Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15573 

22See Securities Exchange Act Release No. 59039 

(December 2, 2008), 73 FR 74770 (December 9, 

2008) (Order Setting Aside Action by Delegated 

Authority and Approving Proposed Rule Change 

Relating to NYSE Arca Data). 

23See supra notes 5, 9, and 10. 

24The Exchange has represented that it will file 

a proposed rule change within thirty days of filing 

Amendment No. 2 to the proposal seeking to make 

the NYSE Arca Realtime Reference Price service a 

permanent service rather than a pilot program. See 

supra note 11. 

25 15 U.S.C. 78s(b)(2). 

26 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78s–1(b)(3)(A)(ii). 

3 17 CFR 240.19b–4(f)(2). 

4The Commission has modified parts of these 

statements. 

5See Securities Exchange Act Release No. 59294 

(January 23, 2009), 74 FR 5954 (February 3, 2009) 

(File No. SR–OCC–2008–20). OCC’s By-Laws and 

Rules governing the Market Loan Program and the 

provisions governing the Stock Loan/Hedge 

Program are substantively the same, except where 

differences are clearly intended or where the 

context requires a different interpretation based on 

the nature of the transaction. 

On December 2, 2008, the 

Commission issued an approval order 

(‘‘Order’’) that sets forth a market-based 

approach for analyzing proposals by 

self-regulatory organizations to impose 

fees for ‘‘non-core’’ market data 

products, such as NYSE Arca Realtime 

Reference Prices.22 The Commission 

believes that NYSE Arca’s proposal to 

temporarily extend the pilot program is 

consistent with the Act for the reasons 

noted in the Order.23 The Commission 

believes that approving NYSE Arca’s 

proposal to temporarily extend the pilot 

program that imposes a fee for NYSE 

Arca Realtime Reference Prices for an 

additional three months will be 

beneficial to investors and in the public 

interest, in that it is intended to allow 

continued broad public dissemination 

of increased real-time pricing 

information. In addition, extending the 

pilot program for an additional three 

months will allow the public to 

comment on, and the Commission to 

analyze consistent with the Order and 

in light of Section 19(b) of the Act, a 

proposal to permanently approve the fee 

for NYSE Arca Realtime Reference 

Prices.24

The Commission finds good cause for 

approving the proposed rule change, as 

modified by Amendment No. 2, before 

the thirtieth day after the date of 

publication of notice of filing thereof in 

the Federal Register. Accelerating 

approval of this proposal is expected to 

benefit investors by continuing to 

facilitate their access to widespread, 

free, real-time pricing information 

contained in NYSE Arca Realtime 

Reference Prices. Therefore, the 

Commission finds good cause, 

consistent with Section 19(b)(2) of the 

Act,25 to approve the proposed rule 

change, as modified by Amendment No. 

2, on an accelerated basis to extend the 

operation of the pilot until June 30, 

2009. 

Conclusion 

It is therefore ordered, pursuant to 

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

proposed rule change (SR–NYSEArca– 

2009–25), as modified by Amendment 

No. 2, is hereby approved on an 

accelerated basis until June 30, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.26

Florence E. Harmon, 

Deputy Secretary, 

[FR Doc. E9–7628 Filed 4–3–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59635; File No. SR–OCC– 

2009–03] 

Self-Regulatory Organizations; The 

Options Clearing Corporation; Notice 

of Filing and Immediate Effectiveness 

of a Proposed Rule Change Relating to 

the Schedule of Fees 

March 26, 2009. 

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

Securities Exchange Act of 1934 

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

March 6, 2009, The Options Clearing 

Corporation (‘‘OCC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which items have been 

prepared primarily by OCC. OCC filed 

the proposed rule change pursuant to 

Section 19(b)(3)(A)(ii) of the Act 2 and 

Rule 19b–4(f)(2) 3 thereunder 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 persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The proposed rule change implements 

changes to OCC’s Schedule of Fees, 

effective May 1, 2009, to reflect the 

adoption of a fee for transactions in 

OCC’s Stock Loan/Hedge and Market 

Loan Programs. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

OCC 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. OCC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of such statements.4

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

OCC’s Stock Loan/Hedge Program, 

which allows approved Clearing 

Members to register their privately 

negotiated securities lending 

transactions with OCC, benefits OCC’s 

Clearing Members and the industry by 

reducing the cost of credit, increasing 

operational efficiency, and providing 

stability through a central counterparty 

guarantee. Transactions have been free 

to Stock Loan/Hedge participants since 

the program’s inception nearly fifteen 

years ago. 

