Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11221 

Securities Exchange Act Release No. 59182 

(December 30, 2008), 74 FR 730 (January 7, 2009), 

and Securities Exchange Act Release No. 59355 

(February 3, 2009), 74 FR 6677 (February 10, 2009). 

The ORF was amended three additional times in 

2009. See Securities Exchange Act Release No. 

59427 (February 20, 2009), 74 FR 9013 (February 

27, 2009); Securities Exchange Act Release No. 

60093 (June 10, 2009), 74 FR 28749 (June 17, 2009); 

and Securities Exchange Act Release No. 60513 

(August 17, 2009), 74 FR 42719 (August 24, 2009). 

3See CBOE Regulatory Circular RG09–30. 

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

5 15 U.S.C. 78f(b)(4). 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(2). 

8 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. 

The Exchange proposes to eliminate 

the minimum one-cent charge per trade. 

The Exchange does not calculate the 

ORF on a trade-by-trade basis.3 The 

Exchange calculates the ORF by 

multiplying the aggregate number of 

contracts executed by each clearing firm 

every month by the ORF rate and then 

rounding to the nearest $.01 using pure 

rounding (i.e., any digit 5 and above is 

rounded up). Because the Exchange 

does not calculate the ORF on a tradeby-trade basis, the Exchange proposes to 

remove the minimum one-cent charge 

per trade from its fees schedule. 

2. Statutory Basis 

By clarifying how the Exchange 

calculates the ORF, the Exchange 

believes the proposed rule change is 

consistent with section 6(b) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 4, in general, and furthers the 

objectives of section 6(b)(4) 5 of the Act 

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. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE 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 has become 

effective pursuant to section 19(b)(3)(A) 

of the Act 6 and subparagraph (f)(2) of 

Rule 19b–4 7 thereunder. At any time 

within 60 days of the filing of the 

proposed rule change, the Commission 

may summarily abrogate 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–CBOE–2010–020 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–CBOE–2010–020. 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 

available publicly. All submissions 

should refer to File No. SR–CBOE– 

2010–020 and should be submitted on 

or before March 31, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–5067 Filed 3–9–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61639; File No. SR– 

NYSEArca–2010–09] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Listing of 

Wilshire 5000 Total Market ETF and the 

Wilshire 4500 Completion ETF 

March 3, 2010. 

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 

25, 2010, 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 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 list and 

trade the shares of the Wilshire 5000 

Total Market ETF and the Wilshire 4500 

Completion ETF under NYSE Arca 

Equities Rule 5.2(j)(3). The text of the 

proposed rule change is available at the 

Exchange, the Commission’s Public 

Reference Room, 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 


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11222 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

4An Investment Company Unit is a security that 

represents an interest in a registered investment 

company that holds securities comprising, or 

otherwise based on or representing an interest in, 

an index or portfolio of securities (or holds 

securities in another registered investment 

company that holds securities comprising, or 

otherwise based on or representing an interest in, 

an index or portfolio of securities). See NYSE Arca 

Equities Rule 5.2(j)(3)(A). 

5The Wilshire 5000 Index is designed to 

represent the total U.S. equity market. The Wilshire 

5000 Index includes all U.S. equity securities that 

have readily available prices. 

6The Wilshire 4500 Index is a subset of the 

Wilshire 5000 Total Market Index. Designed to 

represent the extended market, the Wilshire 4500 

Index is the Wilshire 5000 Index with the 

components of the S&P 500 Index excluded. 

7Commentary .01(a)(A)(5) to NYSE Arca Equities 

Rule 5.2(j)(3) provides that all securities in the 

index or portfolio shall be U.S. Component Stocks 

listed on a national securities exchange and shall 

be NMS Stocks as defined in Rule 600 of Regulation 

NMS under the Securities Exchange Act of 1934 (17 

U.S.C. 78a) (‘‘Act’’). NYSE Arca Equities Rule 

5.2(j)(3) defines the term ‘‘U.S. Component Stock’’ 

as an equity security that is registered under 

Sections 12(b) or 12(g) of the Act or an American 

Depositary Receipt, the underlying equity security 

of which is registered under Sections 12(b) or 12(g) 

of the Act. 

8As of January 21, 2010, the Wilshire 5000 and 

Wilshire 4500 each included 197 non-NMS stocks. 

Such stocks are traded either on the OTC Bulletin 

Board or the Pink OTC Markets. 

9 17 CFR 240.10A–3. 

10See, e.g., Securities Exchange Act Release No. 

44551 (July 12, 2001), 66 FR 37716 (July 19, 2001) 

(SR–PCX–2001–14) (order approving generic listing 

standards for ICUs and Portfolio Depositary 

Receipts); Securities Exchange Act Release No. 

41983 (October 6, 1999), 64 FR 56008 (October 15, 

1999) (SR–PCX–98–29) (order approving rules for 

listing and trading of ICUs). 

11See the Claymore Exchange-Traded Fund Trust 

Registration Statement on Form N–1A, dated 

December 18, 2009 (File Nos. 333–134551; 811– 

21906) (‘‘Registration Statement’’). 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(5). 

14 15 U.S.C. 78s(b)(3)(A)(iii). 

15 17 CFR 240.19b–4(f)(6). 

16 15 U.S.C. 78s(b)(3)(A). 

17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s intent 

to file the proposed rule change along with a brief 

description and text of the proposed rule change, 

at least five business days prior to the date of filing 

of the proposed rule change, or such shorter time 

as designated by the Commission. The Exchange 

has satisfied the pre-filing requirement. 

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 list and 

trade the shares (‘‘Shares’’) of the 

Wilshire 5000 Total Market ETF and the 

Wilshire 4500 Completion ETF (each, a 

‘‘Fund’’, and, collectively, ‘‘Funds’’) 

under NYSE Arca Equities Rule 5.2(j)(3), 

the Exchange’s listing standards for 

Investment Company Units (‘‘ICUs’’) 4. 

Each of the Funds is a series of the 

Claymore Exchange-Traded Fund Trust. 

The Wilshire 5000 Total Market ETF 

seeks investment results that correspond 

generally to the performance, before the 

Fund’s fees and expenses of the 

Wilshire 5000 Total Market Index 

(‘‘Wilshire 5000’’).5 The Wilshire 4500 

Completion ETF seeks investment 

results that correspond generally to the 

performance, before the Fund’s fees and 

expenses of the Wilshire 4500 

Completion Index (‘‘Wilshire 4500’’, 

and, together with the Wilshire 5000, 

the ‘‘Underlying Indexes’’).6

The Exchange is submitting this 

proposed rule change because the 

Underlying Indexes for the Funds do 

not meet all of the ‘‘generic’’ listing 

requirements of Commentary .01(a)(A) 

to NYSE Arca Equities Rule 5.2(j)(3) 

applicable to listing of ICUs based on 

US indexes. The Underlying Indexes 

meets all such requirements except for 

that set forth in Commentary 

.01(a)(A)(5).7 Specifically, as of January 

21, 2010, stocks comprising 99.952% of 

the weight of the Wilshire 5000 were 

NMS stocks and stocks comprising 

99.734% of the weight of the Wilshire 

4500 were NMS stocks.8

The Exchange represents that: (1) 

Except for Commentary .01(a)(A)(5) to 

NYSE Arca Equities Rule 5.2(j)(3), the 

Shares of the Fund currently satisfy all 

of the generic listing standards under 

NYSE Arca Equities Rule 5.2(j)(3); (2) 

the continued listing standards under 

NYSE Arca Equities Rules 5.2(j)(3) and 

5.5(g)(2) applicable to ICUs shall apply 

to the Shares; and (3) the Trust is 

required to comply with Rule 10A–3 9

under the Act for the initial and 

continued listing of the Shares. In 

addition, the Exchange represents that 

the Shares will comply with all other 

requirements applicable to ICUs 

including, but not limited to, 

requirements relating to the 

dissemination of key information such 

as the value of the Underlying Indexes 

and Intraday Indicative Value, rules 

governing the trading of equity 

securities, trading hours, trading halts, 

surveillance, and Information Bulletin 

to ETP Holders, as set forth in Exchange 

rules applicable to ICUs and prior 

Commission orders approving the 

generic listing rules applicable to the 

listing and trading of ICUs.10

Detailed descriptions of the Funds, 

the Underlying Indexes, procedures for 

creating and redeeming Shares, 

transaction fees and expenses, 

dividends, distributions, taxes, risks, 

and reports to be distributed to 

beneficial owners of the Shares can be 

found in the Registration Statement 11 or 

on the Web site for the Funds (http:// 

www.claymore.com), as applicable. 

