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7774 Federal Register / Vol. 73, No.

28 / Monday, February 11, 2008 / Notices

five and ten year periods (or life of the of the scheduled matters at the Closed SECURITIES AND EXCHANGE
New Fund), (i) the cumulative total Meeting. COMMISSION
return and the average annual total Commissioner Atkins, as duty officer,
voted to consider the items listed for the [Release No. 34–57273; File No. SR–
return based on NAV and Bid/Ask Price, NYSEArca–2008–06]
and (ii) the cumulative total return of closed meeting in closed session.
the relevant local currency against the The subject matters of the Open Self-Regulatory Organizations; NYSE
U.S. dollar. Meeting scheduled for Wednesday, Arca, Inc.; Notice of Filing of Proposed
6. On each Business Day, before the February 13, 2008 will be: Rule Change Relating to the
commencement of trading in Shares on 1. The Commission will consider whether Dissemination of the Index Value for
a New Fund’s Listing Market, the New to propose amendments to its rules regarding Equity Index-Linked Securities
Fund will disclose on its website the the circumstances under which a foreign
identities and quantities of the money private issuer is required to register a class February 5, 2008.
of equity securities under section 12(g) of the Pursuant to Section 19(b)(1) of the
market securities and other assets held Exchange Act.
by the New Fund that will form the Securities Exchange Act of 1934
2. The Commission will consider whether (‘‘Act’’)1 and Rule 19b–4 thereunder,2
basis for the New Fund’s calculation of to propose a package of amendments to
NAV at the end of the Business Day. various Commission rules and forms to
notice is hereby given that on January
7. The Adviser and any subadviser, improve reporting by foreign private issuers. 11, 2008, NYSE Arca, Inc. (‘‘NYSE
The amendments, if adopted, would allow Arca’’ or ‘‘Exchange’’), through its
directly or indirectly, will not cause any
foreign private issuer status to be tested once wholly owned subsidiary, NYSE Arca
Authorized Participant (or any investor
a year; change the deadline for annual reports Equities, Inc. (‘‘NYSE Arca Equities’’),
on whose behalf an Authorized filed by foreign private issuers; revise the filed with the Securities and Exchange
Participant may transact with the New annual report and registration statement Commission (‘‘Commission’’) the
Fund) to acquire any Deposit Security forms used by foreign private issuers to proposed rule change as described in
for a New Fund through a transaction in improve disclosure; and amend the rule
regarding going private transactions to reflect
Items I, II, and III below, which Items
which the New Fund could not engage
recent regulatory changes. have been substantially prepared by the
directly.
3. The Commission will consider whether Exchange. The Commission is
8. The requested order will expire on publishing this notice to solicit
to propose amendments to Part 2 of Form
the effective date of any Commission ADV under the Investment Advisers Act of comments on the proposed rule change
rule under the Act that provides relief 1940 and related rules. The proposed from interested persons.
permitting the operation of actively- amendments, if adopted, would require
managed exchange-traded funds. investment advisers to provide clients with I. Self-Regulatory Organization’s
For the Commission, by the Division of narrative brochures containing plain English Statement of the Terms of Substance of
Investment Management, pursuant to descriptions of the advisers’ businesses, the Proposed Rule Change
delegated authority. services, and conflicts of interest. The
proposal also would require advisers to
The Exchange proposes to amend
Florence E. Harmon, electronically file their brochures with the NYSE Arca Equities Rule
Deputy Secretary. Commission, and the brochures would be 5.2(j)(6)(B)(I)(2)(c)(ii) to provide that the
[FR Doc. E8–2451 Filed 2–8–08; 8:45 am] available to the public through the Exchange will commence delisting or
BILLING CODE 8011–01–P
Commission’s Web site. removal proceedings if the value of an
4. The Commission will, as required by index or composite value of the indexes
section 109 of the Sarbanes-Oxley Act of underlying an issuance of Equity Index-
2002, review the annual accounting support Linked Securities3 is no longer
SECURITIES AND EXCHANGE fee of the Financial Accounting Standards
COMMISSION Board.
calculated or widely disseminated on at
least a 15-second basis with respect to
Sunshine Act Meetings The subject matter of the Closed an index or indexes containing only
Meeting scheduled for Friday, February securities listed on a national securities
Notice is hereby given, pursuant to 15, 2008 will be: exchange, or on at least a 60-second
the provisions of the Government in the Formal orders of investigation; basis with respect to an index or
Sunshine Act, Public Law 94–409, that Institution and settlement of indexes containing foreign country
the Securities and Exchange injunctive actions; securities. The text of the proposed rule
Commission will hold the following Institution and settlement of
change is available at the Exchange, the
meetings during the week of February administrative proceedings of an
Commission’s Public Reference Room,
11, 2008: An Open Meeting will be held enforcement nature;
Resolution of litigation claims; and and http://www.nyse.com.
on Wednesday, February 13, 2008 at 10
a.m., in the Auditorium, Room L–002, A regulatory matter regarding a II. Self-Regulatory Organization’s
and a Closed Meeting will be held on financial institution. Statement of the Purpose of, and
Friday, February 15, 2008 at 10 a.m. At times, changes in Commission Statutory Basis for, the Proposed Rule
Commissioners, Counsel to the priorities require alterations in the Change
Commissioners, the Secretary to the scheduling of meeting items.
For further information and to In its filing with the Commission, the
Commission, and recording secretaries Exchange included statements
ascertain what, if any, matters have been
will attend the Closed Meeting. Certain concerning the purpose of, and basis for,
added, deleted or postponed, please
staff members who have an interest in the proposed rule change and discussed
contact:
the matters may also be present. The Office of the Secretary at (202) any comments it received on the
The General Counsel of the 551–5400.
Commission, or his designee, has 1 15 U.S.C. 78s(b)(1).
rwilkins on PROD1PC63 with NOTICES

certified that, in his opinion, one or Dated: February 6, 2008. 2 17 CFR 240.19b–4.
more of the exemptions set forth in 5 Nancy M. Morris, 3 Equity Index-Linked Securities are securities

Secretary. that provide for the payment at maturity of a cash


U.S.C. 552b(c)(3), (4), (5), (7), (9)(B), and amount based on the performance of an underlying
(10) and 17 CFR 200.402(a)(3), (4), (5), [FR Doc. E8–2522 Filed 2–8–08; 8:45 am] index or indexes of equity securities. See NYSE
(7), 9(ii) and (10), permit consideration BILLING CODE 8011–01–P Arca Equities Rule 5.2(j)(6).

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