Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 47247 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(iii). 

4 17 CFR 240.19b–4(f)(6). 

regulations that specify financial 

reporting requirements. 

Danny Werfel, 

Deputy Controller. 

[FR Doc. E8–18783 Filed 8–12–08; 8:45 am] 

BILLING CODE 3110–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Revised Fiscal Year 2008 Tariff-Rate 

Quota Allocations for Refined Sugar 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: The Office of the United 

States Trade Representative (USTR) is 

providing notice of additional countryby-country allocations of the in-quota 

quantity of the tariff-rate quotas for 

imported refined sugar for the period 

August 14, 2008 through December 31, 

2008 (FY 2008). 

DATES: Effective Date: August 13, 2008. 

ADDRESSES: Inquiries may be mailed or 

delivered to Leslie O’Connor, Director of 

Agricultural Affairs, Office of 

Agricultural Affairs, Office of the United 

States Trade Representative, 600 17th 

Street, NW., Washington, DC 20508. 

FOR FURTHER INFORMATION CONTACT: 

Leslie O’Connor, Office of Agricultural 

Affairs, telephone: 202–395–6127 or 

facsimile: 202–395–4579. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Additional U.S. Note 5 to chapter 17 

of the Harmonized Tariff Schedule of 

the United States (HTS), the United 

States maintains a tariff-rate quota for 

imports of refined sugar. 

Section 404(d)(3) of the Uruguay 

Round Agreements Act (19 U.S.C. 

3601(d)(3)) authorizes the President to 

allocate the in-quota quantity of a tariffrate quota for any agricultural product 

among supplying countries or customs 

areas. The President delegated this 

authority to the United States Trade 

Representative under Presidential 

Proclamation 6763 (60 FR 1007). 

On August 6, 2008, the Secretary of 

Agriculture increased the in-quota 

quantity of the tariff-rate quota for 

refined sugar for FY 2008 by 272,155 

metric tons raw value, none of which is 

for specialty sugars. A total of 40,000 

metric tons raw value is being allocated 

to Canada. A total of 68,278 metric tons 

raw value is being allocated to Mexico. 

The remaining 163,877 metric tons raw 

value of the in-quota quantity may be 

supplied by any country on a first-come, 

first-served basis, subject to any other 

provision of law. The certificate of quota 

eligibility is required for sugar entering 

under the tariff-rate quota for refined 

sugar that is the product of a country 

that has been allocated a share of the 

tariff-rate quota for refined sugar. 

Susan C. Schwab, 

United States Trade Representative. 

[FR Doc. E8–18769 Filed 8–12–08; 8:45 am] 

BILLING CODE 3190–W8–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on August 8, 2008 at 11:30 a.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 also may 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)(10) and 17 CFR 

200.402(a)(10), permit consideration of 

the scheduled matters at the Closed 

Meeting. 

Commissioner Casey, as duty officer, 

voted to consider the items listed for the 

Closed Meeting in closed session, and 

determined that no earlier notice thereof 

was possible. 

The subject matter of the Closed 

Meeting scheduled for August 8, 2008 

will be: Institution and settlement of 

injunctive actions; and other matters 

related to enforcement proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: August 8, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–18796 Filed 8–12–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58323; File No. SR–YSE–

2008–63] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Extend Until 

October 1, 2008 the Adoption of 

Interim NYSE Rule 128 (Clearly 

Erroneous Executions) 

August 6, 2008. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on July 28, 

2008, New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been substantially prepared by the selfregulatory organization. NYSE 

designated the proposed rule change as 

‘‘non-controversial’’ under Section 

19(b)(3)(A)(iii) of the Act 3 and Rule 

19b–4(f)(6) thereunder,4 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to extend 

until October 1, 2008, the adoption of 

interim NYSE Rule 128 (‘‘Clearly 

Erroneous Executions for NYSE 

Equities’’). The text of the proposed rule 

change is available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

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 

self-regulatory organization included 

statements concerning the purpose of, 

and basis for, the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in Sections A, B, and C below, 

of the most significant parts of such 

statements. 


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47248 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 

5See Securities Exchange Act Release No. 57323 

(February 13, 2008), 73 FR 9371 (February 20, 2008) 

(SR–NYSE–2008–09). 

6See Securities Exchange Act Release No. 57826 

(May 15, 2008), 73 FR 29802 (May 22, 2008) (SR–

NASDAQ–2007–001). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). 

10See 17 CFR 240.19b–4(f)(6)(iii). 

11 Id. 

12 In addition, Rule 19b–4(f)(6)(iii) requires a selfregulatory organization to give the Commission 

written notice of its intent to file the proposed rule 

change at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Commission has determined to waive the five-day 

prefiling period in this case. 

13For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to extend 

until October 1, 2008, the adoption of 

interim NYSE Rule 128 (‘‘Clearly 

Erroneous Executions for NYSE 

Equities’’), which permits the Exchange 

to cancel or adjust clearly erroneous 

executions if they arise out of the use or 

operation of any quotation, execution or 

communication system owned or 

operated by the Exchange, including 

those executions that occur in the event 

of a system disruption or system 

malfunction. 

Prior to the implementation of NYSE 

Rule 128 on January 28, 2008,5 the 

NYSE did not have a rule providing the 

Exchange with the authority to cancel or 

adjust clearly erroneous trades of 

securities executed on or through the 

systems and facilities of the NYSE. 

In order for the NYSE to be consistent 

with other national securities exchanges 

which have some version of a clearly 

erroneous execution rule, the Exchange 

is drafting an amended clearly 

erroneous rule which will accommodate 

such other exchanges, but will be 

appropriate for the NYSE market model. 

Accordingly, the Exchange requests 

an extension until October 1, 2008 of 

the adoption of NYSE Rule 128 in order 

to finalize its clearly erroneous rule. The 

NYSE is mindful that the Commission 

approved an amended clearly erroneous 

execution rule for Nasdaq in May 2008.6

The Exchange is currently reviewing the 

provisions in the Nasdaq’s clearly 

erroneous execution rule and is 

considering the adoption of such 

provisions for an Exchange rule 

amendment. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with and 

furthers the objectives of Section 6(b)(5) 

of the Act,7 in that it is designed to 

prevent fraudulent and manipulative 

practices, to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanisms of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the proposed rule change 

does not: (i) Significantly affect the 

protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days after the date of 

filing, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 8 and 

subparagraph (f)(6) of Rule 19b–4 

thereunder.9

A proposed rule change filed under 

Rule 19b–4(f)(6) normally may not 

become operative prior to the 30th day 

after the date of filing.10 However, Rule 

19b–4(f)(6)(iii) 11 permits the 

Commission to designate a shorter time 

if such action is consistent with the 

protection of investors and the public 

interest.12

The Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Exchange believes that the 

waiver of this period will allow it to 

immediately and timely enable the 

NYSE to cancel or adjust clearly 

erroneous trades that may present a risk 

to the integrity of the equities markets 

and all related markets. According to 

the Exchange, the proposed rule change 

also will allow the Exchange to protect 

customers and the public interest and to 

continue to provide economically 

efficient execution of securities 

transactions. 

The Commission believes that 

waiving the 30-day operative delay will 

allow the Exchange to continue to 

immediately and timely cancel or adjust 

trades that it determines to be clearly 

erroneous under Rule 128. The 

Commission believes that the extension 

of NYSE Rule 128 until October 1, 2008 

will allow the Exchange to continue to 

apply the rule without interruption and 

is consistent with the protection of 

investors and the public interest. The 

Commission hereby designates the 

proposal as operative upon filing.13

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

the rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSE–2008–63 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2008–63. 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 


ebenthall on PRODPC60 with NOTICES
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 47249 

14 17 CFR 200.30–3(a)(12). 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

Copies of such filing also will be 

available for inspection and copying at 

the principal office of the NYSE. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NYSE–2008–63 and should 

be submitted on or before September 3, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–18700 Filed 8–12–08; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection. 

DATES: Submit comments on or before 

October 14, 2008. 

ADDRESSES: Send all comments 

regarding whether this information 

collection is necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Delcine Montgomery, Business 

Development Specialist, Office of Native 

American Affairs, Small Business 

Administration, 409 3rd Street, SW., 

6th Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Delcine Montgomery, Business 

Development Specialist, Office of Native 

American Affairs, 202–205–6195, 

delcine.montgomery@sba.gov, Curtis B. 

Rich, Management Analyst, 202–205–

7030, curtis.rich@sba.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Small Business Administration, Office 

of Native American Affairs (ONAA), is 

continuing a Native American initiative 

that will provide Native American 

Tribes economic development through 

the use of the Tribal Self Assessment 

Tool. 

Title: ‘‘Tribal Self Assessment Tool.’’

Description of Respondents: Native 

Americans. 

Form Number: N/A. 

Annual Responses: 1,000. 

Annual Burden: 2,000. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. E8–18704 Filed 8–12–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 06/76–0330] 

SunTx Fulcrum Fund II—SBIC, L.P.; 

Notice Seeking Exemption Under 

Section 312 of the Small Business 

Investment Act, Conflicts of Interest 

Notice is hereby given that SunTx 

Fulcrum Fund II—SBIC, L.P., Two 

Lincoln Centre, 5420 LBJ Freeway, Suite 

1000, Dallas, Texas 75240, a Federal 

Licensee under the Small Business 

Investment Act of 1958, as amended 

(‘‘the Act’’), in connection with the 

financing of a small concern, has sought 

SBA’s prior written approval under 

section 312 of the Act and section 

107.730(d), Financings with Associates, 

of the Small Business Administration 

(‘‘SBA’’) rules and regulations (13 CFR 

107.730 (2002)). SunTx Fulcrum Fund 

II—SBIC, L.P. proposes to invest in 

NationsBuilders Insurance Services, Inc. 

(‘‘NBIS’’). The financing will provide 

the funding for the information system 

improvement and growth of the 

business. 

The financing is brought within the 

purview of Section 107.730(d) of the 

Regulations because SunTx Fulcrum 

Fund, L.P. and SunTx Fulcrum Dutch 

Investors, L.P., Associates of SunTx 

Fulcrum Fund II—SBIC, L.P., own more 

than 5% of outstanding ownership of 

NBIS. Therefore, this transaction is 

considered as a financing with 

Associates requiring SBA’s prior 

approval. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction, within 15 

days of the date of this publication, to 

the Associate Administrator for 

Investment, U.S. Small Business 

Administration, 409 Third Street, SW., 

Washington, DC 20416. 

Dated: July 9, 2008. 

A. Joseph Shepard, 

Associate Administrator For Investment. 

[FR Doc. E8–18522 Filed 8–12–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6314] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Louvre 

Atlanta: The Louvre and the 

Masterpiece’’

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Louvre 

Atlanta: The Louvre and the 

Masterpiece,’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owner or 

custodian. I also determine that the 

exhibition or display of the exhibit 

objects at the High Museum of Art, 

Atlanta, GA, from on or about October 

11, 2008, until on or about September 6, 

2009; at the Minneapolis Institute of 

Arts, Minneapolis, MN, from on or 

about October 18, 2009, to on or about 

January 10, 2010; and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/453–8048). The address 

is U.S. Department of State, SA–44, 301 

4th Street, SW., Room 700, Washington, 

DC 20547–0001. 


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