22798 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices 

12 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a et seq. 

3 17 CFR 240.19b–4. 

4 15 U.S.C. 78f. 

5 15 U.S.C. 78f(b)(4). 

All submissions should refer to File 

Number SR–NYSE–2009–46. 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 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 

available publicly. All submissions 

should refer to File Number SR–NYSE– 

2009–46 and should be submitted on or 

before June 4, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11166 Filed 5–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59863; File No. SR–NYSE– 

2009–47] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC To Modify Certain 

Equity Transaction Fees and Rebates 

May 5, 2009. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’),2 and Rule 19b–4 thereunder,3

notice is hereby given that on April 30, 

2009, New York Stock Exchange LLC 

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

with the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule changes as described in 

Items I, II and III 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 

The Exchange proposes to make a 

number of changes to its schedule of 

equity transaction fees and rebates, with 

effect from May 1, 2009. The text of the 

proposed rule change is available on the 

Exchange’s Web site (http:// 

www.nyse.com), at the Exchange’s 

Office of the Secretary, 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 NYSE 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 Exchange proposes to make a 

number of changes to its schedule of 

equity transaction fees, with effect from 

May 1, 2009. 

The following are the proposed 

changes: 

• Currently, the Exchange caps 

trading fees per transaction at $120. 

This cap is being eliminated and there 

will no longer be any limit on the 

trading fees that may be incurred in 

connection with a transaction. The $120 

trading fee cap per transaction will be 

retained for market at-the-close and 

limit at-the-close orders. 

• The price list does not currently 

indicate what fee is charged when 

orders are executed at the close (except 

for market at-the-close and limit at-theclose orders). The Exchange’s practice 

has been to not charge a fee when this 

happens and now proposes to formalize 

this approach by clearly stating it in the 

price list. 

• Designated Market Makers whose 

orders are executed at the close receive 

a credit of $0.0005 per share. The 

Exchange now proposes to provide (i) a 

credit of $0.0012 per share to floor 

brokers whose orders are executed at the 

close and (ii) a credit of $0.0005 per 

share to Supplemental Liquidity 

Providers whose orders are executed at 

the close. 

• Agency cross trades (i.e., a trade 

where a Member Organization has 

customer orders to buy and sell an 

equivalent amount of the same security) 

of 10,000 shares or more are currently 

free of charge. The Exchange proposes 

to extend this approach to agency cross 

trades of fewer than 10,000 shares, so 

that all agency cross trades will be free 

of charge regardless of size. 

The subheading ‘‘Transactions in 

stocks with a per share stock price of 

$1.00 or less’’ is modified to clarify that 

the fees under that subheading actually 

apply only to transactions in stocks with 

a price of less than $1.00. As amended, 

it reads ‘‘Transactions in stocks with a 

per share stock price less than $1.00.’’ 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the objectives of Section 6 4 of the Act 

in general and furthers the objectives of 

Section 6(b)(4) 5 in particular, in that it 

is designed 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 proposal 

does not constitute an inequitable 

allocation of dues, fees and other 

charges as all member organizations will 

be subject to the same fee structure. 

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 Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change is effective 

upon filing pursuant to Section 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Notices 22799 

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

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

19(b)(3)(A) 6 of the Act and Rule 19b– 

4(f)(2) 7 thereunder. 

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–NYSE–2009–47 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–NYSE–2009–47. 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 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 

available publicly. All submissions 

should refer to File Number SR–NYSE– 

2009–47 and should be submitted on or 

before June 4, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11165 Filed 5–13–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[PUBLIC NOTICE 6614] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Scripture for the Eyes: Bible 

Illustration in Netherlandish Prints of 

the Sixteenth Century’’ 

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 in 

the exhibition: ‘‘Scripture for the Eyes: 

Bible Illustration in Netherlandish 

Prints of the Sixteenth Century,’’ 

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 

Museum of Biblical Art, New York, NY, 

from on or about June 4, 2009, until on 

or about September 27, 2009; Michael C. 

Carlos Museum, Atlanta, GA, from on or 

about October 17, 2009, until on or 

about January 24, 2010, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–453–8050). The 

address is U.S. Department of State, SA– 

44, 301 4th Street, SW., Room 700, 

Washington, DC 20547–0001. 

Dated: May 8, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational, 

and Cultural Affairs, Department of State. 

[FR Doc. E9–11300 Filed 5–13–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6615] 

Industry Advisory Panel: Notice of 

Open Meeting 

The Industry Advisory Panel of 

Overseas Buildings Operations will 

meet on Tuesday, June 2, 2009 from 

9:30 a.m. until 3:30 p.m. Eastern 

Standard Time. The meeting will be 

held in room 1107 of the U.S. 

Department of State, located at 2201 C 

Street, NW., (entrance on 23rd Street) 

Washington, DC. For logistical and 

security reasons, it is imperative that 

everyone enter and exit using only the 

23rd Street entrance. The majority of the 

meeting is devoted to an exchange of 

ideas between the Department’s Bureau 

of Overseas Buildings Operations’ 

senior management and the panel 

members, on design, operations, and 

building maintenance. Members of the 

public are asked to kindly refrain from 

joining the discussion until Director 

Shinnick opens the discussion to them. 

Entry to the building is controlled; to 

obtain pre-clearance for entry, members 

of the public planning to attend should 

provide, by May 22, 2009, their name, 

professional affiliation, date of birth, 

citizenship, and a valid governmentissued ID number (i.e., U.S. government 

ID, U.S. military ID, passport, or drivers 

license with state) by e-mailing: 

iapr@state.gov. Because of space 

restrictions, we request that companies 

interested in attending send only one 

representative. 

If you have any questions, please 

contact Andrea Walk at 

walkam@state.gov or on (703) 516–1544. 

Dated: May 1, 2009. 

Richard J. Shinnick, 

Director, ad interim, Overseas Building 

Operations, Department of State. 

[FR Doc. E9–11302 Filed 5–13–09; 8:45 am] 

BILLING CODE 4710–24–P 


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