[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49393-49394]
[FR Doc No: 2021-18946]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92795; File Nos. SR-NYSE-2021-14, SR-NYSEAMER-2021-10,
SR-NYSEArca-2021-13, SR-NYSECHX-2021-03, SR-NYSENAT-2021-04]

Self-Regulatory Organizations; New York Stock Exchange LLC, NYSE
American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National,
Inc.; Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule
Changes To Amend the Schedule of Wireless Connectivity Fees and Charges
To Add Circuits for Connectivity Into and Out of the Data Center in
Mahwah, New Jersey

August 27, 2021.
    On February 12, 2021, New York Stock Exchange LLC, NYSE American
LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National, Inc.
(collectively, the ``Exchanges'') each 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 (1) add circuits for
connectivity into and out of the data center in Mahwah, New Jersey
(``Mahwah Data Center''); (2) add services available to customers of
the Mahwah Data Center that are not colocation Users; and (3) change
the name of the Fee Schedule to ``Mahwah Wireless, Circuits, and Non-
Colocation Connectivity Fee Schedule.'' The

proposed rule changes were published for comment in the Federal
Register on March 4, 2021.\3\ On April 7, 2021, pursuant to Section
19(b)(2) of the Act,\4\ the Commission designated a longer period
within which to either approve the proposed rule changes, disapprove
the proposed rule changes, or institute proceedings to determine
whether to approve or disapprove the proposed rule changes.\5\ On May
26, 2021, the Commission instituted proceedings to determine whether to
approve or disapprove the proposed rule changes.\6\ The Commission has
received comment letters on the proposed rule changes.\7\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 91217 (February 26,
2021), 86 FR 12715 (March 4, 2021) (SR-NYSE-2021-14); 91218
(February 26, 2021), 86 FR 12744 (March 4, 2021) (SR-NYSEAMER-2021-
10); 91216 (February 26, 2021), 86 FR 12735 (March 4, 2021) (SR-
NYSEArca-2021-13); 91219 (February 26, 2021), 86 FR 12724 (March 4,
2021) (SR-NYSECHX-2021-03); and 91215 (February 26, 2021), 86 FR
12752 (March 4, 2021) (SR-NYSENAT-2021-04) (collectively, the
``Notices'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 91490 (April 7,
2021), 86 FR 19313 (April 13, 2021). The Commission designated June
2, 2021, as the date by which it should approve, disapprove, or
institute proceedings to determine whether to approve or disapprove
the proposed rule changes.
    \6\ See Securities Exchange Act Release No. 92033 (May 26,
2021), 86 FR 29601 (June 2, 2021).
    \7\ Comments received on the Notices are available on the
Commission's website at: https://www.sec.gov/comments/sr-nyse-2021-14/srnyse202114.htm.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \8\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
changes were published for notice and comment in the Federal Register
on March 4, 2021.\9\ August 31, 2021 is 180 days from that date, and
October 30, 2021 is 240 days from that date.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See Notices, supra note 3.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule changes so that it has sufficient time to consider the proposed
rule changes, the issues raised in the comment letter that has been
submitted in connection therewith, and the Exchanges' response to the
comment letter. Accordingly, the Commission, pursuant to Section
19(b)(2) of the Act,\10\ designates October 30, 2021 as the date by
which the Commission should either approve or disapprove the proposed
rule changes (File Nos. SR-NYSE-2021-14, SR-NYSEAMER-2021-10, SR-
NYSEArca-2021-13, SR-NYSECHX-2021-03, SR-NYSENAT-2021-04).
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-18946 Filed 9-1-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68373-68374]
[FR Doc No: 2010-27940]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1946-DR; Docket ID FEMA-2010-0002]

Puerto Rico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Puerto Rico (FEMA-1946-DR), dated
October 26, 2010, and related determinations.

DATES: Effective Date: October 26, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 26, 2010, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Puerto Rico resulting from severe storms, flooding,
mudslides, and landslides associated with Tropical Storm Otto during
the period of October 4-8, 2010, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the Commonwealth of Puerto Rico.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Justo Hern[aacute]ndez, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Puerto Rico have been
designated as adversely affected by this major disaster:

    The municipalities of Aibonito, A[ntilde]asco, Gu[aacute]nica,
Guayama, Jayuya, Lares, Las Mar[iacute]as, Maricao, Mayag[uuml]ez,
Patillas, Ponce, Sabana Grande, Salinas, San Germ[aacute]n, Utuado,
Yabucoa, and Yauco for Public Assistance.
    All counties within the Commonwealth of Puerto Rico are eligible
to apply for assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-27940 Filed 11-4-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Rules and Regulations]
[Page 36171-36176]
[DOCID:fr23jn06-13]

-----------------------------------------------------------------------

Part II

Environmental Protection Agency

-----------------------------------------------------------------------

 40 CFR Part 26

Protections for Subjects in Human Research; Nursing Women; Direct Final
Rule and Proposed Rule

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 26

[EPA-HQ-OPP-2003-0132; FRL-8071-6]
RIN 2070-AD57

Protections for Subjects in Human Research; Nursing Women

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to explicitly ban research
for pesticides involving intentional exposure of human subjects who are
nursing women, and therefore providing protection to any nursing
infants who may also be exposed. The direct final rule also prohibits
EPA reliance in actions under the pesticide laws on research involving
intentional exposure of nursing women.

DATES: This direct final rule is effective on August 22, 2006 without
further notice, unless EPA receives adverse comment on or before July
24, 2006. If EPA receives adverse comments to the direct final rule,
EPA will publish a timely withdrawal document in the Federal Register
informing the public that this direct final rule rule will not take
effect.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2003-0132, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2003-0132. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: EPA has established a docket for this action under docket
ID number EPA-HQ-OPP-2003-0132. All documents in the docket are listed
in the index for the docket. Although listed in the docket index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not available through the electronic docket
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically at
http://www.regulations.gov or, if only available in hard copy, at the

Office of Pesticide Programs (OPP) Public Regulatory Docket, in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation for this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: William L. Jordan, Office of Pesticide
Programs (7501P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. What Does this Direct Final Rule Do?

    With this direct final rule, EPA clarifies the protections for
subjects of ``third-party'' human research (i.e., research that is not
conducted or supported by either EPA or by another Federal Department
or Agency under the ``Common Rule'') by prohibiting new research
involving intentional exposure of nursing women, intended for
submission to EPA under the pesticide laws, thereby providing
protection to any nursing infants who may also be exposed. This direct
final rule also prohibits any EPA research involving intentional
exposure of human subjects who are nursing women to pesticides or any
other substances. (Research conducted by EPA is referred to as ``first-
party'' research, and ``second-party'' research refers to research
supported by EPA but performed by others. ``Third-party'' research
refers to any research that is not ``first-party'' or ``second-party''
research.) Finally, this rule prohibits EPA reliance, in actions under
the pesticide laws, on human research involving intentional exposure of
nursing women as subjects.

