard may use either the latest proprietary version of the test standard or the latest ANSI version of that standard. You may contact ANSI to find out whether or not a test standard is currently ANSI-approved. Conditions MET must also abide by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7: OSHA must be allowed access to MET's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary; If MET has reason to doubt the efficacy of any test standard it is using under this program, it must promptly inform the test standard developing organization of this fact and provide that organization with appropriate relevant information upon which its concerns are based; MET must not engage in or permit others to engage in any misrepresentation of the scope or conditions of its recognition. As part of this condition, MET agrees that it will allow no representation that it is either a recognized or an accredited Nationally Recognized Testing Laboratory

(NRTL)without clearly indicating the specific equipment or material to which this recognition is tied, or that its recognition is limited to certain products; MET must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major changes in its operations as an NRTL, including details; MET will meet all the terms of its recognition and will always comply with all OSHA policies pertaining to this recognition; and MET will continue to meet the requirements for recognition in all areas where it has been recognized. Signed at Washington, DC, this 26th day of December, 2007. Edwin G. Foulke, Jr., Assistant Secretary for Occupational Safety and Health. [FR Doc. E7-25612 Filed 1-3-08; 8:45 am] BILLING CODE 4510-26-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57057; File No. SR-Amex-2007-94] Self-Regulatory Organizations; American Stock Exchange, LLC; Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating to Notes Linked to the Performance of the CBOE S&P 500 PutWrite Index (PUTSM) December 28, 2007. I. Introduction On August 20, 2007, the American Stock Exchange, LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder 2 to list and trade notes, the performance of which is linked to the CBOE S&P 500 PutWrite Index (PUTSM) (the “PUT Index” or “Index”). On November 27, 2007, the Amex submitted Amendment No. 1 to the proposed rule change. The proposed rule change, as amended, was published for comment in the **Federal Register** on December 6, 2007 for a 15-day comment period. 3 This order approves the proposed rule change, as amended on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 56853 (November 28, 2007), 72 FR 68914 (“Notice”). II. Description of the Proposal The Amex proposes to list for trading under Section 107A of the Amex Company Guide (“Company Guide”) notes linked to the performance of the PUT Index (the “Notes”). The Notes are a series of medium-term debt securities of Eksportfinans 4 that provide for a cash payment at maturity or upon earlier exchange at the holder's option, based on the performance of the PUT Index as adjusted by an annual index fee (the “Index Fee”). As described in the Exchange's proposal, 5 the Notes are cash-settled in U.S. dollars and do not give the holder any right to receive any of the component securities, dividend payments, or any other ownership right or interest in the securities comprising the PUT Index. The Notes are designed for investors who desire exposure to a covered put selling options strategy on a broad market index and who are willing to forego principal protection and market interest payments on the Notes during their term. 4 Eksportfinans and Standard & Poor's (“S&P”), a division of the McGraw-Hill Companies, Inc. have entered into a non-exclusive license agreement providing for the use of the PUT Index by Eksportfinans in connection with certain securities including the Notes. S&P is not responsible for and will not participate in the issuance and creation of the Notes. Eksportfinans will issue the Notes under the name “Eksportfinans Index-Linked Notes. Eksportfinans has also been appointed to act as the calculation agent. 5 For a more detailed description of the Notes, including their structure, applicable exchange listing and trading rules, disclosure of pricing information, surveillance, and other regulation, see Notice at 68914-15. The PUT Index is determined, calculated and maintained solely by the Chicago Board Options Exchange, Inc. (“CBOE”). 6 The PUT Index is a benchmark index designed to measure the performance of a hypothetical investment strategy that overlays short S&P 500 puts over a money market account. The PUT Index tracks the value of an initial investment of $100 in a portfolio that passively follows the CBOE S&P 500 PUT strategy. The PUT Index strategy invests cash at one- and three-month Treasury Bill rates and sells a sequence of one-month at-the-money S&P 500 puts (SPX). The short put position is collateralized by the Treasury bills. The theory of the PUT strategy is to trade a premium over Treasury bill rates for a leveraged exposure to S&P 500 downturns. 6 For a more detailed description of the Put Index, including its construction and calculation, see Notice at 68915-17. The Exchange submits that Section 107A and the continued listing guidelines under Sections 1001-1003 of the Company Guide will accommodate the listing and trading of Notes. 7 7 Under Section 107A of the Company Guide, the Exchange may approve for listing and trading securities which cannot be readily categorized under the listing criteria for common and preferred stocks, bonds, debentures, or warrants. *See* Securities Exchange Act Release No. 27753 (March 1, 1990), 55 FR 8626 (March 8, 1990) (SR-Amex-89-29). III. Discussion and Commission Findings After careful review, 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. 8 The Commission finds that this proposal is similar to several approved instruments currently listed and traded on the Amex. 9 Accordingly, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 10 which requires that the rules of an exchange be designed, among other things, 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. 8 In approving this proposed 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). 9 *See* Securities Exchange Act Release Nos. 51426 (March 23, 2005), 70 FR 16315 (March 30, 2005) (approving the listing and trading of Morgan Stanley notes linked to the BXM Index); 50719 (November 22, 2004), 69 FR 69644 (November 30, 2004) (approving the listing and trading of Morgan Stanley notes linked to the BXM Index); 51634 (April 29, 2005), 70 FR 24138 (May 6, 2005) (approving the listing and trading of Wachovia notes linked to the BXM Index); and 51840 (June 14, 2005), 70 FR 35468 (June 20, 2005) (approving the listing and trading of JPMorgan notes linked to the BXD Index). The BXM index is the CBOE S&P 500 BuyWrite IndexSM while the BXD is the equivalent index using the DJIA as the underlying index rather than the S&P 500. 10 15 U.S.C. 78f(b)(5). The Commission further believes that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 11 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. The requirements of Section 107A of the Company Guide were designed to address the concerns attendant to the trading of hybrid securities, such as the Notes. For example, Section 107A of the Company Guide provides that only issuers satisfying specified asset and equity requirements may issue securities such as the Notes. In addition, the Exchange's “Other Securities” listing standards further require that the Notes have a market value of at least $4 million. 11 15 U.S.C. 78k-1(a)(1)(C)(iii). Furthermore, the Commission believes that the proposal to list and trade the Shares is reasonably designed to promote fair disclosure of information that may be necessary to price the Notes appropriately. As described in the Notice, the Exchange represents that the PUT Index value will be calculated and disseminated by the CBOE once every scheduled trading day after the close. Eksportfinans has agreed to seek to arrange to have the PUT Index calculated and disseminated on a daily basis through a third party if the CBOE ceases to calculate and disseminate the Index. In such an event, the Exchange agrees to obtain Commission approval, pursuant to filing the appropriate Form 19b-4, prior to the substitution of the PUT Index. Further, the Exchange has agreed to undertake to delist the Notes in the event that the CBOE discontinues calculating and disseminating the Index, and Eksportfinans is unable to arrange the calculation and dissemination of the PUT Index. 12 12 *See* Notice at 68917. The daily closing price of the PUT Index is calculated and disseminated by the CBOE on its Web site at *http://www.cboe.com* and via the Options Pricing and Reporting Authority at the end of each trading day. 13 The value of the S&P 500 Index is disseminated at least once every fifteen

(15)seconds throughout the scheduled trading day. In addition, as indicated above, the value of the PUT Index is calculated once every scheduled trading day, thereby providing investors with a daily value of such “hypothetical” put selling options strategy on the S&P 500. In addition, the Exchange represents that it will disseminate over the Consolidated Tape Association's Network B, a daily indicative Redemption Amount (the “Indicative Value”) to provide investors with a daily reference value of the Index. The Indicative Value, which is not adjusted on an intra-day basis, will be calculated by the Exchange after the close of trading and after the CBOE calculates the PUT Index for use by investors the next scheduled trading day. 13 The Commission, in connection with BXM and BXD Index Notes, approved the listing and trading of these products where the dissemination of the value of the underlying index occurred once per trading day. *See supra* note 9. Because the PUT Index is not calculated and disseminated every 15 seconds, the Exchange seeks a limited exception from the generic continued listing requirement set forth in Section 107D(h) of the Company Guide. In current Commentary .01 to Section 107, the Exchange provides that although the BXM and BXD Indexes do not satisfy the requirements of Section 107D(h), these Indexes nevertheless may be listed and traded pursuant to the generic standards set forth in Section 107D. The Commission believes that the dissemination of the S&P 500 along with the ability of investors to obtain put option pricing information provides sufficient transparency regarding the Index. Given the large trading volume and capitalization of the compositions of the stocks underlying the S&P 500, the Commission believes that the listing and trading of the Notes that are linked to the PUT Index should not unduly impact the market for the underlying securities comprising the S&P 500 or raise manipulative concerns. Moreover, the issuers of the underlying securities comprising the S&P 500 are subject to reporting requirements under the Act, and all of the component stocks are either listed or traded on, or traded through the facilities of, U.S. securities markets. Accordingly, the Commissions will allow this proposed change to Commentary .01 to Section 107 as a limited exception. The Commission also believes that the Exchange's trading halt rules are reasonably designed to prevent trading in the Notes when transparency is impaired. The Exchange will halt trading in the Notes if the circuit breaker parameters of Amex Rule 117 have been reached. 14 In exercising its discretion to halt or suspend trading in the Notes, the Exchange may consider factors such as those set forth in Amex Rule 918C(b) and other relevant factors. 15 The Commission further believes that the trading rules and procedures to which the Notes will be subject pursuant to this proposal are consistent with the Act. The Exchange has represented that the Notes are subject to Amex's rules governing the trading of equity securities. 14 E-mail from Andrea Williams, Assistant General Counsel, Amex and Ronesha Butler, Special Counsel, Division of Trading and Markets, Commission (“Division”), Commission, on December 28, 2007. 15 *Id.* In support of this proposal, the Exchange has made the following representations:

(1)The Exchange's surveillance procedures are adequate to properly monitor the trading of the Notes. Specifically, Amex will rely on its existing surveillance procedures governing equities and options. Moreover, the Exchange has a general policy which prohibits the distribution of material, non-public information by its employees.

(2)Prior to trading the Notes, the Exchange will distribute a circular to the membership providing guidance with regard to member firm compliance responsibilities (including suitability recommendations) when handling transactions in the Notes and highlighting the special risks and characteristics of the Notes. With respect to suitability recommendations and risks, the Exchange will require members, member organizations and employees thereof recommending a transaction in the Notes:

(1)To determine that such transaction is suitable for the customer; and

(2)to have a reasonable basis for believing that the customer can evaluate the special characteristics of, and is able to bear the financial risks of such transaction. In addition, Eksportfinans will deliver a prospectus in connection with the initial sales of the Notes. This approval order is based on the Exchange's representations. The Commission finds good cause, pursuant to Section 19(b)(2) of the Act, 16 for approving the proposed rule change, as modified by Amendment No. 1, prior to the 30th day after the date of publication of notice in the **Federal Register** . The Commission notes that the present proposal is similar to prior proposals that the Commission has approved. 17 The Commission does not believe that the proposed rule change, as modified by Amendment No. 1, raises any novel regulatory issues. Consequently, the Commission believes that it is appropriate to permit investors to benefit from these additional investment choices without delay. Accordingly, the Commission finds that there is good cause, consistent with Section 6(b)(5) of the Act, 18 to approve the proposal, as modified by Amendment No. 1, on an accelerated basis. 16 15 U.S.C. 78s(b)(2). 17 *See* , *supra* , note 9. 18 15 U.S.C. 78f(b)(5). IV. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 19 that the proposed rule change (SR-Amex-2007-94), as modified by Amendment No. 1, 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 Trading and Markets, pursuant to delegated authority. 20 20 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-25622 Filed 1-3-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57054; File No. SR-CBOE-2007-149] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Duration of CBOE Rule 6.45A(b) Pertaining to Orders Represented in Open Outcry December 27, 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 December 19, 2007, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the CBOE. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders it effective upon filing with the Commission. 5 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)(iii). 4 17 CFR 240.19b-4(f)(6). 5 The Exchange has requested that the Commission waive the 30-day operative delay required by Rule 19b-4(f)(6)(iii), 17 CFR 240.19b-4(f)(6)(iii). *See* discussion *infra* Section III. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The CBOE proposes to extend the duration of CBOE Rule 6.45A(b) (the “Rule”), relating to the allocation of orders represented in open outcry in equity option classes designated by the Exchange to be traded on the CBOE Hybrid Trading System (“Hybrid”) through June 30, 2008. The text of the proposed rule change is available at CBOE, the Commission's Public Reference Room, and ( *http://www.cboe.org/Legal* ). 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 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 those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose In March 2005, the Commission approved revisions to CBOE Rule 6.45A related to the introduction of Remote Market-Makers. 6 Among other things, the Rule, pertaining to the allocation of orders represented in open outcry in equity options classes traded on Hybrid, was amended to clarify that only in-crowd market participants would be eligible to participate in open outcry trade allocations. In addition, the Rule was amended to limit the duration of the Rule until September 14, 2005. The duration of the Rule was thereafter extended through December 31, 2007. 7 As the duration period expires on December 31, 2007, the Exchange proposes to extend the effectiveness of the Rule through June 30, 2008. 8 6 *See* Securities Exchange Act Release No. 51366 (March 14, 2005), 70 FR 13217 (March 18, 2005) (SR-CBOE-2004-75). 7 *See* Securities Exchange Act Release Nos. 52423 (September 14, 2005), 70 FR 55194 (September 20, 2005) (SR-CBOE-2005-76) (extending the duration of the Rule through December 14, 2005); 52957 (December 15, 2005), 70 FR 76085 (December 22, 2005) (SR-CBOE-2005-102) (extending the Rule through March 14, 2006); 53524 (March 21, 2006), 71 FR 15235 (March 27, 2006) (SR-CBOE-2006-22) (extending the duration of the Rule through July 14, 2006); 54164 (July 17, 2006), 71 FR 42143 (July 25, 2006) (SR-CBOE-2006-60) (extending the duration of the Rule through October 31, 2006); 54680 (November 1, 2006), 71 FR 65554 (November 8, 2006) (SR-CBOE-2006-86) (extending the duration of the Rule through January 31, 2007); 55219 (February 1, 2007), 72 FR 6305 (February 9, 2007) (SR-CBOE-2007-10) (extending the duration of the Rule through April 30, 2007); 55676 (April 27, 2007), 72 FR 25348 (May 4, 2007) (SR-CBOE-2007-40) (extending the duration of the Rule through July 31, 2007) and 56177 (August 1, 2007), 72 FR 44194 (August 7, 2007) (SR-CBOE-2007-89) (extending the duration of the Rule through December 31, 2007). 8 In order to effect proprietary transactions on the floor of the Exchange, in addition to complying with the requirements of the Rule, members are also required to comply with the requirements of Section 11(a)(1) of the Act, 15 U.S.C. 78k(a)(1), or qualify for an exemption. Section 11(a)(1) restricts securities transactions of a member of any national securities exchange effected on that exchange for

