60388 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

15 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3For purposes of proposed Rule 5.2(b), 

Commentary .01, the term ‘‘Derivative Products’’ 

includes securities described in Rule 5.2(j)(2) 

(Equity-Linked Notes); Rule 5.2(j)(3) (Investment 

Company Units); Rule 5.2(j)(4) (Index-Linked 

Exchangeable Notes); and Rule 5.2(j)(6) (IndexLinked Securities); and the following securities 

enumerated in provisions of section 2 to Rule 8: 

Portfolio Depositary Receipts; and Trust Issued 

Receipts to be listed pursuant to Rule 8.200, 

Commentary .01. Exchange rules relating to listing 

and trading, including trading pursuant to unlisted 

trading privileges, of ‘‘Derivative Products’’ as 

described above permit listing and trading pursuant 

to Rule 19b–4(e) under the Exchange Act. Rule 19b– 

4(e) under the Exchange Act provides that the 

listing and trading of a new derivative securities 

product by a self-regulatory organization (‘‘SRO’’) 

shall not be deemed a proposed rule change, 

designates the proposal operative upon 

filing. 

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–NYSEArca–2008–106 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–2008–106. 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 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 

Number SR–NYSEArca–2008–106 and 

should be submitted on or before 

October 31, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–24179 Filed 10–9–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–58734; File No. SR– 

NYSEArca–2008–105] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing of Proposed 

Rule Change Relating to Listing 

Certain Derivative Products Pursuant 

to Continued Listing Criteria 

October 6, 2008. 

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

Securities Exchange Act of 1934 (‘‘Act’’ 

or ‘‘Exchange Act’’) 1 and Rule 19b–4 

thereunder,2 notice is hereby given that 

on October 1, 2008, NYSE Arca, Inc. 

(‘‘NYSE Arca’’ or ‘‘Exchange’’) 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 by NYSE Arca. 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 

NYSE Arca, through its wholly owned 

subsidiary NYSE Arca Equities, Inc. 

(‘‘NYSE Arca Equities’’), proposes to 

adopt Commentary .01 to Rule 5.2(b) to 

allow NYSE Arca to list Derivative 

Products (as defined in the proposed 

Commentary .01 to Rule 5.2(b)) that (1) 

were originally listed on another 

registered national securities exchange 

on an initial listing basis and continue 

to be listed on such other registered 

national securities exchange, and (2) 

satisfy the Exchange’s continued listing 

criteria. The text of the proposed rule 

change is set forth below (new language 

is in italics): 

Rule 5.2(b) 

* * * * * 

Commentary: 

.01 The Exchange is permitted to list 

any Derivative Product, as described 

below, that (1) was originally listed on 

another registered national securities 

exchange (‘‘Other SRO’’) and continues 

to be listed on such Other SRO; and (2) 

satisfies the Exchange’s continued 

listing criteria that are applicable to the 

product class that would include such 

Derivative Product. For the purposes of 

this rule, the term ‘‘Derivative Product’’ 

shall include securities described in 

NYSE Arca Equities Rules 5.2(j)(2) 

(Equity Linked Notes); 5.2(j)(3) 

(Investment Company Units); 5.2(j)(4) 

(Index-Linked Exchangeable Notes); 

5.2(j)(6) (Equity Index-Linked Securities, 

Commodity-Linked Securities, 

Currency-Linked Securities, Fixed 

Income Index-Linked Securities, 

Futures-Linked Securities and 

Multifactor Index-Linked Securities); 

8.100 (Portfolio Depositary Receipts); 

and Commentary .01 to Rule 8.200 

(Trust Issued Receipts). 

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 those 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 Exchange is proposing to adopt 

Commentary .01 to NYSE Arca Equities 

Rule 5.2(b) to allow NYSE Arca to list 

Derivative Products (as defined in the 

proposed Commentary .01 to Rule 

5.2(b)) 3 that (1) were originally listed on 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60389 

pursuant to section (c)(1) of Rule 19b–4, if the 

Commission has approved, pursuant to Section 

19(b) of the Exchange Act, the SRO’s trading rules, 

procedures, and listing standards for the product 

class that would include the new derivatives 

securities product, and the SRO has a surveillance 

program for the product class. See Securities 

Exchange Act Release No. 40761 (December 8, 

1998), 63 FR 70952 (December 22, 1998) (File No. 

S7–13–98). 

4For example, the following are American Stock 

Exchange LLC (‘‘Amex’’) listing standards for 

Derivative Products having similar or identical 

continued listing standards to those of the 

Exchange: Index Fund Shares (Amex Rule 1000A et 

seq.); Portfolio Depositary Receipts (Rules 1000 et 

seq.); Trust Issued Receipts (Rules 1200 et seq.); and 

securities listed under Section 107 of the Amex 

Company Guide, including Equity-Linked Term 

Notes; Index-Linked Exchangeable Notes; IndexLinked Securities; Commodity-Linked Securities; 

Currency-Linked Securities; Fixed Income-Linked 

Securities; Futures-Linked Securities; and 

Combination-Linked Securities. 

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

6See email from Michael Cavalier, Chief Counsel, 

NYSE Euronext, to Christopher Chow, Special 

Counsel, Commission, dated October 2, 2008. 

7 15 U.S.C. 78f(b). 

8 15 U.S.C. 78f(b)(5). 

another registered national securities 

exchange (‘‘Other SRO’’) on an initial 

listing basis and continue to be listed on 

such Other SRO and (2) satisfy the 

Exchange’s continued listing criteria 

applicable to the relevant product class. 

Such Derivative Products would be 

listed pursuant to NYSE Arca Equities 

continued listing criteria. 

For example, in the case of an IndexLinked Security that is listed on an 

Other SRO, the staff of the Exchange 

would determine whether the IndexLinked Security met the continued 

listing criteria. If the Index-Linked 

Security met the continued listing 

criteria, then the Exchange would 

proceed to list such security on the 

Exchange. If the Index-Linked Security 

did not meet the continued listing 

criteria, the staff of the Exchange would 

then, in its sole discretion, either file a 

separate rule filing under Rule 19b–4 of 

the Exchange Act proposing that the 

Index-Linked Security be listed on the 

Exchange pursuant to the criteria set 

forth in the rule filing, or decline to list 

the Index-Linked Security on the 

Exchange. 

The Exchange believes that 

application of continued listing criteria 

is appropriate to facilitate the listing of 

Derivative Products from Other SROs to 

the Exchange. Because the Exchange’s 

continued listing criteria are similar or 

identical to those of certain Other SROs, 

the Exchange believes there would be 

no significant regulatory concerns with 

facilitating the efficient and timely 

listing of Other SRO-listed Derivative 

Products by allowing such products to 

satisfy continued listing criteria.4 Also, 

in light of the similar nature of the 

continued listing criteria of the 

Exchange and Other SROs, such as the 

Amex, the Exchange believes that 

having the ability to apply continued 

listing criteria in verifying that the 

Derivatives Products are qualified to be 

listed on the Exchange will not harm 

investors. In addition, such flexibility 

will assist certain issuers of Derivative 

Products in remaining listed and traded 

on a national securities exchange, 

without risking possible delisting based 

on a failure to meet the applicable 

Exchange initial listing criteria. 

Prior to listing on the Exchange, the 

issuer of a Derivative Product would be 

required to properly delist from the 

Other SRO and satisfy the applicable 

listing procedures of the Exchange and 

applicable statutory and regulatory 

requirements, including, without 

limitation, Section 12 of the Act,5

relating to listing such Derivative 

Product on the Exchange. 

The Exchange represents that, for any 

Derivative Product listed pursuant to 

proposed Commentary .01 to Rule 

5.2(b), other than the initial listing 

standards, the shares of such Derivative 

Product will comply with all other 

pertinent requirements applicable to the 

product class that would include such 

Derivative Product, including, but not 

limited to, requirements relating to the 

dissemination of key information, such 

as an index value, reference asset value, 

and intraday indicative value, rules 

governing the trading of equity 

securities, trading hours, trading halts, 

surveillance, firewalls, and Information 

Bulletins to ETP Holders, as set forth in 

Exchange rules applicable to such 

Derivative Product and prior 

Commission orders approving the 

generic listing rules applicable to the 

listing and trading of such Derivative 

Product.6

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) 7 of the Act 

in general and furthers the objectives of 

Section 6(b)(5) 8 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 proposed rule 

change would assist Other-SRO 

Derivative Product issuers to list on the 

Exchange, thus removing a potential 

impediment to the mechanism of a free 

and open market and protecting the 

public interest. 

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–2008–105 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–2008–105. 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 

mstockstill on PROD1PC66 with NOTICES

60390 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

9 17 CFR 200.30–3(a)(12). 

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 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 

Number SR–NYSEArca–2008–105 and 

should be submitted on or before 

October 31, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–24180 Filed 10–9–08; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11467] 

Alabama Disaster #AL–00016 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State ofAlabama (FEMA–1797–DR), 

dated 09/26/2008. 

Incident: Severe Storms and Flooding 

associated with Hurricane Ike. 

Incident Period: 09/12/2008 through 

09/14/2008. 

Effective Date: 09/26/2008. 

Physical Loan Application Deadline 

Date: 11/25/2008. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/26/2009. 

ADDRESSES: Submit completed loan 

applications to:U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

09/26/2008, Private Non-Profit 

organizations that provide essential 

services of governmental nature may file 

disaster loan applications at the address 

listed above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties:Baldwin, Mobile. 

The Interest Rates are: 

Percent 

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere ................................. 5.250 

Businesses and Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.000 

The number assigned to this disaster 

for physical damage and for economic 

injury is 11467. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. E8–24080 Filed 10–9–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11466] 

Alaska Disaster #AK–00014 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Alaska (FEMA–1796–DR), 

dated 09/26/2008. 

Incident: Severe Storms, Flooding, 

Landslides, and Mudslides. 

Incident Period: 07/27/2008 through 

08/06/2008. 

Effective Date: 09/26/2008. 

Physical Loan Application Deadline 

Date: 11/25/2008. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/26/2009. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

09/26/2008, Private Non-Profit 

organizations that provide essential 

services of governmental nature may file 

disaster loan applications at the address 

listed above or other locally announced 

locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Denali Borough, 

Fairbanks North Star Borough, 

North Slope Borough, YukonKoyukuk REAA. 

The Interest Rates are: 

Percent 

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere ................................. 5.250 

Businesses and Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.000 

The number assigned to this disaster 

for physical damage and economic 

injury is 11466. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. E8–24083 Filed 10–9–08; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11469 and #11470] 

Illinois Disaster #IL–00019 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for the State of Illinois (FEMA— 

1800—DR), dated 10/03/2008. 

Incident: Severe Storms and Flooding. 

Incident Period: 09/13/2008 and 

continuing. 

Effective Date: 10/03/2008. 

Physical Loan Application Deadline 

Date: 12/02/2008. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 07/03/2009. 

mstockstill on PROD1PC66 with NOTICES