Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices 57399 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(1). 

4 15 U.S.C. 78(s)(b)(2). 

5See Securities Exchange Act Release No. 58457 

(September 3, 2008), 73 FR 52711 (September 10, 

2008) (SR–NYSEArca–2008–91) (‘‘NYSE Arca 

Order’’). 

6See Securities Exchange Act Release No. 58161 

(July 15, 2008), 73 42380 (July 21, 2008) (SR– 

Amex–2008–39). Notice of the Amex proposed rule 

change was published in Securities Exchange Act 

Release No. 57932 (June 5, 2008), 73 FR 33467 (June 

12, 2008) (‘‘Amex Order’’) 

7See Securities Exchange Act Release No. 58162 

(July 15, 2008), 73 FR 42391 (July 21, 2008) (SR– 

NYSEArca–2008–73). 

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–NYSE–2008–82 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR-NYSE–2008–82. 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 the filing also will be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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–NYSE– 

2008–82 and should be submitted on or 

before October 23, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–23193 Filed 10–1–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58647; File No. SR– 

NYSEArca–2008–99] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to the ProShares 

Trust II 

September 25, 2008. 

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

Securities Exchange Act of 1934 

(‘‘Exchange Act’’) 1 and Rule 19b–4 

thereunder,2 notice is hereby given that 

on September 18, 2008, NYSE Arca, Inc. 

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

with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change 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 

Pursuant to the provisions of Section 

19(b)(1) of the Exchange Act,3 NYSE 

Arca, through its wholly-owned 

subsidiary NYSE Arca Equities, Inc. 

(‘‘NYSE Arca Equities’’), is submitting 

this proposed rule change in connection 

with the listing and trading on the 

Exchange of shares (‘‘Shares’’) of 

fourteen (14) funds (‘‘Funds’’) of 

ProShares Trust II (formerly known as 

Commodities & Currency Trust) 

(‘‘Trust’’) based on several currencies, 

commodities and commodities indexes, 

relating to the names of the Trust and 

the Funds, the Funds’ Web site 

disclosure relating to the availability of 

information regarding the Shares, and 

the expected price of the Shares at 

commencement of trading. The text of 

the proposed rule change is available on 

the Exchange’s Web site at 

www.nyse.com, at the Exchange’s 

principal office and at the Commission’s 

Public Reference Room. 

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 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Commission has approved the 

listing of the Shares on the Exchange 

pursuant to Section 19(b)(2) 4 of the 

Exchange Act. The Exchange intends to 

list and trade the Shares pursuant to 

NYSE Arca Equities Rule 8.200, 

Commentary .02, which permits the 

trading of Trust Issued Receipts 

(‘‘TIRs’’) either by listing or pursuant to 

unlisted trading privileges (‘‘UTP’’).5

The Commission previously approved 

the Shares for listing on the American 

Stock Exchange LLC (‘‘Amex’’) 6 and for 

trading on the Exchange pursuant to 

UTP.7 The Exchange is filing this 

proposal to reflect changes to the names 

of the Trust and the Funds, to clarify the 

Funds’ Web site disclosure relating to 

the availability of information regarding 

the Shares, and to correct a 

representation in the NYSE Arca Order 

regarding the expected price of the 

Shares at commencement of trading. 

Additional information regarding the 

Funds and the Trust is included in the 

NYSE Arca Order and the Amex Order. 

In the NYSE Arca Order, the 

Commission approved listing on the 

Exchange of the following Funds of the 

Trust (formerly known as Commodities 

& Currency Trust): (1) Ultra DJ–AIG 

Commodity ProShares, (2) UltraShort 

DJ–AIG Commodity ProShares, (3) Ultra 

DJ–AIG Agriculture ProShares, (4) 

UltraShort DJ–AIG Agriculture 

ProShares, (5) Ultra DJ–AIG Crude Oil 

ProShares, (6) UltraShort DJAIG Crude 

Oil ProShares, (7) Ultra Gold ProShares, 

(8) UltraShort Gold ProShares, (9) Ultra 

Silver ProShares, (10) UltraShort Silver 

ProShares, (11) Ultra Euro ProShares, 

(12) UltraShort Euro ProShares, (13) 

Ultra Yen ProShares and (14) UltraShort 

Yen ProShares. The Trust has advised 

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57400 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(5). 

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

11 17 CFR 240.19b–4(f)(6). 

12 Id. In addition, Rule 19b–4(f)(6)(iii) requires a 

s self-regulatory organization to give the 

Commission written notice of its intent to file 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 this 

requirement. 

13 17 CFR 240.19b–4(f)(6). 

14For 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). 

the Exchange that the Trust intends to 

rebrand the Funds as follows: (1) 

ProShares Ultra DJ–AIG Commodity, (2) 

ProShares UltraShort DJ–AIG 

Commodity, (3) ProShares Ultra DJ–AIG 

Agriculture, (4) ProShares UltraShort 

DJ–AIG Agriculture, (5) ProShares Ultra 

DJ–AIG Crude Oil, (6) ProShares 

UltraShort DJAIG Crude Oil, (7) 

ProShares Ultra Gold, (8) ProShares 

UltraShort Gold, (9) ProShares Ultra 

Silver, (10) ProShares UltraShort Silver, 

(11) ProShares Ultra Euro, (12) 

ProShares UltraShort Euro, (13) 

ProShares Ultra Yen and (14) ProShares 

UltraShort Yen. 

Availability of Information Regarding 

the Shares 

To clarify the representations made in 

the NYSE Arca Order regarding 

availability of information, the Web 

sites for the Funds and/or the Exchange, 

which are publicly accessible at no 

charge, will contain the following 

information: (a) The most current NAV 

per Share; (b) the reported closing price; 

(c) calculation of the premium or 

discount of such price against the NAV 

per Share; (d) data in chart form 

displaying the frequency distribution of 

discounts and premiums of the reported 

closing price against the NAV per Share, 

within appropriate ranges for each of 

the four (4) previous calendar quarters; 

(e) the prospectus; and (f) other 

applicable quantitative information. 

All other information relating to 

availability of information regarding the 

Shares remains as stated in the NYSE 

Arca Order. 

Criteria for Initial and Continued 

Listing. 

To correct a representation made in 

the NYSE Arca Order regarding the 

criteria for initial and continued listing, 

the price of the Shares is expected to be 

in a range from $20 to $70 per Share at 

the commencement of trading on the 

Exchange. The Shares will not be 

subject to an initial offering period as 

described in the Amex Order and the 

NYSE Arca Order and the expected 

price range does not relate to any such 

offering period. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) 8 of the 

Exchange Act in general and furthers 

the objectives of Section 6(b)(5) 9 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 regulating, clearing, 

settling, processing information with 

respect to, and facilitating transaction in 

securities, and, in general to protect 

investors and the public interest. The 

proposal provides clarifying information 

regarding the operation of the Funds. 

The Exchange believes that the proposal 

will facilitate the listing and trading of 

additional types of commodity and 

currency-based investments 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 purpose 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 Exchange has designated the 

proposed rule change as one that: (i) 

Does not significantly affect the 

protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 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. 

Therefore, the foregoing proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Exchange 

Act 10 and Rule 19b–4(f)(6) 

thereunder.11

A proposed rule change filed under 

Rule 19b–4(f)(6) normally does not 

become operative until 30 days after the 

date of filing.12 However, Rule 19b– 

4(f)(6)(iii) 13 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. In 

view of the immediate nature of the 

relief requested, the Exchange seeks to 

have the proposed amendments become 

operative immediately. The Exchange 

requests that the Commission waive the 

30-day delayed operative date, so that 

the proposed rule change may become 

immediately operative pursuant to 

Section 19(b)(3)(A) and Rule 19b–4(f)(6) 

thereunder. The Exchange believes that 

waiver of the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposed rule change 

should benefit investors by clarifying 

information regarding the names and 

operation of the Funds. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest. The Commission 

therefore grants the Exchange’s request 

and designates the proposal to be 

operative upon filing.14

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 Exchange 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 Exchange 

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–2008–99 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSEArca–2008–99. 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 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices 57401 

15 17 CFR 200.30–3(a)(12). 

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 the filing also will be available 

for inspection and copying at the 

principal office of the self-regulatory 

organization. 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–2008–99 and should be 

submitted on or before October 23, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–23192 Filed 10–1–08; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes extensions (no change) of 

existing OMB-approved information 

collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, email, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Reports Clearance Officer 

to the addresses or fax numbers listed 

below. 

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, Fax: 

202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA), Social Security 

Administration, DCBFM, Attn: Reports 

Clearance Officer, 1333 Annex Building, 

6401 Security Blvd., Baltimore, MD 

21235, Fax: 410–965–6400, E-mail 

address: OPLM.RCO@ssa.gov. 

SSA has submitted the information 

collections listed below. Your 

comments on the information 

collections will be most useful if OMB 

and SSA receive them within 30 days 

from the date of this publication. You 

can request a copy of the information 

collections by e-mail, 

OPLM.RCO@ssa.gov, fax 410–965–6400, 

or by calling the SSA Reports Clearance 

Officer at 410–965–0454. 

1. Help America Vote Act—0960– 

0706. H.R. 3295, the Help America Vote 

Act of 2002, mandates that States verify 

the identities of newly registered voters. 

When newly registered voters do not 

have drivers’ licenses or State-issued ID 

cards, they must supply the last four 

digits of their Social Security Numbers 

to their local State election agencies for 

verification. The election agencies 

forward this information to their State 

Motor Vehicle Administration (MVA) 

that inputs the data into the American 

Association of MVAs, a central 

consolidation system that routes the 

voter data to SSA’s Help America Vote 

Verification (HAVV) system. Once 

SSA’s HAVV system has confirmed the 

identity of the voter, the information 

will be returned along the same route 

(in reverse) until it reaches the State 

election agency. The official 

respondents for this collection are the 

State MVAs. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 2,352,204. 

Frequency of Response: 1. 

Average Burden per Response: 2 

minutes. 

Estimated Annual Burden: 78,407 

hours. 

2. National Direct Deposit Initiative— 

31 CFR 210—0960–0711. Many SSA 

benefits recipients choose to receive 

their payments via the Direct Deposit 

Program, in which SSA transfers funds 

directly to recipients’ accounts at a 

financial institution (FI). However, 

many Title II payment recipients still 

receive their payments through 

traditional paper checks. In an effort to 

encourage these beneficiaries to change 

from paper checks to the Direct Deposit 

Program, SSA is collaborating with the 

Department of the Treasury and several 

FIs on a National Direct Deposit 

Initiative. In this program, SSA will 

work with FIs to determine which of the 

target Title II beneficiaries have 

accounts at the participating banks. The 

banks will then send forms to these 

beneficiaries encouraging them to enroll 

in the Direct Deposit Program. The 

respondents are the participating FIs 

and Title II beneficiaries currently 

receiving their payments via check. 

Type of Request: Extension of an 

OMB-approved information collection. 

Type of 

respondent 

Information 

collection 

requirement 

Number of 

respondents 

Frequency 

of response 

Average 

burden 

response 

(minutes) 

Estimated 

annual 

burden 

(hours) 

Cost 

requirement 

Estimated 

cost burden 

per 

respondent 

Total annual 

cost burden 

Title II Payment 

Recipients.

Direct Deposit 

Enrollment 

Form.

100,000 1 2 3,333 N/A .................... N/A N/A 

Financial Institutions (banks).Data screening/ 

matching activities; SSA’s 

data management requirements.

10 1 240 40 Printing/mailing 

of 100,000 enrollment forms.

$1,039 $10,390 

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