Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 10633 

11 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 59429 

(February 20, 2009), 74 FR 9016 (February 27, 2009) 

(File No. SR–NYSEALTR–2009–12) (the ‘‘Original 

RMG Fee Filing’’). 

5 Id. 

6See Securities Exchange Act Release No. 60664 

(September 14, 2009), 74 FR 48110 (September 21, 

2009) (File No. SR–NYSEArca–2009–81) (the 

‘‘NYSE Arca RMG Fee Filing’’). 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(4). 

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 website viewing and 

printing 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 such 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 

publicly available. All submissions 

should refer to File Number SR–NYSE– 

2011–04 and should be submitted on or 

before March 18, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–4226 Filed 2–24–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63935; File No. SR– 

NYSEAMEX–2011–07] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the Exchange 

Price List 

February 18, 2011. 

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 February 

14, 2011, NYSE Amex LLC (‘‘NYSE 

Amex’’ 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

2011 Price List for equities (‘‘Price List’’) 

by revising the description of the Risk 

Management Gateway (‘‘RMG’’) fee to 

clarify that the charge is determined on 

the basis of the capacity of the end 

user’s connection in inbound messages 

per second, rather than the actual 

number of inbound messages. The text 

of the proposed rule change is available 

at the Exchange, the Commission’s 

Public Reference Room, http:// 

www.sec.gov, and http://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. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Price List for equities by revising the 

description of the RMG fee to clarify 

that the charge is determined on the 

basis of the capacity of the end user’s 

connection in inbound messages per 

second, rather than the actual number of 

inbound messages. 

On February 12, 2009, the Exchange 

filed a proposed rule change with the 

Commission that established the fee for 

its RMG service to facilitate the ability 

of Sponsoring Member Organizations to 

monitor and oversee the sponsored 

access activity of their Sponsored 

Participants.4 In the Original RMG Fee 

Filing, the Exchange established a fee of 

$3,000 per month for the first 

‘‘Connection’’ plus $1,000 per month for 

each additional ‘‘Connection.’’ A 

‘‘Connection’’ was defined as up to 1,000 

messages per second inbound, 

regardless of the connection’s actual 

capacity.5 Consequently, if a particular 

end user’s connection has the capacity 

to support 3,000 messages per second 

inbound, that end user’s connection will 

be deemed to be three (3) Connections 

and the charge will be $5,000 per 

month. 

Although it is clear from the Original 

RMG Fee Filing that the key variable in 

determining an end user’s RMG fee is 

the capacity in messages per second 

inbound that the end user’s connection 

will support (i.e., the number of 

Connections), the descriptive language 

that was added to the Price List at that 

time was inartfully worded and could 

be misinterpreted as basing the monthly 

RMG fee on the actual number of 

inbound messages. Consequently, the 

Exchange is proposing to modify the 

descriptive language for the RMG fee in 

the Price List to clarify that the fee is 

based on message capacity. There will 

be no change to the pricing itself or the 

basis on which it is currently calculated. 

The Exchange notes that NYSE Arca, 

Inc. (‘‘NYSE Arca’’), in a rule filing with 

the Commission on September 4, 2009,6

established a fee for its RMG service that 

is exactly the same as the Exchange’s 

RMG fee, including the computation of 

the fee based on message capacity. In 

the NYSE Arca RMG Fee Filing, the 

descriptive language that was added to 

the NYSE Arca Fee Schedule describes 

much more clearly and unambiguously 

the basis on which the RMG fee is 

calculated, and the Exchange proposes 

to replace the current descriptive 

language in its Price List with the 

corresponding language from the NYSE 

Arca Fee Schedule. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the provisions of Section 6 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),7 in general, and Section 6(b)(4) 

of the Act,8 in particular, in that it is 

designed to provide for the equitable 

allocation of reasonable dues, fees, and 

other charges among its members and 

other persons using its facilities. The 

Exchange believes that the proposal 

does not constitute an inequitable 

allocation of fees, since there will be no 

change to the current RMG fee which 

has been in effect since February 2009, 

or how it is calculated, only to the 

description of the fee for the purposes 


srobinson on DSKHWCL6B1PROD with NOTICES
10634 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 

9 15 U.S.C. 78s(b)(3)(A). 

10 17 CFR 240.19b–4(f)(2). 11 17 CFR 200.30–3(a)(12). 

of adding clarity regarding the basis and 

calculation of the fee. 

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 

The foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 9 of the Act and 

subparagraph (f)(2) of Rule 19b–4 10

thereunder, because it establishes a due, 

fee, or other charge imposed by NYSE 

Amex. 

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSEAmex–2011–07 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–NYSEAmex–2011–07. 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 (http://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 Web site viewing and 

printing 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 such 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 

publicly available. All submissions 

should refer to File Number SR– 

NYSEAmex–2011–07 and should be 

submitted on or before March 18, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–4227 Filed 2–24–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 7347] 

In the Matter of the Designation of Sect 

of Revolutionaries also known as SE 

also known as Sekhta Epanastaton 

also known as Sekta Epanastaton also 

known as Secta Epanastaton also 

known as Revolutionaries Sect also 

known as Rebel Sect also known as 

Armed Struggle for Revolutionary 

Independence Sect of Revolutionaries 

as a Specially Designated Global 

Terrorist Pursuant to Section 1(b) of 

Executive Order 13224, as Amended 

Acting under the authority of and in 

accordance with section 1(b) of 

Executive Order 13224 of September 23, 

2001, as amended by Executive Order 

13268 of July 2, 2002, and Executive 

Order 13284 of January 23, 2003, I 

hereby determine that the organization 

known as Sect of Revolutionaries, also 

known as SE, also known as Sekhta 

Epanastaton, also known as Sekta 

Epanastaton, also known as Secta 

Epanastaton, also known as 

Revolutionaries Sect, also known as 

Rebel Sect, also known as Armed 

Struggle for Revolutionary 

Independence Sect of Revolutionaries, 

committed, or poses a significant risk of 

committing, acts of terrorism that 

threaten the security of U.S. nationals or 

the national security, foreign policy, or 

economy of the United States. 

Consistent with the determination in 

section 10 of Executive Order 13224 that 

‘‘prior notice to persons determined to 

be subject to the Order who might have 

a constitutional presence in the United 

States would render ineffectual the 

blocking and other measures authorized 

in the Order because of the ability to 

transfer funds instantaneously,’’ I 

determine that no prior notice needs to 

be provided to any person subject to this 

determination who might have a 

constitutional presence in the United 

States, because to do so would render 

ineffectual the measures authorized in 

the Order. 

This notice shall be published in the 

Federal Register. 

Dated: February 22, 2011. 

Hillary Rodham Clinton, 

Secretary of State. 

[FR Doc. 2011–4275 Filed 2–24–11; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA–2011–0011] 

Agency Information Collection Activity 

Under OMB Review 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below is forwarded to the Office of 

Management and Budget OMB) for 

review and comments. A Federal 

Register Notice with a 60-day comment 

period soliciting comments on the 

following information collection was 

published on December 20, 2010 

(Citation 75 FR 79438). No comments 

were received from that notice. 


srobinson on DSKHWCL6B1PROD with NOTICES