(i)the member's own account,

(ii)the account of a person associated with the member, or

(iii)an account over which the member or a person associated with the member exercises discretion, unless a specific exemption is available. The Exchange has issued regulatory circulars to members informing them of the applicability of these Section 11(a)(1) requirements each time the duration of the Rule was extended. *See* CBOE Regulatory Circulars RG05-103 (November 2, 2005), RG06-001 (January 3, 2006), RG06-34 (April 7, 2006), RG06-79 (July 31, 2006), RG06-115 (November 8, 2006), RG07-21 (February 8, 2007), RG07-53 (May 17, 2007) and RG07-88 (August 15, 2007). The Exchange represents that it expects to issue a similar regulatory circular to members reminding them of the applicability of the Section 11(a)(1) requirements with respect to the proposed rule change. 2. Statutory Basis Extension of the duration of the Rule will allow the Exchange to continue to operate under the existing allocation parameters for orders represented in open outcry in Hybrid on an uninterrupted basis. Accordingly, CBOE believes the proposed rule change is consistent with the Act 9 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. 10 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 11 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. 9 15 U.S.C. 78a, *et seq.* 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:

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

(2)impose any significant burden on competition; and

(3)become operative for thirty days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and Rule 19b-4(f)(6) 13 thereunder. 14 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 240.19b-4(f)(6). 14 The Exchange has given the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date on which the Exchange filed the proposed rule change. *See* 17 CFR 240.19b-4(f)(6)(iii). A proposed rule change filed under Commission Rule 19b-4(f)(6) 15 normally does not become operative prior to thirty days after the date of filing. The CBOE requests that the Commission waive the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii), and designate the proposed rule change to become operative immediately to allow the Exchange to continue to operate under the existing allocation parameters for orders represented in open outcry in Hybrid on an uninterrupted basis. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver will allow the CBOE to continue to operate under the Rule without interruption. For this reason, the Commission designates the proposed rule change as operative upon filing. 16 15 17 CFR 240.19b-4(f)(6). 16 For the purposes only of waiving the operative date of this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2007-149 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-2007-149. 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-CBOE-2007-149 and should be submitted on or before January 25, 2008. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 17 17 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-25621 Filed 1-3-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57062; File Nos. SR-NASDAQ-2007-101; SR-Amex-2007-142; SR-NYSE-2007-122; and SR-NYSEArca-2007-131] Self-Regulatory Organizations; The NASDAQ Stock Market LLC, The American Stock Exchange LLC, The New York Stock Exchange LLC, and NYSE Arca, Inc; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Changes To Extend the Deadline Until March 31, 2008 for Issuers To Become Compliant With Listing Requirements Concerning Direct Registration Programs December 28, 2007. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 26, 2007, The NASDAQ Stock Market LLC (“Nasdaq”) and The American Stock Exchange LLC (“Amex”) filed and on December 28, 2007, The New York Stock Exchange LLC (“NYSE”) and NYSE Arca (the four filers are collectively referred to as the “Exchanges”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule changes as described in Items I, II, and III below, which items have been prepared substantially by the Exchanges. The Commission is publishing this notice and order to solicit comments on the proposed rule changes from interested persons and to approve the proposed rule changes on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organizations' Statement of the Terms of the Substance of the Proposed Rule Changes The Exchanges propose to extend the deadline until March 31, 2008, for listed issuers to become compliant with the requirement that their securities be made eligible to participate in a direct registration program. The Exchanges will implement the proposed rule changes upon approval by the Commission. The text of the Exchanges' proposed rule changes is available at *http://nasdaq.complinet.com* for Nasdaq's proposal; at *http://www.amex.com* for Amex's proposal; at *http://www.nyse.com/regulation/rules/1160561784294.html* for NYSE's and NYSE Arca's proposals; and at the Commission's Public Reference Room. II. Self-Regulatory Organizations' Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In the filings with the Commission, the Exchanges included statements concerning the purpose of and basis for the proposed rule changes and discussed any comments they had received on the proposed rule changes. The text of these statements may be examined at the places specified in Item III below. The Exchanges have prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organizations' Statements of the Purpose of, and Statutory Basis for, the Proposed Rule Changes 1. Purpose In August 2006, the Exchanges each adopted listing standards that require listed securities to be eligible to participate in a direct registration program, such as the Direct Registration System (“DRS”) administered by The Depository Trust Company (“DTC”). 3 These listing standards became effective for new listed securities beginning on January 1, 2007, and are scheduled to become effective for all listed securities on January 1, 2008. 3 Securities Exchange Act Release No. 54288 (August 8, 2006), 71 FR 47276 (August 16, 2006) (approving SR-NASDAQ-2006-008); Securities Exchange Act Release No. 54289 (August 8, 2006), 71 FR 47278 (August 16, 2006) (approving SR-NYSE-2006-29); Securities Exchange Act Release No. 54290 (August 8, 2006), 71 FR 47262 (August 16, 2006) (approving SR-AMEX-2006-40); Securities Exchange Act Release No. 54410 (September 7, 2006), 71 FR 54316 (September 14, 2006) (approving SR-NYSEArca-2006-31). Since adopting these listing standards, the number of issues that are not DRS eligible across these markets has declined from over 5,000 in May 2007 to fewer than 1,000 as of December 14, 2007, and is expected to decline further before January 1, 2008. Nonetheless, there has been some confusion regarding the steps the listed companies need to complete to become compliant with these requirements. As a result, certain listed companies are still in the process of completing the necessary steps, which could include modifying their by-laws or having their boards take other actions, to become DRS eligible. In addition, in some cases, even though a listed company has completed all actions required to be taken by the company to become compliant, the company's transfer agent is still completing the process necessary for the transfer agent to facilitate the company's DRS eligibility. In order to assure that listed companies have adequate opportunity to comply with the listing standards that require listed securities to be eligible for inclusion in a direct registration program, each of the Exchanges is proposing to extend the effective date for its DRS eligibility requirement until March 31, 2008. The Exchanges believe that this short extension will allow those companies whose securities are not yet DRS eligible to become fully compliant with the listing standards and will avoid the investor confusion that could be caused by a number of companies temporarily not being in compliance with their Exchange's listing standards while they complete the DRS eligibility process. 2. Statutory Basis The Exchanges believe that the proposed rule changes are consistent with the provisions of section 6 of the Act 4 in general and with section 6(b)(5) of the Act 5 in particular in that the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed rule changes extend the effective date of each Exchange's DRS eligibility requirement in order to facilitate a smooth transition for companies attempting to comply with the rules. 4 15 U.S.C. 78f. 5 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchanges do not believe that the proposed rules change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended. C. Self-Regulatory Organizations' Statement on Comments on the Proposed Rule Changes Received From Members, Participants, or Others Written comments 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, as amended, 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 Numbers SR-NASDAQ-2007-101, SR-Amex-2007-142; SR-NYSE-2007-122; and SR-NYSEArca-2007-131 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 Numbers SR-NASDAQ-2007-101, SR-Amex-2007-142, SR-NYSE-2007-122, and SR-NYSEArca-2007-131. These file numbers 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 changes that are filed with the Commission, and all written communications relating to the proposed rule changes 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 on official business days between the hours of 10 a.m. and 3 p.m. Copies of each Exchange's filing also will be available for inspection and copying at the principal office of the submitting 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 Numbers SR-NASDAQ-2007-101; SR-Amex-2007-142; SR-NYSE-2007-122; and SR-NYSEArca-2007-131 and should be submitted on or before January 25, 2008. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Changes After careful review, 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. 6 In particular, the Commission finds that the proposed rule changes are consistent with section 6(b)(5) of the Act, which requires that an exchange have rules designed, among other things, 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 process by which a company makes its securities DRS eligible in order to be in compliance with the Exchanges' listing requirements requires coordination between the company, its transfer agent, and DTC. That process may have been confusing to some issuers or their transfer agents, particularly those that were unfamiliar with DRS. Therefore, the Commission finds that approval of the Exchanges' proposals that provide a short extension of the effective date of the Exchanges' DRS eligibility listing requirements and that in turn should allow companies and their transfer agents the additional time needed to complete the necessary steps to make the companies' securities DRS eligible is consistent with section 6(b)(5) of the Act. 6 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). Furthermore, the Commission finds good cause to approve the proposed rule changes prior to the thirtieth day after the date of publication of the notice of filing because by approving the extension of the effective date for the listing standards requiring the securities of listed companies to be DRS eligible from January 1, 2008, to March 31, 2008, sufficient additional time should be provided to those companies whose securities are not yet DRS eligible to become fully compliant with the listing standards and should help to avoid possible confusion that could result if a number of companies were temporarily not in compliance with their Exchange's listing standards. V. Conclusion *It is therefore ordered,* pursuant to section 19(b)(2) of the Act, 7 that the proposed rule changes (SR-Nasdaq-2007-101; SR-Amex-2007-142; SR-NYSE-2007-122; and SR-NYSEArca-2007-131) be and hereby are approved on an accelerated basis. 7 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-25595 Filed 1-3-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57061; File No. SR-NYSE-2007-113] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change To Amend Annual Fees Applicable to Groups of Real Estate Investment Trusts Under Common External Management December 28, 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 December 20, 2007, the New York Stock Exchange, LLC (“NYSE” 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 prepared substantially by NYSE. 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 NYSE proposes to provide a discount on Annual Fees to each company in any group of three or more real estate investment trusts (“REITs”) that are under the management of the same external management company. This filing seeks approval to apply the discount retroactively to January 1, 2008. The text of the proposed rule change is available on the NYSE's Web site at *http://www.nyse.com* , at the principal offices of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NYSE included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. NYSE 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 amend Section 902 of the Manual by inserting proposed new Section 902.03A. This filing seeks approval to apply the discount retroactively to January 1, 2008. REITs will continue to be subject to the Annual Fees applicable to listed equity securities as set forth in Section 902.03. However, Section 902.03A will provide that, where all of the operations of each of a group of three or more listed REITs are externally managed by the same entity or by affiliated entities, each REIT in the group will receive a 30% discount on the applicable Annual Fees in relation to any year in which the common management relationship exists as of January 1. A newly-listed REIT that qualifies for the discount will receive it in relation to the part of the year for which it pays a prorated Annual Fee upon initial listing. For example, a REIT that lists on July 1 and whose outstanding number of shares would subject it to a $100,000 Annual Fee would normally pay a prorated amount of $50,000 because it would be listed for exactly half of the first year of listing. If that REIT qualifies for the group discount, it would pay $35,000 (70% of the prorated Annual Fee that would otherwise be payable). A limited number of publicly traded REITs have their operations externally managed by another entity pursuant to a management agreement. Typically, the REIT itself does not have any direct employees. Rather, the external manager is entirely responsible for managing and staffing the operations of the company, in return for management fees and the reimbursement of expenses as set forth in the management agreement. The manager will typically have representation on the board of each REIT under its management and will be compensated in significant part in the form of performance-based incentive compensation based on the REIT's earnings. In a limited number of cases, a single entity or affiliated entities may externally manage more than one REIT. As an incentive for all of the REITs in such a group to list on the Exchange, the Exchange proposes to offer a group discount on Annual Fees when there are at least three REITs under common management. The Exchange believes that this will be attractive to management companies that externally manage multiple REITs as it will increase the REITs' earnings and therefore also increase the performance-based management fees received by the external manager. The Exchange expects that external managers and their board representatives will be highly incentivized to encourage the boards of their managed REITs to avail themselves of the discount and that it will therefore motivate eligible REITs to remain listed on the Exchange or to transfer their listing to the Exchange. The Exchange does not believe that the limitation of the proposed discount to groups of three or more REITs under common management is unfairly discriminatory. While the Exchange perceives a competitive benefit to be obtained by providing the discount, we are also cognizant of the fact that the discount will cause us to lose revenue. We are concerned that the revenue loss we could sustain over time if we applied the discount to circumstances where two REITs shared common management would far exceed the benefit in terms of retaining listings or obtaining new listings, as the number of eligible REITs could broaden significantly. The small reduction in revenue the Exchange expects as a result of the discount will not hinder the Exchange's ability to fulfill its regulatory responsibilities. The Exchange also notes that the Annual Fees applicable to all other REITs and operating companies are remaining unchanged, so no company that is not qualified for the discount is being asked to pay higher Annual Fees than it is currently paying. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act 3 in general and Section 6(b)(4) 4 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. 3 15 U.S.C. 78f. 3 4 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 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 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 No. SR-NYSE-2007-113 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-NYSE-2007-113. 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, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of NYSE. 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-NYSE-2007-113 and should be submitted on or before January 25, 2008. 5 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 5 Nancy M. Morris, Secretary. [FR Doc. E7-25625 Filed 1-3-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57058; File No. SR-NYSE-2007-102] Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating to NYSE Rule 1500 (NYSE MatchPoint SM ) December 28, 2007. I. Introduction On November 8, 2007, the New York Stock Exchange LLC (“NYSE”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to adopt NYSE Rule 1500 to establish NYSE MatchPoint SM (“MatchPoint”), an electronic facility that matches aggregated orders at predetermined, one-minute sessions throughout regular hours and after hours of the Exchange. The proposed rule change was published for comment in the **Federal Register** on November 23, 2007. 3 On December 27, 2007, NYSE filed Amendment No. 1 to the proposed rule change. 4 The Commission received no comment letters on the proposed rule change. This order approves the proposed rule change, as modified by Amendment No. 1 thereto. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 56798 (November 15, 2007), 72 FR 65787 (“Notice”). 4 In Amendment No. 1, NYSE proposed technical and clarifying amendments to the proposed rule change. In Amendment No. 1, NYSE proposes to:

(1)*Clarify* that allocation of orders in the MatchPoint system may, during regular trading hours of the Exchange, occur some seconds before or after the end of the one-minute matching session;

(2)clarify which securities may be traded on the MatchPoint system and that MatchPoint will not trade securities that are not listed on any securities exchange;

(3)clarify that for purposes of the MatchPoint system the “primary market” is the listing market and if a security is dually listed, the “primary market” will be the market in which the particular security is trading the greatest volume of shares;

(4)clarify that partial round lots ( *i.e.* , “mixed lots”) may be entered into MatchPoint as single orders or as part of a portfolio, but the odd lot portion of the order will not be executed;

(5)clarify that the NYSE is requesting that the Commission concur with the NYSE's interpretation that MatchPoint orders entered from off the Floor of the Exchange comply with the provisions of Rule 11a2-2(T) of the Act;

(6)represent that participation in MatchPoint would be voluntary and open to all eligible NYSE market participants and would not result in any advantage to market participants that participate in matching sessions over those that do not participate; and