B. Legal Authority

    This direct final rule is authorized under provisions of the
following statutes that EPA administers: Section 25(a) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136-
136y), which authorizes the Administrator to ``prescribe regulations to
carry out the purposes of [FIFRA],'' and section 408(e)(1)(C) of the
Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346a). FFDCA
authorizes the Administrator to issue a regulation establishing
``general procedures and requirements to implement [Section 408].'' In
addition, the portions of this regulation supplementing EPA's
codification of the Common Rule regarding first- and second-party
research are authorized pursuant to 5 U.S.C. 301 and 42 U.S.C. 300v-
1(b).
    This direct final rule amends the recently promulgated
``Protections for Subjects in Human Research Rule'' (hereinafter
referred to as the ``January 2006 rule'') to extend critical
protections for human research subjects contained in that rule to
nursing women and their nursing children. The January 2006 rule
published in the Federal Register on February 6, 2006 (71 FR 6138)
(FRL-7759-8). EPA is publishing this direct final rule without prior
proposal because the Agency believes that these amendments are non-
controversial and does not expect to receive adverse comments.
Nevertheless, EPA is also publishing a separate document in the
``Proposed Rules'' section of this issue of the Federal Register that
serves as the proposal to extend these critical protections for
subjects of human

research to nursing women and their nursing children, in the event that
adverse comments are submitted to EPA on or before July 24, 2006.
    This direct final rule is effective on August 22, 2006 without
further notice, unless EPA receives comments that are adverse to the
direct final rule on or before July 24, 2006. If EPA receives comments
that are adverse to this direct final rule, the Agency will publish a
timely withdrawal document in the Federal Register informing the public
that the direct final rule will not take effect on August 22, 2006. EPA
will then address all public comments received in a subsequent final
rule based on the proposed rule that is published in the ``Proposed
Rules'' section of this issue of the Federal Register. The Agency will
not institute a second comment period on this action. Any parties
interested in commenting must do so at this time and must submit
comments by the date indicated in this unit and in the proposed rule.

C. Does this Action Apply to Me?

    You may be potentially affected by this action if you conduct human
research on substances regulated by EPA. Potentially affected entities
may include, but are not limited to, entities that conduct or sponsor
research involving intentional exposure of human subjects that may be
submitted to EPA under FIFRA or FFDCA. Although EPA has in the past
received such third-party research from pesticide registrants, other
entities could submit such information to EPA.
     Pesticide and other Agricultural Chemical Manufacturing
(NAICS code 325320).
    This listing is not intended to be exhaustive, but rather provides
a guide regarding entities likely to be affected by this action. Other
types of entities not listed in this unit could also be affected. The
North American Industrial Classification System (NAICS) codes have been
provided to assist you and others in determining whether this action
might apply to certain entities. To determine whether you or your
business may be affected by this action, you should carefully examine
the applicability provisions of 40 CFR part 26. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

D. How Can I Access Electronic Copies of this Document and Other
Related Information?

    You may access an electronic copy of this Federal Register document
and the associated electronic docket at http://www.regulations.gov, or

you may access this Federal Register document electronically through
the EPA Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.
 A frequently updated electronic version of the

Code of Federal Regulations (CFR) is available at http://www.gpoaccess.gov/ecfr
.

II. EPA's January 2006 Promulgation of Protections for Subjects of
Human Research

    On January 26, 2006, EPA issued a final rule significantly
strengthening and expanding the protections for subjects of human
research. For ``third-party'' human research (i.e., research that is
not conducted or supported by either EPA or by another Federal
Department or Agency under the Common Rule), that rule:
    1. Prohibited new research involving intentional exposure of
pregnant women or children, intended for submission to EPA under the
pesticide laws.
    2. Extended the provisions of the Federal Policy for the Protection
of Human Subjects of Research (the ``Common Rule'') to other human
research involving intentional exposure of non-pregnant adults,
intended for submission to EPA under the pesticide laws.
    3. Required submission to EPA of protocols and related information
about covered human research before it is initiated.
    4. Established an independent Human Studies Review Board to review
both proposals for new research and reports of covered human research
on which EPA proposes to rely under the pesticide laws.
 The January 2006 rule also contained other, similar requirements for
first- and second-party research, as well as standards to guide EPA
decisionmaking under the pesticide laws involving reliance on the
results of completed intentional dosing human research.

III. Protections for Children Potentially Exposed Through Nursing Women
Who Are Subjects in Human Research

    In the January 2006 rule, EPA provided additional protections for
children, to prohibit their being intentionally exposed to test
materials through human research. The Agency believed that it had
achieved this goal by establishing a prohibition against the use of
children as subjects in certain types of research involving intentional
exposure of subjects. Since promulgation of the January 2006 rule,
however, the Agency has been asked whether the final rule prohibits
investigators from conducting, or EPA from relying on, research
involving intentional exposure of nursing women, since use of nursing
women as subjects of research could potentially result in exposure of
nursing infants to the test material in nursing women's breast milk.
    The Agency notes that it has not conducted or supported intentional
dosing studies targeted at nursing women and has no intention to do so
in the future. Moreover, under the January 2006 rule, if, in accordance
with 40 CFR 26.1125, a third-party researcher submitted to EPA a
proposal to perform such research, EPA would not approve the proposal.
The Agency has concluded that such research should never be performed
because of the potential that it might result in exposure of nursing
children. Accordingly, EPA is amending the January 2006 rule to clarify
that the prohibitions in the January 2006 rule against conduct of new
research involving intentional exposure of pregnant women and children,
and the prohibition of the Agency's reliance on completed research
involving intentional exposure of pregnant women or children, apply as
well to research involving intentional exposure of nursing women. The
rule explicitly prohibits research involving intentional exposure of
nursing women. EPA would consider a woman to be nursing if she is
providing her breast milk to a child either during or after the
research when the test material could be detected in her breast milk.
(For purposes of applying the rule to research conducted after the
effective date of this action, an investigator could document
compliance by obtaining a statement from a female subject that she is
not providing and does not intend to provide her breast milk to a child
during the research and for a period of time after the research ends
during which the test material could reasonably be detected in her
breast milk. The Agency does not intend, however, to prohibit research
involving intentional exposure of a woman as a research subject simply
because at some indefinite, future time the woman hopes to breast-feed
a child.)
    In sum, the Agency believes that the kinds of explicit protections
for children and pregnant women established by the January 2006 rule
are equally appropriate for nursing women. Data indicate that some
pesticides and other environmental substances pass into breast milk,
but adequate data do not exist to characterize the fate of all
substances that might be used in human research covered by the January
2006 rule. Therefore, consistent with the intent of the January 2006
rule to protect

children from exposure to test materials through intentional dosing
studies, EPA is reinforcing the protection for children by prohibiting
the following:
    1. New research involving intentional exposure of nursing women
conducted or supported by EPA.
    2. New research involving intentional exposure of nursing women
conducted by third-party investigators who intend to submit the results
to EPA under the pesticide laws.
    3. Reliance by EPA in its actions under the pesticide laws on
research involving intentional exposure of nursing women.
(EPA notes that the absence of information about the nursing status of
female subjects in a completed study does not justify application of
the prohibition in Sec.  26.1703.)

IV. FIFRA Review Procedures for the Direct Final Rule

    FIFRA section 25(a)(2)(B) provides: ``[a]t least 30 days prior to
signing any regulation in final form for publication in the Federal
Register, the Administrator shall provide the Secretary of Agriculture
a copy of such regulation.'' This section also authorizes the Secretary
to waive the opportunity to review and comment on final regulations.
FIFRA section 25(d)(1) states that ``[t]he Administrator shall submit
to an advisory panel for comment [the] final form of regulations issued
under section 25(a) within the same time periods as provided for the
comments of the Secretary of Agriculture . . .'' This subsection also
authorizes the FIFRA Scientific Advisory Panel (SAP) to waive the
opportunity for review. Both, the FIFRA SAP and the U.S. Department of
Agriculture (USDA) have waived the opportunity under FIFRA to review
the direct final rule.
    In addition, FIFRA section 25(a)(3) states that ``[a]t such time as
the Administrator is required under paragraph (2) to provide the
Secretary of Agriculture with . . . a copy of the final form of
regulations, the Administrator shall also furnish a copy of such
regulations to the Committee on Agriculture in the House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry in the United States Senate.'' Because USDA waived review
under FIFRA section 25(a)(2)(B), EPA is not required to furnish a copy
of the final regulations to the specified committees 30 days prior to
signature of the direct final rule.

V. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), the Office of Management and
Budget (OMB) has determined that this direct final rule is not a
``significant regulatory action'' under section 3(f) of the Executive
Order.
    The amendments contained in this rule are not expected to result in
a significant increase, if any, to the estimated impacts of the January
2006 rule, which are presented in a document entitled Economic Analysis
of the Human Studies Final Rule (Economic Analysis), a copy of which is
available in the docket for this rule.
    Based on the relatively small economic impact of the January 2006
rule, EPA believes that this direct final rule will have a minimal--if
any--impact on industry, regardless of the size of the entity.

B. Paperwork Reduction Act

    This rule contains no new information collection requirements.
Therefore no further analysis, review or OMB approval is required under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. The
information collection requirements contained in the January 2006 rule
have been approved by OMB under OMB control number 2070-0169
(identified under EPA ICR No. 2195.02). A copy of the approved
information collection request document is available in the docket for
this rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    After considering the potential economic impacts of the January
2006 rule on small entities, the Agency concluded pursuant to section
605(b) of RFA that the January 2006 rule did not have a significant
adverse economic impact on a substantial number of small entities. EPA
has determined that the potential additional impact from this direct
final rule, if any, is minimal. For purposes of assessing the impacts
of the January 2006 rule on small entities, small entity was defined in
accordance with the RFA as:
    1. A small business as defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201.
    2. A small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000.
    3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this direct final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The Agency's
determination is based on the economic analysis performed for the
January 2006 rule, a copy of which is available in the docket for this
action.

D. Unfunded Mandates Reform Act

    Under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
(Public Law 104-4), EPA has determined that this action does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. This rule is expected
to result in no more than a minor increase, if any, to the estimated
impact of the January 2006 rule. The estimated total costs associated
with the January 2006 rule are approximately $38,837 per year. Based on
historical submissions, EPA has determined that State, local, and
tribal governments rarely perform human research intended for
submission to EPA under FIFRA or FFDCA. In addition, the direct final
rule is not expected to significantly or uniquely affect small
governments. Accordingly, this action is not subject to the
requirements of sections 202 and 205 of UMRA.

E. Executive Order 13132

    Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999), does not apply to this rule. EPA has determined that this rule
does not have ``federalism implications'' because it will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in the Executive Order. As indicated earlier, instances where
a State performs human research intended for submission to EPA under
FIFRA or FFDCA are rare. Therefore, this direct

final rule may seldom affect a State government.

F. Executive Order 13175

    Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (59 FR 22951, November 6, 2000), does not
apply to this rule. EPA has determined that this rule does not have
``tribal implications'' because it will not have substantial direct
effects on tribal governments, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified in the Executive Order. As indicated previously, instances
where a tribal government performs human research intended for
submission to EPA under FIFRA or FFDCA are extremely rare.

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), does not apply to this rule because this action is not
designated as an ``economically significant'' regulatory action as
defined by Executive Order 12866. Furthermore, this rule does not
establish an environmental standard that is intended to have a
negatively disproportionate effect on children. To the contrary, this
action will provide added protections for children with regard to the
research covered by the rule.

H. Executive Order 13211

    This rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) because this rule does
not have any significant adverse effect on the supply, distribution, or
use of energy.

I. National Technology Transfer and Advancement Act

    This rule does not impose any technical standards that would
require Agency consideration of voluntary consensus standards under
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA) (15 U.S.C. 272 note) because it does not require
specific methods or standards to generate data. The NTTAA directs EPA
to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures)
that are developed or adopted by voluntary consensus standards bodies.
NTTAA directs EPA to provide Congress, through OMB, with explanations
when the Agency decides not to use available and applicable voluntary
consensus standards.

J. Executive Order 12898

    This rule does not have an adverse impact on the environmental and
health conditions in low-income and minority communities. Therefore,
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994), the Agency is not required
to consider environmental justice-related issues.

VI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report that includes a copy of the rule to
each House of the Congress and the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 26

    Environmental protection, Human research subjects, Reporting and
recordkeeping requirements.

    Dated: June 20, 2006.
Stephen L. Johnson,
Administrator.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 26--[AMENDED]

0
1. The authority citation for part 26 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 136w(a)(1); 21 U.S.C.
346a(e)(1)(C); section 201 of Public Law No. 109-54; and 42 U.S.C.
300v-1(b).

0
2. By revising the heading of subpart B to read as follows:

Subpart B--Prohibition of Research Conducted or Supported by EPA
Involving Intentional Exposure of Human Subjects who are Children
or Pregnant or Nursing Women

0
3. By revising Sec.  26.203 to read as follows:

Sec.  26.203  Prohibition of research conducted or supported by EPA
involving intentional exposure of any human subject who is a pregnant
woman (and therefore her fetus), a nursing woman, or child.

    Notwithstanding any other provision of this part, under no
circumstances shall EPA conduct or support research involving
intentional exposure of any human subject who is a pregnant woman (and
therefore her fetus), a nursing woman, or a child.

0
4. By revising the heading of subpart K to read as follows:

Subpart K--Basic Ethical Requirements for Third-Party Human
Research for Pesticides Involving Intentional Exposure of Non-
pregnant, Non-nursing Adults

0
5. By revising the heading of subpart L to read as follows:

Subpart L--Prohibition of Third-Party Research for Pesticides
Involving Intentional Exposure of Human Subjects who are Children
or Pregnant or Nursing Women

0
6. By revising Sec.  26.1203 to read as follows:

Sec.  26.1203  Prohibition of research involving intentional exposure
of any human subject who is a pregnant woman (and therefore her fetus),
a nursing woman, or a child.

    Notwithstanding any other provision of this part, under no
circumstances shall a person conduct or support research covered by
Sec.  26.1201 that involves intentional exposure of any human subject
who is a pregnant woman (and therefore her fetus), a nursing woman, or
a child.

0
7. By revising Sec.  26.1703 to read as follows:

Sec.  26.1703  Prohibition of reliance on research involving
intentional exposure of human subjects who are pregnant women (and
therefore their fetuses), nursing women, or children.

    Except as provided in Sec.  26.1706, in actions within the scope of
Sec.  26.1701 EPA shall not rely on data from any research involving
intentional exposure of any human subject who is a pregnant woman (and
therefore her fetus), a nursing woman, or a child.

0
8. By revising the heading of Sec.  26.1704 to read as follows:

Sec.  26.1704  Prohibition of reliance on unethical human research with
non-pregnant, non-nursing adults conducted before April 7, 2006.

0
9. By revising the heading of Sec.  26.1705 to read as follows:

Sec.  26.1705  Prohibition of reliance on unethical human research with
non-pregnant, non-nursing adults conducted after April 7, 2006.

