Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by NYSE Arca, Inc. Relating to Reduction of Annual Fee for Certain Issues Listed Under Rule 5.2(j)(6)., 5880-5881 [E9-2121]
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Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices
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
BILLING CODE 8011–01–P
• 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–NSCC–2008–12 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Elizabeth M. Murphy,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
dwashington3 on PROD1PC60 with NOTICES
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–2120 Filed 1–30–09; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59270; File No. SR–
NYSEArca–2009–01]
Self-Regulatory Organizations; Notice
of Filing of Proposed Rule Change by
NYSE Arca, Inc. Relating to Reduction
of Annual Fee for Certain Issues Listed
Under Rule 5.2(j)(6).
January 21, 2009.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
All submissions should refer to File
notice is hereby given that, on January
Number SR–NSCC–2008–12. This file
6, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’
number should be included on the
subject line if e-mail is used. To help the or the ‘‘Exchange’’) filed with the
Securities and Exchange Commission
Commission process and review your
(the ‘‘Commission’’) the proposed rule
comments more efficiently, please use
only one method. The Commission will change as described in Items I, II, and
III below, which Items have been
post all comments on the Commission’s
prepared by the self-regulatory
Internet Web site (https://www.sec.gov/
organization. The Commission is
rules/sro.shtml). Copies of the
publishing this notice to solicit
submission, all subsequent
comments on the proposed rule change
amendments, all written statements
from interested persons.
with respect to the proposed rule
I. Self-Regulatory Organization’s
change that are filed with the
Statement of the Terms of Substance of
Commission, and all written
the Proposed Rule Change
communications relating to the
proposed rule change between the
The Exchange, through its wholly
Commission and any person, other than owned subsidiary NYSE Arca Equities,
Inc. (‘‘NYSE Arca Equities’’), is
those that may be withheld from the
proposing to amend its Schedule of Fees
public in accordance with the
and Charges for Exchange Services
provisions of 5 U.S.C. 552, will be
(‘‘Fee Schedule’’) to revise the Annual
available for inspection and copying in
Fees applicable to securities listed in
the Commission’s Public Reference
calendar year 2009 under Rule 5.2(j)(6)
Room, 100 F Street, NE., Washington,
on NYSE Arca, LLC (‘‘NYSE Arca
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. Marketplace’’), the equities facility of
NYSE Arca Equities. The text of the
Copies of such filings also will be
proposed rule change is available on the
available for inspection and copying at
Exchange’s Web Site at https://
the principal office of NSCC and on
www.nyx.com, at the Exchange’s
NSCC’s Web site at https://
principal office, and at the
www.dtcc.com/downloads/legal/
Commission’s public reference room.
rule_filings/2008/nscc/2008-12.pdf. All
II. Self-Regulatory Organization’s
comments received will be posted
Statement of the Purpose of, and
without change; the Commission does
Statutory Basis for, the Proposed Rule
not edit personal identifying
Change
information from submissions. You
should submit only information that
In its filing with the Commission, the
you wish to make available publicly. All self-regulatory organization included
submissions should refer to File
statements concerning the purpose of,
Number SR–NSCC–2008–12 and should
9 17 CFR 200.30–3(a)(12).
be submitted on or before February 23,
1 15 U.S.C. 78s(b)(1).
2009.
2 15
3 17
VerDate Nov<24>2008
15:03 Jan 30, 2009
Jkt 217001
PO 00000
U.S.C. 78a.
CFR 240.19b–4.
Frm 00069
Fmt 4703
Sfmt 4703
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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NYSE Arca has determined to amend
the Exchange’s Fee Schedule to revise
the Annual Fee applicable to securities
listed on the NYSE Arca Marketplace in
calendar year 2009 under Rule 5.2(j)(6)
(Equity Index-Linked Securities,
Commodity-Linked Securities,
Currency-Linked Securities, Fixed
Income Index-Linked Securities,
Futures-Linked Securities and
Multifactor Indexed-Linked Securities).
Specifically, the Exchange proposes to
add new footnote 10 to the Fee
Schedule to state that, during 2009, the
Annual Fee for an issue of securities
listed under Rule 5.2(j)(6) of up to
500,000 shares outstanding will be
$5,000, pro-rated based on days
remaining in 2009.
Under the current Fee Schedule for
Structured Products, which include
securities listed under Rule 5.2(j)(6), the
Annual Fee ranges from $10,000 to
$55,000, based on the total number of
securities outstanding per listed issue.
The current Annual Fee for issues with
up to 6 million shares outstanding is
$10,000. The proposed reduced Annual
Fee would apply for calendar year 2009
to issues newly listed on the NYSE Arca
Marketplace beginning as of January 1,
2009, and would not apply to issues
listed prior to or after calendar year
2009.
As an example of how the Annual Fee
would apply to such issues, if an Equity
Index-Linked Security lists on the NYSE
Arca Marketplace on July 1, 2009 with
500,000 shares outstanding, such
security would pay a pro-rated Annual
Fee for 2009 of $2500 (1⁄2 × $5,000).
The Exchange believes that
temporarily reducing the Annual Fee for
newly listed securities listed under Rule
5.2(j)(6), which include Exchange
Traded Notes or ‘‘ETNs’’, will provide
an incentive for issuers to introduce and
list more such products on the NYSE
Arca Marketplace in 2009, thereby
increasing competition among such
products.
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) 4 of the Act
in general and Section 6(b)(4) 5 of the
Act, in particular, in that it provides for
the equitable allocation of reasonable
dues, fees and other charges among its
issuers and other persons using its
facilities. The Exchange believes that
temporarily reducing the Annual Fee for
newly listed securities listed under Rule
5.2(j)(6) will provide an incentive for
issuers to introduce and list more such
products on the NYSE Arca Marketplace
in 2009, thereby increasing competition
among such products.
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 self-regulatory
organization 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
dwashington3 on PROD1PC60 with NOTICES
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 (https://www.sec.gov/
rules/sro.shtml); or
4 15
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
VerDate Nov<24>2008
15:03 Jan 30, 2009
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEArca–2009–01 on the
subject line.
DEPARTMENT OF STATE
[Public Notice 6503]
Paper Comments
Imposition of Category II Missile
Sanctions Against Three North Korean
Entities
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
AGENCY: Bureau of International
Security and Nonproliferation,
Department of State.
ACTION: Notice.
All submissions should refer to File
Number SR–NYSEArca–2009–01. 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
Section, 100 F Street, NE., Washington,
DC 20549–1090 on official business
days between the hours of 10 a.m. and
3 p.m. Copies of the filing will also be
available for inspection and copying at
NYSE Arca’s principal office and on its
Internet Web site at https://
www.nyse.com. 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–2009–01 and should be
submitted on or before February 23,
2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–2121 Filed 1–30–09; 8:45 am]
BILLING CODE 8011–01–P
6 17
Jkt 217001
5881
PO 00000
CFR 200.30–3(a)(12).
Frm 00070
Fmt 4703
Sfmt 4703
SUMMARY: A determination has been
made that three North Korean entities
have engaged in activities that require
the imposition of missile sanctions
pursuant to the Arms Export Control
Act, as amended, and the Export
Administration Act of 1979, as amended
(as carried out under Executive Order
13222 of August 17, 2001).
DATES: Effective Date: February 2, 2009.
FOR FURTHER INFORMATION CONTACT: Pam
Durham, Office of Missile Threat
Reduction, Bureau of International
Security and Nonproliferation,
Department of State (202–647–4931). On
import ban issues, Rochelle Stern,
Director Policy Planning and Program
Management, Office of Foreign Assets
Control, Department of the Treasury
(202–622–2500). On U.S. Government
procurement ban issues, Kim Triplett,
office of the Procurement Executive,
Department of State (703–875–4079).
SUPPLEMENTARY INFORMATION: Pursuant
to Section 73(a)(1) of the Arms Export
Control Act (22 U.S.C. 2797b(a)(1));
Section 11B(b)(1) of the Export
Administration Act of 1979 (50 U.S.C.
