1678 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices 

11 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3References to ISE Members in this filing refer to 

DECN Subscribers who are ISE Members. 

4On July 1, 2009, the Exchange adopted a new 

Ultra Tier Rebate whereby ISE Members were 

provided a $0.0032 rebate per share for securities 

priced at or above $1.00 when ISE Members add 

liquidity on EDGX if the attributed MPID satisfies 

one of the following criteria on a daily basis, 

measured monthly: (i) Adding 100,000,000 shares 

or more on EDGX; or (ii) adding 50,000,000 shares 

or more of liquidity on EDGX, so long as added 

liquidity on EDGX is at least 20,000,000 shares 

greater than the previous calendar month. The 

rebate described above is referred to as an ‘‘Ultra 

Tier Rebate’’ on the DECN fee schedule. See 

Securities and Exchange Act Release No. 60232 

(July 2, 2009), 74 FR 33309 (July 10, 2009)(SR–ISE– 

2009–43). 

On October 1, 2009, the Exchange amended the 

criteria for meeting this tier by allowing ISE 

Members to receive a $0.0032 rebate per share for 

securities priced at or above $1.00 when ISE 

Members add liquidity on EDGX if the attributed 

MPID posts 1% of the total consolidated volume 

(‘‘TCV’’) in average daily volume (‘‘ADV’’). TCV is 

defined as volume reported by all exchanges and 

trade reporting facilities to the consolidated 

transaction reporting plans for Tape A, B, and C 

securities. See Securities Exchange Act Release No. 

60769 (October 2, 2009) 74 FR 51903 (October 8, 

2009)(SR–ISE–2009–68). 

On May 1, 2009, the Exchange amended the 

Super Tier rebate, which provides a $0.0030 rebate 

per share for liquidity added on EDGX if the 

attributed MPID satisfies any of the following three 

criteria on a daily basis, measured monthly: (i) 

Adding 40,000,000 shares or more on either EDGX, 

EDGA, or EDGX and EDGA combined; (ii) adding 

20,000,000 shares or more on either EDGX, EDGA, 

or EDGX and EDGA combined and routing 

20,000,000 shares or more through EDGA; or (iii) 

adding 10,000,000 shares or more of liquidity to 

EDGX, so long as added liquidity on EDGX is at 

least 5,000,000 shares greater than the previous 

calendar month. See Securities Exchange Act 

Release No. 59887 (May 7, 2009), 74 FR 22792 (May 

14, 2009)(SR–ISE–2009–24). 

To adjust DECN’s pricing model to be more 

consistent with other exchanges (even though 

DECN is not an exchange), in SR–ISE–2009–108, 

the Exchange proposed to de-link the pricing 

structures of DECN to eliminate pricing offers that 

are contingent on activity across both platforms. 

Secondly, in that filing, the Exchange proposed to 

simplify its fee schedule, which will provide 

Members with greater consistency and transparency 

during the period that the EDGA and EDGX 

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–2009–95 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–2009–95. 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 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 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–2009–95 and 

should be submitted on or before 

February 2, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–298 Filed 1–11–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61290; File No. SR–ISE– 

2009–109] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Order 

Granting Accelerated Approval to a 

Proposed Rule Change Relating to the 

Amounts That Direct Edge ECN, in Its 

Capacity as an Introducing Broker for 

Non-ISE Members, Passes Through to 

Such Non-ISE Members 

January 5, 2010. 

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 December 

31, 2009, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I and II below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons, and is 

approving the proposal on an 

accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to modify the 

amounts that Direct Edge ECN 

(‘‘DECN’’), in its capacity as an 

introducing broker for non-ISE 

Members, passes through to such nonISE Members. 

The text of the proposed rule change 

is available on the Exchange’s Internet 

Web site at http://www.ise.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 these statements may be examined at 

the places specified in Item III below. 

The self-regulatory organization has 

prepared summaries, set forth in 

sections A, B and C below, of the most 

significant aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

DECN, a facility of ISE, operates two 

trading platforms, EDGX and EDGA. On 

December 30, 2009, the ISE filed for 

immediate effectiveness a proposed rule 

change to amend Direct Edge ECN’s 

(‘‘DECN’’) fee schedule for ISE 

Members 3 to simplify its fee schedule 

by (i) eliminating the Super Tier and 

Ultra Tier rebates; 4 and (ii) amending 

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices 1679 

Exchanges are preparing to launch, when volume 

will be transitioning from DECN to the EDGA and 

EDGX Exchanges (assuming their respective Form 

1 applications are approved by the Commission). 

Finally, the Exchange believes that the proposed 

rate changes will help to maintain the competitive 

position of DECN. On May 7, 2009, each of EDGA 

Exchange, Inc. and EDGX Exchange, Inc. (the 

‘‘EDGA and EDGX Exchanges’’) filed their respective 

Form 1 applications to register as a national 

securities exchange (‘‘Form 1’’) pursuant to Section 

6 of the Securities Exchange Act of 1934. On July 

30, 2009, the Exchanges filed Amendment No. 1 to 

the Form 1 Application. On September 17, 2009, 

the Form 1 was published in the Federal Register 

for notice and comment. See Securities Exchange 

Act Release No. 60651 (September 11, 2009), 74 FR 

47827 (September 17, 2009). 

To effectuate the foregoing, in SR–ISE–2009–108, 

the Exchange deleted the Super Tier and Ultra Tier 

rebates discussed above. 

5 In SR–ISE–2009–108, the Exchange amended its 

fee schedule for adding liquidity on EDGX from free 

to 0.15% of the dollar value of the transaction for 

securities priced less than $1. For removing 

liquidity on EDGX, the Exchange amended its fee 

schedule for the removal fee from 0.20% of the 

dollar value of the transaction to 0.30% of the 

dollar value of the transaction. 

DECN does not charge port charges to Members 

executing 200,000 shares or more of combined 

liquidity on EDGX and/or EDGA on a monthly 

basis, per port. Any port (or number of ports) in 

excess of this, however, was charged $50 per port, 

per month. In SR–ISE–2009–108, the Exchange 

eliminated this contingency and provided that all 

port charges are free irrespective of how much 

volume the Member executes. 

Previously, the Exchange provided that the 

removal rate on EDGA, which was a rebate of 

$0.0002 per share, was contingent on the attributed 

MPID adding or routing a minimum average daily 

share volume, measured monthly, of 50,000 shares 

on EDGA. In SR–ISE–2009–108, the Exchange 

provided that hidden order executions (Flag H) also 

count toward this volume. As a result, any 

attributed MPID not meeting this minimum will be 

charged $0.0030 per share for removing liquidity 

from EDGA. In addition, the Exchange eliminated 

this contingency (in footnote 1 of the fee schedule) 

as it applies to EDGX or EDGA/EDGX combined 

volume. As mentioned above, the Exchange delinked the pricing structures of DECN (EDGA/ 

EDGX) to eliminate pricing offers that are 

contingent on activity across both platforms. 

For adding liquidity on EDGA, Members were 

charged $0.0002 per share to add liquidity on EDGA 

unless the attributed MPID added a minimum 

average daily share volume, measured monthly, of 

at least 50,000,000 shares on EDGA. Any attributed 

MPID meeting this minimum would not be charged 

to add liquidity on EDGA. In SR–ISE–2009–108, the 

Exchange deleted the above paragraph in footnote 

1 as the current charge of $0.0002 per share to add 

liquidity on EDGA is no longer dependent on 

Members adding a minimum average daily share 

volume, measured monthly, of at least 50,000,000 

shares on EDGA. In addition, any attributed MPID 

meeting this minimum will also be charged $0.0002 

per share to add liquidity on EDGA. Therefore, the 

text in footnote 1 has been deleted to reflect this 

change. 

Members could qualify for a rebate of $0.0032 per 

share for all liquidity posted on EDGX if they: (i) 

Added or route at least 10,000,000 shares of average 

daily volume prior to 9:30 a.m. or after 4 p.m. 

(includes all flags except 6); and (ii) added a 

minimum of 75,000,000 shares of average daily 

volume on EDGX in total, including during both 

market hours and pre- and post-trading hours. In 

SR–ISE–2009–108, for EDGX, the Exchange 

amended this as follows: for Members adding 

volume in securities priced $1 and over, they will 

receive a rebate of $0.0031 per share for all liquidity 

posted on EDGX if they: (i) add or route at least 

5,000,000 shares of average daily volume prior to 

9:30 a.m. or after 4 p.m. (includes all flags except 

6); and (ii) add a minimum of 50,000,000 shares of 

average daily volume on EDGX in total, including 

during both market hours and pre- and post-trading 

hours (emphasis added). The new thresholds allow 

more Members to receive this rebate and is 

designed to reward members who add or route 

significant order flow to EDGX both during market 

hours and pre- and post-trading hours. It is also 

designed to increase liquidity during pre- and posttrading hours. For all Members, including Members 

not meeting the above thresholds, the Exchange 

now proposes to rebate $0.0029 per share for adding 

liquidity (to EDGX) in securities on all Tapes. This 

replaced the Super Tier and Ultra Tier structure 

that had been in place and is described above. 

Conforming amendments were made to flags B, V, 

Y, 3 & 4 (‘‘add liquidity’’ flags) to reflect this fee 

change. 

For removing liquidity, the Exchange charged 

$0.0028 per share for removing liquidity on EDGX 

for securities on all Tapes. In SR–ISE–2009–108, the 

Exchange amended the fee schedule to charge 

$0.0029 per share for removing liquidity on EDGX. 

The Exchange believes that this fee structure will 

enable it to compete effectively with other market 

centers. Conforming amendments were made to the 

N, W, and 6 flags (‘‘remove liquidity’’ flags) to reflect 

this fee change. 

Finally, in SR–ISE–2009–108, the Exchange 

amended the fee for EDGA orders routed to EDGX. 

Previously, the Exchange charged $0.0028 per share 

and this event yielded flag ‘‘I’’. In SR–ISE–2009– 

108, the Exchange increased this fee to $0.0029 per 

share on the EDGA platform. The Exchange believes 

that this rate change will enable it to maintain a 

competitive position with regards to other away 

market centers. 