[FR Doc. 06-5649 Filed 6-22-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68645-68652]
[DOCID:fr27no06-130]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54790; File No. SR-Amex-2006-01]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval to Proposed
Rule Change and Amendments No. 1, 2, and 3 Thereto Relating to the
Listing and Trading of Principal Protected Notes Linked to the Dow
Jones-AIG ExEnergy Sub-Index

 November 20, 2006.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 3, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
On March 21, Amex submitted Amendment No. 1 to the proposed rule
change.\3\ On May 24, 2006, Amex submitted Amendment No. 2 to the
proposed rule change.\4\ On November 13, 2006, Amex submitted Amendment
No. 3 to the proposed rule change.\5\ The Commission is publishing this
notice and order to solicit comments on the proposed rule change, as
amended, from interested persons and to approve the proposal on an
accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 superseded and replaced the original filing
in its entirety.
    \4\ In Amendment No. 2, the Exchange makes representations
regarding specialist prohibitions and accounts and clarifies certain
aspects of the index methodology.
    \5\ Amendment No. 3 supersedes and replaces the original filing,
Amendment No. 1, and Amendment No. 2 in its entirety.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade, principal protected notes,
linked to the performance of the Dow Jones-AIG ExEnergy Sub-Index (the
``DJAIG ExEnergy Index'' or the ``Index'').
    The text of the proposed rule change is available on Amex's Web
site at http://www.amex.com, at Amex's principal office, and at the

Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
The Notes
    Under Section 107A of the Amex Company Guide (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.\6\ The
Amex proposes to list for trading under Section 107A of the Company
Guide principal protected notes linked to the performance of the Index
(the ``Notes'').\7\ Merrill Lynch will issue the Notes under the name
``Market Index Target-Term Securities'' or ``MITTS.'' The Notes will
provide for participation in the positive performance of the Index
during their term while reducing the risk exposure to investors through
principal protection.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 27753 (March 1,
1990), 55 FR 8626 (March 8, 1990) (approving File No. SR-Amex-89-
29).
    \7\ Merrill Lynch & Co. (``Merrill Lynch''), Dow Jones &
Company, Inc. (``Dow Jones'') and AIG International, Inc. (``AIGI'')
have entered into a non-exclusive license agreement providing for
the use of the Dow Jones-AIG ExEnergy Sub-Index by Merrill Lynch and
certain affiliates and subsidiaries in connection with certain
securities including the Notes. Dow Jones and AIGI are not
responsible and will not participate in the issuance and creation of
the Notes.
---------------------------------------------------------------------------

    The Notes will conform to the initial listing guidelines under
Section 107A \8\ and continued listing guidelines under Sections 1001-
1003 \9\ of the Company Guide. The Notes are senior non-convertible
debt securities of Merrill Lynch. The Notes will have a term of no more
than ten (10) years. Merrill Lynch will issue the Notes in
denominations of whole units, with each unit representing a single
Note. The original public offering price was $10 per Note \10\ and thus
the notes are currently trading over-the-counter but are not listed on
any national securities exchange.\11\ At a minimum, the Notes will
entitle the owner at maturity to receive at least 100% of the principal
investment amount. At maturity, the holder would receive the full
principal investment amount of each Note plus a supplemental redemption
amount (the ``Supplemental Redemption Amount'') based on the percentage
change or performance of the Index over the term of the Note. The
performance of the Index will be based on an arithmetic average of the
levels of the Index at the close of market on five (5) business days
shortly prior to the maturity of the Notes. The Notes are not callable
by Merrill Lynch.
---------------------------------------------------------------------------

    \8\ The initial listing standards for the Notes require: (i) A
market value of at least $4 million and (ii) a minimum public
distribution requirement of one million trading units with a minimum
of 400 public shareholders. In addition, the listing guidelines
provide that the issuer has assets in excess of $100 million and
stockholder's equity of at least $10 million, and pre-tax income of
at least $750,000 in the last fiscal year or in two of the three
prior fiscal years. In the case of an issuer that is unable to
satisfy the earning criteria stated in Section 101 of the Company
Guide, the Exchange will require the issuer to have the following:
(i) assets in excess of $200 million and stockholders' equity of at
least $10 million; or (ii) assets in excess of $100 million and
stockholders' equity of at least $20 million.
    \9\ The Exchange's continued listing guidelines are set forth in
Sections 1001 through 1003 of Part 10 to the Exchange's Company
Guide. Section 1002(b) of the Company Guide states that the Exchange
will consider removing from listing any security where, in the
opinion of the Exchange, it appears that the extent of public
distribution or aggregate market value has become so reduced to make
further dealings on the Exchange inadvisable. With respect to
continued listing guidelines for distribution of the Notes, the
Exchange will rely, in part, on the guidelines for bonds in Section
1003(b)(iv). Section 1003(b)(iv)(A) provides that the Exchange will
normally consider suspending dealings in, or removing from the list,
a security if the aggregate market value or the principal amount of
bonds publicly held is less than $400,000.
    \10\ Telephone conference among Florence Harmon, Senior Special
Counsel, Commission, Kristie Diemer, Special Counsel, Commission,
Jeffrey P. Burns, Vice President and Associate General Counsel,
Amex, and Sudhir C. Bhattacharyya, Assistant General Counsel, Amex
on November 16, 2006 (``November 16 Telephone Conference'').
    \11\ Telephone conference between Kristie Diemer, Special
Counsel, Commission and Sudhir C. Bhattacharyya, Assistant General
Counsel, Amex on November 20, 2006.
---------------------------------------------------------------------------

    The Supplemental Redemption Amount that a holder of a Note will be
entitled to receive is defined as the greater of zero or the product of
$10, the performance of the Index and the Participation Rate (which is
106.92%). The performance of the Index will be determined at maturity
based on the relation of the ``Ending Value'' \12\ to the ``Starting
Value'' of the Index. The ``Ending Value'' is generally equal to the
average of the closing levels of the Index, determined on five (5)
separate calculation days. The ``Starting Value'' is the closing level
of the Index on the date the Notes are priced for initial sale to the
public. The Ending Value may be calculated by reference to fewer than
five or even a single day's closing level if, during the period shortly
before the maturity date of the Notes, there is a disruption in the
trading of a sufficient number of commodity futures included in the
Index or certain futures or option contracts relating to the Index.\13\
---------------------------------------------------------------------------

    \12\ The ``Ending Value'' is equal to the average of the closing
levels of the Index, determined on each of the five calculation days
shortly prior to maturity (i.e., the calculation period). If there
are fewer than five calculation days during the calculation period,
due to a market disruption event, then the Ending Value will equal
the average of the closing levels of the Index on those calculation
days. If there is only one calculation day during the calculation
period, then the Ending Value will equal the closing level of the
Index on that calculation day. If no calculation days occur during
the calculation period, then the Ending Value will equal the closing
level of the Index determined on the last scheduled Index business
day in the calculation period, regardless of the occurrence of a
market disruption event on that scheduled Index business day.
    \13\ A ``market disruption event'' means any of the following
events as determined by the calculation agent: (i) The suspension of
or material limitation on trading for more than two hours of
trading, or during the one-half hour period preceding the close of
trading, on the applicable exchange (without taking into account any
extended or after-hours trading session), in any futures contract
used in the calculation of the Index or any successor index; (ii)
the suspension of or material limitation on trading, in each case,
for more than two hours of trading, or during the one-half hour
period preceding the close of trading, on the applicable exchange
(without taking into account any extended or after-hours trading
session), whether by reason of movements in price otherwise
exceeding levels permitted by the relevant exchange or otherwise, in
option contracts or futures contracts related to the Index, or any
successor index, which are traded on any major U.S. exchange; or
(iii) the failure on any day of the applicable exchange to publish
the official daily settlement prices for that day for any futures
contract used in the calculation of the Index.
---------------------------------------------------------------------------

    At maturity, a holder will receive a maturity payment amount per
Note equal to:
[GRAPHIC] [TIFF OMITTED] TN27NO06.000