app. 2410b(b)(1)), as carried out under
Executive Order 13222 of August 17,
2001 (hereinafter cited as the ‘‘Export
Administration Act of 1979’’); and
Executive Order 12851 of June 11, 1993;
the U.S. Government determined on
January 15, 2009 that the following
foreign entities had engaged in missile
technology proliferation activities that
require the imposition of missile
sanctions described in Section 73 of the
AECA (22 U.S.C. 2797b) and Section
11B of the EAA (50 U.S.C. Appx
24710b) on these entities:
—Korea Mining and Development
Corporation (KOMID) (North Korea)
and its sub-units and successors
—Mokong Trading Corporation (North
Korea) and its sub-units and
successors
—Sino-Ki (North Korea) and its subunits and successors
Accordingly, the following sanctions
are being imposed on these entities for
two years:
(A) Denial of all new individual
export licenses for the transfer of MTCR
Annex items to the sanctioned entities;
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Notices]
[Pages 5880-5881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2121]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59270; File No. SR-NYSEArca-2009-01]
Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NYSE Arca, Inc. Relating to Reduction of Annual Fee for
Certain Issues Listed Under Rule 5.2(j)(6).
January 21, 2009.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 6, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``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 prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange, through its wholly owned subsidiary NYSE Arca
Equities, Inc. (``NYSE Arca Equities''), is proposing to amend its
Schedule of Fees and Charges for Exchange Services (``Fee Schedule'')
to revise the Annual Fees applicable to securities listed in calendar
year 2009 under Rule 5.2(j)(6) on NYSE Arca, LLC (``NYSE Arca
Marketplace''), the equities facility of NYSE Arca Equities. The text
of the proposed rule change is available on the Exchange's Web Site at
https://www.nyx.com, at the Exchange's principal office, and at the
Commission's public reference room.
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.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
NYSE Arca has determined to amend the Exchange's Fee Schedule to
revise the Annual Fee applicable to securities listed on the NYSE Arca
Marketplace in calendar year 2009 under Rule 5.2(j)(6) (Equity Index-
Linked Securities, Commodity-Linked Securities, Currency-Linked
Securities, Fixed Income Index-Linked Securities, Futures-Linked
Securities and Multifactor Indexed-Linked Securities). Specifically,
the Exchange proposes to add new footnote 10 to the Fee Schedule to
state that, during 2009, the Annual Fee for an issue of securities
listed under Rule 5.2(j)(6) of up to 500,000 shares outstanding will be
$5,000, pro-rated based on days remaining in 2009.
Under the current Fee Schedule for Structured Products, which
include securities listed under Rule 5.2(j)(6), the Annual Fee ranges
from $10,000 to $55,000, based on the total number of securities
outstanding per listed issue. The current Annual Fee for issues with up
to 6 million shares outstanding is $10,000. The proposed reduced Annual
Fee would apply for calendar year 2009 to issues newly listed on the
NYSE Arca Marketplace beginning as of January 1, 2009, and would not
apply to issues listed prior to or after calendar year 2009.
As an example of how the Annual Fee would apply to such issues, if
an Equity Index-Linked Security lists on the NYSE Arca Marketplace on
July 1, 2009 with 500,000 shares outstanding, such security would pay a
pro-rated Annual Fee for 2009 of $2500 (\1/2\ x $5,000).
The Exchange believes that temporarily reducing the Annual Fee for
newly listed securities listed under Rule 5.2(j)(6), which include
Exchange Traded Notes or ``ETNs'', will provide an incentive for
issuers to introduce and list more such products on the NYSE Arca
Marketplace in 2009, thereby increasing competition among such
products.
[[Page 5881]]
2. Statutory Basis
The proposed rule change is consistent with Section 6(b) \4\ of the
Act in general and Section 6(b)(4) \5\ of the Act, in particular, in
that it provides for the equitable allocation of reasonable dues, fees
and other charges among its issuers and other persons using its
facilities. The Exchange believes that temporarily reducing the Annual
Fee for newly listed securities listed under Rule 5.2(j)(6) will
provide an incentive for issuers to introduce and list more such
products on the NYSE Arca Marketplace in 2009, thereby increasing
competition among such products.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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 self-regulatory organization 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 (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2009-01 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2009-01. 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 Section, 100 F Street,
NE., Washington, DC 20549-1090 on official business days between the
hours of 10 a.m. and 3 p.m. Copies of the filing will also be available
for inspection and copying at NYSE Arca's principal office and on its
Internet Web site at https://www.nyse.com. 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-2009-01 and should be submitted
on or before February 23, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2121 Filed 1-30-09; 8:45 am]
BILLING CODE 8011-01-P