6248 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The Commission previously approved the 

trading of options on BRB. See Securities Exchange 

Act Release No. 55575 (April 3, 2007), 72 FR 17963 

(April 10, 2007) (SR–ISE–2006–59). 

4See Securities Exchange Act Release No. 60536 

(August 19, 2009), 74 FR 43204 (August 26, 2009) 

(SR–ISE–2009–59). 

5See Securities Exchange Act Release No. 61334 

(January 12, 2010) (SR–ISE–2009–115). 

6A FXPMM is a primary market maker selected 

by the Exchange that trades and quotes in FX 

Options only. See ISE Rule 2213. 

7A FXCMM is a competitive market maker 

selected by the Exchange that trades and quotes in 

FX Options only. See ISE Rule 2213. 

8Public Customer Order is defined in Exchange 

Rule 100(a)(39) as an order for the account of a 

Public Customer. Public Customer is defined in 

Exchange Rule 100(a)(38) as a person or entity that 

is not a broker or dealer in securities. 

9These fees will be charged only to Exchange 

members. Under a pilot program that is set to expire 

on July 31, 2010, these fees will also be charged to 

Linkage Principal Orders (‘‘Linkage P Orders’’) and 

Linkage Principal Acting as Agent Orders (‘‘Linkage 

P/A Orders’’). The amount of the execution fee 

charged by the Exchange for Linkage P Orders and 

Linkage P/A Orders is $0.27 per contract side and 

$0.18 per contract side, respectively. See Securities 

Exchange Act Release No. 60175 (June 25, 2009), 74 

FR 32026 (July 6, 2009) (SR–ISE–2009–36). 

10The Exchange applies a sliding scale, between 

$0.01 and $0.18 per contract side, based on the 

number of contracts an ISE market maker trades in 

a month. 

11The amount of the execution fee for non-ISE 

Market Maker transactions executed in the 

Exchange’s Facilitation and Solicitation 

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 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 publicly available. All 

submissions should refer to File 

Number SR–NASDAQ–2010–012 and 

should be submitted on or before March 

1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–2580 Filed 2–5–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61459; File No. SR–ISE– 

2010–07] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Foreign Currency 

Options 

February 1, 2010. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on January 

19, 2010, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) 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 the selfregulatory organization. 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 ISE is proposing to amend its 

incentive plan for market makers in a 

newly listed foreign currency option 

and to establish fees for transactions in 

the newly listed foreign currency 

option. The text of the proposed rule 

change is available on the Exchange’s 

Web site (http://www.ise.com), on the 

Commission’s Web site at http:// 

www.sec.gov, at the principal office of 

the Exchange, 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 self-regulatory organization 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 purpose of this proposed rule 

change is to amend the Exchange’s 

incentive plan for market makers on a 

newly listed foreign currency option, 

specifically, the Brazilian real (‘‘BRB’’) 3

and to establish fees for transactions in 

options on BRB. Options on BRB began 

trading on the Exchange on January 19, 

2010. As such, this proposed fee change 

will be operative and effective on 

January 19, 2010. 

In order to promote trading in options 

on BRB, the Exchange proposes to add 

BRB to the incentive plan the Exchange 

currently has in place for market makers 

in options on the New Zealand dollar 

(‘‘NZD’’), the Mexican peso (‘‘PZO’’) and 

the Swedish krona (‘‘SKA’’).4 Market 

makers will be able to enter into the 

incentive plan until March 31, 2010.5

Participants in the incentive plan are 

known on the Exchange’s Schedule of 

Fees as Early Adopter Market Makers. 

Under the incentive plan, the Exchange 

will waive the applicable transaction 

fees for both the Early Adopter 

FXPMM 6 and all Early Adopter 

FXCMMs 7 that make a market in BRB 

for as long as the incentive plan is in 

effect. Further, pursuant to a revenue 

sharing agreement entered into between 

an Early Adopter Market Maker and ISE, 

the Exchange will pay the Early Adopter 

FXPMM forty percent (40%) of the 

transaction fees collected on any 

customer trade in BRB and will pay up 

to ten (10) Early Adopter FXCMMs that 

participate in the incentive plan twenty 

percent (20%) of the transaction fees 

collected for trades between a customer 

and that FXCMM. Market makers that 

do not participate in the incentive plan, 

i.e., market makers that begin to quote 

and trade in BRB after March 31, 2010, 

will be charged regular transaction fees 

for trades in this product. 

The Exchange is proposing to adopt 

an execution fee of $0.40 per contract 

for all Public Customer Orders 8 in 

options on BRB.9 The amount of the 

execution fee for all Firm Proprietary 

orders for options on BRB will be $0.20 

per contract and the execution fee for all 

non-Early Adopter ISE Market Makers 

in options on BRB shall be equal to the 

execution fee currently charged by the 

Exchange for ISE Market Maker orders 

in equity options.10 Finally, the amount 

of the execution fee for all non-ISE 

Market Maker orders for options on BRB 

shall be $0.45 per contract.11 The 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 6249 

Mechanisms and for Orders entered into the Price 

Improvement Mechanism by the member initiating 

the price improvement order is $0.20 per contract. 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(4). 

14 15 U.S.C. 78s(b)(3)(A). 

15 17 CFR 240.19b–4(f)(2). 16 17 CFR 200.30–3(a)(12). 

Exchange will not charge a Payment for 

Order Flow fee for this product. 

The Exchange also proposes to waive 

transaction charges for all Early Adopter 

Market Makers in BRB in order to 

further encourage trading in this 

product. The Exchange believes that the 

revenue generated from customer, firm 

proprietary and non-ISE market maker 

transaction charges and increased order 

flow would offset the transaction fees 

that would otherwise be applied to 

market makers in BRB, thereby allowing 

the Exchange to recoup those fees while 

increasing order flow and generating 

increased revenues. 

The Exchange believes the proposed 

rule change will further the Exchange’s 

goal of introducing new products to the 

marketplace that are competitively 

priced. 

Finally, as a housekeeping matter, the 

Exchange proposes to make a nonsubstantive clarifying change to its 

Schedule of Fees. Specifically, the 

Exchange proposes to insert the words 

‘‘options on’’ in certain existing fee line 

items to clarify that the subject fee is 

applicable to options transactions. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 of the Act,12

in general, and furthers the objectives of 

Section 6(b)(4),13 in particular, in that it 

is designed to 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 the incentive 

plan will generate additional order flow 

to the Exchange by creating incentives 

to trade options on BRB as well as 

defray operational costs for Early 

Adopter Market Makers. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 

The Exchange has not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any 

unsolicited written comments from 

members or other interested parties. 

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) of 

the Act 14 and Rule 19b–4(f)(2) 15

thereunder. At any time within 60 days 

of the filing of such 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 proposal 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 

No. SR–ISE–2010–07 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 No. 

SR–ISE–2010–07. 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 changes 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 ISE. 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–ISE–2010–07 and should be 

submitted on or before March 1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–2588 Filed 2–5–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6895] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Fiery 

Pool: The Maya and the Mythic Sea’’ 

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 ‘‘Fiery Pool: 

The Maya and the Mythic Sea,’’ 

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 

Peabody Essex Museum, Salem, MA, 

from on or about March 27, 2010, until 

on or about July 18, 2010; the Kimbell 

Art Museum, Fort Worth, TX, from on 

or about August 29, 2010, until on or 

about January 2, 2011; the Saint Louis 

Art Museum, St. Louis, MO, from on or 

about February 13, 2011, until on or 

about May 8, 2011, and possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. I have ordered that Public 

Notice of these Determinations be 

published in the Federal Register. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES