Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 23907 

41 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78s(b)(3)(A)(iii). 

3 17 CFR 240.19b–4(f)(4). 

4FICC is amending Government Securities 

Division Rule 3, Section 9, and Mortgage-Backed 

Securities Division Article III, Rule 1, Section 7. 

NSCC is amending Rule 2, Section 4. DTC is 

amending Rule 2, Section 8. 

5The OFAC Letter is not intended to reallocate 

legal liability related to the sanctions administered 

and enforced by OFAC. 

6The form of the OFAC Letter is attached to each 

of the clearing agencies’ rule filings with the 

Commission. 

7 15 U.S.C. 78q–1. 

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–NASDAQ–2009–046 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–NASDAQ–2009–046. 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 the Nasdaq. 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–NASDAQ–2009–046 and 

should be submitted on or before June 

11, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.41

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11807 Filed 5–20–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59917; File Nos. SR–DTC– 

2009–07, SR–FICC–2009–06, SR–NSCC– 

2009–03] 

Self-Regulatory Organizations; The 

Depository Trust Company, Fixed 

Income Clearing Corporation, and 

National Securities Clearing 

Corporation; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Changes Relating to Economic 

Sanctions and Embargo Programs 

Administered and Enforced by the 

Office of Foreign Assets Control 

May 14, 2009. 

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

Securities Exchange Act of 1934 

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

March 31, 2009, April 1, 2009, and 

April 22, 2009, the Fixed Income 

Clearing Corporation (‘‘FICC’’), the 

National Securities Clearing Corporation 

(‘‘NSCC’’), and The Depository Trust 

Company (‘‘DTC’’), respectively, filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Item I, II, and III, below, which Items 

have been prepared primarily by FICC, 

NSCC, and DTC (collectively, ‘‘Clearing 

Agencies’’). The Clearing Agencies filed 

the proposed rule changes pursuant to 

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

Rule 19b–4(f)(4) thereunder 3 so that the 

proposals were effective upon filing 

with the Commission. The Commission 

is publishing this notice to solicit 

comments on the proposed rule changes 

from interested persons. 

I. Self-Regulatory Organizations’ 

Statement of Terms of Substance of the 

Proposed Rule Changes 

The Clearing Agencies are adding 

language to their rules to make clear that 

the Clearing Agencies’ participants, 

members, and pledgees (collectively, 

‘‘members’’) must comply with the U.S. 

Department of the Treasury’s Office of 

Foreign Asset Control’s (‘‘OFAC’’) 

sanctions and embargo programs and as 

part of their compliance with OFAC 

sanctions regulations must agree not to 

conduct any transaction or activity 

through the Clearing Agencies that 

violate OFAC regulations. 

II. Self-Regulatory Organizations’ 

Statement of Purpose of, and Statutory 

Basis for, the Proposed Rule Changes 

In their filing with the Commission, 

the Clearing Agencies included 

statements concerning the purpose of 

and basis for the proposed rule changes 

and discussed any comments they 

received on the proposed rule change. 

The text of these statements may be 

examined at the places specified in Item 

IV below. The Clearing Agencies have 

prepared summaries, set forth in Section 

A, B, and C below, of the most 

significant aspects of such statements. 

A. Self-Regulatory Organizations’ 

Statement of Purpose of, and Statutory 

Basis for, the Proposed Rule Changes 

The purpose of these rule filings is to 

add new language to the Clearing 

Agencies’ rules 4 to clarify that the 

Clearing Agencies’ members must 

comply with OFAC’s sanctions and 

embargo programs and as part of their 

compliance with OFAC sanctions 

regulations must agree not to conduct 

any transaction or activity through the 

Clearing Agencies that violate such 

OFAC regulations. 

