The Federal Register

Exemption of Compensatory Employee Stock Options From Registration Under Section 12(G) of the Securities Exchange Act

Fri, Dec 7 2007 11:00:00 GMT

We are adopting two exemptions from the registration requirements of the Securities Exchange Act of 1934 for compensatory employee stock options. The first exemption will be available to issuers that are not required to file periodic reports under the Exchange Act. The second exemption will be available to issuers that are required to file those reports because they have registered under Exchange Act Section 12 a class of security or are required to file reports pursuant to Exchange Act Section 15(d). The exemptions will apply only to the issuer's compensatory employee stock options and will not extend to the class of securities underlying those options.

Sunshine Act Meetings

Fri, Dec 7 2007 11:00:00 GMT

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94409, that the Securities and Exchange Commission will hold the following meetings during the week of December 10, 2007:

Open Meetings will be held on Tuesday, December 11, 2007, at 10 a.m., Thursday, December 13, 2007 at 9 a.m., and Monday, December 17, 2007 at 9 a.m., in Room L002, the Auditorium, and a Closed Meeting will be held on Thursday, December 13, 2007 at 2 p.m.

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present.

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(5), (7), (9)(B), and (10) and 17 CFR 200.402(a)(5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting.

Com

In the Matter of Kimber-X Resources Corp.; Order of Suspension of Trading

Fri, Dec 7 2007 11:00:00 GMT

December 5, 2007.

It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of KimberX Resources Corp., a Delaware company with purported operations in Saskatchewan, Canada. Questions have arisen regarding the adequacy and accuracy of company press releases and other publiclydisseminated information concerning the company's current operations, issuance of securities, and transactions in company stock by company insiders.

The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of KimberX Resources Corp.

Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of KimberX Resources Corp. is suspended for the period from 9:30 a.m. EST, December 5, 2007, through 11:59 p.m. EST, on December 18, 2007.

By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 075992 F

Self-Regulatory Organizations; American Stock Exchange LLC; Order Approving Proposed Rule Change, as Modified by

Fri, Dec 7 2007 11:00:00 GMT

December 3, 2007.

I. Introduction

On October 12, 2006, the American Stock Exchange LLC (``Amex'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') a proposed rule change pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b4 thereunder \2\ to list and trade trust units of the Nuveen Commodities Income and Growth Fund (``Fund'') (``Shares'') pursuant to proposed Amex Rules 1600 et. seq. On March 2, 2007, March 21, 2007, May 14, 2007, August 15, 2007, August 28, 2007, and September 17, 2007 the Amex submitted Amendment Nos. 1, 2, 3, 4, 5, and 6, respectively, to the proposed rule change. The proposed rule change, as amended, was published for comment in the Federal Register on September 25, 2007.\3\ The Commission received one comment letter regarding the proposal.\4\ This order approves the proposed rule change, as amended.
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ See Securities Exchange Act Release

Self-Regulatory Organizations; American Stock Exchange LLC; Order Approving a Proposed Rule Change Relating To

Fri, Dec 7 2007 11:00:00 GMT

December 3, 2007.

I. Introduction

On June 4, 2007, the American Stock Exchange LLC (``Amex'') filed and on September 18, 2007, amended, a proposed rule change with the Securities and Exchange Commission (``Commission'') pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b4 thereunder \2\ to amend Rule 724 (``Agents to Resolve DKs'') and the corresponding Commentary. As proposed, the amendments would require each member to designate a representative that is away from the Amex's trading floor and that is authorized to resolve uncompared transactions (``DKs'') on the member's behalf. The proposed rule change was published for comment in the Federal Register on October 16, 2007.\3\ No comment letters were received on the
[[Page 69262]]
proposal. This order approves the proposal.
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ Securities Exchange Act Release No. 56635 (Oct. 10, 2007), 72 FR 58693.

II. Description of the Proposal

Amex is re

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed

Fri, Dec 7 2007 11:00:00 GMT

November 29, 2007.

Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b4 thereunder,\2\ notice is hereby given that on July 11, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been substantially prepared by Nasdaq. Nasdaq has designated the proposed rule change as constituting a noncontroversial rule change under Rule 19b4(f)(6) under the Act,\3\ which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. \1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ 17 CFR 240.19b4(f)(6).
I. SelfRegulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

Nasdaq proposes a rule change to eliminate Nasdaq Rule 3350 and IM 3350 and to make conforming changes

Self-Regulatory Organizations; The National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of

Fri, Dec 7 2007 11:00:00 GMT

December 3, 2007.

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b4 thereunder,\2\ notice is hereby given that on October 1, 2007, the National Stock Exchange, Inc. (``NSX'' or ``Exchange'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. On October 31, 2007 NSX filed Amendment No. 1 to the proposed rule change. On November 13, 2007 NSX filed Amendment No. 2 to the proposed rule change. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b4(f)(2) thereunder,\4\ which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons.
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 24

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of a Proposed Rule Change Relating to Certain

Fri, Dec 7 2007 11:00:00 GMT

December 3, 2007.

I. Introduction

On October 18, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE Arca Equities''), filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b4 thereunder,\2\ a proposal to modify certain initial listing and trading standards for Equity IndexLinked Securities.\3\ The proposed rule change was published for comment in the Federal Register on November 1, 2007.\4\ The Commission received no comments on the proposal. This order approves the proposed rule change.
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ NYSE Arca Equities Rule 5.2(j)(6) defines Equity Index Linked Securities as securities that provide for the payment at maturity of a cash amount based on the performance of an underlying index or indexes of equity securities, also referred to as the ``Equity Reference As

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change

Fri, Dec 7 2007 11:00:00 GMT

December 3, 2007.

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b4 thereunder,\2\ notice is hereby given that on November 29, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. On November 30, 2007, the Exchange filed Amendment No. 1 to the proposed rule change.\3\ The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b4(f)(6) thereunder,\5\ which renders [[Page 69273]]
the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b4.
\3\ In Amendment No. 1, the Exchange corrected a typographical error on the proposed Pilot Program (as de

Self-Regulatory Organizations; The Options Clearing Corporation; Order Granting Approval of a Proposed Rule Change

Fri, Dec 7 2007 11:00:00 GMT

November 30, 2007.

I. Introduction

On June 28, 2007, The Options Clearing Corporation (``OCC'') filed with the Securities and Exchange Commission (``Commission'') proposed rule change SROCC200708 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposal was published in the Federal Register on September 26, 2007.\2\ No comment letters were received. For the reasons discussed below, the Commission is granting approval of the proposed rule change. \1\ 15 U.S.C. 78s(b)(1).
\2\ Securities Exchange Act Release No. 56471 (September 19, 2007), 72 FR 54705.

II. Description

The proposed rule change permits OCC to clear and settle binary options, including fixed return options (``FROs'') to be listed and traded by Amex \3\ and binary options on broadbased indexes proposed to be listed and traded by CBOE.\4\ Binary options (sometimes referred to as ``digital'' options) are allornothing options that pay a fixed amount if exercised in the money an

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; Notice of Filing and Order Granting Accelerated

Fri, Dec 7 2007 11:00:00 GMT

December 3, 2007.

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b4 thereunder,\2\ notice is hereby given that on September 21, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Phlx. On October 26, 2007, the Exchange filed Amendment No. 1 to the proposed rule change. The Exchange withdrew Amendment No. 1 on October 31, 2007. The Exchange filed Amendment No. 2 to the proposed rule change on October 31, 2007.\3\ On November 29, 2007, the Exchange filed Amendment No. 3 to the proposed rule change.\4\ On November 30, 2007, the Exchange filed Amendment No. 4 to the proposed rule change.\5\ The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Amendment Nos. 3 and 4, from interested persons and to app