    The Supplemental Redemption Amount may not be less than zero. If
the Ending Value is less than the Starting Value, the amount paid at
maturity will be 100% of the Principal Amount. The amount paid at
maturity per Note will never be less than the Principal Amount.
Dow Jones-AIG ExEnergy Sub-Index
    The Dow Jones-AIG Commodity Index and the DJAIG ExEnergy Index are
proprietary indexes that AIGI International Inc. (``AIGI'') developed,
that each year are determined by ``AIG-Financial Products Corp. (``AIG-
FP'') \14\, subject to oversight and approval of the Oversight
Committee (defined below), and that Dow Jones calculates. The Index is
designed to track rolling futures positions in a diversified basket of
fifteen commodity futures (each, an ``Index Component'') which, plus
energy commodities, comprise the Dow Jones-AIG Commodity Index.
---------------------------------------------------------------------------

    \14\ AIG-FP is not a broker-dealer or futures commission
merchant; however, AIG-FP may have such affiliates. Therefore, AIG-
FP (i) implemented and agrees to maintain procedures reasonably
designed to prevent the use and dissemination by relevant employees
of AIG-FP, in violation of applicable laws, rules and regulations,
of material non-public information relating to changes in the
composition or method of computation or calculation of the Index or
the Dow Jones-AIG Commodity Index and (ii) agrees to periodically
check the application of such procedures as they relate to personnel
of AIG-FP responsible for such changes. Dow Jones has informed the
Exchange that they do not have any affiliates engaged in the
securities or commodities trading businesses and, as such, do not
believe that such firewall procedures are necessary in its case. In
addition, the Oversight Committee is subject to written policies
that acknowledge their obligations with respect to material non-
public information.
---------------------------------------------------------------------------

    The DJAIG ExEnergy Index tracks what is known as a rolling futures
position, which is a position where, on a periodic basis, futures
contracts on physical commodities specifying delivery on a nearby date
must be sold and futures contracts on physical commodities that have
not yet reached the delivery period must be purchased. An investor with
a rolling futures position is able to avoid delivering underlying
physical commodities while maintaining exposure to those commodities.
The rollover for each Index Component occurs over a period of five Dow
Jones-AIG business days each month according to a pre-determined
schedule. Currently, Dow Jones calculates and disseminates the DJAIG
ExEnergy Index level at least 15-second intervals from 8 a.m. to 3
p.m., Eastern time (``ET''),\15\ and publishes a daily settlement price
for the Index at approximately 5 p.m., ET each day the Amex is open for
trading. Any disseminated value of the Index after 3 p.m. is static.
---------------------------------------------------------------------------

    \15\ November 16 Telephone Conference.
---------------------------------------------------------------------------

    The fifteen commodities for 2006 that comprise the DJAIG ExEnergy
Index are (weightings as of November 15, 2006 noted in parentheses):
aluminum (9.31%); coffee (3.49%); copper (10.24%); corn (11.87%);
cotton (3.48%); gold (8.41%); lean hogs (5.03%); live cattle (6.58%);
nickel (6.54%); silver (3.33%); soybeans (9.81%); soybean oil (4.03%);
sugar (2.73%); wheat (8.43%); and zinc (6.73%).\16\
---------------------------------------------------------------------------

    \16\ E-mail from Sudhir C. Bhattacharyya, Assistant General
Counsel, Amex, to Florence Harmon, Senior Special Counsel,
Commission, dated November 17, 2006.
---------------------------------------------------------------------------

Dow Jones-AIG Commodity Index.
    The calculation of the DJAIG ExEnergy Index follows the same rules
as the calculation of the Dow Jones-AIG Commodity Index; provided that
the daily value of the DJAIG ExEnergy Index is determined by summing
the product of the prices of the Index Components and their respective
CIMs (as defined below).
    The Dow Jones-AIG Commodity Index was created by Dow Jones and AIGI
to provide a liquid and diversified benchmark for commodities. The Dow
Jones-AIG Commodity Index was established on July 14, 1998 and is
currently comprised of futures contracts on nineteen physical
commodities.\17\
---------------------------------------------------------------------------

    \17\ A futures contract is an agreement that provides for the
purchase and sale of a specified type and quantity of a commodity
during a stated delivery month for a fixed price.
---------------------------------------------------------------------------

    The nineteen commodities for 2006 that comprise the Dow Jones-AIG
Commodity Index (the ``Dow Jones-AIG Commodity Index Commodities'') are
(weightings as of November 15, 2006 noted in parentheses): aluminum
(6.90%); coffee (2.59%); copper (7.59%); corn (8.80%); cotton (2.58%);
crude oil (10.30%); gold (6.24%); heating oil (3.16%); lean hogs
(3.73%); live cattle (4.88%); natural gas (9.34%); nickel (4.85%);
silver (2.47%); soybeans (7.27%); soybean oil (2.99%); sugar (2.03%);
unleaded gasoline (3.06%); wheat (6.25%); and zinc (4.99%).\18\ Futures
contracts on the Dow Jones-AIG Commodity Index are currently listed for
trading on the Chicago Board of Trade (the ``CBOT''). The Dow Jones-AIG
Commodity Index commodities currently trade on United States exchanges,
with the exception of aluminum, nickel and zinc, which trade on the
London Metal Exchange (the ``LME'').
---------------------------------------------------------------------------

    \18\ November 16 Telephone Conference.
---------------------------------------------------------------------------

    The Index was created using the following four main principles:
     Economic significance. The Dow Jones-AIG Commodity Index
is designed to reflect the importance of a diversified group of
physical commodities to the world economy. To achieve a fair
representation, the Dow Jones-AIG Commodity Index uses both liquidity
data and dollar-adjusted production data in determining the relative
quantities of the commodities. The Dow Jones-AIG Commodity Index
primarily relies on the liquidity of a particular commodity (i.e., the
relative amount of trading activity of a particular commodity), as an
important indicator of the value placed on that commodity by financial
and physical market participants. In addition, production data is also
identified to measure the importance of a commodity to the world
economy. Production data alone would underestimate the economic
significance of storable commodities, such as gold, relative to non-
storable commodities, such as livestock. Production data alone also may
underestimate the value that the financial community places on certain
commodities and/or the amount of commercial activity related to various
commodities. The Dow Jones-AIG Commodity Index accordingly relies on
both futures market liquidity of commodities and production in
determining relative weightings.
     Diversification. The Dow Jones-AIG Commodity Index is
designed to provide diversified exposure to commodities as an asset
class. Disproportionate weightings of any particular commodity or
sector may increase the volatility and negate the concept of a broad-
based commodity index. As described further below, diversification
rules have been established and are applied annually. Additionally, the
Dow Jones-AIG Commodity Index is re-balanced annually on a price-
percentage basis in order to maintain diversified commodities exposure
over time.
     Continuity. The Dow Jones-AIG Commodity Index is designed
to be responsive to the changing nature of the commodity markets in a
manner that does not completely reshape the character of the Dow Jones-
AIG Commodity Index from year to year. The Dow Jones-AIG Commodity
Index is intended to provide a stable benchmark, so that end-users may
be reasonably confident that historical performance data is based on a
structure that bears some resemblance to both the current and future
composition of the Dow Jones-AIG Commodity Index.
     Liquidity. The Dow Jones-AIG Commodity Index is designed
to provide a highly liquid index. Liquidity

as a weighting factor helps to ensure that the Dow Jones-AIG Commodity
Index can accommodate substantial investment flows. The liquidity of an
index affects transaction costs associated with current investments and
may also affect the reliability of historical price performance data.
Designated Contracts for Each Dow Jones-AIG Commodity Index Commodity
    A futures contract, known as a Designated Contract, is selected by
the Dow Jones-AIG Oversight Committee (the ``Oversight Committee'')
\19\ for each Dow Jones-AIG Commodity Index Commodity. The Oversight
Committee was established by Dow Jones and AIGI to assist with the
operation of the Dow Jones-AIG Commodity Index. The Exchange states
that the Oversight Committee includes prominent members of the
financial, academic and legal communities selected by AIGI and meets
annually to consider any changes to be made to the Dow Jones-AIG
Commodity Index for the coming year. The Oversight Committee may also
meet at such other times as may be necessary.
---------------------------------------------------------------------------