(7)make conforming technical and clarifying changes to the proposed rule text. Because Amendment No. 1 is technical in nature, the Commission is not publishing it for comment. II. Description of the Proposal NYSE proposes to adopt NYSE Rule 1500 to establish NYSE MatchPoint, an electronic facility that matches aggregated orders at seven predetermined, one-minute matching sessions during regular trading hours and one matching session during the after hours of the Exchange. 5 MatchPoint will trade securities listed on NYSE as well as securities listed on other exchanges and admitted to unlisted trading privileges (“UTP”) on NYSE. 6 MatchPoint is an anonymous trading platform and no order information will be displayed and clearance and settlement of executions will be anonymous. Trade reports will be disseminated after each matching session. 5 MatchPoint matching sessions will occur during the Exchange trading hours at 9:45 a.m., 10 a.m., 11 a.m., 12 p.m., 1 p.m., 2 p.m. and 3 p.m. A MatchPoint after hours matching session will occur at 4:45 p.m. *See* proposed Rule 1500(a)(1). NYSE will need to file a proposed rule change with the Commission if it plans to alter the times of the MatchPoint matching sessions and/or add or eliminate matching sessions. 6 *See* proposed Rule 1500(b)(2)(E). Securities admitted to unlisted trading privileges could be listed on NYSE Arca, Inc. (“NYSE Arca”), the NASDAQ Stock Market, Inc. (“Nasdaq”), the American Stock Exchange (“Amex”), or other stock exchanges. MatchPoint will not trade securities that are not listed on any securities exchange. A. Participation Eligibility All NYSE members, member organizations and sponsored participants of sponsoring member organizations are automatically eligible for access to MatchPoint. 7 Before access is granted to MatchPoint users, all users must go through a connectivity authorization process. 8 Specialists on the floor of the Exchange are not authorized to access MatchPoint. 9 The off-floor operations of specialist firms may obtain authorized access to MatchPoint provided they have policies and procedures and barriers in place that preclude improper information sharing between the specialist firm and the firm's specialist on the floor of the Exchange. 10 7 In Amendment No. 1, NYSE represented that participation in MatchPoint will be voluntary and open to all eligible NYSE market participants, and will not result in any advantage to market participants that participate in matching sessions over those market participants that do not participate. 8 MatchPoint can only be accessed through an electronic Financial Information exchange (“FIX”) application and/or an internet based password-protected order entry application. Users must fill out an application for connectivity through either of these two electronic connectivity capabilities. Once granted connectivity through the authorization process, eligible users may access MatchPoint. 8 9 *See* proposed Rule 1500(g)(4)(A). 10 The Exchange stated that, currently, all specialist organizations on the Exchange utilize information barrier procedures pursuant to NYSE Rule 98 (Restrictions on Approved Person Associated with a Specialist's Member Organization). The Exchange has represented that the information barrier procedures that would be utilized to block access by a specialist to any MatchPoint trading information generated by the off-floor personnel of the specialist organization would be similar in design and utilization. Members who have authorized access to MatchPoint are not permitted to enter orders into the MatchPoint system from the floor of the Exchange when such orders are for their own accounts, the accounts of associated persons, or accounts over which it or an associated person exercises investment discretion. 11 Similarly, members on the floor may not have such orders entered into MatchPoint by sending them to an off-floor facility for entry. Members with authorized access to MatchPoint may only enter customer orders into MatchPoint from the floor of the Exchange. Members that have authorized access to MatchPoint may enter proprietary and customer orders into MatchPoint from off the floor of the Exchange. 12 11 *See* proposed Rule 1500(g)(4)(B). 12 *Id.* B. MatchPoint Order Parameters MatchPoint participants (“users”) transmit their market and limit orders, which are undisplayed, by means of an electronic interface. MatchPoint users may enter, correct or cancel orders beginning at 3:30 a.m. until 4:45 p.m. 13 The MatchPoint system will not accept any orders before 3:30 a.m. or after 4:45 p.m. MatchPoint will accept and execute single orders and NYSE MatchPoint Portfolios (“portfolios”). 13 *See* proposed Rule 1500(d)(1). MatchPoint orders must be designated for only one of the matching sessions during regular hours of the Exchange or for the single after hours matching session. 14 A user must designate an order for only one matching session at a time. All MatchPoint orders, single and portfolio, must have the following parameters:

(1)List name; 15

(2)matching session (if a user fails to designate a specific matching session, the system will provide a default function and direct the order to the next eligible matching session);

(3)side of the market ( *i.e.* , buy, sell or short side);

(4)symbol; and

(5)minimum and maximum amount of shares available for execution. 16 Additionally, a user may include an optional constraint ( *i.e.* , net cash and internal match constraints) for a MatchPoint order. 17 Orders may be either market or limit orders and must have a minimum size of one round lot. MatchPoint will permit odd lot and partial round lot orders to be entered into the system; however, odd lot orders and the odd lot portion of partial round lot orders will not be executed. 18 14 If a MatchPoint order does not execute in the designated matching session, it will be cancelled back to the user immediately upon completion of the matching session. If a user fails to designate a particular matching session for a MatchPoint order, the order, by default, will be available for execution in the next scheduled matching session. If an undesignated order does not execute in the next scheduled regular hours matching session it will be cancelled back to the user immediately upon completion of such matching session. If a user fails to designate an order and enters the order after 3 p.m., which is the last regular hours matching session, the order will participate in the after hours matching session at 4:45 p.m. If the order does not execute in the after hours matching session it will be cancelled back to the user immediately upon completion of the after hours matching session. 15 A portfolio must have a unique portfolio name that is distinct from the names of other portfolios of the same user. 16 *See* proposed Rule 1500(d)(2)(A). 17 *Id.* 18 *See* proposed Rule 1500(d)(2)(C). Orders may not be cancelled or replaced while a matching session is in progress or when trading in the applicable security is halted in the MatchPoint system. 19 MatchPoint orders will not be available for execution until the next eligible matching session. All orders must be available for automatic execution. MatchPoint has no order delivery capability and will not route to other market centers. Users, however, would be able to enter eligible orders into MatchPoint through a FIX 20 application and/or an Internet based order entry system provided the orders are available for automatic execution. The Exchange stated that MatchPoint orders will not trade-through a protected bid or protected offer as defined in Regulation NMS. 21 19 *See* proposed Rule 1500(d)(2). 20 FIX Protocol is a messaging standard developed specifically for the real-time electronic exchange of securities transactions. 21 *See* 17 CFR 242.600(b)(57). C. MatchPoint Order Allocation MatchPoint matching sessions occur through an automated matching mechanism. During the matching sessions, the MatchPoint Reference Price (“Reference Price”) 22 is determined and eligible orders are executed at the designated hour at the randomly selected time during the predetermined one-minute trading session. 23 The matching and execution of orders occurs immediately after the algorithm selects a Reference Price. 24 If an order is not executed in a particular matching session it will be immediately cancelled back to the user upon completion of the matching session. The user may resubmit the order in any one of the subsequent matching sessions. 22 The Reference Price is the single trading price at which MatchPoint orders will execute during a predetermined one-minute “matching session.” During the regular hours of the Exchange, the Reference Price will be the midpoint of the national best bid and national best offer (“NBBO”) which is randomly selected during a predetermined one-minute pricing period. *See* proposed Rule 1500(b)(2)(I). For the after hours MatchPoint matching session, the Reference Price will be the official closing price of the primary market ( *i.e.* , the listing market) for securities listed on the NYSE, NYSE Arca, Amex, Nasdaq, and regional stock exchanges. If, however, there is no official closing price for a particular security, the Reference Price will be the last sale price of the primary market for a particular security. *See* proposed Rule 1500(c)(1)(A) and (c)(2)(A). 23 *See* proposed Rule 1500(c)(1)(A). 24 During the Exchange's regular trading hours, the allocation of orders in the matching sessions may occur some seconds after the end of the one-minute matching session, depending on when within the one-minute pricing window the MatchPoint algorithm randomly selects the Reference Price. For example, if the algorithm selects the Reference Price ( *i.e.* , the midpoint of the NBBO) early in the one-minute pricing window, the algorithm has sufficient time to allocate all of the orders before the end of the one-minute matching session. If the algorithm selects the Reference Price late in the one-minute pricing window, the one-minute matching session may be extended a few seconds to allow the algorithm to allocate all MatchPoint orders. In any case, execution takes place immediately after the Reference Price is randomly selected, and all orders are executed at the same Reference Price in a given matching session. During the after hours matching session, the Reference Price is the official closing price or the last sale price of a particular security. Because this price is static, there is no need to randomly select a time during the one-minute pricing window to determine the Reference Price. Therefore, the allocation of orders in the after hours matching session will always be completed within the one-minute matching session. MatchPoint orders will be allocated on a *pro rata* basis. 25 Shares will be allocated *pro rata* in round lots (rounded down to the nearest 100 shares) to eligible orders based on the original size of the order. 26 In this process MatchPoint will honor all user-directed constraints. If the allocation to an eligible order is less than the minimum acceptable execution quantity for that order, the order will not be eligible for execution in that matching session. If additional shares remain after the initial *pro rata* allocation, those shares will continue to be allocated *pro rata* to eligible orders. If additional shares remain thereafter that are the same size or are unexecuted because of rounding or minimum trade size constraints, the remaining shares will be allocated in 100 share lots to the oldest eligible orders. 27 25 *See* proposed Rule 1500(d)(3). 26 MatchPoint will execute orders only in round lots. The MatchPoint system will accept odd lot orders but not execute them. Similarly, orders containing partial round lots ( *i.e.* , “mixed lots”) may be entered into MatchPoint but the odd lot portion of the order will not be executed. The system will permit the entry of odd lot and partial round lot orders to accommodate portfolio orders. 27 For an example of how MatchPoint allocates shares on a *pro rata* basis, *see* Notice, *supra* note 3, at 65790. 1. Portfolio Trading A MatchPoint user may submit NYSE MatchPoint Portfolios into the MatchPoint system for execution. 28 An NYSE MatchPoint Portfolio is a group of linked orders with user-directed parameters and a unique, user-defined portfolio name. 29 The portfolio orders may represent separate and distinct broker-dealer-customer orders and separate and distinct proprietary broker-dealer orders. A user may enter one portfolio of buy and sell/short orders or many portfolios of buy and sell/short orders. 28 *See* proposed Rule 1500(d)(2)(D). 29 *See* proposed Rule 1500(b)(2)(g). 2. Internal Match Constraints MatchPoint portfolio users may effectuate internal matches and simultaneously match residual shares against orders from other users within a single matching session when using an optional internal match constraint. This type of constraint enables the user to execute trades between the same user's portfolios first before trading with other available orders in a particular matching session. If any residual orders remain after an internal match occurs, the residual portfolios will trade with all other orders. Single orders may be designated for internal matches as well. Internal matches have priority over other executions. MatchPoint will first process internal matches and then process all other orders in the matching session. All user-directed constraints will be honored in the internal match. An internal match constraint, like a MatchPoint order, is active only for a single matching session. A user may resubmit a new internal match constraint when resubmitting an order for a different matching session. All orders that are designated with an internal match designation and entered by the same user are eligible for matching with all such orders. For example, single orders that have an internal match designation are capable of matching with all other orders entered by the same user that have an internal match designation. Portfolio orders within a portfolio that are designated for internal matches are also capable of matching with one another when entered by the same user. Such orders are allocated on a *pro rata* basis. 30 30 For an example of how an internal match is executed, *see* Notice, *supra* note 3, at 65791. 3. Net Cash Constraints MatchPoint portfolio users may utilize an optional “net cash” constraint. 31 A user entering a single order may also place a net cash constraint on that order. To execute a net cash constraint, a user must enter a specific net buy dollar amount and a specific net sell dollar amount for a portfolio. A net cash constraint is active only for a single matching session. A user may resubmit a new net cash constraint when resubmitting an order for a different matching session. 31 *See* proposed Rule 1500(b)(2)(C) and (d)(2)(D). When calculating a customer's net cash constraint position, the matching algorithm takes into account the eligible portfolio order shares in a specific security, the Reference Price of the security and the customer's net cash constraint. MatchPoint first processes the stock with the largest orders in the largest portfolios. In order to honor all cash constraints, the matching algorithm processes all single and portfolio orders in a particular security that have net cash constraints and calculates share allocation by applying a percentage of the original order size to contra side shares that are available to fill the order. The algorithm takes this percentage calculation and multiplies it by the Reference Price. This calculation is then compared to the order's net cash constraint and determines if the allocation of the available contra side shares will violate the order's net cash constraint. If the calculation violates the net cash constraint, these shares will not be allocated to the contra side order but may be allocated to other eligible orders. This algorithmic process continues until all eligible orders are executed. 32 A net cash constraint placed on a portfolio may affect the execution of other orders in the matching session by generally allowing additional shares for such other orders to be executed. In addition, net cash constraints will generally result in fewer executions of a portfolio and may inhibit the maximum order execution potential of a particular security in a particular matching session. 32 For examples of

(1)how portfolios, with and without a net cash constraint, are executed in MatchPoint and

(2)a chart comparing the post match customer net cash position results ( *i.e.* , total dollars raised and total dollars spent), *see* Notice, *supra* note 3, at 65791-92. 4. Price Collar Threshold in the After Hours Matching Session In the after hours matching session, the Exchange will place parameters called a “Price Collar Threshold” on the prices of all MatchPoint eligible securities in order to dampen volatility and provide accurate pricing for executions. A Price Collar Threshold is an after hours market price beyond which a MatchPoint order will not be executed. 33 In a situation in which the market has moved significantly from the official closing price of the primary market based on information that becomes available after the market close, the Exchange will cancel the after hours MatchPoint matching session rather than execute the matching session at a price that no longer reflects the market accurately. All unexecuted orders will be immediately cancelled back to the user upon completion of the matching session. The Price Collar Threshold will be set at two percent (2%) initially, and may later be adjusted by the Exchange, up to a maximum of five percent (5%) of the MatchPoint after hours Reference Price. 34 33 *See* proposed Rule 1500(a)(2)(J) and (c)(2)(B). 34 The Exchange has represented that it will inform its users of any such adjustment via the NYSE MatchPoint Web site at *http://www.nyse.com/MatchPoint* and the Member Firm Notice, and will provide notice of such adjustments to all users reasonably in advance of any such adjustment. For an example of how the Price Collar Threshold is calculated, *see* Notice, *supra* note 3, at 65793. 5. Locked and Crossed Markets If the NBBO for a particular security is locked at the time of a MatchPoint matching session during the regular trading hours of the Exchange, the matching session will execute orders at the locked price. 35 Unexecuted MatchPoint orders in that security will be cancelled back to the user immediately upon completion of the matching session. 35 *See* proposed Rule 1500(c)(1)(B). If the NBBO for a particular security is crossed at the time of a MatchPoint matching session during the regular trading hours of the Exchange, the matching session in that particular security will not occur. 36 Unexecuted MatchPoint orders in that security will be cancelled back to the user immediately upon completion of the matching session. 36 *See* proposed Rule 1500(c)(1)(C). D. Regulatory 1. Halting, Suspending and Closing of MatchPoint Trading on NYSE Trading on MatchPoint will be halted, suspended or closed 37 when necessary in order to maintain a fair and orderly market, and in certain other conditions, as described below. 38 If trading in a particular security is halted, suspended or closed due to regulatory or unusual market conditions at the time a matching session commences, the matching session will not occur in that security and all unexecuted orders will be immediately cancelled back to the user upon completion of the matching session. 37 The use of the word “close” in the context of this rule refers to the intentional closing of the market due to regulatory or other unusual circumstances as described above, and does not refer to the predetermined “close” or end of the regular trading day at 4 p.m. 38 *See* proposed Rule 1500(f). MatchPoint trading may be halted, suspended or closed when:

(1)In the exercise of its regulatory capacity, the Exchange determines such action is necessary or appropriate to maintain a fair and orderly market, to protect investors, or otherwise is in the public interest due to extraordinary circumstances or unusual market conditions;

(2)in the case of a particular security whenever, for regulatory purposes, trading in the related security has been halted, suspended or closed on the Exchange or the primary listing exchange;

(3)in the case of a particular security trading on the Exchange pursuant to UTP, whenever, for regulatory purposes, trading in that security has been halted, suspended or closed on the primary listing exchange;

(4)with respect to a particular security trading on the Exchange pursuant to UTP, if the authority under which a security trades on the Exchange or its primary market is revoked ( *i.e.* , because it is delisted); or