6 15 U.S.C. 78f. 

7 15 U.S.C. 78f(b)(4). 

its fees and rebates.5 The changes made pursuant to SR–ISE–2009–108 became 

operative on January 1, 2010. 

In its capacity as a member of ISE, 

DECN currently serves as an introducing 

broker for the non-ISE Member 

subscribers of DECN to access EDGX 

and EDGA. DECN, as an ISE Member 

and introducing broker, receives rebates 

and is assessed charges from DECN for 

transactions it executes on EDGX or 

EDGA in its capacity as introducing 

broker for non-ISE Members. Since the 

amounts of such rebates and charges 

were changed pursuant to SR–ISE– 

2009–108, DECN wishes to make 

corresponding changes to the amounts it 

passes through to non-ISE Member 

subscribers of DECN for which it acts as 

introducing broker. As a result, the per 

share amounts that non-ISE Member 

subscribers receive and are charged will 

be the same as the amounts that ISE 

Members receive and are charged. 

ISE is seeking accelerated approval of 

this proposed rule change, as well as an 

effective date of January 1, 2010. ISE 

represents that this proposal will ensure 

that both ISE Members and non-ISE 

Members (by virtue of the pass-through 

described above) will in effect receive 

and be charged equivalent amounts and 

that the imposition of such amounts 

will begin on the same January 1, 2010 

start date. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,6

in general, and furthers the objectives of 

Section 6(b)(4),7 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. In 

particular, this proposal will ensure that 

dues, fees and other charges imposed on 

ISE Members are equitably allocated to 

both ISE Members and non-ISE 

Members (by virtue of the pass-through 

described above). 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

III. 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 

No. SR–ISE–2009–109 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–ISE–2009–109. 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 

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1680 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices 

8 In approving this proposal, the Commission has 

considered its impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

9 15 U.S.C. 78f(b)(4). 

10 Id. 

11 15 U.S.C. 78s(b)(2). 

12 17 CFR 200.30–3(a)(12). 

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 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 such filing also will be 

available for inspection and copying at 

the principal office of the ISE. 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–ISE–2009–109 and should 

be submitted on or before February 2, 

2010. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of 

Proposed Rule Change 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

exchange.8 Specifically, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(4) 9 of the Act, which requires that 

the rules of a national securities 

exchange provide for the equitable 

allocation of reasonable dues, fees, and 

other charges among members and 

issuers and other persons using its 

facilities. 

As described more fully above, ISE 

recently amended DECN’s fee schedule 

for ISE Members pursuant to SR–ISE– 

2009–108 (the ‘‘Member Fee Filing’’). 

The fee changes made pursuant to the 

Member Fee Filing became operative on 

January 1, 2010. DECN receives rebates 

and is charged fees for transactions it 

executes on EGDX or EDGA in its 

capacity as an introducing broker for its 

non-ISE member subscribers. 

The current proposal, which will 

apply retroactively to January 1, 2010, 

will allow DECN to pass through the 

revised rebates and fees to the non-ISE 

member subscribers for which it acts as 

an introducing broker. The Commission 

finds that the proposal is consistent 

with the Act because it will provide 

rebates and charge fees to non-ISE 

member subscribers that are equivalent 

to those established for ISE member 

subscribers in the Member Fee Filing.10

ISE has requested that the 

Commission find good cause for 

approving the proposed rule change 

prior to the thirtieth day after 

publication of notice of filing thereof in 

the Federal Register. As discussed 

above, the proposal will allow DECN to 

pass through to non-ISE member 

subscribers the revised rebate and fees 

established for ISE member subscribers 

in the Member Fee Filing, resulting in 

equivalent rebates and fees for ISE 

member and non-member subscribers. 

In addition, because the proposal will 

apply the revised rebates and fees 

retroactively to January 1, 2010, the 

revised rebates and fees will have the 

same effective date, thereby promoting 

consistency in the DECN’s fee schedule. 

Accordingly, the Commission finds 

good cause, pursuant to Section 19(b)(2) 

of the Act, for approving the proposed 

rule change prior to the thirtieth day 

after the date of publication of notice of 

filing thereof in the Federal Register. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,11 that the 

proposed rule change (SR–ISE–2009– 

109) be, and hereby is, approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–297 Filed 1–11–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6864] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Roman 

Art’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Roman Art,’’ 

imported from abroad for temporary 

exhibition within the United States, are 

of cultural significance. The objects are 

imported pursuant to loan agreements 

with the foreign owners or custodians. 

I also determine that the exhibition or 

display of the exhibit objects at the 

Metropolitan Museum of Art, New York, 

NY, from on or about January 2010 until 

on or about January 2014, and at 

possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/632–6473). The address 

is U.S. Department of State, SA–5, L/PD, 

Fifth Floor, Washington, DC 20522– 

0505. 

Dated: January 4, 2010. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2010–358 Filed 1–11–10; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6863] 

Culturally Significant Objects Imported 

for Exhibition: Determinations: 

‘‘Giovanni Boldini in Impressionist 

Paris’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘Giovanni 

Boldini in Impressionist Paris,’’ 

imported from abroad for temporary 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES