Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 5881 

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

5 15 U.S.C. 78f(b)(4). 6 17 CFR 200.30–3(a)(12). 

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 

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–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 (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 

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 http:// 

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 

DEPARTMENT OF STATE 

[Public Notice 6503] 

Imposition of Category II Missile 

Sanctions Against Three North Korean 

Entities 

AGENCY: Bureau of International 

Security and Nonproliferation, 

Department of State. 

ACTION: Notice. 

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; 


dwashington3 on PROD1PC60 with NOTICES
5882 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 

(B) Denial of all U.S. Government 

contracts relating to MTCR Annex items 

with the sanctioned entities; and 

(C) Prohibition on the importation 

into the U.S. of all products produced 

by the sanctioned entities. 

Additionally, because North Korea is 

a country with a non-market economy 

that is not a former member of the 

Warsaw Pact (as referenced in the 

definition of ‘‘person’’ in section 

74(8)(B) of the Arms Export Control 

Act), the following sanctions shall be 

applied for two years to all activities of 

the North Korean government relating to 

the development or production of 

missile equipment or technology and all 

activities of the North Korean 

government affecting the development 

or production of electronics, space 

systems or equipment, and military 

aircraft: 

(A) Denial of all new individual 

export licenses for the transfer to the 

government activities described above 

of MTCR Annex items controlled 

pursuant to the Arms Export Control 

Act; 

(B) Denial of all U.S. Government 

contracts relating to MTCR Annex items 

with the government activities 

described above; and 

(C) Prohibition on the importation 

into the U.S. of all products produced 

by the government activities described 

above. 

These measures shall be implemented 

by the responsible departments and 

agencies of the United States 

Government as provided in Executive 

Order 12851 of June 11, 1993. 

Dated: January 21, 2009. 

C.S. Eliot Kang, 

Acting Assistant Secretary of State for 

International Security and Nonproliferation, 

Department of State. 

[FR Doc. E9–2175 Filed 1–30–09; 8:45 am] 

BILLING CODE 4710–27–P 

DEPARTMENT OF STATE 

[Public Notice 6501] 

Imposition of Category II Missile 

Sanctions on Two Entities in China 

AGENCY: Bureau of International 

Security and Nonproliferation, 

Department of State. 

ACTION: Notice. 

SUMMARY: A determination has been 

made that two entities in China 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 

24710(b) on these entities: 

Dalian Sunny Industries, (China) also 

known as: LIMMT Economic and Trade 

Company Ltd.; LIMMT (Dalian) 

Metallurgy and Minerals Co.; and 

LIMMT (Dalian FTZ) Economic and 

Trade Organization, and its sub-units 

and successors; and Bellamax (China) 

and its sub-units 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; 

(B) Denial of all U.S. Government 

contracts relating to MTCR Annex items 

with the sanctioned entities; and 

(C) Prohibition on the importation 

into the U.S. of all products produced 

by the sanctioned entities. 

Further, a determination was made 

pursuant to section 73(e) of the Arms 

Export Control Act (22 U.S.C. 2797b(e)) 

that it was essential to the national 

security of the United States to waive 

the sanctions described above with 

respect to the activities of the Chinese 

government described in section 

74(a)(8)(B) of the Arms Export Control 

Act (22 U.S.C. 2797c(a)(8)(B))—that is, 

activities of the Chinese government 

relating to the development or 

production of any missile equipment or 

technology and activities of the Chinese 

government affecting the development 

or production of electronics, space 

systems or equipment, and military 

aircraft. 

These measures shall be implemented 

by the responsible departments and 

agencies of the United States 

Government as provided in Executive 

Order 12851 of June 11, 1993. 

Dated: January 21, 2009. 

C.S. Eliot Kang, 

Acting Assistant Secretary of State for 

International Security and Nonproliferation, 

Department of State. 

[FR Doc. E9–2178 Filed 1–30–09; 8:45 am] 

BILLING CODE 4710–27–P 

DEPARTMENT OF STATE 

[Public Notice 6500] 

Imposition of Nonproliferation 

Measures on Three North Korean 

Entities and One Iranian Entity 

AGENCY: Bureau of International 

Security and Nonproliferation, 

Department of State. 

ACTION: Notice. 

SUMMARY: The U.S. Government has 

determined that four foreign entities 

have engaged in proliferation activities 

that warrant the imposition of measures 

pursuant to Executive Order 12938 of 

November 14, 1994, as amended by 

Executive Order 13094 of July 28, 1998 

and Executive Order 13382 of June 28, 

2005. 

DATES: Effective Date: February 2, 2009. 

FOR FURTHER INFORMATION CONTACT: On 

general issues: 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 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 Executive Order 12938 

of November 14, 1994, as amended, the 

U.S. Government determined on January 


dwashington3 on PROD1PC60 with NOTICES