(5)in the after hours matching session, news reports and/or corporate actions are disclosed after the close of the regular hours of the market that have a material impact on a particular security, which may include the following situations:

(a)New corporate earnings;

(b)major market index company deletions or additions;

(c)corporate takeovers;

(d)other significant corporate actions;

(e)court decisions and injunctions; and

(f)governmental announcements. 39 No terms or conditions specified in the proposed rule would be interpreted to be inconsistent with any other rules of the Exchange. 39 *Id.* 2. Clearance and Settlement of MatchPoint Executions Details of each MatchPoint trade will be automatically matched and compared by the Exchange and will be submitted to a registered clearing agency for clearing and settlement on a locked-in basis. 40 All executions effected by a member or member organization will be cleared and settled using the member's and member organization's account, and all executions effected by a sponsored participant will be cleared and settled using the relevant sponsoring member organization's account. 40 *See* proposed Rule 1500(e)(1). MatchPoint transaction reports will indicate the details of the transaction but not to reveal contra party and clearing firm identities, except under the following circumstances:

(1)In the event the NSCC 41 ceases to act for a member or member organization, which is the unidentified contra side of any such trade processing, and/or the relevant clearing firm, the NYSE would have the responsibility to identify to members or member organizations the trades included in reports produced by the NSCC which are with the affected member or member organization, and

(2)for regulatory purposes or to comply with an order of a court or arbitrator. 42 41 Completed MatchPoint trades will be submitted for clearance and settlement to National Securities Clearing Corporation (“NSCC”), which is a subsidiary of the Depository Trust and Clearing Corporation. 42 *See* proposed Rule 1500(e)(2) and (e)(3). The trade reports that the NSCC will receive from MatchPoint for anonymous trades will contain the identities of the parties to the trade. This measure will enable the NSCC to conduct its risk management functions and settle anonymous trades. The trade report sent to the NSCC will contain an indicator noting that the trade is anonymous. On the contract sheets the NSCC issues to its participants, the NSCC will substitute “ANON” for the acronym of the contra-party. 3. Dissemination of Trading Information The MatchPoint system will report trade information to the Securities Information Processors for all MatchPoint eligible securities. Trades will be reported as one print for each security with the total volume of the transaction reported with the price. Market data for NYSE-listed securities will be disseminated via the consolidated tape pursuant to the Consolidated Tape Association Plan (“CTA Plan”). 43 Trade reports of securities that are governed by the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on an Unlisted Trading Privilege Basis (“UTP Plan”) will be disseminated pursuant to the UTP Plan. 44 All trades will indicate the market of execution as the NYSE for CTA and UTP purposes. 43 *See* proposed Rule 1500(c)(1). 44 *Id.* 4. Member Organization and Non-Member Access to MatchPoint Members and member organizations of the Exchange are automatically eligible for access to MatchPoint by their membership on the Exchange. A non-member who wishes to trade securities on MatchPoint may do so as a “Sponsored Participant” of a member organization, *i.e.* , “Sponsoring Member Organization,” and must enter into a written agreement with the Sponsoring Member Organization and with the Exchange. 45 All members, member organizations, and Sponsored Participants of Sponsoring Member Organizations must first obtain connectivity authorization before they can access MatchPoint. 46 45 *See* proposed Rule 1500(g)(1). 46 *See* proposed Rule 1500(g)(2). The proposed rule requires the Sponsoring Member Organization and the Sponsored Participant to enter into a sponsorship arrangement and maintain a written “sponsorship agreement.” The sponsorship agreement must be agreed to by both the Sponsoring Member Organization and the Sponsored Participant and include provisions for “Authorized Traders.” 47 Such written agreement must include the Sponsoring Member's consent to sponsor the Sponsored Participant. 48 47 *See* proposed Rule 1500(g)(3)(D). 48 The provisions that must be included in the proposed sponsorship agreement are outlined in the Notice, *supra* note 3. *See* proposed Rule 1500(g)(3)(B). III. Discussion and Commission Findings After careful consideration, 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 49 and, in particular, the requirements of section 6 of the Act. 50 Specifically, the Commission finds that the proposed rule change is consistent with section 6(b)(5) of the Act, 51 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, and 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, and are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. MatchPoint, via both single order and portfolio trading, would provide market participants and investors with an additional mechanism for order execution. The Commission, in relying on NYSE's representation that participation in the matching session would be voluntary and open to all eligible NYSE market participants and would not result in any advantage to market participants that participate in matching sessions over those market participants that do not choose to participate, believes that MatchPoint is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. 49 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). 50 15 U.S.C. 78f. 51 15 U.S.C. 78f(b)(5). NYSE has proposed to execute matching session orders at a predetermined Reference Price at a randomly selected point in time during a one-minute trading window. The Commission notes that using the automated and random matching mechanism to execute a matching session cross should minimize the opportunity for manipulation. In addition, the Commission notes that, should NYSE desire to institute additional matching sessions or to modify the time of matching sessions in the future, it must submit a rule change to the Commission pursuant to 19(b) of the Act. 52 52 15 U.S.C. 78s(b). A. Trading Ahead Because matching session orders that are executed during the regular hours session would be executed at the midpoint of the NBBO, it is possible that a NYSE member would trade ahead of a held customer order by less than $0.01 ( *i.e.* , $ 0.005). In the event a MatchPoint order executes at the midpoint of the NBBO and results in a member or member organization's trading ahead of a held customer order at the same price, NYSE Rule 92 (Limitations on Member's Trading Because of Customers' Orders) may be implicated. Rule 92(a) generally restricts a member or member organization from entering a proprietary order while in possession of a customer order. Rule 92(b) through

(d)provides several exceptions to the general restrictions of Rule 92(a). The Commission notes that the Exchange has stated that all users must comply with Rule 92(a) when trading on the MatchPoint system unless such trading falls within an applicable exception in NYSE Rule 92(b) through (d). B. Section 11(a) of the Act Section 11(a) of the Act prohibits a member of a national securities exchange from effecting transactions on that exchange for its own account, the account of an associated person, or an account over which it or its associated person exercises discretion (“Covered Accounts”) unless an exception applies. 53 Rule 11a2-2(T), known as the “effect versus execute” rule, provides exchange members with an exemption from the section 11(a) prohibition. To comply with Rule 11a2-2(T)'s conditions, a member:

(1)Must transmit the order from off the exchange floor;

(2)may not participate in the execution of the transaction once it has been transmitted to the member performing the execution;

(3)may not be affiliated with the executing member; and

(4)with respect to an account over which the member has investment discretion, neither the member nor its associated person may retain any compensation in connection with effecting the transaction without express written consent from the person authorized to transact business for the account in accordance with the Rule. NYSE requests that the Commission concur with its interpretation that MatchPoint orders entered from off the floor of the Exchange comply with these provisions of Rule 11a2-2(T). 53 15 U.S.C. 78k(a). 1. Off-Floor Transmission The requirement in Rule 11a2-2(T) for orders to be transmitted from off the exchange floor reflects Congress's intent that section 11(a) should operate to put member money managers and non-member money managers on the same footing for purposes of their transactions for covered accounts. In considering other automated systems, the Commission and the staff have stated that the off-floor transmission requirement would be met if a covered account order is transmitted from off the floor directly to the exchange floor by electronic means. 54 Because all orders for Covered Accounts sent to MatchPoint will be electronically submitted directly to the system from locations other than on the Exchange floor, 55 the Commission believes that orders transmitted for execution on MatchPoint satisfy the off-floor transmission requirement. 54 *See* Securities Exchange Act Release Nos. 54552 (September 29, 2006), 71 FR 59546 (October 10, 2006) (order approving proposed rule change of the American Stock Exchange LLC to establish new hybrid market); 29237 (May 31, 1991) (regarding NYSE's Off-Hours Trading Facility); and 15533 (January 29, 1979), 44 FR 6084 (January 31, 1979) (regarding the Amex Post Execution Reporting System, the Amex Switching System, the Intermarket Trading System, the Multiple Dealer Trading Facility of the Cincinnati Stock Exchange, the PCX's Communications and Execution System, and the Phlx's Automated Communications and Execution System) (“1979 Release”). *See also* Letter from Paula R. Jensen, Deputy Chief Counsel, Division of Market Regulation, Commission, to Angelo Evangelou, Senior Attorney, Chicago Board Options Exchange (“CBOE”), dated March 31, 2003 (regarding CBOE's CBOEdirect system) (“CBOEdirect Letter”); Letter from Paula R. Jenson, Deputy Chief Counsel, Division, Commission, to Jeffrey P. Burns, Assistant General Counsel, American Stock Exchange LLC (“Amex”), dated July 9, 2002 (regarding Amex's auto-ex system for options); Letter from Paula R. Jenson, Deputy Chief Counsel, Division, Commission, to Richard S. Rudolph, Counsel, Philadelphia Stock Exchange, Inc. (“Phlx”), dated April 15, 2002 (regarding Phlx's AUTOM System and its automatic execution feature AUTO-X); Letter from Paula R. Jenson, Deputy Chief Counsel, Division, Commission, to Kathryn L. Beck, Senior Vice President, Special Counsel and Antitrust Compliance Officer, Pacific Exchange, Inc. (“PCX”), dated October 25, 2001 (regarding Archipelago Exchange (“ArcaEx”)) (“ArcaEx Letter”); and Letter from Brandon Becker, Director, Division, Commission, to George T. Simon, Foley & Lardner, dated November 30, 1994 (regarding Chicago Match) (“Chicago Match Letter”). 55 The Commission notes that NYSE Rule 1500(g)(4)(B) will prohibit members from entering orders into the MatchPoint system from the floor of the Exchange when such orders are for their own accounts, the accounts of associated persons, or accounts over which it or an associated person exercises investment discretion. Further, the rule also prohibits members from having such orders entered into MatchPoint by sending them to an off-floor facility for entry. Members with authorized access to MatchPoint may only enter customer orders into the MatchPoint system from the floor of the Exchange. 2. Non-Participation in Order Execution Rule 11a2-2(T) further provides that the exchange member and its associated persons may not participate in the execution of the transaction once the order has been transmitted to the exchange floor. 56 This requirement was included to prevent members with their own brokers on the exchange floor from using those persons to influence or guide their orders' execution. This requirement does not preclude members from canceling or modifying orders, or from modifying the instructions for executing orders, after they have been transmitted to the floor. Such cancellations or modifications, however, also must be transmitted from off the exchange floor. 57 56 *See* Securities Exchange Act Release No. 44983 (October 25, 2001), 66 FR 55225 (November 1, 2001) (Order approving ArcaEx as the equities trading facility of PCX Equities Inc.); 1979 Release, *supra* note 54. *See also* CBOEdirect Letter, *supra* note 54; Letter from Larry E. Bergmann, Senior Associate Director, Division, Commission, to Edith Hallahan, Associate General Counsel, Phlx, dated March 24, 1999 (regarding Phlx's VWAP Trading System); Letter from Catherine McGuire, Chief Counsel, Division, to David E. Rosedahl, PCX dated November 30, 1998 (regarding OptiMark); Chicago Match Letter, *supra* note 54. 57 *See* Securities Exchange Act Release No. 14563 (March 14, 1978), 43 FR 11542 (March 17, 1978); *see also* Securities Exchange Act Release No. 53128 (January 13, 2006), 71 FR 3550 (January 23, 2006) (order approving Nasdaq Stock Market LLC's registration as a national securities exchange) (“Nasdaq Exchange Order”). The Commission has stated that the non-participation requirement is satisfied by automated systems when the member's use of such a system entails relinquishing the ability to influence or guide the execution of a covered account order once transmitted into the system. 58 In MatchPoint, matching sessions commence automatically at a predetermined time. Matching, trading and pricing of orders is effectuated through a fixed algorithm, which does not permit entry, correction or cancellation of orders during the matching session. Once a member submits an order to the MatchPoint system, the order will be executed pursuant to the MatchPoint algorithm and in accordance with Exchange rules. Although a member will still have the ability to modify or cancel an order entered into the MatchPoint system (prior to the commencement of the matching session), they will not otherwise have control over their order. Because MatchPoint users will relinquish control of their orders upon transmission to the MatchPoint system, and will not be able to influence or guide the execution of their orders, the Commission believes that the non-participation requirement is met with respect to orders that are executed automatically in MatchPoint. 58 *See* 1979 Release, *supra* note 54; *see also, e.g.* , Securities Exchange Act Release Nos. 54422 (September 11, 2006), 71 FR 54537 (September 15, 2006) (order approving proposed rule change of CBOE to establish a screen based trading system for non-option securities) (“CBOE STOC Order”); 51666 (May 9, 2005), 70 FR 25631, 25633 (May 13, 2005) (order approving proposed rule change by International Securities Exchange, Inc. to establish facilitation, block order and solicited order mechanism). 3. Execution Through Unaffiliated Member Although Rule 11a2-2(T) contemplates having an order executed by an exchange member who is unaffiliated with the member initiating the order, the Commission has recognized that the requirement is not applicable when automated exchange facilities are used, if the execution of the order is automatic once it has been transmitted into the system, and if the design of the system ensures that members do not possess any special or unique trading advantages in handling their orders after transmitting them to the system. 59 In such instances, the Commission has stated that executions obtained through these systems satisfy the independent execution requirement of Rule 11a2-2(T). 60 The Commission notes that NYSE has represented that the MatchPoint system is designed to ensure that members using MatchPoint will not possess any special or unique trading advantages in the handling of their orders after transmitting them to the MatchPoint system. 59 In considering the operation of automated execution systems operated by an exchange, the Commission has noted that while there is no independent executing exchange member, the execution of an order is automatic once it has been transmitted into the system. Because the design of these systems ensures that members do not possess any special or unique trading advantages in handling their orders after transmitting them to the exchange, the Commission has stated that executions obtained through these systems satisfy the independent execution requirement of Rule 11a2-2(T). *See* 1979 Release, *supra* note 54; *see also, e.g.* , Securities Exchange Act Release No. 54365 (August 25, 2006), 71 FR 52192 (September 1, 2006) (order approving initial phase of the Boston Stock Exchange, Inc.'s proposed rule change to establish Boston Equities Exchange Trading System) (“BeX Phase I Order”); CBOE STOC Order, *supra* note 58. 60 *See* 1979 Release, *supra* note 54; *see also, e.g.* , Securities Exchange Act Release No. 54238 (July 28, 2005), 71 FR 44758 (August 7, 2006) (order approving proposed rule change of NYSE Arca, Inc. to establish the OX trading platform); Nasdaq Exchange Order, *supra* note 57. 4. Non-Retention of Compensation for Discretionary Accounts The Commission notes that MatchPoint users who intend to rely on Rule 11a2-2(T) in connection with transactions using the MatchPoint system must comply with the requirements of Section (a)(2)(iv) of the Rule. In reliance on NYSE's representations and for the reasons set forth above, the Commission believes that members entering orders into the MatchPoint system would satisfy the requirements of Rule 11a2-2(T) under the Act. C. Surveillance The Commission notes that NYSE Regulation has represented that it has appropriate policies and procedures in place to adequately and effectively regulate the MatchPoint system, and that a surveillance plan will be implemented prior to any trading to monitor the operation of MatchPoint. Also, the Financial Industry Regulatory Authority, Inc. (“FINRA”), as agent for NYSE Group, will perform examinations of specialist firms that trade on MatchPoint. 61 61 As stated in the Notice, *supra* note 3, FINRA examiners will perform an on-site review of the combined specialist firm's written policies and procedures and determine if they are adequate in relation to trading on MatchPoint. In addition, FINRA will interview appropriate individuals both within the affected departments as well as other areas of the specialist firm to determine whether firm policies have been appropriately disseminated and appear to be followed in relation to MatchPoint trading. The examination will also determine whether there have been any apparent breaches of the information barriers. IV. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 62 that the proposed rule change (File No. SR-NYSE-2007-102), as modified by Amendment No. 1 thereto, be, and it hereby is, approved. 62 15 U.S.C. 78s(b)(2). 63 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 63 Nancy M. Morris, Secretary. [FR Doc. E7-25626 Filed 1-3-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57059; File No. SR-NYSEArca-2006-76] 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 Trading Shares of the Nuveen Commodities Income and Growth Fund Pursuant to Unlisted Trading Privileges December 28, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on October 27, 2006, NYSE Arca, Inc. (the “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 March 8, 2007, May 4, 2007, and June 12, 2007, NYSE Arca submitted Amendment Nos. 1, 2 and 3, respectively, to the proposed rule change. This order provides notice of the proposed rule change as modified by Amendment Nos. 1, 2, and 3, and approves the proposal, as amended, 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 add new NYSE Arca Equities Rule 8.500 to permit the listing and trading of units of a trust or other similar entity (“Trust Units”) that invests in the assets of a trust, partnership, limited liability company, corporation or other similar entity constituted as a commodity pool that holds investments comprising or otherwise based on futures contracts, options on futures contracts, forward contracts, commodities and high credit quality short-term fixed income securities or other securities. Pursuant to proposed new NYSE Arca Equities Rule 8.500, the Exchange seeks to trade Trust Units 3 of the Nuveen Commodities Income and Growth Fund (“Trust” or “Fund”) pursuant to unlisted trading privileges (“UTP”). The text of the proposed rule change is available at the Exchange's principal office, the Commission's Public Reference Room, and *http://www.nyse.com.* 3 The Trust Units of the Fund are referred to herein as the “Shares.” 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 Exchange proposes to add new NYSE Arca Equities Rule 8.500 in order to permit trading, either by listing or pursuant to UTP, of Trust Units. When the Exchange is the listing market for the Trust Units, the Trust Units will be subject to the continued listing and trading criteria under proposed new NYSE Arca Equities Rule 8.500(d). In such an event, the Exchange would file a Form 19b-4 to list such Trust Units. Pursuant to proposed NYSE Arca Equities Rule 8.500, the Exchange proposes to trade pursuant to UTP the Shares, which represent beneficial ownership interests in the assets of the Fund, consisting solely of units (“Master Fund Units”) of the Nuveen Commodities Income and Growth Master Fund, LLC (the “Master Fund”). 4 The Commission has approved the listing and trading of such Shares on the American Stock Exchange, LLC (“Amex”). 5 4 The Fund and the Master Fund are commodity pools. The Master Fund is managed by Nuveen Commodities Asset Management, LLC (the “Manager”). The Manager is registered as a commodity pool operator (the “CPO”) and a commodity trading advisor (the “CTA”) with the Commodity Futures Trading Commission (“CFTC”) and is a member of the National Futures Association (“NFA”). 5 *See* Securities Exchange Release No. 56880 (December 3, 2007), 72 FR 69259 (December 7, 2007) (“Amex Approval Order”). *See also* Securities Exchange Release No. 56465 (September 19, 2007), 72 FR 54489 (“Notice”). The Fund's primary investment objective is to seek total return through broad exposure to the commodities markets. The Fund's secondary objective is to provide investors with monthly income and capital distributions not commonly associated with commodity investments. The Fund intends to pursue these investment objectives by investing all of its assets in the Master Fund, which in turn intends to pursue these investment objectives by utilizing:

(a)An actively managed rules-based commodity investment strategy, whereby the Master Fund will invest in a diversified basket of commodity futures and forward contracts with an aggregate notional value substantially equal to the net assets of the Master Fund; and

(b)a risk management program designed to moderate the overall risk and return characteristics of the Master Fund's commodity investments. The NAV for the Fund will be calculated and disseminated daily. 6 In addition, the Web site for the Fund and the Manager, *http://www.nuveen.com* , which is publicly accessible at no charge, will contain the following information:

(a)The prior business day's NAV and the reported closing price;

(b)calculation of the premium or discount of such price against such NAV; and

(c)other applicable quantitative information. During the initial offering period, the Fund's prospectus also will be available on the Fund's Web site. The Fund's total portfolio holdings will also be disclosed on the Fund's Web site on each business day that the Amex is open for trading. 7 This Web site disclosure of portfolio holdings (as of the previous day's close) will be made daily and will include, as applicable:

(a)The name and value of each commodity investment,

(b)the value of over-the-counter commodity put options and the value of the collateral as represented by cash,

(c)cash equivalents; and

(d)debt securities held in the Fund's portfolio. The values of the Fund's portfolio holdings will, in each case, be determined in accordance with the Fund's valuation policies. The Amex will also make available on its Web site daily trading volume, closing prices, and the NAV, according to the Notice. The closing price and settlement prices of the futures contracts held by the Master Fund are also readily available from the relevant futures exchanges, automated quotation systems, published or other public sources, or on-line information services such as Bloomberg or Reuters. The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. Shares will trade on the NYSE Arca Marketplace in accordance with NYSE Arca Equities Rule 7.34. The Exchange represents that it has appropriate rules to facilitate transactions in the Shares during all trading sessions. The minimum trading increment for Shares on the Exchange will be $0.01. The Exchange represents that trading of the Shares will be subject to NYSE Arca Equities, Inc. Rule 8.500 (f)-(h), which sets forth certain restrictions on ETP Holders 8 acting as registered Market Makers in Trust Units that invest in the Shares to facilitate surveillance. Because the Exchange is trading the Shares pursuant to UTP, the Exchange will cease trading the Shares if:

(a)The listing market stops trading the Shares because of a regulatory halt similar to a halt based on NYSE Arca Equities Rule 7.12; or

(b)the listing market delists the Shares. In addition, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares. Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include:

(1)The extent to which trading in the underlying related futures contract(s) is not occurring; or

(2)whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. In addition, if the Exchange becomes aware that the total portfolio holdings or the NAV are not disseminated to all market participants at the same time, it will immediately halt trading in the Shares. 9 The Exchange intends to utilize its existing surveillance procedures applicable to derivative products to monitor trading in the Shares. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules. The Exchange's current trading surveillance focuses on detecting securities trading 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 may obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges who are members or affiliates of the ISG, including Chicago Board of Trade (“CBOT”), Chicago Mercantile Exchange (“CME”), and New York Board of Trade (“NYBOT”). 10 In addition, the Exchange has in place Information Sharing Agreements with Intercontinental Exchange (“ICE FUTURES”), London Metals Exchange (“LME”), and New York Mercantile Exchange (“NYMEX”) for the purpose of providing information in connection with trading in or related to futures contracts traded on the respective exchanges. Prior to the commencement of trading, the Exchange will inform its ETP Holders in an Information Bulletin (“Bulletin”) of the special characteristics and risks associated with trading the Shares. Specifically, the Bulletin will discuss the following:

(1)What the Shares are;

(2)NYSE Arca Equities Rule 9.2(a), 11 which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares;

(3)the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and

(4)trading information. In addition, the Bulletin will reference that the Fund is subject to various fees and expenses described in the registration statement. The Bulletin will also reference the fact that there is no regulated source of last sale information regarding physical commodities, that the SEC has no jurisdiction over the trading of physical commodities, and that the CFTC has regulatory jurisdiction over the trading of futures contracts and options on futures contracts. The Bulletin will also reference that the forward contracts are traded on the LME, which is subject to regulation by the Securities and Investment Board in the United Kingdom and the Financial Services Authority. In addition, the Bulletin will also indicate that OTC instruments or products may effectively be unregulated. The Bulletin will also discuss any exemptive, no-action and interpretive relief granted by the Commission from any rules under the Act. The Bulletin will also disclose that the NAV for the Shares will be calculated after 4 p.m. ET each trading day. 2. Statutory Basis 6 The NAV will be calculated daily and made available to all market participants at the same time. If the NAV is not being disseminated as required, the Amex has represented that it may halt trading during the day in which the interruption to the dissemination of the NAV occurs. If the interruption to the dissemination of the NAV persists past the trading day in which it occurred, the Amex has represented that it will halt trading no later than the beginning of the trading day following the interruption. 7 The disclosure of the portfolio holdings will be made to all market participants at the same time. If the portfolio holdings are not being disseminated as required, Amex has represented that it may halt trading during the day in which the interruption to the dissemination of the portfolio holdings occurs. If the interruption to the dissemination of the portfolio holdings persists past the trading day in which it occurred, Amex has represented that it will halt trading no later than the beginning of the trading day following the interruption. 8 “ETP Holder means a sole proprietorship, partnership, corporation, limited liability company, or other organization in good standing that has been issued an Equity Trading Permit or “ETP.” An ETP Holder must be a registered broker or dealer pursuant to section 15 of the Act. *See* 15 U.S.C. 78o(b). 9 *See* E-mail from Timothy J. Malinowski, Director, NYSE Euronext, to Ronesha Butler, Special Counsel, Division of Trading and Markets (“Division”), Commission, dated December 27, 2007 (“E-mail from Timothy J. Malinowski”). 10 For a list of the current members and affiliate members of ISG, *see http://www.isgportal.com.* The Exchange notes that not all of the underlying securities may trade on exchanges that are members or affiliate members of the ISG. 11 The Exchange amended NYSE Arca Equities Rule 9.2(a) to provide that ETP Holders, before recommending a transaction, must have reasonable grounds to believe that the recommendation is suitable for the customer based on any facts disclosed by the customer as to his other security holdings and as to his financial situation and needs. Further, the proposed rule amendment provides, with a limited exception, that prior to the execution of a transaction recommended to a non-institutional customer, the ETP Holders shall make reasonable efforts to obtain information concerning the customer's financial status, tax status, investment objectives, and any other information that they believe would be useful to make a recommendation. *See* Securities Exchange Release No. 54045 (June 26, 2006), 71 FR 37971 (July 3, 2006) (SR-PCX-2005-115). 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 prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. In addition, the Exchange believes that the proposed rule change is consistent with Rule 12f-5 under the Act 14 because the Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. 12 15 U.S.C. 78f(b). 13 15 U.S.C. 78f(b)(5). 14 17 CFR 240.12f-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 an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2006-76 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-2006-76. 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 offices 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-2006-76 and should be submitted on or before January 25, 2008. 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 modified, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. 15 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 16 which requires that an exchange have rules designed, among other things, 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 Commission believes that this proposal should benefit investors by increasing competition among markets that trade the Shares. 15 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). 16 15 U.S.C. 78f(b)(5). In addition, the Commission finds that the proposal is consistent with Section 12(f) of the Act, 17 which permits an exchange to trade, pursuant to UTP, a security that is listed and registered on another exchange. 18 The Commission notes that it has approved the listing and trading of the Shares on Amex. 19 The Commission also finds that the proposal is consistent with Rule 12f-5 under the Act, 20 which provides that an exchange shall not extend UTP to a security unless the exchange has in effect a rule or rules providing for transactions in the class or type of security to which the exchange extends UTP. The Exchange has represented that it meets this requirement because it deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. 17 15 U.S.C. 78 *l* (f). 18 Section 12(a) of the Act, 15 U.S.C. 78 *l* (a), generally prohibits a broker-dealer from trading a security on a national securities exchange unless the security is registered on that exchange pursuant to section 12 of the Act. Section 12(f) of the Act excludes from this restriction trading in any security to which an exchange “extends UTP.” When an exchange extends UTP to a security, it allows its members to trade the security as if it were listed and registered on the exchange even though it is not so listed and registered. 19 *See* Amex Approval Order, *supra* note 5. 20 17 CFR 240.12f-5. The Commission further believes that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 21 which sets forth Congress's 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. The Exchange represents that futures, forwards and related exchange-traded options quotes and last sale information for the commodity contracts are widely disseminated through a variety of market data vendors worldwide, including Bloomberg and Reuters. In addition, the Exchange further represents that complete real-time data for such futures, forwards and exchange-traded options is available by subscription from Reuters and Bloomberg. The relevant futures and forward exchanges also provide delayed futures and forward contract information on current and past trading sessions and market news free of charge on their respective Web sites. The specific contract specifications for the futures and forward contracts are also available from the futures and forward exchanges on their Web sites as well as other financial informational sources. Finally, the Web site for the Fund and the Manager, which will be publicly accessible at no charge, will contain the following information:

(a)The prior business day's NAV and the reported closing price;

