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]

Download as PDF 5880 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]


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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
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