    \19\ The Exchange has been informed by Merrill Lynch that none
of the members of the Oversight Committee are officers, directors or
employees of Merrill Lynch.
---------------------------------------------------------------------------

    With the exception of several LME contracts, where the Oversight
Committee believes that there exists more than one futures contract
with sufficient liquidity to be chosen as a Designated Contract for a
Dow Jones-AIG Commodity Index Commodity, the Oversight Committee
selects the futures contract that is traded in the U.S. and denominated
in U.S. dollars. If more than one of those contracts exists, the
Oversight Committee will select the most actively traded contract. Data
concerning this Designated Contract will be used to calculate the Dow
Jones-AIG Commodity Index. If a Designated Contract were to be
terminated or replaced, a comparable futures contract would be
selected, if available, to replace that Designated Contract.\20\
---------------------------------------------------------------------------

    \20\ The Oversight Committee may exclude any otherwise eligible
contract from the Dow Jones-AIG Commodity Index if it determines
that it has an inadequate trading window. The Dow Jones-AIG
Commodity Index currently includes contracts traded on the London
Metal Exchange (``LME''), which is located in London. During the
hours where the LME is closed, Dow Jones uses the last price and
uses the settlement price once it is available in order to publish
the Dow Jones-AIG Commodity Index value through the end of the
trading day. The Dow Jones-AIG Commodity Index value does not
reflect any after-hours or overnight trading in contracts traded on
the LME.
---------------------------------------------------------------------------

    The Designated Contracts for the Dow Jones-AIG Commodity Index
Commodities included in the Dow Jones-AIG Commodity Index for 2006 are
traded on the LME, the CBOT, the New York Board of Trade (the
``NYBOT''), the Chicago Mercantile Exchange, Inc. (the ``CME'') and the
New York Mercantile Exchange (the ``NYMEX'').\21\ The particular
commodities futures exchange for each futures contract with Web site
information is as follows: (i) Aluminum, nickel and zinc--LME at http://www.lme.com
; (ii) corn, soybeans, soybean oil and wheat--CBOT at

http://www.cbot.com; (iii) live cattle and lean hogs--CME at http://www.cme.com; (iv) coffee and sugar--NYBOT at http://www.nybot.com and

(v) copper, crude oil, gold, heating oil, natural gas, silver and
unleaded gasoline--NYMEX at http://www.nymex.com. In addition, various

market data vendors and financial news publications publish futures
prices and data. The Exchange represents that futures quotes and last
sale information for the commodities underlying the Index are widely
disseminated through a variety of major market data vendors worldwide,
including Bloomberg and Reuters. In addition, the Exchange further
represents that complete real-time data for such futures is available
by subscription from Reuters and Bloomberg. The CBOT, LME and NYMEX
also provide delayed futures information on current and past trading
sessions and market news free of charge on their respective Web sites,
and for a fee, will provide real-time futures data. The specific
contract specifications for the futures contracts are also available
from the futures exchanges on their Web sites, as well as other
financial informational sources.
---------------------------------------------------------------------------

    \21\ November 16 Telephone Conference (confirming designated
contracts for 2005 and 2006 are traded on same exchanges).
---------------------------------------------------------------------------

Annual Reweighting and Rebalancing of the Dow Jones-AIG Commodity
Index.
    The Dow Jones-AIG Commodity Index is reweighted and rebalanced each
year in January on a price percentage basis. The annual weightings for
the Dow Jones-AIG Commodity Index are determined each year in June or
July by AIGI under the supervision of the Oversight Committee. The
annual weightings are announced in July and implemented the following
January. The weightings for 2006, as listed below, have been approved
and became effective in January 2006.
    The relative weightings of the component commodities included in
the Dow Jones-AIG Commodity Index are determined annually according to
both liquidity and dollar-adjusted production data. Each June, for each
commodity designated for potential inclusion in the Dow Jones-AIG
Commodity Index, liquidity is measured by the commodity liquidity
percentage (the ``CLP'') and production by the commodity production
percentage (the ``CPP''). The CLP for each commodity is determined by
taking a five-year average of the product of the trading volume and the
historic dollar value of the Designated Contract for that commodity,
and dividing the result by the sum of the products for all commodities
that were designated for potential inclusion in the Dow Jones-AIG
Commodity Index. The CPP is determined for each commodity by taking a
five-year average of annual world production figures, adjusted by the
historic dollar value of the Designated Contract, and dividing the
result by the sum of the production figures for all the commodities
that were designated for potential inclusion in the Dow Jones-AIG
Commodity Index. The CLP and CPP are then combined (using a ratio of
2:1) to establish the Commodity Dow Jones-AIG Commodity Index
Percentage (the ``CIP'') for each commodity. The CIP is then adjusted
in accordance with the diversification rules described below to
determine the commodities to be included in the Dow Jones-AIG Commodity
Index and their respective percentage weights.
    To ensure that no single commodity or commodity sector dominates
the Dow Jones-AIG Commodity Index, the following diversification rules
are applied to the annual reweighting and rebalancing of the Dow Jones-
AIG Commodity Index, as of January of the applicable year:
     No related group of commodities designated as a Commodity
Group (e.g., energy, precious metals, livestock or grains) may
constitute more than 33% of the Dow Jones-AIG Commodity Index;
     No single commodity may constitute more than 15% of the
Dow Jones-AIG Commodity Index;
     No single commodity, together with its derivatives (e.g.,
crude oil, together with heating oil and unleaded gasoline), may
constitute more than 25% of the Dow Jones-AIG Commodity Index; and
     No single commodity in the Dow Jones-AIG Commodity Index
may constitute less than 2% of the Dow Jones-AIG Commodity Index.
    Following the annual reweighting and rebalancing of the Dow Jones-
AIG Commodity Index in January, the percentage of any single commodity
or group of commodities at any time prior to the next reweighting or
rebalancing

will fluctuate and may exceed or be less than the percentage set forth
above.\22\
---------------------------------------------------------------------------

    \22\ The Exchange represents and clarifies that the weightings
of the components of the DJAIG ExEnergy Index are determined in
conjunction with the annual reweighting and rebalancing of the Dow
Jones-AIG Commodity Index by assigning weightings of zero to the
energy commodities included in the Dow Jones-AIG Commodity Index and
proportionally increasing the weightings of the remaining
commodities. For example, assume the Dow Jones-AIG Commodity Index
includes five equally weighted (20%) commodities, including an
energy commodity. If the energy component were assigned a weight of
0%, the weightings of the remaining four non-energy components
comprising the DJAIG ExEnergy Index would be increased pro rata and
assigned equal weightings of 25%.
---------------------------------------------------------------------------