(b)calculation of the premium or discount of such price against such NAV; and

(c)other applicable quantitative information. Furthermore, the Commission believes that the proposal to list the Trust Units and trade the Shares pursuant to UTP is reasonably designed to promote fair disclosure of information that may be necessary to price the Shares appropriately. The Exchange represents that trading of the Shares is subject to proposed NYSE Arca Equities Rule 8.500(f) which sets forth certain restrictions to prevent the use of material non-public corporate or market information by ETP Holders acting as registered Market Makers in Trust Units. The Commission notes that if the Exchange is the listing market, the Exchange will obtain a representation from the issuer of each of the series of Trust Units that the NAV will be calculated daily and made available to all market participants at the same time. 22 In addition, the Exchange represents that, if it is the listing market, the disclosure of the portfolio composition of the Trust Units will be made to all market participants at the same time. 23 21 15 U.S.C. 78k-1(a)(1)(C)(iii). 22 *See* NYSE Arca Equities Rule 8.500(d)(1)(ii). 23 *See* E-mail from Timothy J. Malinowski, Director, NYSE Euronext, to Ronesha Butler, Special Counsel, Division, Commission, dated December 21, 2007. The Commission also believes that the Exchange's trading halt rules are reasonably designed to prevent trading in the Shares when transparency is impaired. Proposed NYSE Arca Equities Rule 8.500(d)(2)(i)(B)(ii) provides that the Exchange will halt trading in the Shares if the circuit breaker parameters of Rule 7.12 have been reached. In addition, the Exchange represents that, if the Exchange becomes aware that the total portfolio holdings or the NAV are not disseminated to all market participants at the same time, NYSE Arca shall immediately halt trading in the Shares. 24 If the Exchange is the listing market and the portfolio holdings and NAV are not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the portfolio holdings or NAV occurs. 25 If the Exchange is the listing market and the interruption to the dissemination of the portfolio holdings or NAV 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. 26 24 *See* E-mail from Timothy J. Malinowski, *supra* note 9. 25 *See* NYSE Arca Equities Rule 8.500(d)(2)(ii). 26 *Id.* The Commission further believes that the trading rules and procedures to which the Shares will be subject pursuant to this proposal are consistent with the Act. The Exchange has represented that the Shares are equity securities subject to NYSE Arca Equities rules governing the trading of equity securities. The Commission notes that, if the Shares should be delisted by the listing exchange, the Exchange would no longer have authority to trade the Shares pursuant to this order. In support of this proposal, the Exchange has made the following representations: 1. The Exchange's existing surveillance procedures applicable to derivative products are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules. In addition, the Exchange has represented that it has Information Sharing Agreements with ICE FUTURES, LME, and NYMEX and may obtain market surveillance information via the ISG and other from other exchanges that are members or affiliates of ISG, including CBOT, CME, and NYBOT. 2. Prior to the commencement of trading, the Exchange will inform its ETP Holders in a Bulletin of the special characteristics and risks associated with trading the Shares. 3. The Bulletin will discuss the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction. This approval order is based on the Exchange's representations. The Commission finds good cause for approving this proposal before the thirtieth day after the publication of notice thereof in the **Federal Register** . As noted above, the Commission has approved the original listing and trading of the Shares on Amex. 27 The Commission presently is not aware of any regulatory issue that should cause it to revisit that finding or would preclude the trading of the Shares on the Exchange pursuant to UTP. Accelerating approval of this proposal should benefit investors by creating, without undue delay, additional competition in the market for such Shares. 27 *See* Amex Approval Order, *supra* note 5. V. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 28 that the proposed rule change (SR-NYSEArca-2006-76), as modified, be, and it hereby is, approved, on an accelerated basis. 28 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 29 29 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-25623 Filed 1-3-08; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-57047; File No. SR-NYSEArca-2007-127] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To List and Trade Shares of the iShares MSCI Belgium Index Fund December 27, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 13, 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 December 19, 2007, the Exchange filed Amendment No. 1 to the proposed rule change. This order provides notice of the proposed rule change, as amended, and approves the amended proposal 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 list and trade shares (“Shares”) of the iShares MSCI Belgium Index Fund (“Fund”). 3 The text of the proposed rule change is available at the Exchange's principal office, the Commission's Public Reference Room, and *http://www.nyse.com* . 3 The Shares are issued by iShares, Inc., an open-ended management investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a). 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 Exchange proposes to list and trade the Shares of the Fund pursuant to NYSE Arca Equities Rule 5.2(j)(3), the Exchange's listing standards for Investment Company Units (“ICUs”). 4 The Shares are currently listed on the New York Stock Exchange LLC (“NYSE”) 5 and traded by the Exchange pursuant to unlisted trading privileges (“UTP”). 6 The Exchange states that, if the Commission approves this proposed rule change, the listing and trading of the Shares will transfer from NYSE to NYSE Arca, and the Shares will cease trading on NYSE. 4 An Investment Company Unit is a security that represents an interest in a registered investment company that holds securities comprising, or otherwise based on or representing an interest in, an index or portfolio of securities (or holds securities in another registered investment company that holds securities comprising, or otherwise based on or representing an interest in, an index or portfolio of securities). *See* NYSE Arca Equities Rule 5.2(j)(3)(A). 5 *See* Securities Exchange Act Release No. 52816 (November 21, 2005), 70 FR 71574 (November 29, 2005) (SR-NYSE-2005-70) (approving the listing and trading of the Shares, among others). 6 *See* Securities Exchange Act Release No. 55017 (December 28, 2006), 72 FR 1044 (January 9, 2007) (SR-NYSEArca-2006-34) (approving the trading of the Shares, among others, pursuant to UTP). The Fund seeks to provide investment results that correspond generally to the price and yield performance, before fees and expenses, of publicly traded securities in the aggregate in the Belgian market, as represented by the MSCI Belgium Investable Market Index (the “Index”). The Index is designed to cover approximately 99% of the investable large-, mid-, and small-cap securities of the Belgian market. NYSE Arca represents that the Shares meet each of the “generic” listing requirements of Commentary .01(a)(B) to NYSE Arca Equities Rule 5.2(j)(3) applicable to the listing of ICUs based on equity securities comprising international or global indexes, except for the requirements set forth in Commentary .01(a)(B)(3) to NYSE Arca Equities Rule 5.2(j)(3) that:

(1)The most heavily weighted component stock must not exceed 25% of the weight of the index or portfolio; and

(2)the five most heavily weighted component stocks must not exceed 60% of the weight of the index or portfolio. The Exchange represents that, as of December 1, 2007, the most heavily weighted component stock represented 28.58% of the weight of the Index, and the five most heavily weighted component stocks represented 61.58% of the weight of the Index. Because the heavily weighted component stocks of the Index fall below the required minimum percentages in Commentary .01(a)(B)(3) to NYSE Arca Equities Rule 5.2(j)(3), the Exchange has filed the proposed rule change to list and trade the Shares. The Exchange represents that, except for Commentary .01(a)(B)(3) to NYSE Arca Equities Rule 5.2(j)(3), the Shares currently satisfy all of the generic listing standards under NYSE Arca Equities Rule 5.2(j)(3) and further represents that the continued listing standards under NYSE Arca Equities Rule 5.5(g)(2) applicable to Investment Company Units shall apply to the Shares. Detailed descriptions of the Fund, the Index, and the Shares can be found in the Registration Statement 7 or on the Web site for the Fund ( *http://www.ishares.com* ). *Availability of Information.* The Exchange states that quotations for and last-sale information regarding the Shares is disseminated through the facilities of the Consolidated Tape Association (“CTA”). The Index value is calculated by Morgan Stanley Capital International, Inc. (“MSCI”), the Index provider, for each trading day in the applicable foreign exchange markets based on official closing prices in such exchange markets and publicly disseminates the Index values for the previous day's close. 8 MSCI or third-party major market data vendors will make available at least every 60 seconds an updated Index value when foreign trading market hours overlap with the Core Trading Session (9:30 a.m. to 4:15 p.m. ET). 9 When the foreign markets are closed during Exchange trading hours, the Fund will provide closing Index values on *http://www.ishares.com* . iShares, Inc. will cause to be made available daily the names and required number of shares of each of the securities to be deposited in connection with the issuance of the Fund's Shares, as well as information relating to the required cash payment representing, in part, the amount of accrued dividends for the Fund. 7 *See* iShares, Inc.'s Registration Statement on Form N-1A, as supplemented through December 6, 2007 (File Nos. 33-97598 and 811-09102) (“Registration Statement”). 8 The Exchange notes that, when a broker-dealer or its affiliate, such as MSCI, is involved in the development and maintenance of a stock index upon which a product such as iShares is based, the broker-dealer or its affiliate should have procedures designed specifically to address the improper sharing of information. *See* Securities Exchange Act Release No. 52178 (July 29, 2005), 70 FR 46244 n.18 (August 9, 2005) (SR-NYSE-2005-41) (describing the procedures which must be in place to prevent the improper sharing of information). The Exchange represents that MSCI has implemented procedures to prevent the misuse of material, non-public information regarding changes to component stocks in the MSCI, in accordance with the requirements of Commentary .01(b)(1) to NYSE Arca Equities Rule 5.2(j)(3). 9 *See* NYSE Arca Equities Rule 7.34. The Commission has approved the Shares to trade in all three trading sessions on the Exchange:

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

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

(3)Late Trading Session (4 p.m. to 8 p.m. ET). *See* Securities Exchange Release No. 56627 (October 5, 2007), 72 FR 58145 (October 12, 2007) (SR- NYSEArca-2007-75) (approving the Shares, among others, to be traded in all trading sessions). In addition, the Indicative Optimized Portfolio Value or “IOPV” on a per-Share basis will be calculated by an independent third party and disseminated through the facilities of the CTA at least every 15 seconds during the Core Trading Session. 10 The Exchange states that, because the Fund utilizes a representative sampling strategy, the IOPV likely will not reflect the value of all securities included in the Index or necessarily reflect the precise composition of the current portfolio of securities held by the Fund at a particular moment. The Exchange notes that the IOPV disseminated during the Core Trading Session should not be viewed as a real-time update of the NAV of the Fund, which is calculated only once a day. 10 The Exchange states that there is an overlap in trading hours between the foreign and U.S. markets for the Fund and the foreign market that trades securities in the underlying Index. Therefore, the IOPV calculator will update the IOPV at least every 15 seconds to reflect price changes in the applicable foreign market and convert such prices into U.S. dollars based on the currency exchange rate. When the foreign market is closed and the U.S. markets are open, the IOPV will be updated at least every 15 seconds to reflect changes in currency exchange rates after the foreign market closes. The Fund administrator, State Street Bank and Trust Company, will calculate the net asset value or “NAV” for the Fund once a day on each day that the NYSE is open for trading, generally at 4 p.m. ET. The NAV will also be available to the public on *http://www.ishares.com* , from the Fund distributor by means of a toll-free phone number, and to participants of the National Securities Clearing Corporation. Information with respect to recent NAV, number of Shares outstanding, estimated cash amount, total cash amount per Creation Unit Aggregation, 11 and other data with respect to the Fund will also be disseminated prior to the opening of the Core Trading Session on a daily basis by means of CTA and Consolidated Quote High Speed Lines. In addition, the Web site for the Fund will contain the following information, on a per-Share basis:

(1)The prior business day's NAV, the mid-point of the bid-ask price at the time of calculation of such NAV (“Bid/Ask Price”), 12 and a calculation of the premium or discount of such price against such NAV; and

(2)data in chart format displaying the frequency distribution of discounts and premiums of the Bid/Ask Price against the NAV, within appropriate ranges, for each of the four previous calendar quarters. Finally, the Exchange states that MSCI's Web site at *http://www.mscibarra.com* will make available the components of the Index, and the holdings of the Fund will be available at *http://www.ishares.com* . The Exchange represents that the information on the Fund Web site will be available to all market participants at the same time. 11 *See* Registration Statement, *supra* note 7 (providing the definition of Creation Unit Aggregation and the procedures for purchasing and redeeming Shares). 12 The Bid-Ask Price of the Fund is determined using the highest bid and lowest offer on the Exchange as of the time of calculation of the Fund's NAV. *Trading Rules and Halts.* The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. As stated earlier, the Shares will trade on the Exchange from 4 a.m. to 8 p.m. ET in accordance with NYSE Arca Equities Rule 7.34. The Exchange represents that it has appropriate rules to facilitate transactions in the Shares during all trading sessions, including rules governing trading halts, as provided in NYSE Arca Equities Rule 5.5(g)(2)(b). *Surveillance.* The Exchange intends to utilize its existing surveillance procedures applicable to Investment Company Units to monitor trading in the Shares. The Exchange represents that these procedures, which focus on detecting when securities trade outside their normal patterns, are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules. The Exchange further represents that it may obtain information via the Intermarket Surveillance Group (“ISG”) from other exchanges that are members or affiliate members of ISG. 13 The Exchange states that it has a general policy prohibiting the distribution of material, non-public information by its employees. 13 The Exchange notes that one or more of the securities comprising the Index may trade on exchanges that are not members or affiliate members of ISG, and the Exchange may not have in place comprehensive surveillance sharing agreements with such exchanges. *Information Bulletin.* Prior to the commencement of trading, the Exchange will inform its ETP Holders 14 in an Information Bulletin (“Bulletin”) of the special characteristics and risks associated with trading the Shares. Specifically, the Bulletin will discuss:

(1)The procedures for purchases and redemptions of Shares in Creation Unit Aggregations (and that Shares are not individually redeemable);

(2)NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares;

(3)how information regarding the IOPV is disseminated;

(4)the risks involved in trading the shares during the Opening and Late Trading Sessions when an updated IOPV will not be calculated or publicly available;

(5)the requirement that ETP Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and

(6)trading information. In addition, the Bulletin will reference that the Fund is subject to various fees and expenses described in the Registration Statement and will also discuss any exemptive, no-action, or interpretive relief granted by the Commission from provisions of the Act and the rules thereunder. The Bulletin will also disclose that the NAV for the Shares will be calculated after 4 p.m. ET each trading day. 14 *See* NYSE Arca Equities Rule 1.1 (defining ETP Holder as a registered broker or dealer that is a sole proprietorship, partnership, corporation, limited liability company, or other organization in good standing that has been issued an Equity Trading Permit or “ETP”). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 15 in general, and furthers the objectives of Section 6(b)(5) of the Act, 16 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 15 15 U.S.C. 78f(b). 16 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange states that written comments on the proposed rule change were neither solicited nor recieved. 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-NYSEArca-2007-127 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-2007-127. 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-2007-127 and should be submitted on or before January 25, 2008. 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. 17 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 18 which requires that the rules of a national securities exchange be designed, among other things, 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. 17 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). 18 15 U.S.C. 78f(b)(5). Although NYSE Arca Equities Rule 5.2(j)(3) permits the Exchange to list and trade ICUs, the Shares do not meet all of the generic listing requirements 19 under such rule because the components of the Index do not meet the requirements of Commentary .01(a)(B)(3) to NYSE Arca Equities Rule 5.2(j)(3). Commentary .01(a)(B)(3) to NYSE Arca Equities Rule 5.2(j)(3) requires that, upon the initial listing of any series of ICUs pursuant to Rule 19b-4(e) under the Act, the most heavily weighted component stock must not exceed 25% of the weight of the index or portfolio, and the five most heavily weighted component stocks must not exceed 60% of the weight of the index or portfolio. According to the Exchange, as of December 1, 2007, the most heavily weighted component stock represented 28.58% of the weight of the Index, and the five most heavily weighted component stocks represented 61.58% of the weight of the Index. Such percentages miss the minimum required thresholds by 3.58% and 1.58%, respectively, and therefore the Shares cannot be listed and traded pursuant to the generic listing standards of NYSE Arca Equities Rule 5.2(j)(3). 19 The generic listing requirements under NYSE Arca Equities Rule 5.2(j)(3) permit the listing and trading of ICUs pursuant to Rule 19b-4(e) under the Act (17 CFR 240.19b-4(e)). 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), 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 Commission believes, however, that the listing and trading of the Shares is consistent with the Act. The Commission notes that, based on the Exchange's representations, the Shares otherwise meet all of the other applicable generic listing standards under NYSE Arca Equities Rule 5.2(j)(3). The Commission further notes that it has previously approved the listing and trading of derivative securities products based on indices that were composed of stocks that did not meet certain quantitative generic listing criteria by only a slight margin. 20 20 *See, e.g.* , Securities Exchange Act Release No. 55953 (June 25, 2007), 72 FR 36084 (July 2, 2007) (SR-NYSE-2007-46) (approving the listing and trading of shares of the HealthShares TM Orthopedic Repair exchange-traded fund where the component stocks comprising the index that individually exceeded the minimum worldwide monthly trading volume of 250,000 shares during each of the last six months accounted, in the aggregate, for 86.2% of the weight of the index, narrowly missing compliance with the initial listing requirement by 3.8%); Securities Exchange Act Release No. 56695 (October 24, 2007), 72 FR 61413 (October 30, 2007) (SR-NYSEArca-2007-111) (approving the listing and trading of shares of the HealthShares TM Ophthalmology exchange-traded fund where the component stocks comprising the index that individually exceeded the minimum worldwide monthly trading volume of 250,000 shares during each of the last six months accounted, in the aggregate, for only 88.2% of the weight of the index, narrowly missing compliance with the generic listing standard by 1.8%). The Commission also finds that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the Act, 21 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. Quotations and last-sale information for the Shares will be disseminated through the facilities of the CTA. MSCI or third-party market data vendors will make available at least every 60 seconds an updated Index value during the Exchange's Core Trading Session. In addition, an independent third-party calculator will calculate and disseminate the IOPV through the facilities of the CTA at least every 15 seconds during the Exchange's Core Trading Session. Further, the Fund's Web site will disseminate information relating to the NAV and the Bid/Ask Price for the Shares, as well as the specific holdings of the Fund. 21 15 U.S.C. 78k-1(a)(1)(C)(iii). The Commission believes that the proposed rule change is reasonably designed to promote fair disclosure of information that may be necessary to appropriately price the Shares. Under Rule 5.2(j)(3)(v), the Exchange is required to obtain a representation from iShares, Inc. that the NAV per Share will be calculated daily and made available to all market participants at the same time. In addition, the Exchange represents that the Web site disclosure of the information regarding the Shares and the portfolio composition of the Fund will be made available to all market participants at the same time. The Exchange further represents that MSCI has procedures in place that comply with the requirements of Commentary .01(b)(1) to NYSE Arca Equities Rule 5.2(j)(3), which relates to restricted access of information concerning changes and adjustments to the Index. The Commission further believes that the trading rules and procedures to which the Shares would be subject pursuant to this proposal are consistent with the Act. The Shares would trade as equity securities and be subject to NYSE Arca's rules governing the trading of equity securities. The Commission also believes that the Exchange's trading halt rules under NYSE Arca Equities Rule 5.5(g)(2)(b) are reasonably designed to prevent trading in the Shares when transparency is impaired. In support of this proposal, the Exchange has made the following representations: 1. The Exchange would utilize its existing surveillance procedures applicable to ICUs to monitor trading of the Shares. The Exchange represents that such surveillance procedures are adequate to properly monitor the trading of the Shares. The Exchange may obtain trading information via the ISG from other exchanges that are members or affiliate members of ISG. 22 22 *See supra* note 13. 2. Prior to the commencement of trading, the Exchange will inform its ETP Holders in the Bulletin of the special characteristics and risks (including the risks involved in trading the Shares during the Opening and Late Trading Sessions when an updated IOPV will not be calculated or publicly available) associated with trading the Shares. The Bulletin will discuss the procedures for purchases and redemptions of Shares, the Exchange's suitability requirements, information regarding the IOPV, and prospectus delivery requirements. 3. The Exchange represents that iShares, Inc. is required to comply with Rule 10A-3 under the Act 23 for the initial and continued listing of the Shares. 23 17 CFR 240.10A-3. This approval order is based on the Exchange's representations. The Commission finds good cause, pursuant to Section 19(b)(2) of the Act, 24 for approving the proposed rule change prior to the 30th day after the date of publication of notice in the **Federal Register** . The Commission notes that the Shares are currently listed on NYSE and trading on the Exchange pursuant to UTP. This proposal would move the listing from NYSE to NYSE Arca. Given that the Shares comply with all of NYSE Arca's initial generic listing standards for ICUs (except for narrowly missing two requirements of Commentary .01(a)(B)(3) to NYSE Arca Equities Rule 5.2(j)(3)) the listing and trading of the Shares by NYSE Arca does not appear to present any novel or significant regulatory issues. Therefore, the Commission finds that there is good cause to approve the proposed rule change, as modified by Amendment No. 1 thereto, on an accelerated basis. 24 15 U.S.C. 78s(b)(2). V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) under the Act, 25 that the proposed rule change (SR-NYSEArca-2007-127), as modified by Amendment No. 1 thereto, be, and it hereby is, approved on an accelerated basis. 25 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 26 26 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-25581 Filed 1-3-08; 8:45 am] BILLING CODE 8011-01-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket Number PHMSA-2007-28119; Notice No. 07-9] Proposed Recommended Practices for Bulk Loading and Unloading of Hazardous Materials in Transportation AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA). ACTION: Notice; request for comments. SUMMARY: This notice solicits information and comments on proposed recommended practices for loading and unloading operations involving bulk packagings used to transport hazardous materials. In this notice, we summarize incident data related to bulk loading and unloading operations; discuss recommendations issued by the National Transportation Safety Board and the Chemical and Safety Hazard Investigation Board; provide an overview of current Federal regulations applicable to bulk loading and unloading operations; summarize the results of a public workshop we hosted earlier this year; and set forth proposed recommended practices for bulk loading and unloading operations. Based on information and comments received, we plan to consider strategies for enhancing the safety of bulk loading and unloading operations, including whether additional regulatory requirements may be necessary. In addition, we are soliciting comments on whether there are existing gaps and/or overlaps in regulations promulgated by PHMSA, OSHA, EPA and the USCG that adversely affect the safety of these operations, and how any identified gaps and/or overlaps in Federal regulations should be addressed. DATES: Submit comments by February 8, 2008. ADDRESSES: You may submit comments identified by the docket number (PHMSA-2007-28119) by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Fax:* 1-202-493-2251. • *Mail:* Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* To Docket Operations, Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. *Instructions:* All submissions must include the agency name and docket number for this notice at the beginning of the comment. Note that all comments received will be posted without change to the docket management system, including any personal information provided. *Docket:* For access to the dockets to read background documents or comments received, go to *http://www.regulations.gov* , or DOT's Docket Operations Office (see ADDRESSES ). PRIVACY ACT: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477), or you may visit *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Rick Boyle, Office of Hazardous Materials Technology,

(202)366-4545 or Kurt Eichenlaub, Office of Hazardous Materials Standards,

(202)366-8553, Pipeline and Hazardous Materials Safety Administration. SUPPLEMENTARY INFORMATION I. Background A recent PHMSA review of hazardous materials transportation incidents occurring over the past decade indicates that roughly one-quarter to one-half of all serious hazardous materials incidents may be associated with loading and unloading operations involving bulk packagings such as cargo tank motor vehicles

(CTMV)and rail tank cars. In addition, the National Transportation Safety Board

(NTSB)and the Chemical and Safety Hazard Investigation Board

(CSB)have investigated a number of accidents associated with these loading and unloading operations. PHMSA's data review and the NTSB and CSB investigations suggest that there may be opportunities to enhance the safety of such operations. A. PHMSA Analysis of Bulk Loading and Unloading Incidents On February 8, 2007, PHMSA issued, “A Summary Evaluation of Risk Associated with Bulk Loading/Unloading of Hazmat,” a summary report of a risk assessment conducted to identify risks associated with bulk loading and unloading operations for highway and rail transportation. The report provides both a qualitative and quantitative analysis of incident reports involving loading and unloading of bulk packagings submitted to PHMSA in accordance with the reporting criteria specified in § 171.16 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The report focuses on highway and rail transportation incidents because 89% of total incidents and 97% of all serious incidents occur during transportation operations in these two modes. Serious incidents in highway and rail transportation include any unintentional release that results in death, major injury, closure of a major transportation artery, release of radioactive material from a Type B package, suspected release of certain infectious substances, or release of a bulk quantity of hazardous material. The data used for the report are from the Hazardous Materials Information System (HMIS), as of January 7, 2007. The results of the data analysis showed that: • During the 2004-2006 period, 27% of all serious incidents occurred during bulk loading and unloading operations. • During the 2004-2006 period, hazardous materials shipments transported by highway and rail in bulk packagings were involved in approximately 9 out of 10 high consequence events. • The number of incidents occurring during the loading and unloading of bulk packagings has remained relatively unchanged over the last 10 years. • Many of the identified causes of both en route and storage incidents can be attributed to loading and unloading operations (i.e., overfilled, overpressurized, loose closure, component or device, etc.). PHMSA's summary report and analysis of bulk loading and unloading incident data is available for review in this docket. B. NTSB Accident Investigations NTSB has investigated several serious accidents related to bulk loading and unloading operations: • On July 14, 2001, in Riverview, Michigan, during unloading from a rail tank car, a pipe attached to a fitting on the unloading line fractured and separated, causing the release of methyl mercaptan. The methyl mercaptan ignited, engulfing the tank car in flames. Fire damage to cargo transfer hoses on an adjacent tank car resulted in the release of chlorine. Three plant employees were killed in the accident, and about 2,000 people in the surrounding neighborhood were evacuated from their homes. The fractured piping used for the unloading operation exhibited significant corrosion damage. As a result of this investigation, NTSB issued the following recommendations to DOT: ○ *I-02-1:* Develop, with the assistance of the Environmental Protection Agency and Occupational Safety and Health Administration, safety requirements that apply to the loading and unloading of railroad tank cars, highway cargo tanks, and other bulk containers that address the inspection and maintenance of cargo transfer equipment, emergency shutdown measures, and personal protection requirements. ○ *I-02-2:* Implement, after the adoption of safety requirements developed in response to Safety Recommendation I-02-01, an oversight program to ensure compliance with these requirements. • On September 13, 2002, in Freeport, Texas, a tank car containing about 6,500 gallons of hazardous waste ruptured at a transfer station. The car had been steam-heated to permit the transfer of the waste to a CTMV for subsequent disposal. As a result of the accident, 28 people received minor injuries, and residents living within one mile of the accident site had to shelter in place for 5 1/2 hours. The tank car, highway cargo tank, and transfer station were destroyed. The force of the explosion propelled a 300-pound tank car dome housing about 1/3 mile away from the tank car. Two storage tanks near the transfer station were damaged; they released about 660 gallons of the hazardous material oleum (fuming sulfuric acid and sulfur trioxide). As a result of its investigation, NTSB issued the following recommendation to PHMSA: ○ *R-04-10:* In cooperation with the Occupational Safety and Health Administration and the Environmental Protection Agency, develop regulations that require safe operating procedures to be established before hazardous materials are heated in a railroad tank car for unloading; at a minimum, the procedures should include the monitoring of internal tank pressure and cargo temperature. NTSB has also issued previous recommendations I-88-1 and I-88-2 to the Department of Transportation, and R-02-16 to the Federal Railroad Administration related to loading and unloading safety requirements: ○ *I-88-1:* Establish safety requirements for the movement and temporary storage of hazardous materials at intermodal transportation facilities. ○ *I-88-2:* Strengthen minimum safety requirements for loading and unloading of hazardous materials to provide adequate, uniform safety in all modes of transportation. ○ *R-02-16:* Issue a hazardous materials bulletin to warn companies involved in tank car loading and unloading operations that tank car excess flow valves cannot be relied upon to stop leaks that occur during these operations. C. CSB Accident Investigations CSB has investigated two incidents in which chlorine was released during rail tank car unloading operations: • On August 14, 2002, in Festus, Missouri, approximately 24 tons of chlorine was released during a three-hour period following the rupture of an unloading hose. The magnitude of the incident was exacerbated because the emergency shut down system failed to operate properly. Consequently, 48,000 pounds of chlorine was released, resulting in the evacuation or shelter-in-place of hundreds of residents. Three residents were admitted to the hospital. • On August 11, 2005, in Baton Rouge, Louisiana, a chlorine transfer hose ruptured. However, the emergency shut down system operated properly, and the release ended in under a minute. The successful activation of the emergency shut-down system prevented a major release and off-site impact. As a result of its investigations, CSB issued DOT the following recommendation: ○ *2006-06-I-LA-RI:* Expand the scope of DOT regulatory coverage to include chlorine rail car unloading operations. Ensure the regulations specifically require remotely operated emergency isolation devices that will quickly isolate a leak in any of the flexible hoses (or piping components) used to unload a chlorine rail car. The shutdown system must be capable of stopping a chlorine release from both the rail car and the facility chlorine receiving equipment. Require the emergency isolation system be periodically maintained and operationally tested to ensure it will function in the event of an unloading system chlorine leak. D. OSHA/EPA/USCG Requirements Both the Occupational Safety and Health Administration

(OSHA)and the Environmental Protection Agency

(EPA)regulate operations involving the handling of hazardous materials at fixed facilities. For example, OSHA's Process Safety Management

(PSM)standard (29 CFR 1910.119) contains requirements for processes that use, store, manufacture, handle, or transport particular chemicals on-site. Bulk loading and unloading operations involving PSM-covered chemicals are subject to the requirements of the PSM standard. The OSHA standards also include requirements for the handling and storage of specific hazardous materials, such as compressed gases, flammable and combustible liquids, explosives and blasting agents, liquefied petroleum gases, and anhydrous ammonia. Similarly, EPA regulations establish a general duty for facility owners or operators to identify hazards associated with the accidental releases of extremely hazardous substances, design and maintain a safe facility as needed to prevent such releases, and minimize the consequences of releases. In addition, stationary sources with more than a threshold quantity of a regulated substance in a process are subject to EPA's accident prevention regulations, including the requirement to develop risk management plans (40 CFR Part 68). The U.S. Coast Guard

(USCG)maintains regulations that apply to hazardous materials directly loaded or unloaded to or from a hold or tank on a vessel without the use of containers or break-bulk packaging (46 CFR Parts 148-154). In addition, the USCG regulations establish requirements for the transfer of hazardous material to or from a portable tank while on a vessel; and, requirements for waterfront facilities engaged in the handling, storage, loading, discharging or transportation of packaged hazardous materials and solid bulk cargo (33 CFR Part 126). II. PHMSA Regulations 1. Requirements Applicable to Loading and Unloading Operations The HMR include requirements for loading and unloading railroad tank cars, CTMVs, and other bulk containers. Part 174 of the HMR, which applies to the transportation of hazardous materials by rail, establishes general loading and unloading requirements for hazardous materials and specific loading and handling requirements for shipments of Class 1 (Explosive), Class 2 (Non-flammable, Flammable, and Poison gases), Class 3 (Flammable liquid), Division 6.1 (Poison), and Class 7 (Radioactive) materials. Part 177 of the HMR, which applies to the transportation of hazardous materials by motor carrier, establishes general hazardous materials loading and unloading requirements and specific loading and unloading requirements applicable to Class 1 (Explosive), Class 2 (Non-flammable, Flammable, and Poison gases), Class 3 (Flammable liquid), Class 4 (Flammable solid, Spontaneously combustible, and Dangerous when wet), Class 5 (Oxidizer and Organic peroxide), Division 6.1 (Poison), Class 7 (Radioactive), and Class 8 (Corrosive) materials. The HMR also include additional loading requirements applicable to rail tank cars, portable tanks, cargo tanks, and intermodal bulk containers in §§ 171.31, 173.32, 173.33, and 173.35. 2. Cargo Tank Motor Vehicles and Loading/Unloading Equipment The HMR include requirements for the inspection and maintenance of cargo transfer equipment, such as piping and transfer hoses, that is part of bulk packaging or carried on a vehicle used to transport a bulk packaging. The HMR require each operator of a CTMV to conduct periodic tests and inspections of the CTMV and its attachments and appurtenances, including piping and transfer hoses used for loading and unloading the CTMV. Each operator must conduct external visual inspections, internal visual inspections, leakage tests, and pressure tests in accordance with the schedule established in § 180.407(c). Section 180.407 also sets forth the specific procedures to be followed for each inspection or test. In addition, for CTMVs used to transport liquefied compressed gases, each operator must visually inspect each CTMV's cargo transfer equipment, including piping and hoses installed or carried on the CTMV, at least once each month (see § 180.416). These periodic inspections and tests help to ensure that each CTMV and its cargo transfer equipment are free of leaks or other defects that could adversely affect the safe operation of the CTMV, including the safety of loading and unloading operations. 3. Cargo Tank Motor Vehicle Emergency Shutdown Requirements The HMR require DOT specification CTMVs to be equipped with emergency discharge control systems. For example, an MC 330 or 331 CTMV used to transport liquefied compressed gases must be equipped with an emergency discharge control system activated automatically or by remote control in the event of an unloading emergency. In addition, each CTMV operator must carry on the vehicle written emergency discharge control procedures for all delivery operations. An MC 338 CTMV tank must be equipped with a remotely controlled self-closing shutoff valve with both a mechanical and thermal means of automatic closure. On DOT 406, 407, and 412 CTMVs, each loading/unloading outlet must be fitted with a self-closing system capable of closing the outlet(s) in an emergency within 30 seconds of actuation. On DOT 406, 407, and 412 CTMVs used to transport flammable, pyrophoric, oxidizing, or poisonous materials, the remote means of closure must be capable of thermal activation. 4. Training Requirements Each person who performs a function regulated under the HMR must be trained (see Subpart H of Part 172). This training must include general awareness, function-specific, safety, and security training. Thus, each person who performs a loading or unloading function regulated under the HMR must be trained concerning all aspects of that function, including emergency shutdown procedures. In addition, each person who performs a loading or unloading function regulated under the HMR must be trained concerning specific hazards associated with the materials handled and personal protection measures. III. Consensus Standards We are aware of a variety of existing national consensus standards that address bulk loading and unloading operations. For example, the Chlorine Institute has developed loading and unloading procedures for chlorine (e.g., Pamphlet 57, “Emergency Shut-off Systems for Bulk Transfers of Chlorine; Pamphlet 66, “Recommended Practices for Handling Chlorine Tank Cars; Pamphlet 91, “Checklist for Chlorine Packaging Plants, Chlorine Distributors and Tank Car Users of Chlorine”). The Association of American Railroads

(AAR)has developed Pamphlet 34, “Recommended Methods for the Safe Loading and Unloading of Tank Cars.” The American Chemistry Council has developed the Responsible Care® management system, which establishes an integrated, structured approach to drive results in seven key areas: community awareness and emergency response; security; distribution; employee health and safety; pollution prevention; process safety; and product stewardship. PHMSA reviewed some of these industry standards to ascertain if existing standards provide the necessary amplification of the basic loading and unloading practices proposed in this notice. The industry standards address a number of topics related to the loading and unloading of hazardous materials and are different based upon the type of hazardous material, the physical form of the material, the mode of transportation, and the type of packaging used to transport the material. While the standards exhibit differences in specific detail, there are a number of common general safety topic areas, such as, risk evaluation, development of operational procedures, maintenance and testing of equipment, training, and emergency response. The available industry standards clearly demonstrate industry's focus on safety issues associated with loading and unloading operations. Virtually all standards specifically require the use of personal protective equipment, often specifying in detail the equipment that should be used. In addition, most standards include considerable detail concerning activities that appear to be associated with the greatest personal risk (e.g., assuring evacuation of all hazardous material residues from tanks before required interior inspections). The wide variety of industry standards applicable to loading and unloading operations provide useful information on industry standard practices, which we considered in the development of the recommended practices proposed in this notice. PHMSA recognizes that it reviewed only a sampling of guidelines and standards that are available to the bulk hazardous materials shipping industry. The documents are representative of what is available to industry and were submitted by those industry personnel who believe additional guidance would be useful. IV. Public Workshop On June 14, 2007, PHMSA hosted a public workshop to bring stakeholders together for conceptual discussions on the risks associated with loading and unloading bulk hazardous materials and the range of actions that could be taken by the government and industry to address those risks. In the May 11, 2007 public notice advertising this workshop (72 FR 26864), we invited interested persons to submit comments related to the issues discussed at the workshop. Representatives from industry, federal agencies, state and local government, standards organizations, the emergency response community, employee groups, environmental and public interest organizations, and the public participated in the meeting. The workshop consisted of a series of panel presentations on specific topics followed by discussions of the issues presented. Issues covered at the workshop included:

(1)Incident data analysis and evaluation;

(2)NTSB and CSB accident reports;

(3)loading and unloading procedures and recommended practices;

(4)whether there are gaps in the safety and regulatory programs;

(5)training; and

(6)emergency response. Many workshop participants voiced strong support for the development of loading and unloading procedures, suggesting that development and adoption of such “recommended practices” or consensus standards could significantly improve the safety of loading and unloading operations. A working group of shippers, carriers, and industrial package organizations (Interested Parties Working Group) developed, and presented for consideration, a draft operating procedures document for the loading, unloading, and incidental storage of hazardous materials in bulk packagings having a capacity of greater than 3,000 liters. The draft operating procedures document specifies information and processes that the Interested Parties Working Group recommends offerors, consignees, or transloading facility operators address in their operating procedures. Some key elements include recommendations applicable to pre-transfer operations (e.g., securement of the transport unit, and inspection of the transfer equipment and attachments), transfer operations (e.g., monitoring the temperature of the lading and the pressure of the containment vessel), post-transfer operations (e.g., evacuation of the transfer system and depressurization of the containment vessel), storage (e.g., monitoring for leaks and releases), and emergency procedures (e.g., use of emergency shut-down systems). The Interested Parties Working Group recommends that operators and facilities engaged in loading, unloading and incidental storage activities develop and implement written operating procedures inclusive of the elements outlined in the draft operating procedures document, which are based on a safety and security analysis of the functions performed at the particular loading, unloading, or storage location or facility. The complete draft operating procedures document presented by the working group is available for review in this docket. This docket also includes a transcript of the public workshop, presentations made by panel participants, comments presented at the workshop or during the comment period, and a petition for rulemaking submitted by the Dangerous Goods Advisory Council on November 19, 2007 requesting the adoption of operational procedures in the HMR applicable to loading, unloading and incidental storage of hazardous materials in bulk packagings. Prior to publication, a copy of this notice was provided for review to OSHA, EPA, NTSB, CSB, the International Association of Fire Chiefs, the National Association of State Fire Marshals, DGAC, and the Chlorine Institute. Comments we received from these agencies and organizations are posted on the Docket. V. Proposed Recommended Practices for Bulk Loading and Unloading Operations As a result of the collaborative effort between PHMSA and our stakeholders, we are proposing a set of recommended practices that would apply to loading and unloading operations involving hazardous materials in many different types of packagings and a number of different operational and modal contexts. These proposed recommended practices build on the submission from the Interested Parties Working Group, the NTSB and CSB recommendations related to loading and unloading of bulk packagings, and our analysis of bulk loading and unloading incidents. Note that these proposed recommended practices would supplement current HMR requirements applicable to loading and unloading operations. For example, the recommendations applicable to training would not replace the current requirements for general awareness, function specific, safety, and security training established in Subpart H of Part 172, but would be considered as additions to current training requirements and programs. Proposed Recommended Practices for Loading and Unloading Bulk Quantities of Hazardous Materials 1. Loading/Unloading Safety Analysis A shipper, carrier, or facility operator should conduct a thorough, orderly, systematic analysis to identify, evaluate and control the hazards associated with specific loading and unloading operations. The analysis should be appropriate to the complexity of the process and the materials involved in the operation. For example, the analysis should consider the hazards of the material to be loaded or unloaded, including any temperature or pressure controls necessary to ensure safe handling of the material, and conditions that could affect the safety of the process, such as access control, lighting, ignition sources, and physical obstructions. The analysis should also assess current procedures utilized to ensure the safety of loading and unloading operations and identify any areas where those procedures could be improved. 2. Loading/Unloading Operational Procedures Based on the safety analysis, the shipper, carrier, or facility operator should develop a step-by-step guide to loading and unloading that is clear, concise, and appropriate to the level of training and knowledge of its employees. The written guide should address pre-loading/pre-unloading procedures, loading/unloading procedures, and post-loading/post-unloading procedures.

(a)*Pre-loading/Pre-unloading procedures should include:*

(1)Inspection of the transport unit and transfer area. For example, shippers should ensure that a DOT specification packaging is marked to indicate that it has been designed, manufactured and maintained (including periodic inspection and testing) in accordance with specification requirements.

(2)Securing the transport unit against movement.

(3)Grounding and bonding of the transport unit, as warranted.

(4)Inspection of transfer equipment and connections, including hoses and valves, to ensure that they are free of defects, leaks, or other problems that could result in an unsafe condition.

(5)Identification and verification of piping path, equipment lineups and operational sequencing and procedures for connecting piping, hoses, or other transfer connections.

(6)Identification and verification that the materials that are being loaded or unloaded are being transferred into the appropriate packagings, temporary storage facilities, or production containment vessels and that the compatibility of the material to be transferred is appropriate, authorized and consistent with applicable procedures.

(b)*Loading/Unloading procedures should include:*

(1)Measures for initiating and controlling the lading flow. For example, if the material is to be heated prior to its transfer, the facility operator should analyze a sample of the material to ascertain the heat input to be applied, if warranted. The maximum heat input to be applied and the rate at which the heat input will be applied must not result in pressurization to a level that exceeds the packaging's test pressure.

(2)Measures for monitoring the temperature of the lading and pressure of the containment vessel ( *e.g.* , cargo tank or rail tank car) and receiving vessel ( *e.g.* , storage tank). For example, for loading or unloading operations involving heating of the material to be transferred, during the heating process, the facility operator should monitor the heat input applied to the containment vessel and the pressure inside the containment vessel to ensure that the heating process does not result in over-pressurization or an uncontrolled exothermic reaction.

(3)Measures for monitoring filling limits and ensuring that the quantity to be transferred is appropriate for the receiving vessel.

(4)Measures for terminating lading flow. For example, personnel responsible for monitoring a loading or unloading process should be familiar with shut-off equipment and procedures, and should be trained to take necessary actions to stop the lading flow as efficiently as possible.

(c)*Post-loading/Post-unloading procedures should include:*

(1)Measures for evacuation of the transfer system and depressurization of the containment vessel, as warranted.

(2)Measures for disconnecting the transfer system.

(3)Inspection and securement of transport unit fittings and closures.

(d)*Review and Revision of Procedures:* The operating procedures should be reviewed as often as necessary to ensure that they reflect current operating practices, materials, technology, personnel responsibilities, and equipment. To guard against outdated or inaccurate operating procedures, the hazmat employer should consider revalidating the operating procedures annually. 3. Emergency Management Appropriate emergency procedures should be identified and implemented, including identification of emergency response equipment and individuals authorized in its use; incident response procedures and clearly identified personnel responsibilities; personnel protection guidance and use of emergency shut-down systems; and, emergency communication and spill reporting. Emergency instrumentation and equipment appropriate to the loading or unloading operation should be identified, available, and in working order. Emergency procedures should be clear, concise, and available to workers. Emergency training, including the need for drills, should also be provided. Loading and unloading facilities may want to consider:

(a)Instrumentation to monitor for leaks and releases.

(b)Equipment to isolate leaks and releases and to take other appropriate emergency shutdown measures, remotely if necessary.

(c)Training in the use of emergency response equipment.

(d)Procedures for incident response.

(e)Procedures for use of emergency shut-down systems and the assignment of shut down responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.

(f)Procedures for emergency communication and spill reporting.

(g)Procedures of safe startup after an emergency shut down.

(h)Procedures and schedules for conducting drills and exercises necessary to demonstrate the efficacy of the plan, and to ensure a timely and efficient emergency response.

(i)Emergency procedures should be reviewed and updated as often as necessary to ensure that they reflect current operating practices, materials, technology, personnel responsibilities, and emergency response information. 4. Maintenance and Testing of Equipment Loading and unloading equipment and systems need to be properly maintained and tested. Shippers and carriers should develop and implement a periodic maintenance schedule to prevent deterioration of equipment and conduct periodic operational tests to ensure that the equipment functions as intended. Equipment and system repairs should be completed promptly. 5. Training Personnel involved in loading and unloading and emergency response operations need to know and understand their specific responsibilities during loading and unloading operations, including attendance or monitoring responsibilities. Consider training in the following areas:

(a)Overview of the loading/unloading process and, specifically, the portions of the process for which the employee is responsible;

(b)Safety systems and their functions;

(c)Emergency operations and procedures, including shutdown procedures;

(d)Additional safe work practices.

(e)Recurrent training as necessary to address changes to the procedures or personnel responsibilities. VI. Request for Comments Based on our analysis of incident data, the NTSB and CSB recommendations, and information and recommendations presented at the June 14 public workshop, we are considering strategies for enhancing the safety of bulk loading and unloading operations, including whether additional regulatory requirements may be necessary. To assist us in developing such strategies, we invite interested persons to submit comments on the issues and questions listed below: 1. PHMSA Proposed Recommended Practices As summarized above, the HMR include a number of requirements applicable to loading and unloading operations. We invite commenters to address whether the proposed recommended practices adequately address the safety concerns discussed in this notice and to suggest how the proposed recommended practices should be revised and strengthened. We are particularly interested in comments concerning whether our proposed recommended practices are consistent with Federal regulations and guidance or industry consensus standards applicable to bulk loading and unloading operations. We also welcome comments concerning the potential costs that may be incurred to implement our proposed recommended practices. Based on comments received, we will revise the recommended practices and may issue them as a guidance document for hazardous materials shippers and carriers that conduct bulk loading and unloading operations. In addition, we are considering whether additional regulatory requirements, similar to the measures in our proposed recommended practices, are necessary. We invite comments to address whether the recommended practices proposed in this notice should be incorporated into the HMR and, if so, how that could best be accomplished. Should the recommended practices apply to all bulk loading and unloading operations, or should the scope of the recommended practices be dependant upon the volume and/or type of bulk packaging being loaded or unloaded? Should the recommended practices apply to the shipper, carrier, and loading/unloading facility; or, should the recommended practices apply only to the facilities at which loading/unloading operations take place? What costs, if any, would be imposed on the regulated community if we choose to adopt regulations similar to these proposed recommended practices in the HMR? 2. PHMSA Regulations As described above, the HMR currently include a number of requirements applicable to bulk loading and unloading operations. In addition, the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency

(EPA)and the U.S. Coast Guard regulate operations involving the handling of certain hazardous materials at fixed facilities. We invite commenters to address whether the existing loading and unloading requirements in the HMR adequately address the risks associated with bulk loading and unloading operations. Are there gaps or overlaps in the standards and regulations promulgated by PHMSA, OSHA, EPA and the USCG that adversely affect the safety of these operations? If so, how should these gaps or overlaps be addressed? 3. National Consensus Standards We invite commenters to compare national consensus standards with which they are familiar to current Federal standards and regulations applicable to bulk loading and unloading operations and to the recommended practices proposed in this notice. Commenters should indicate whether and to what extent the national consensus standards are consistent with current Federal standards and regulations and the proposed recommended practices. Should we consider incorporating consensus standards applicable to bulk loading and unloading operations into the HMR? If so, how could this be accomplished, and which standards are appropriate? 4. Accident and Incident Information As indicated above, PHMSA conducted an analysis of bulk loading and unloading accidents submitted to the agency in accordance with the reporting criteria specified in § 171.16 of the HMR. This analysis did not consider accidents that may have occurred outside of transportation, as that term is defined for purposes of the HMR. We plan to work with the Occupational Safety and Health Administration

(OSHA)and the Environmental Protection Agency

(EPA)to fill that data gap by including incident data on bulk loading and unloading accidents that may have occurred outside of transportation, and therefore, were not reported to PHMSA in accordance with § 171.16. We invite commenters to submit any information on safety problems or incidents that may not have been reported, but that could help us to refine our assessment of the safety risks associated with loading and unloading operations and develop appropriate strategies for addressing those risks. We also ask commenters to suggest other data sources that could support this effort. Issued in Washington, DC on December 27, 2007. Theodore L. Willke, Associate Administrator for Hazardous Materials Safety. [FR Doc. 07-6300 Filed 1-3-07; 8:45 am]

Connectionstraces to 23

Traces to 23 documents

U.S. Code