2. Statutory Basis 

The proposed rule change is 

consistent with section 6(b) 12 of the 

Act, in general, and furthers the 

objectives of section 6(b)(5),13 in 

particular, in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

impediments to and perfect the 

mechanisms of a free and open market 

and a national market system. The 

Exchange believes that the proposed 

rule change will facilitate the listing and 

trading of an additional type of 

exchange-traded product that will 

enhance competition among market 

participants, to the benefit of investors 

and the marketplace. 

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 Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 14 and Rule 

19b–4(f)(6) thereunder.15 Because the 

proposed rule change does not: (i) 

Significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 16 and Rule 19b–4(f)(6)(iii) 

thereunder.17


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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11223 

18 17 CFR 240.19b–4(f)(6). 

19 17 CFR 240.19b–4(f)(6)(iii). 

20For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 21 17 CFR 200.30–3(a)(12). 

A proposed rule change filed under 

Rule 19b–4(f)(6) 18 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),19 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. The 

Exchange has requested that the 

Commission waive the 30-day operative 

delay so that the proposal may become 

operative immediately upon filing. The 

Exchange states that the proposed rule 

change does not significantly affect the 

protection of investors or the public 

interest and does not impose any 

significant burden on competition. In 

addition, the Exchange believes that it 

has developed adequate trading rules, 

procedures, surveillance programs, and 

listing standards for the continued 

listing and trading of the Shares. 

The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest. The 

Commission notes that the Underlying 

Indexes for the Funds fail to meet the 

requirements set forth in Commentary 

.01(a)(A)(5) to NYSE Arca Equities Rule 

5.2(j)(3) by only a small amount and that 

Exchange has represented that the 

Shares of the Funds currently satisfy all 

of the other generic listing standards 

under NYSE Arca Equities Rule 5.2(j)(3) 

and all other requirements applicable to 

ICUs, as set forth in Exchange rules and 

prior Commission orders approving the 

generic listing rules applicable to the 

listing and trading of ICUs. Therefore, 

the Commission believes that the listing 

and trading of the Shares do not present 

any novel or significant issues or 

impose any significant burden on 

competition, and that waiving the 30- 

day operative delay will benefit the 

market and investors by providing 

market participants with additional 

investing choices. For these reasons, the 

Commission designates the proposed 

rule change as operative under upon 

filing.20

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

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–NYSEArca–2010–09 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–2010–09. 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 

available publicly. All submissions 

should refer to File Number SR– 

NYSEArca–2010–09 and should be 

submitted on or before March 31, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–5066 Filed 3–9–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6915] 

Lifting of Nonproliferation Measures 

Against One Russian Entity 

AGENCY: Department of State. 

ACTION: Notice. 

SUMMARY: A determination has been 

made, pursuant to Section 6 of 

Executive Order 12938 of November 14, 

1994, as amended, to remove 

nonproliferation measures on one 

Russian entity. 

DATES: Effective Date: March 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Pamela K. Durham, Office of Missile 

Threat Reduction, Bureau of 

International Security and 

Nonproliferation, Department of State 

(202–647–4930). 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authorities vested in the President 

by the Constitution and the laws of the 

United States of America, including the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.) 

(‘‘IEEPA’’), the National Emergencies Act 

(50 U.S.C. 1601 et seq.), the Arms 

Export Control Act (22 U.S.C. 2751 et 

seq.), and section 301 of title 3, United 

States Code, and Section 6 of Executive 

Order 12938 of November 14, 1994, as 

amended, a determination was made on 

March 1, 2010, that it is in the foreign 

policy or national security interests of 

the United States to remove the 

restrictions imposed pursuant to 

sections 4(b), 4(c), and 4(d) of the 

Executive Order on the following 

Russian entity, its sub-units and 

successors: 

1. Glavkosmos. 

These restrictions were imposed on 

July 30, 1998 (see 63 FR 42089). 

Dated: March 4, 2010. 

Vann H. Van Diepen, 

Acting Assistant Secretary of State for 

International Security and Nonproliferation. 

[FR Doc. 2010–5135 Filed 3–9–10; 8:45 am] 

BILLING CODE 4710–27–P 


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