10642 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 59270 

(Jan. 21, 2009), 74 FR 5880. 

4Under the current Fee Schedule for Structured 

Products, which include securities listed under 

Rule 5.2(j)(6), the Annual Fee ranges from $10,000 

to $55,000, based on the total number of securities 

outstanding per listed issue. The current Annual 

Fee for issues with up to 6 million shares 

outstanding is $10,000. 

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

6 15 U.S.C. 78f(b)(4). 

7 In approving the proposed rule change, the 

Commission notes that it has considered the 

proposed rules’ impact on efficiency, competition, 

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

8 15 U.S.C. 78s(b)(2). 

9 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78s(b)(3)(A)(iii). 

3 17 CFR 240.19b–4(f)(3). 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR– 

NYSEArca–2009–15 and should be 

submitted on or before April 1, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5204 Filed 3–10–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59518; File No. SR– 

NYSEArca–2009–01] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Order Approving Proposed 

Rule Change Relating to the Reduction 

of the Annual Fee for Certain Issues 

Listed Under Rule 5.2(j)(6) 

March 5, 2009. 

I. Introduction 

On January 6, 2009, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) pursuant 

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

Exchange Act of 1934 (‘‘Act’’) and Rule 

19b–4 thereunder,2 a proposed rule 

change amending its Schedule of Fees 

and Charges for Exchange Services 

(‘‘Fee Schedule’’) to revise the Annual 

Fees applicable to securities listed in 

calendar year 2009 under Rule 5.2(j)(6) 

on NYSE Arca, LLC (‘‘NYSE Arca 

Marketplace’’), the equities facility of 

NYSE Arca Equities. The proposed rule 

change was published for comment in 

the Federal Register on February 2, 

2009.3 The Commission received no 

comment letters on the proposed rule 

change. This order approves the 

proposed rule change. 

II. Description of the Proposed Rule 

Change 

NYSE Arca proposes amending the 

Exchange’s Fee Schedule to revise the 

Annual Fee applicable to securities 

listed on the NYSE Arca Marketplace in 

calendar year 2009 under Rule 5.2(j)(6) 

(Equity Index-Linked Securities, 

Commodity-Linked Securities, 

Currency-Linked Securities, Fixed 

Income Index-Linked Securities, 

Futures-Linked Securities and 

Multifactor Indexed-Linked Securities). 

Specifically, the Exchange proposes to 

add new footnote 10 to the Fee 

Schedule to state that, during 2009, the 

Annual Fee for an issue of securities 

listed under Rule 5.2(j)(6) of up to 

500,000 shares outstanding would be 

$5,000, pro-rated based on days 

remaining in 2009. For example, under 

the proposed rule change, if an Equity 

Index-Linked Security lists on the NYSE 

Arca Marketplace on July 1, 2009 with 

500,000 shares outstanding, such 

security would pay a pro-rated Annual 

Fee for 2009 of $2,500 (1/2 × $5,000).4

The proposed reduced Annual Fee of 

$5,000 or less would apply for calendar 

year 2009 to issues newly listed on the 

NYSE Arca Marketplace beginning as of 

January 1, 2009, and would not apply to 

issues listed prior to or after calendar 

year 2009. 

III. Discussion and Commission’s 

Findings 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of Section 6 of the 

Act 5 and the rules and regulations 

thereunder applicable to a national 

securities exchange. Specifically, the 

Commission finds that the proposal is 

consistent with Section 6(b)(4) 6 of the 

Act, which requires that an exchange 

have rules that provide for the equitable 

allocation of reasonable dues, fees, and 

other charges among its members and 

issuers and other persons using its 

facilities.7 The Commission notes that 

the proposed fee reduction of $5,000 or 

more would only apply to certain 

securities with up to 500,000 shares 

outstanding, which is far less than the 

6 million shares outstanding to which 

the current Annual Fee of $10,000 

applies. Moreover, the Commission 

notes that the fee reduction would only 

be temporary and that the Exchange 

hopes that the temporary reduction in 

the Annual Fee for certain products may 

provide an incentive for issuers to 

introduce and list more of such 

products on the NYSE Arca marketplace 

and thereby, increase competition 

among such products. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,8 that the 

proposed rule change (SR–NYSEArca2009–01) be, and it hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5207 Filed 3–10–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59494; File No. SR–SCCP– 

2009–01] 

Self-Regulatory Organizations; Stock 

Clearing Corporation of Philadelphia; 

Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Certificate of 

Incorporation of The NASDAQ OMX 

Group, Inc. 

March 3, 2009. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

February 17, 2009, Stock Clearing 

Corporation of Philadelphia (‘‘SCCP’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change described in Items 

I, II, and III below, which items have 

been prepared primarily by SCCP. SCCP 

filed the proposed rule change pursuant 

to Section 19(b)(3)(A)(iii) of the Act 2

and Rule 19b–4(f)(3) thereunder 3 so that 

the proposal was effective upon filing 

with the Commission. The Commission 

is publishing this notice to solicit 

comments on the proposed rule change 

from interested parties. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

SCCP is filing this proposed rule 

change with regard to proposed changes 

to the Restated Certificate of 

Incorporation (‘‘Certificate’’) of its 

parent corporation, The NASDAQ OMX 

Group, Inc. (‘‘NASDAQ OMX’’). The 

proposed rule change will be 

implemented as soon as practicable 

following filing with the Commission. 

The text of the proposed rule change is 

available at http:// 

www.nasdaqtrader.com/ 

Trader.aspx?id=SCCPApprovedRules 


rwilkins on PROD1PC63 with NOTICES