Sunshine Act Meeting, 28483 [2011-12191]
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Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Notices
the date of the hearing (if ordered) and
any postponements thereof. At any time
after said date, the Commission may
issue an order granting the application
upon request or upon the Commission’s
own motion.
SECURITIES AND EXCHANGE
COMMISSION
For the Commission, by the Division of
Corporation Finance, pursuant to delegated
authority.
Elizabeth M. Murphy,
Secretary.
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of Proposed
Rule Change To List and Trade Shares
of the Following Under NYSE Arca
Equities Rule 8.200: ProShares Short
DJ–UBS Natural Gas, ProShares Ultra
DJ–UBS Natural Gas and ProShares
UltraShort DJ–UBS Natural Gas
[FR Doc. 2011–12064 Filed 5–16–11; 8:45 am]
BILLING CODE 8011–01–P
May 11, 2011.
SECURITIES AND EXCHANGE
COMMISSION
Emcdonald on DSK2BSOYB1PROD with NOTICES
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, May 19, 2011 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 a closed
session, and determined that no earlier
notice thereof was possible.
The subject matter of the Closed
Meeting scheduled for Thursday, May
19, 2011 will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings; 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: May 13, 2011.
Cathy H. Ahn,
Deputy Secretary.
[Release No. 34–64464; File No. SR–
NYSEArca–2011–24]
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on April 28,
2011, NYSE Arca, Inc. (the ‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(the ‘‘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 to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to list and
trade shares of the following under
NYSE Arca Equities Rule 8.200:
ProShares Short DJ–UBS Natural Gas,
ProShares Ultra DJ–UBS Natural Gas
and ProShares UltraShort DJ–UBS
Natural Gas. The text of the proposed
rule change is available at the Exchange,
the Commission’s Public Reference
Room, and https://www.nyse.com.
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.
[FR Doc. 2011–12191 Filed 5–13–11; 4:15 pm]
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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28483
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NYSE Arca Equities Rule 8.200,
Commentary .02 permits the trading of
Trust Issued Receipts (‘‘TIRs’’) either by
listing or pursuant to unlisted trading
privileges (‘‘UTP’’).3 The Exchange
proposes to list and trade shares
(‘‘Shares’’) of the following pursuant to
NYSE Arca Equities Rule 8.200:
ProShares Short DJ–UBS Natural Gas,
ProShares Ultra DJ–UBS Natural Gas
and ProShares UltraShort DJ–UBS
Natural Gas (each a ‘‘Fund’’ and,
collectively, the ‘‘Funds’’).4 Each of the
Funds is a series of the ProShares Trust
II (‘‘Trust’’), a Delaware statutory trust.
ProShare Capital Management LLC
(‘‘Sponsor’’) is the Trust’s Sponsor, and
Wilmington Trust Company is the
Trust’s trustee. Brown Brothers
Harriman & Co. (‘‘Administrator’’) serves
as the administrator, custodian and
transfer agent of the Funds. SEI
Investments Distribution Co.
(‘‘Distributor’’) serves as distributor of
the Shares.
The Exchange notes that the
Commission has previously approved
the listing and trading of other series of
the Commodities and Currency Trust
(now known as ProShares Trust II) both
on the American Stock Exchange LLC 5
and on NYSE Arca pursuant to unlisted
trading privileges (‘‘UTP’’),6 and listing
on NYSE Arca.7 In addition, the
3 Commentary .02 to NYSE Arca Equities Rule
8.200 applies to TIRs that invest in ‘‘Financial
Instruments.’’ The term ‘‘Financial Instruments,’’ as
defined in Commentary .02(b)(4) to NYSE Arca
Equities Rule 8.200, means any combination of
investments, including cash; securities; options on
securities and indices; futures contracts; options on
futures contracts; forward contracts; equity caps,
collars and floors; and swap agreements.
4 See Post-Effective Amendment No. 1 dated May
28, 2010 (File No. 333–163511) and Post-Effective
Amendment No. 4 dated April 13, 2011 (File No.
333–163511) to the Funds’ Registration Statement
on Form S–3 (‘‘Registration Statements’’). The
description of the Funds and the Shares contained
herein are based on the Registration Statements.
5 See Securities Exchange Act Release No. 58161
(July 15, 2008), 73 FR 42380 (July 21, 2008) (SR–
Amex–2008–39) (‘‘Amex Proposal’’).
6 See Securities Exchange Act Release No. 58163
(July 15, 2008), 73 FR 42391 (July 21, 2008) (SR–
NYSEArca–2008–73).
7 See Securities Exchange Act Release No. 58457
(September 3, 2008), 73 FR 52711 (September 10,
2008) (SR–NYSEArca–2008–91). The series of the
Trust approved for Exchange listing by the
Commission included the Ultra DJ–AIG Commodity
ProShares, UltraShort DJ–AIG Commodity
ProShares, Ultra DJ–AIG Agriculture ProShares,
UltraShort DJ–AIG Agriculture ProShares, Ultra DJ–
AIG Crude Oil ProShares, UltraShort DJ–AIG Crude
Oil ProShares, Ultra Gold ProShares, UltraShort
Gold ProShares, Ultra Silver ProShares, UltraShort
Continued
Sfmt 4703
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17MYN1
Agencies
[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Page 28483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12191]
-----------------------------------------------------------------------
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, May 19,
2011 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 a closed session, and determined that
no earlier notice thereof was possible.
The subject matter of the Closed Meeting scheduled for Thursday,
May 19, 2011 will be:
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; 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: May 13, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-12191 Filed 5-13-11; 4:15 pm]
BILLING CODE 8011-01-P