Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices 53475 

20 15 U.S.C. 78f(b). 

21 15 U.S.C. 78f(b)(5). 22 17 CFR 200.30–3(a)(12). 

This Information Bulletin will set 

forth the requirements relating to NYSE 

Arca Equities Rule 9.2(a)(2). 

Specifically, the Information Bulletin 

will remind ETP Holders of their 

obligations in recommending 

transactions in the Fund Shares so that 

members have a reasonable basis to 

believe that (1) the recommendation is 

suitable for a customer given reasonable 

inquiry concerning the customer’s 

investment objectives, financial 

situation, needs, and any other 

information known by such member, 

and (2) the customer can evaluate the 

special characteristics, and is able to 

bear the financial risks, of such 

investment. In connection with the 

suitability obligation, the Information 

Circular will also provide that members 

make reasonable efforts to obtain the 

following information: (1) The 

customer’s financial status; (2) the 

customer’s tax status; (3) the customer’s 

investment objectives; and (4) such 

other information used or considered to 

be reasonable by such member or 

registered representative in making 

recommendations to the customer. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) 20 of the Act, in general, and 

furthers the objectives of Section 

6(b)(5),21 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, 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. The Exchange believes 

that the proposed rule change will 

facilitate the listing and trading of 

additional types of exchange-traded 

products that will enhance competition 

among market participants, to the 

benefit of investors and the marketplace. 

In addition, the listing and trading 

criteria set forth in Rule 5.2(j)(3) as 

proposed to be amended are intended 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 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the Exchange consents, 

the Commission will: 

(A) By order approve the proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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 

No. SR–NYSEArca–2008–89 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, Station Place, 100 F Street, 

NE., Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSEArca–2008–89. 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 

Room, 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 Exchange. 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– 

NYSEArca–2008–89 and should be 

submitted on or before October 7, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21526 Filed 9–15–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

American Environmental Corp.; (n/k/a 

TrackBets International, Inc.), BAM! 

Entertainment, Inc., Entertainment 

Technologies & Programs, Inc., Inter 

Con PC, Inc., Rudy Nutrition, Trans 

Global Services, Inc., XCL Ltd., and 

ZymeTx, Inc.; Order of Suspension of 

Trading 

September 12, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of American 

Environmental Corp. (n/k/a TrackBets 

International, Inc.) because it has not 

filed any periodic reports since it filed 

a Form 10–SB–12G with the 

Commission on June 24, 1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of BAM! 

Entertainment, Inc. because it has not 

filed any periodic reports since the 

period ended March 31, 2004. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Entertainment Technologies & 

Programs, Inc. because it has not filed 

any periodic reports since the period 

ended June 30, 2003. 

It appears to the Securities and 

Exchange Commission that there is a 


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53476 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices 

lack of current and accurate information 

concerning the securities of Inter Con 

PC, Inc. because it has not filed any 

periodic reports since the period ended 

March 31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Rudy 

Nutrition because it has not filed any 

periodic reports since the period ended 

September 30, 2005, except for the 

periodic report filed for the period 

ended March 31, 2008. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Trans 

Global Services, Inc. because it has not 

filed any periodic reports since the 

period ended December 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of XCL Ltd. 

because it has not filed any periodic 

reports since the period ended 

September 30, 1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of ZymeTx, 

Inc. because it has not filed any periodic 

reports since the period ended 

December 31, 2001. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed companies 

is suspended for the period from 9:30 

a.m. EDT on September 12, 2008, 

through 11:59 p.m. EDT on September 

25, 2008. 

By the Commission. 

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. E8–21649 Filed 9–12–08; 11:15 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Export Express Pilot Program 

AGENCY: U.S. Small Business 

Administration (SBA). 

ACTION: Notice of Pilot Program 

extension. 

SUMMARY: This notice announces the 

extension of SBA’s Export Express Pilot 

Program until December 31, 2009. This 

extension will allow time for the 

Agency to continue its evaluation of this 

loan program for exporters, including 

the possible delivery of export express 

loans by lenders in SBA’s Preferred 

Lenders-Export Working Capital 

Program (PLP–EWCP), consultation 

with lenders to solicit feedback on 

future program enhancements, and 

analysis of the Program’s performance 

over the next 15 months. 

DATES: The Export Express Pilot 

Program is extended under this notice 

until December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Tunison, Office of International 

Trade, U.S. Small Business 

Administration, 409 Third Street, SW., 

Washington, DC 20416; Telephone (202) 

205–7429; Patrick.Tunison@sba.gov. 

SUPPLEMENTARY INFORMATION: The 

Export Express Pilot Program was 

established in 1998 to assist current and 

prospective small exporters, particularly 

those needing revolving lines of credit. 

Export Express is an SBA Pilot Program 

under the agency’s 7(a) lending program 

that extends streamlined program 

requirements to small business 

exporters and lenders. The maximum 

loan amount under this Program is 

currently limited to $250,000. The pilot 

was scheduled to end on September 30, 

2008. 

This notice announces the extension 

of SBA’s Export Express Pilot Program 

until December 31, 2009. 

Exports attributed to small businesses 

have grown from $300 billion in 2002 to 

$477 billion in 2007. During this time 

period, the number of small business 

exporters grew from 215,000 to 237,000, 

representing 97% of all U.S. exporters. 

In order for the Export Express loan 

product to reach maximum potential 

and serve the special capital needs of 

U.S. small business exporters, SBA is 

refocusing its efforts on Export Express 

and developing a strategic marketing 

plan to the U.S. small business 

community and to the Agency’s lending 

partners, including its Preferred Lenders 

for both the domestic 7(a) loan programs 

as well as the Export Working Capital 

Loan Program (PLP–EWCP). 

The further extension of this pilot 

program through December 31, 2009 

will enable the Agency to analyze the 

program’s existing performance and to 

obtain input from international lenders 

regarding the current structure of the 

Export Express Program, so that any 

future changes to the program are based 

on lender input and performance 

analysis. 

Authority: 13 CFR 120.3. 

Grady B. Hedgespeth, 

Director, Office of Financial Assistance. 

[FR Doc. E8–21553 Filed 9–15–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

National Small Business Development 

Center Advisory Board; Notice of 

Meeting 

AGENCY: U.S. Small Business 

Administration (SBA). 

ACTION: Notice of open Federal advisory 

committee meeting. 

SUMMARY: The SBA is issuing this notice 

to announce the location, date, time and 

agenda for the next meeting of the 

National Small Business Development 

Center (SBDC) Advisory Board. 

DATES: The meeting will be held on 

Tuesday, October 21, 2008 at 1 p.m. 

EST. 

ADDRESSES: This meeting will be held 

via conference call. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a) of the Federal Advisory 

Committee Act (5 U.S.C. Appendix 2), 

SBA announces the meeting of the 

National SBDC Advisory Board. This 

Board provides advice and counsel to 

the SBA Administrator and Associate 

Administrator for Small Business 

Development Centers. 

The purpose of this meeting is to 

discuss following issues pertaining to 

the SBDC Advisory Board: 

—Follow-up on ASBDC Conference. 

—SBA Update from AA/OSBDC. 

—Board Planning. 

FOR FURTHER INFORMATION CONTACT: The 

meeting is open to the public however 

advance notice of attendance is 

requested. Anyone wishing to attend 

and/or make a presentation to the Board 

must contact Alanna Falcone by Friday, 

October 17, 2008, by fax or e-mail in 

order to be placed on the agenda. 

Alanna Falcone, Program Analyst, 409 

Third Street, SW., Washington, DC 

20416, Phone, 202–619–1612, Fax, 202– 

481–0134, e-mail, 

alanna.falcone@sba.gov. 

Additionally, if you need 

accommodations because of a disability 

or require additional information, please 

contact Alanna Falcone at the 

information above. 

Cherylyn H. Lebon, 

Committee Management Officer. 

[FR Doc. E8–21552 Filed 9–15–08; 8:45 am] 

BILLING CODE 8025–01–P 


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