Agreement on Social Security Between the United States and the Czech Republic; Entry Into Force, 80505-80506 [E8-31136]
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
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The Exchange notes that NYSE Arca
Equities Rule 9.2(a) provides that an
ETP Holder, before recommending a
transaction in Index-Linked Securities,
must have reasonable grounds to believe
that the recommendation is suitable for
their customer based on any facts
disclosed by the customer as to its other
security holdings and as to its financial
situation and needs. Further, the rule
provides, with a limited exception, that
prior to the execution of a transaction
recommended to a non-institutional
customer, the ETP Holder shall make
reasonable efforts to obtain information
concerning the customer’s financial
status, tax status, investment objectives,
and any other information that such
ETP Holder believes would be useful to
make a recommendation. Prior to the
commencement of trading, the Exchange
will inform its ETP Holders in an
Information Bulletin of this suitability
requirement. Specifically, ETP Holders
will be reminded in the Information
Bulletin that, in recommending
transactions in these securities, they
must have a reasonable basis to believe
that the customer can evaluate the
special characteristics, and is able to
bear the financial risks, of such
investment.
The Exchange believes that these
changes will allow the Exchange greater
flexibility in the listing of Index-Linked
Securities, which will allow the
Exchange to offer investors more
investment options and to remain
competitive in the marketplace. The
Exchange believes that investors will
continue to be protected because the
payment at maturity cannot be based on
a multiple that exceeds three times the
inverse performance of an underlying
Reference Asset.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
section 6(b) 8 of the Act, in general, and
furthers the objectives of section
6(b)(5),9 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,
and 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.
Specifically, the Exchange believes that
the proposed change to the standards for
listing and trading Index-Linked
8 15
9 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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Securities enhances the investment
opportunities for our users by providing
them with an additional degree of
leverage, while also limiting potential
losses or negative payments to
¥300%.10
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:
80505
All submissions should refer to File
Number SR–NYSEArca–2008–136. 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 (https://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, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of the 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–2008–136 and
should be submitted on or before
January 21, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–31098 Filed 12–30–08; 8:45 am]
BILLING CODE 8011–01–P
Electronic Comments
SOCIAL SECURITY ADMINISTRATION
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEArca 2008–136 on the
subject line.
[Docket No. SSA–2008–0064]
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
10 See e-mail from Andrew Stevens, Chief
Counsel—U.S. Equities & Derivatives, NYSE Arca,
Inc., to Mitra Mehr, Special Counsel, Division of
Trading and Markets, Commission, dated December
22, 2008.
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Agreement on Social Security Between
the United States and the Czech
Republic; Entry Into Force
Social Security Administration.
Notice.
AGENCY:
ACTION:
SUMMARY: On January 1, 2009, an
agreement coordinating the United
States (U.S.) and the Czech Republic
social security programs will enter into
force. The agreement with the Czech
Republic, which was signed on
September 7, 2007, is similar to U.S.
social security agreements already in
11 17
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CFR 200.30–3(a)(12).
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80506
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
force with 22 other countries. This
agreement is authorized by section 233
of the Social Security Act. 42 U.S.C.
433.
The U.S.-Czech agreement eliminates
dual social security coverage—a
situation that exists when a worker from
one country works in the other country
and is covered under the social security
systems of both countries for the same
work. Without such agreements in force,
when dual coverage occurs, the worker
or the worker’s employer or both may be
required to pay social security
contributions to the two countries
simultaneously. Under the U.S.-Czech
agreement, a worker who is sent by an
employer in one country to work in the
other country for 5 years or less remains
covered only by the sending country.
The agreement includes additional
rules that eliminate dual U.S. and Czech
coverage in other work situations. The
agreement also helps eliminate
situations where workers suffer a loss of
benefit rights because they have divided
their careers between the two countries.
Under the agreement, workers may
qualify for partial U.S. benefits or partial
Czech benefits based on combined
(totalized) work credits from both
countries.
If you want copies of the agreement or
want more information about its
provisions you may write to the Social
Security Administration, Office of
International Programs, Post Office Box
17741, Baltimore, MD 21235–7741 or
visit the Social Security Web site at
https://www.socialsecurity.gov/
international.
Dated: December 23, 2008.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E8–31136 Filed 12–30–08; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2008–0067]
Rate for Assessment on Direct
Payment Fees to Representatives in
2009
AGENCY:
Office of the General Counsel, Social
Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401.
Phone: (410) 965–0495, e-mail
Gwen.Jones.Kelley@ssa.gov.
Section
406 of Public Law No. 106–170, the
Ticket to Work and Work Incentives
Improvement Act of 1999, established
an assessment for the services required
to determine and certify payments to
attorneys from the benefits due
claimants under Title II of the Act. This
provision is codified in section 206 of
the Act (42 U.S.C. 406). That legislation
set the assessment for the calendar year
2000 at 6.3 percent of the amount that
would be required to be certified for
direct payment to the attorney under
sections 206(a)(4) or (b)(1) of the Act
before the application of the assessment.
For subsequent years, the legislation
requires us to determine the percentage
rate necessary to achieve full recovery of
the costs of determining and certifying
fees to attorneys, but not in excess of 6.3
percent. Beginning in 2005, sections 302
and 303 of Public Law No. 108–203, the
Social Security Protection Act of 2004
(SSPA), extended the direct payment of
fees to attorneys in cases under Title
XVI of the Act and to eligible nonattorney representatives in cases under
Title II or Title XVI of the Act. Fees
directly paid under these provisions are
subject to the same assessment. In
addition, sections 301 and 302 of the
SSPA imposed a dollar cap (i.e.,
currently $83.00) on the amount of the
assessment so that the assessment may
not exceed the lesser of that dollar cap
or the amount determined using the
assessment percentage rate.