    Following application of the diversification rules discussed above,
CIPs are incorporated into the Dow Jones-AIG Commodity Index by
calculating the new unit weights for each Dow Jones-AIG Commodity Index
commodity. Near the beginning of each new calendar year (the ``CIM
Determination Date''), the CIPs, along with the settlement prices on
that date for Designated Contracts included in the Dow Jones-AIG
Commodity Index, are used to determine a Commodity Index Multiplier
(``CIM'') for each Dow Jones-AIG Commodity Index commodity. This CIM is
used to achieve the percentage weightings of the Dow Jones-AIG
Commodity Index commodities, in dollar terms, indicated by their
respective CIPs. After the CIMs are calculated, they remain fixed
throughout the year. As a result, the observed price percentage of each
Dow Jones-AIG Commodity Index commodity will float throughout the year,
until the CIMs are reset the following year based on new CIPs.
    To avoid delivering the underlying physical commodities and to
maintain exposure to the underlying physical commodities, periodically
futures contracts on physical commodities specifying delivery on a
nearby date must be sold and futures contracts on physical commodities
that have not yet reached the delivery period must be purchased. The
rollover for each contract occurs over a period of five DJ-AIG Business
Days \23\ each month according to a pre-determined schedule. This
process is known as ``rolling'' a futures position. The Dow Jones-AIG
Commodity Index is a ``rolling index.''
---------------------------------------------------------------------------

    \23\ A DJ-AIG Business Day (``DJ-AIG Business Day'') is a day on
which the sum of the CIPs for the Dow Jones-AIG Commodity Index
commodities that are available to trade is greater than 50%.
---------------------------------------------------------------------------

    The Dow Jones AIG-Commodity Index is calculated by Dow Jones by
applying the impact of the changes to the futures prices of commodities
included in the Dow Jones-AIG Commodity Index (based on the
commodities' relative weightings). Once the CIMs are determined as
discussed above, the calculation of the Dow Jones-AIG Commodity Index
is a mathematical process whereby the CIMs for the Dow Jones-AIG
Commodity Index commodities are multiplied by the daily settlement
prices in U.S. dollars for the applicable Designated Contracts. These
products are then summed. During the rollover period, the sum includes
both nearby and deferred contracts weighted according to the specified
roll percentage. The percentage change in this sum from the prior day
is then applied to the prior Dow Jones-AIG Commodity Index value.
Finally, the value of one day's interest is added, calculated using the
most recent (lagged by one day) 91-Day U.S. Treasury Bill Auction High
Rate to arrive at the current Dow Jones-AIG Commodity Index value.
Dow Jones-AIG Commodity Index Calculation Disruption Events.
    From time to time, the Exchange states that disruptions can occur
in trading futures contracts on various commodity futures exchanges.
The daily calculation of the Dow Jones-AIG Commodity Index and the
Index will be adjusted in the event that AIGI determines that any of
the following index calculation disruption events exists: (i) The
termination or suspension of, or material limitation or disruption in
the trading of any futures contract used in the calculation of the Dow
Jones-AIG Commodity Index on that day; (ii) the settlement price of any
futures contract used in the calculation of the Dow Jones-AIG Commodity
Index reflects the maximum permitted price change from the previous
day's settlement price; (iii) the failure of an exchange to publish
official settlement prices for any futures contract used in the
calculation of the Dow Jones-AIG Commodity Index; or (iv) with respect
to any futures contract used in the calculation of the Dow Jones-AIG
Commodity Index that trades on the LME, a business day on which the LME
is not open for trading. In the case of a temporary disruption in
connection with the trading of the futures contracts of the commodities
comprising the Index, the Exchange believes that it is unnecessary for
a filing pursuant to Section 19(b) under the Act \24\ to be submitted
to the Commission. The Exchange submits that for a temporary disruption
of said futures contracts, AIGI will typically use the prior day's
price for an Index commodity or commodities. In exceptional cases, AIGI
may employ a ``fair value'' price. However, the Exchange represents
that if the use of a prior day's price or ``fair value'' pricing for an
Index commodity or commodities is more than of a temporary nature, a
rule filing will be submitted pursuant to Section 19(b) of the Act \25\
seeking approval to continue trading the Notes. Unless such approval is
received, the Exchange will commence delisting the Notes.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b).
    \25\ Id.
---------------------------------------------------------------------------

Exchange Rules Applicable to the Notes
    The Notes are cash-settled in U.S. dollars and do not give the
holder any right or other ownership interest in the Index or
commodities comprising the Index. The Notes are designed for investors
who desire to participate in, or gain exposure to, an index composed of
a basket of actively-traded commodities, are willing to hold the
investment to maturity, and who want to limit risk exposure by
receiving principal protection of their investment amount.
    The Notes will trade as equity securities subject to the Amex
equity trading rules including, among others, rules governing priority,
parity and precedence of orders, specialist responsibilities, account
opening, and customer suitability requirements. In addition, the Notes
will be subject to the equity margin rules of the Exchange.\26\ The
Exchange will, prior to trading the Notes, 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: (i) To determine that such transaction is suitable for the
customer, and (ii) 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, Merrill
Lynch will deliver a prospectus in connection with the initial sales of
the Notes. The circular will also reference that the Commission has no
jurisdiction over the trading of the physical commodities or the
futures contracts or on such commodities upon which the value of the
Notes is based.\27\
---------------------------------------------------------------------------

    \26\ See Amex Rule 462.
    \27\ November 16 Telephone Conference.

---------------------------------------------------------------------------

Criteria for Initial and Continued Listing
    The Exchange represents that it prohibits the initial and/or
continued listing of any security that is not in compliance with Rule
10A-3 under the Act.\28\ The Exchange also has a general policy that
prohibits the distribution of material, non-public information by its
employees. The Notes will be subject to the criteria in Section 107D of
the Company Guide for initial and continued listing. The continued
listing criteria provides for the delisting or removal from listing of
the Notes under any of the following circumstances:
---------------------------------------------------------------------------

    \28\ See Rule 10A-3(c)(1), 17 CFR 240.10A-3(c)(1).
---------------------------------------------------------------------------

     If the aggregate market value or the principal amount of
the Notes publicly held is less than $400,000;
     If the value of the Index is no longer calculated or
widely disseminated by a major market data vendor on at least a 15-
second basis during the time the Notes trade on the Exchange; or
     If such other event shall occur or condition exists which
in the opinion of the Exchange makes further dealings on the Exchange
inadvisable.
    Additionally, the Exchange represents that it will file a proposed
rule change pursuant to Rule 19b-4 under the Act,\29\ seeking approval
to continue trading the Notes and unless approved, the Exchange will
commence delisting the Notes if:
---------------------------------------------------------------------------

    \29\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

     Dow Jones and AIG-FP substantially change either the index
component selection methodology or the weighting methodology;
     If a new component is added to the Index (or pricing
information is used for a new or existing component) that constitutes
more than 10% of the weight of the Index with whose principal trading
market the Exchange does not have a comprehensive surveillance sharing
agreement; or
     If a successor or substitute index is used in connection
with the Notes. The filing will address, among other things the listing
and trading characteristics of the successor or substitute index and
the Exchange's surveillance procedures applicable thereto.
Trading Halts
    The Exchange will halt trading in the Notes if the circuit breaker
parameters of Exchange Rule 117 have been reached. In exercising its
discretion to halt or suspend trading in the Notes, the Exchange may
consider factors such as those set forth in Exchange Rule 918C(b), in
addition to other factors that may be relevant. In particular, if the
Dow Jones-AIG Commodity Index value is not being disseminated as
required, the Exchange may halt trading during the day in which the
interruption to the dissemination of the Dow Jones-AIG Commodity Index
value occurs. If the interruption to the dissemination of the Dow
Jones-AIG Commodity Index value persists past the trading day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption.\30\
---------------------------------------------------------------------------

    \30\ November 16 Telephone Conference. The Exchange deleted
inconsistent language regarding trading halts.
---------------------------------------------------------------------------

Specialist Prohibitions
    The Exchange submits that current Rule 1203A will be applicable to
the Notes. In connection with the Notes, Rule 1203A provides that the
prohibitions in Rule 175(c) apply to a specialist in the Notes, so that
the specialist or affiliated person may not act or function as a market
maker in the underlying commodities, related futures contracts or
options, or any other related commodity derivative. Consistent with
Rule 193, an affiliated person of the specialist may be afforded an
exemption to act in a market making capacity, other than as a
specialist in the Notes on another market center, in the underlying
commodities, related futures or options, or any other related commodity
derivative. In particular, Rule 1203A provides that an approved person
of the specialist that has established and obtained Exchange approval
for procedures restricting the flow of material, non-public market
information between itself and the specialist member organization, and
any member, officer, or employee associated therewith, may act in a
market making capacity, other than as a specialist in the Notes on
another market center, in the underlying commodity, related commodity
futures or options on commodity futures, or any other related commodity
derivatives.
    Additionally, the Exchange further submits that Rule 1204A will be
applicable to the Notes. Rule 1204A was adopted to ensure that
specialists provide the Exchange with all the necessary information
relating to their trading in physical commodities and related futures
contracts and options thereon or any other related commodities
derivative. This Rule further reminds members that, in connection with
trading the physical asset or commodities, futures or options on
futures, or any other related derivatives, the use of material, non-
public information received from any person associated with a member,
member organization or employee of such person regarding trading by
such person or employee in the physical asset or commodities, futures
or options on futures, or any other related derivatives is prohibited
by the Exchange.
Surveillance
    The Exchange represents that its surveillance procedures are
adequate to properly monitor the trading of the Notes. Specifically,
the Amex will rely on its existing surveillance procedures governing
exchange-traded funds, trust issued receipts (including the iShares
Comex Gold Trust, streetTRACKS Gold Trust and DB Commodity Index
Tracking Fund) and index-linked securities.\31\ With regard to the
Index Components, the Exchange currently has in place a comprehensive
surveillance sharing arrangement with the NYMEX and the LME, for the
purpose of providing information in connection with trading in or
related to futures contracts traded on their respective exchanges
comprising the Index. The Exchange also notes that the CBOT, CME, and
NYBOT are members of the Intermarket Surveillance Group (``ISG''). As a
result, the Exchange asserts that it can obtain market surveillance
information, including customer identity information, from the CBOT,
CME, LME, NYBOT, and NYMEX, if necessary, due to regulatory concerns
that may arise in connection with the futures contracts.
---------------------------------------------------------------------------

    \31\ The Commission requested, and the Exchange agreed, to
remove the phrase ``which have been deemed adequate under the Act''
at the end of this sentence. November 16 Telephone Conference.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\32\ in general, and furthers the objectives
of Section 6(b)(5) of the Act,\33\ 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.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78f.
    \33\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change does not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. 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<EMAIL_ADDRESS>Please include

File Number SR-Amex-2006-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Amex-2006-01. 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 Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of Amex. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Amex-2006-01 and should be
submitted on or before December 18, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    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.\34\ In particular, the Commission believes that the proposal
is consistent with Section 6(b)(5) of the Act,\35\ which requires that
the rules of an exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and in general
to protect investors and the public interest.
---------------------------------------------------------------------------

    \34\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
    \35\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

A. Surveillance

    Information sharing agreements with primary markets are an
important part of a self-regulatory organization's ability to monitor
for trading abuses with respect to derivative securities. The
Commission believes that Amex's comprehensive surveillance sharing
agreements with the NYMEX and the LME for the purpose of providing
information in connection with the Notes create the basis for Amex to
monitor for fraudulent and manipulative practices in the trading of the
Notes.
    Moreover, Amex Rules, including Rule 1204A, give Amex the authority
to request information to monitor for fraudulent and manipulative
trading facilities. The Commission believes that these rules provide
the Amex with the tools necessary to adequately surveil trading in the
Notes.

B. Dissemination of Information

    The Commission believes that sufficient venues for obtaining
reliable information exist so that investors in the Notes can monitor
the underlying Index Components, the Dow Jones-AIG Commodity Index, and
the Index. There is a considerable amount of information about the
Index Components, the Dow Jones-AIG Commodity Index, and the Index
available through public Web sites, and real time intraday prices and
daily closing prices for the Index Components are available by
subscription from major market vendors.
    The Commission notes that the amount paid at maturity, per Note,
will be based on the percentage change or performance of the Index over
the term of the Note. As more specifically described herein, the amount
paid at maturity, per Note, will consist of at least 100% of the
Principal Amount, plus a Supplemental Redemption Amount, but it will
never be less than the Principal Amount.
    The Commission believes that the wide availability of such
information will facilitate transparency and reduce the potential of
unfair informational advantage with respect to the Notes and, when
coupled with the principal-protected nature of the Notes, will diminish
the risk of manipulation.

C. Listing and Trading

    The Commission finds that the Exchange's proposed rules and
procedures for the listing and trading of the Notes are consistent with
the Act. The Notes will trade as equity securities subject to the Amex
equity trading rules including, among others, rules governing priority,
parity and precedence of orders, specialist responsibilities, account
opening, and customer suitability requirements. In addition, the Notes
will be subject to the equity margin rules of the Exchange, set forth
in Amex Rule 462. The Commission believes that the listing and
delisting criteria for the Notes should help to maintain a minimum
level of liquidity and therefore minimize the potential for
manipulation of the Notes.
    The Commission notes that prior to trading the Notes, Amex will
distribute a circular to the membership providing guidance with regard
to member firm compliance responsibilities and highlighting the special
risks and characteristics of the Notes. Specifically, the Exchange will
require those recommending a transaction in the Notes to determine that
such transaction is suitable for the customer, and to have a reasonable
basis for believing that the customer can evaluate the special
characteristics of, and bear the financial risks of, such transaction.
The Commission believes that the information circular will inform
members about the terms, characteristics and risks in trading the
Notes.

D. Accelerated Approval

    The Commission finds good cause for approving this proposed rule
change, as amended, before the thirtieth day after the publication of
notice thereof in the Federal Register. The Commission notes that this
principal protected product is similar to other products already

approved by the Commission.\36\ Therefore, accelerating approval of
this proposed rule change should benefit investors who desire to
participate in an index composed of a basket of actively-traded
commodities, who are willing to hold the investment to maturity, and
who want to limit risk exposure, by creating, without undue delay,
opportunities for such investments.
---------------------------------------------------------------------------

    \36\ See e.g., Securities Exchange Act Release No. 54731
(November 9, 2006), 71 FR 66814 (notice and order granting
accelerated approval to the New York Stock Exchange LLC to list and
trade two series of principal protected, commodity-linked
securities); Securities Exchange Act Release No. 54033 (June 22,
2006), 71 FR 37131 (June 29, 2006) (order approving the listing and
trading of principal protected notes linked to the Metals-China
basket on Amex).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\37\ that the proposed rule change, as amended (SR-Amex-2006-01),
is hereby approved on an accelerated basis.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-19978 Filed 11-24-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Page 44557]
[FR Doc No: 2013-17744]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1906-000]

Guttman Energy Inc.; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Guttman Energy Inc.'s application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR Part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is August 7, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 18, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-17744 Filed 7-23-13; 8:45 am]
BILLING CODE 6717-01-P