9016 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

3The establishment of fees on the NYSE for the 

same services was formally submitted to the 

Securities and Exchange Commission through a 

separate filing, SR–NYSE–2009–15. 

4See Securities Exchange Act Release No. 58673 

(September 29, 2008), 73 FR 57707 (October 3, 

2008) (SR–NYSE–2008–60 and SR–Amex 2008–62) 

(approving the Merger). 

5 15 U.S.C. 78f. 

6See Securities Exchange Act Release No. 58705 

(October 1, 2008), 73 FR 58995 (October 8, 2008) 

(SR–Amex 2008–63) (approving the Equities 

Relocation). 

7See also Rule 2—NYSE Alternext Equities. 

8See Securities Exchange Act Release No. 59353 

(February 3, 2009), 74 FR 6935 (February 11, 2009) 

(SR–NYSEALTR–2008–12). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59429; File No. SR– 

NYSEALTR–2009–12] 

Self-Regulatory Organizations; NYSE 

Alternext US LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Establishing a Fee for Its 

New Risk Management Gateway 

Service 

February 20, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on February 

12, 2009, NYSE Alternext US LLC 

(‘‘NYSE Alternext’’ or ‘‘Exchange’’) 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 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 establish a 

fee for its new Risk Management 

Gateway (‘‘RMG’’) service. 

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 

Exchange 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 IV below. The 

Exchange 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 

The Exchange proposes to offer, 

through NYSE Euronext Advanced 

Trading Solutions, Inc., the RMG service 

to NYSE Alternext members and 

member organizations. NYSE Transact 

Tools, Inc, a division of the NYSE 

Euronext Advanced Trading Solutions 

Group (‘‘NYXATS’’), owns RMG. RMG 

is a part of the NYSE Alternext Trading 

Systems (defined below) operated on 

behalf of the Exchange by New York 

Stock Exchange LLC (‘‘NYSE’’).3 This 

proposed rule change establishes fees 

for that service. 

Background 

As described more fully in a related 

rule filing,4 NYSE Euronext acquired 

The Amex Membership Corporation 

(‘‘AMC’’) pursuant to an Agreement and 

Plan of Merger, dated January 17, 2008 

(the ‘‘Merger’’). In connection with the 

Merger, the Exchange’s predecessor, the 

American Stock Exchange LLC 

(‘‘Amex’’), a subsidiary of AMC, became 

a subsidiary of NYSE Euronext called 

NYSE Alternext US LLC, and continues 

to operate as a national securities 

exchange registered under Section 6 of 

the Securities Exchange Act of 1934, as 

amended (the ‘‘Act’’).5 The effective 

date of the Merger was October 1, 2008. 

In connection with the Merger, on 

December 1, 2008, the Exchange 

relocated all equities trading conducted 

on the Exchange legacy trading systems 

and facilities located at 86 Trinity Place, 

New York, New York (the ‘‘86 Trinity 

Trading Systems’’), to trading systems 

and facilities located at 11 Wall Street, 

New York, New York (the ‘‘Equities 

Relocation’’). The Exchange’s trading 

systems and facilities at 11 Wall Street 

(the ‘‘NYSE Alternext Trading 

Systems’’) are operated by the NYSE on 

behalf of the Exchange.6

In order to implement the Equities 

Relocation, the Exchange adopted NYSE 

Rules 1–1004 as the NYSE Alternext 

Equities Rules to govern trading on the 

NYSE Alternext Trading Systems. Rule 

54—NYSE Alternext Equities provides 

that only members are permitted to 

‘‘* * * make or accept bids or offers, 

consummate transactions, or otherwise 

transact business on the Floor for any 

security admitted to dealings on the 

[Exchange] * * *.’’ 7

On December 12, 2008, the Exchange 

filed with the Securities and Exchange 

Commission to establish its RMG 

service.8 RMG is a service designed to 

facilitate the ability of Sponsoring 

Member Organizations to monitor and 

oversee the sponsored access activity of 

their Sponsored Participants. NYXATS 

offers an order-verification service to 

Sponsoring Member Organizations that 

acts as a risk filter by causing the orders 

of Sponsored Participants to pass 

through RMG prior to entering the 

Exchange’s trading systems for 

execution. When a Sponsored 

Participant’s order passes through RMG, 

RMG software determines whether the 

order complies with order criteria that 

the Sponsoring Member Organization 

has established for that Sponsored 

Participant. The order criteria reviewed 

by RMG may include the size of the 

order or the credit limit that the 

Sponsoring Member Organization has 

established for the Sponsored 

Participant. 

