Sunshine Act Meeting, 65709 [E8-26276]
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Federal Register / Vol. 73, No. 214 / Tuesday, November 4, 2008 / Notices
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8–26261 Filed 11–3–08; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
dwashington3 on PRODPC61 with NOTICES
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 Thursday, November 13, 2008 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 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)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matters at the Closed
Meeting.
Commissioner Paredes, as duty
officer, voted to consider the items
listed for the Closed Meeting in closed
session.
The subject matter of the Closed
Meeting scheduled for Thursday,
November 13, 2008 will be: Formal
orders of investigation; Institution and
settlement of injunctive actions;
Institution and settlement of
administrative proceedings of an
enforcement nature; Adjudicatory
matters; and Other matters relating 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: October 30, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–26276 Filed 11–3–08; 8:45 am]
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[Release No. 34–58873; File No. SR–
NYSEArca–2008–110]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and Order
Granting Accelerated Approval of
Proposed Rule Change Relating to
Listing Shares of the MacroShares
$100 Oil Up Trust and the MacroShares
$100 Oil Down Trust
October 28, 2008.
Sunshine Act Meeting
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on October
15, 2008, 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 prepared
by the Exchange. The Commission is
publishing this notice and order to
solicit comments on the proposed rule
change from interested persons and to
approve the proposed rule change on an
accelerated basis.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Pursuant to the provisions of Section
19(b)(1) of the Act,3 NYSE Arca, through
its wholly owned subsidiary NYSE Arca
Equities, Inc. (‘‘NYSE Arca Equities’’),
proposes to list and trade under NYSE
Arca Equities Rule 8.400 (‘‘Paired Trust
Shares’’) shares of the MacroShares
$100 Oil Up Trust (‘‘Up Trust’’) and the
MacroShares $100 Oil Down Trust
(‘‘Down Trust’’, and, together with the
Up Trust, the ‘‘Trusts’’). The shares of
the Up Trust are referred to as the Up
MacroShares, and the shares of the
Down Trust are referred to as the Down
MacroShares (collectively, the
‘‘Shares’’). The text of the proposed rule
change is available on the Exchange’s
Web site at https://www.nyse.com, at the
Exchange’s principal office and at the
Public Reference Room of the
Commission.
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(1).
2 17
PO 00000
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65709
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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to list and
trade under NYSE Arca Equities Rule
8.400 (‘‘Paired Trust Shares’’) the Up
MacroShares (symbol: UOY) and the
Down MacroShares (symbol: DOY).4
The Up MacroShares and the Down
MacroShares will be offered by the Up
Trust and the Down Trust, respectively,
established by MACRO Securities
Depositor LLC, as depositor, under the
laws of the State of New York. The
Trusts are not registered with the
Commission as investment companies.5
The Trusts are currently listed on NYSE
Alternext US LLC (NYSE Alternext US
(formerly, the American Stock Exchange
LLC (‘‘Amex’’)) and are traded on the
Exchange pursuant to unlisted trading
privileges (‘‘UTP’’).6 Prior to listing on
the Exchange, the Trusts would be
required to satisfy the applicable
delisting procedures of NYSE Alternext
US and applicable statutory and
regulatory requirements, including,
without limitation, Section 12 of the
4 The Commission approved trading a similar
product on the Exchange pursuant to unlisted
trading privileges when it approved NYSE Arca
Equities Rule 8.400. See Securities Exchange Act
Release No. 55033 (December 29, 2006), 72 FR 1253
(January 10, 2007) (SR–NYSEArca–2006–75)
(approving UTP trading of Claymore MACROshares
Oil Up Tradeable Shares and Claymore
MACROshares Oil Down Tradeable Shares). The
Commission also approved such product for listing
and trading on the American Stock Exchange LLC.
See Securities Exchange Act Release No. 54839
(November 29, 2006), 71 FR 70804 (December 6,
2006) (SR–Amex–2006–82) (approving listing and
trading Claymore MACROshares Oil Up Tradeable
Shares and Claymore MACROshares Oil Down
Tradeable Shares).
5 The Shares are being offered by the Trusts under
the Securities Act of 1933, as amended. On April
17, 2008, the depositor filed with the Commission
a Registration Statement on Form S–1 for both the
Up MacroShares (File No. 333–150282–01) (‘‘Up
Trust Registration Statement’’) and the Down
MacroShares (File No. 333–150282–02) (‘‘Down
Trust Registration Statement’’ and together with the
Up Trust Registration Statement, the ‘‘Registration
Statements’’).
6 See Securities Exchange Act Release No. 58057
(June 30, 2008), 73 FR 38474 (July 7, 2008) (SR–
Amex–2008–36) (order approving listing of the
Trusts on the Amex) (‘‘Amex Order’’); Securities
Exchange Act Release No. 58058 (June 30, 2008), 73
FR 38484 (July 7, 2008) (SR–NYSEArca–2008–65)
(order approving trading of the Trusts on the
Exchange pursuant to UTP) (‘‘NYSE Arca Order’’).
E:\FR\FM\04NON1.SGM
04NON1
Agencies
[Federal Register Volume 73, Number 214 (Tuesday, November 4, 2008)]
[Notices]
[Page 65709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26276]
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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 Thursday,
November 13, 2008 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 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)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
Commissioner Paredes, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
The subject matter of the Closed Meeting scheduled for Thursday,
November 13, 2008 will be: Formal orders of investigation; Institution
and settlement of injunctive actions; Institution and settlement of
administrative proceedings of an enforcement nature; Adjudicatory
matters; and Other matters relating 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: October 30, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-26276 Filed 11-3-08; 8:45 am]
BILLING CODE 8011-01-P