On January 31, 2009, OCC launched 

its Market Loan Program to create a 

framework for OCC to provide clearing 

services for stock loan and borrow 

transactions effected through electronic 

trading systems, such as the market 

operated by Automated Equity Finance 

Markets, Inc. (‘‘AQS’’), a wholly-owned 

subsidiary of Quadriserve, Inc.5

Although receiving securities lending 

transactions executed through electronic 

trading markets will expand the number 

of securities lending transactions that 

will be cleared and settled by OCC, OCC 

also anticipates that such expansion 

will cause OCC to incur higher ongoing 

administrative, maintenance, and 

systems costs. 

In order to adequately cover costs of 

operating the Programs, effective May 1, 

2009, OCC will implement a one dollar 

($1.00) transaction fee against all new 

loan activity that will be assessed to 

each lender and borrower participating 

in OCC’s Stock and Market Loan 

Programs. The transaction fee will be 

calculated daily, will be billed monthly, 

will only apply to new loans, and will 

not be assessed to recall and return 

transactions. 

The proposed rule change is 

consistent with Section 17A of the Act 

because it benefits clearing members 

and other market participants by 

keeping fees associated with OCC’s 

Stock and Market Loan Programs as low 

as possible while allowing OCC to 

adequately cover the ongoing 

administrative costs. The Programs, in 


pwalker on PROD1PC71 with NOTICES
15574 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

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

7 17 CFR 240.19b–4(f)(2). 8 17 CFR 200.30–3(a)(12). 

turn, benefit OCC’s Clearing Members 

and the industry by reducing the cost of 

credit, increasing operational efficiency, 

and providing stability through a central 

counterparty guarantee. The proposed 

rule change is not inconsistent with the 

existing rules of OCC, including any 

other rules proposed to be amended. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

OCC does not believe that the 

proposed rule change would impose any 

burden on competition. 

(C) Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were not and are 

not intended to be solicited with respect 

to the proposed rule change and none 

have been received. 

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)(ii) of the Act 6 and Rule 19b– 

4(f)(2) 7 promulgated thereunder 

because the proposal changes a due, fee, 

or other charge applicable only to a 

member. At any time within sixty 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–OCC–2009–03 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–OCC–2009–03. 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 OCC. 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–OCC–2009–03 and should 

be submitted on or before April 27, 

2009. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–7581 Filed 4–3–09; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 04/04–0298] 

C3 Capital Partners II, L.P.; Notice 

Seeking Exemption Under Section 312 

of the Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that C3 Capital 

Partners II, L.P., 4520 Main Street, Suite 

1600, Kansas City, MO 64111, a Federal 

Licensee under the Small Business 

Investment Act of 1958, as amended 

(‘‘the Act’’), in connection with the 

financing of a small concern, has sought 

an exemption under Section 312 of the 

Act and Section 107.730, Financings 

which Constitute Conflicts of Interest, of 

the Small Business Administration 

(‘‘SBA’’) Rules and Regulations (13 CFR 

107.730). C3 Capital Partners II, L.P. 

proposes to provide equity/debt security 

financing to Findett, LLC, 8 Governor 

Drive, St. Charles, MO 63301. The 

financing is contemplated for the 

acquisition of a supplier and growth 

capital. 

The financing is brought within the 

purview of § 107.730(a)(1) of the 

Regulations because C3 Capital Partners, 

L.P. an Associate of C3 Capital Partners 

II, L.P., owns more than ten percent of 

Findett, LLC; therefore Findett, LLC is 

considered an Associate of C3 Capital 

Partners II, L.P., as defined in Sec. 

105.50 of the regulations. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416. 

Dated: March 19, 2009. 

Harry E. Haskins, 

Acting Associate Administrator for 

Investment. 

[FR Doc. E9–7546 Filed 4–3–09; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6567] 

Determination and Certification Under 

Section 490(b)(1)(A) of the Foreign 

Assistance Act Relating to the Largest 

Exporting and Importing Countries of 

Certain Precursor Chemicals 

Pursuant to Section 490(b)(1)(A) of 

the Foreign Assistance Act of 1961, as 

amended, I hereby determine and certify 

that the top five exporting and 

importing countries and territories of 

pseudoephedrine and ephedrine (India, 

Germany, Singapore, Belgium, United 

Kingdom, China, Taiwan, Argentina, 

South Korea, Switzerland, Indonesia, 

and Thailand) have cooperated fully 

with the United States, or have taken 

adequate steps on their own, to achieve 

full compliance with the goals and 

objectives established by the United 

Nations Convention Against Illicit 

Traffic in Narcotic Drugs and 

Psychotropic Substances. 

This determination and certification 

shall be published in the Federal 

Register, and copies shall be provided 

to the Congress together with the 

accompanying Memorandum of 

Justification. 


pwalker on PROD1PC71 with NOTICES