The Federal Register

Internal Control Over Financial Reporting in Exchange Act Periodic Reports of Non-Accelerated Filers and Newly Public

Thu, Dec 21 2006 11:00:00 GMT

We are extending further for smaller public companies the dates that were published on September 29, 2005, in Release No. 338618 [70 FR 56825], for their compliance with the internal control reporting requirements mandated by Section 404 of the SarbanesOxley Act of 2002. Under the extension, a nonaccelerated filer is not required to provide management's report on internal control over financial reporting until it files an annual report for its first fiscal year ending on or after December 15, 2007. If we have not issued additional guidance for management on how to complete its
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assessment of internal control over financial reporting in time to be of sufficient assistance in connection with annual reports filed for fiscal years ending on or after December 15, 2007, we will consider whether we should further postpone this date. A nonaccelerated filer is not required to file the auditor's attestation report on internal control over financial reporting until it files an annual report f

Investment Company Governance

Thu, Dec 21 2006 11:00:00 GMT

The Commission is reopening the comment period on its June 2006 request for comment regarding amendments to investment company (``fund'') governance provisions. The purpose of the additional comment period is to permit public comment on two papers prepared by the Office of Economic Analysis on this topic that will be made public by including them in the comment file. The comments the Commission receives will be used to inform our further consideration of the matter.

ProFunds, et al.; Notice of Application

Thu, Dec 21 2006 11:00:00 GMT

Summary of the Application: The order would permit certain management investment companies and unit investment trusts registered under the Act to acquire shares of certain openend management investment companies and unit investment trusts registered under the Act, including those that operate as exchangetraded funds, that are outside the same group of investment companies as the acquiring investment companies.

Applicants: ProFunds, Access One Trust, ProShares Trust (``ETF Trust,'' and together with ProFunds and Access One Trust, the ``Trusts''), ProShare Advisors LLC (``ProShare Advisors''), and ProFund Advisors LLC (``ProFund Advisors,'' and together with ProShare Advisors, the ``Advisers'').

Filing Dates: The application was filed on October 7, 2003, and amended on June 3, 2004, July 15, 2005, and October 6, 2006. Applicants have agreed to file an amendment during the notice period, the substance of which is reflected in this notice.

Hearing or Notification of Hearing: An order

Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Relating to

Thu, Dec 21 2006 11:00:00 GMT

December 11, 2006.

Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b4 thereunder,\3\ notice is hereby given that on June 22, 2006, the New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') filed with the Securities and Exchange Commission the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the NYSE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
\1\ 15 U.S.C.78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b4.
I. SelfRegulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

The Exchange is proposing amendments to Rule 638 concerning mediation. The amendments are, in part, housekeeping in nature as they remove references relating to an expired mediation pilot program and reposition certain provisions of the rule. In addition, the proposed amendments codify certain existing me