If the order is consistent with the 

parameters set by the Sponsoring 

Member Organization, RMG allows the 

order to continue along its path to the 

Exchange’s trading systems. If the order 

falls outside of those parameters, then 

RMG returns the order to the Sponsored 

Participant. RMG will only return an 

order to the Sponsored Participant when 

the order fails to comply with the 

criteria set by the Sponsoring Member 

Organization. 

The Exchange does not require 

Sponsoring Member Organizations to 

use RMG. Sponsoring Member 

Organizations are free to use a 

competing risk-management service or 

to use none at all. 

The Exchange believes that RMG will 

offer its member organizations another 

option in the efficient risk management 

of its Sponsored Participant’s access to 

the NYSE. 

Fees 

NYXATS proposes to charge each 

Sponsoring Member Organization Three 

Thousand Dollars ($3,000) per month 

for the first Connection plus One 

Thousand Dollars ($1,000) per month 

for each additional Connection. 

A ‘‘Connection’’ is defined as up to 

1000 messages per second inbound, 

regardless of the connection’s actual 

capacity (i.e., if the NYXT infrastructure 

allows any single End User connection 

to support more than 1000 messages per 

second inbound, such connection will 

be deemed to be multiple Connections). 

The Exchange believes that the 

proposed fee would be fair and 

reasonable and would reflect an 

equitable allocation of charges among 

members and others. The fee compares 

favorably with the fees that NYXATS’ 

competitors charge for similar services. 

Of course, the marketplace will 

determine if the fee is too high relative 


rwilkins on PROD1PC63 with NOTICES2
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 9017 

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

10 15 U.S.C. 78s(b)(3)(A)(ii). 

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

to the value that the RMG service 

provides because any market participant 

that feels that the fee is too high will 

simply elect to use the risk management 

services of one of NYXATS’ 

competitors. 

Technical Amendment to Price List 

The Exchange further proposes 

through this filing to revise the date on 

the price list to reflect that it is 

applicable for the current year ‘‘2009’’. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘1934 Act’’) 

for this proposed rule change are the 

requirement under Section 6(b)(4) 9 that 

an exchange have rules that 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 

RMG will promote marketplace 

efficiency by providing security 

safeguards to the trading of securities by 

means of sponsored access and believes 

that the proposed fee is fair and 

reasonable for the reasons cited above. 

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 Exchange 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 proposed rule change is 

effective upon filing pursuant to Section 

19(b)(3)(A)(ii) of the Act 10 and Rule 

19b–4(f)(2) thereunder,11 because it 

establishes or changes a due, fee, or 

other charge applicable only to a 

member imposed by the Exchange. 

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–NYSEALTR–2009–12 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-NYSEALTR–2009–12. 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, on official business days between 

the hours of 10 a.m. and 3 p.m. Copies 

of such filing will also 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– 

NYSEALTR–2009–12 and should be 

submitted on or before March 20, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–4181 Filed 2–26–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6535] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Francis Bacon: A Centenary 

Retrospective’’ 

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 ‘‘Francis 

Bacon: A Centenary Retrospective’’, 

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 May 20, 2009, 

until on or about August 16, 2009, 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: 202/453–8048). The address 

is U.S. Department of State, SA–44, 301 

4th Street, SW., Room 700, Washington, 

DC 20547–0001. 

Dated: February 19, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State. 

[FR Doc. E9–4249 Filed 2–26–09; 8:45 am] 

BILLING CODE 4710–05–P 


rwilkins on PROD1PC63 with NOTICES2