Based on the best available data, we
have determined that the current rate of
6.3 percent will continue for 2009. We
will continue to review our costs for
these services on a yearly basis.
SUPPLEMENTARY INFORMATION:
Dated: December 19, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance
and Management.
[FR Doc. E8–31129 Filed 12–30–08; 8:45 am]
BILLING CODE 4191–02–P
Social Security Administration
(SSA).
pwalker on PROD1PC71 with NOTICES
ACTION:
DEPARTMENT OF STATE
Notice.
SUMMARY: We are announcing that the
assessment percentage rate under
sections 206(d) and 1631(d)(2)(C) of the
Social Security Act (the Act), 42 U.S.C.
406 (d), and 1383(d)(2)(C) is 6.3 percent
for 2009.
FOR FURTHER INFORMATION CONTACT:
Gwen Jones Kelley, Acting Associate
General Counsel for Program Law,
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[Public Notice 6471]
List of December 31, 2008 of
Participating Countries and Entities
(Hereinafter Known as ‘‘Participants’’)
Under the Clean Diamond Trade Act of
2003 (Pub. L. 108–19) and Section 2 of
Executive Order 13312 of July 29, 2003
AGENCY:
PO 00000
Department of State.
Frm 00146
Fmt 4703
Sfmt 4703
ACTION:
Notice.
SUMMARY: In accordance with Sections 3
and 6 of the Clean Diamond Trade Act
of 2003 (Pub. L. 108–19) and Section 2
of Executive Order 13312 of July 29,
2003, the Department of State is
identifying all the Participants eligible
for trade in rough diamonds under the
Act, and their respective Importing and
Exporting Authorities, and revising the
previously published list of September
8, 2008 (73 FR 52073) to add Mexico
and delete Cote d‘Ivoire.
FOR FURTHER INFORMATION CONTACT: Sue
Saarnio, Special Advisor for Conflict
Diamonds, Bureau of Economic and
Business Affairs, Department of State
(202) 647–4108.
SUPPLEMENTARY INFORMATION: Section 4
of the Clean Diamond Trade Act (the
‘‘Act’’) requires the President to prohibit
the importation into, or the exportation
from, the United States of any rough
diamond, from whatever source, that
has not been controlled through the
Kimberley Process Certification Scheme
(KPCS). Under Section 3(2) of the Act,
‘‘controlled through the Kimberley
Process Certification Scheme’’ means an
importation from the territory of a
Participant or exportation to the
territory of a Participant of rough
diamonds that is either (i) carried out in
accordance with the KPCS, as set forth
in regulations promulgated by the
President, or (ii) controlled under a
system determined by the President to
meet substantially the standards,
practices, and procedures of the KPCS.
The referenced regulations are
contained at 31 CFR Part 592 (‘‘Rough
Diamonds Control Regulations’’) (69 FR
56936, Sept. 23, 2004). Section 6(b) of
the Act requires the President to publish
in the Federal Register a list of all
Participants, and all Importing and
Exporting Authorities of Participants,
and to update the list as necessary.
Section 2 of Executive Order 13312
delegates this function to the Secretary
of State. Section 3(7) of the Act defines
‘‘Participant’’ as a state, customs
territory, or regional economic
integration organization identified by
the Secretary of State. Section 3(3) of the
Act defines ‘‘Exporting Authority’’ as
one or more entities designated by a
Participant from whose territory a
shipment of rough diamonds is being
exported as having the authority to
validate a Kimberley Process Certificate.
Section 3(4) of the Act defines
‘‘Importing Authority’’ as one or more
entities designated by a Participant into
whose territory a shipment of rough
diamonds is imported as having the
authority to enforce the laws and
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Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80505-80506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31136]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2008-0064]
Agreement on Social Security Between the United States and the
Czech Republic; Entry Into Force
AGENCY: Social Security Administration.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On January 1, 2009, an agreement coordinating the United
States (U.S.) and the Czech Republic social security programs will
enter into force. The agreement with the Czech Republic, which was
signed on September 7, 2007, is similar to U.S. social security
agreements already in
[[Page 80506]]
force with 22 other countries. This agreement is authorized by section
233 of the Social Security Act. 42 U.S.C. 433.
The U.S.-Czech agreement eliminates dual social security coverage--
a situation that exists when a worker from one country works in the
other country and is covered under the social security systems of both
countries for the same work. Without such agreements in force, when
dual coverage occurs, the worker or the worker's employer or both may
be required to pay social security contributions to the two countries
simultaneously. Under the U.S.-Czech agreement, a worker who is sent by
an employer in one country to work in the other country for 5 years or
less remains covered only by the sending country.
The agreement includes additional rules that eliminate dual U.S.
and Czech coverage in other work situations. The agreement also helps
eliminate situations where workers suffer a loss of benefit rights
because they have divided their careers between the two countries.
Under the agreement, workers may qualify for partial U.S. benefits or
partial Czech benefits based on combined (totalized) work credits from
both countries.
If you want copies of the agreement or want more information about
its provisions you may write to the Social Security Administration,
Office of International Programs, Post Office Box 17741, Baltimore, MD
21235-7741 or visit the Social Security Web site at https://
www.socialsecurity.gov/international.
Dated: December 23, 2008.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E8-31136 Filed 12-30-08; 8:45 am]
BILLING CODE 4191-02-P