In addition, members subject to 

United States jurisdiction must confirm 

to the Clearing Agencies that it has 

implemented a risk-based OFAC 

compliance program. The Clearing 

Agencies will require each member to 

execute a ‘‘Confirmation of an OFAC 

Program’’ letter (‘‘OFAC Letter’’), which 

will serve to confirm that the member 

has ‘‘implemented a risk-based program 

reasonably designed to comply with 

applicable OFAC sanctions 

regulations.’’ 5 Each U.S. member’s 

OFAC Compliance Officer, Chief 

Compliance Officer, or other individual 

with responsibility for managing the 

OFAC compliance program will be 

required to submit the OFAC Letter at 

least every two years.6 Failure to 

properly submit the OFAC Letter to the 

Clearing Agencies will result in a $5,000 

fine. 

The Clearing Agencies state that the 

proposed rule changes are consistent 

with the requirements of Section 17A of 

the Act 7 and the rules and regulations 

thereunder because such changes will 

enhance the Clearing Agencies’ ability 

to comply with applicable laws thereby 

reducing risks and associated costs to 

the Clearing Agencies and their 

participants. 


dwashington3 on PROD1PC60 with NOTICES
23908 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices 

8 15 U.S.C. 78s(b)(3)(A)(iii). 

9 17 CFR 240.19b–4(f)(4). 10 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)(3)(A)(i). 

4 17 CFR 240.19b–4(f)(3). 

B. Self-Regulatory Organizations’ 

Statement on Burden on Competition 

The Clearing Agencies do not believe 

that the proposed rule changes will have 

any impact on or impose any burden on 

competition. 

C. Self-Regulatory Organizations’ 

Statement on Comments on the 

Proposed Rule Changes Received From 

Members, Participants, or Others 

The Clearing Agencies have not 

solicited or received written comments 

relating to the proposed rule changes. 

The Clearing Agencies will notify the 

Commission of any written comments 

they receive. 

III. Date of Effectiveness of the 

Proposed Rule Changes and Timing for 

Commission Action 

The foregoing rule changes have 

become effective upon filing pursuant to 

Section 19(b)(3)(A)(iii) of the Act 8 and 

Rule 19b–4(f)(4) 9 thereunder because 

each of the proposed rule changes 

effects a change in an existing service of 

one of the Clearing Agencies that (i) 

does not adversely affect the 

safeguarding of securities or funds in 

the custody or control of the Clearing 

Agencies or for which it is responsible 

and (ii) does not significantly affect the 

respective rights of the clearing agencies 

or persons using the service. At any 

time within sixty days of the filing of 

such rule changes, the Commission may 

summarily abrogate such rule changes 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 

changes are 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–FICC–2009–06, SR–NSCC– 

2009–03, or SR–DTC–2009–07 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–FICC–2009–06, SR–NSCC–2009–03, 

or DTC–2009–07. At least one of these 

file numbers 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 

Section, 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 filings also will be 

available for inspection and copying at 

FICC’s, NSCC’s, and DTC’s principal 

office and on FICC’s, NSCC’s, and DTC’s 

Web sites, respectively at http:// 

ficc.com/gov/gov.docs.jsp?NSquery=#rf, http://www.dtcc.com/legal/ 

rule_filings/nscc/2009.php, and http:// 

www.dtc.org/impNtc/mor/index.html. 

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–FICC–2009–06, SR–NSCC–2009–03, 

or DTC–2009–07 and should be 

submitted on or before June 11, 2009. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11808 Filed 5–20–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59918; File No. SR–BX– 

2009–024] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change Making Clerical 

Corrections of the Rules of the Boston 

Options Exchange Facility 

May 14, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on May 7, 

2009, NASDAQ OMX BX, Inc. (the 

‘‘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 the self-regulatory 

organization. The Exchange filed the 

proposed rule change pursuant to 

Section 19(b)(3)(A)(i) of the Act,3 and 

Rule 19b–4(f)(3) thereunder,4 which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

Rules of the Boston Options Exchange 

Group, LLC (‘‘BOX’’) to make clerical 

corrections to Chapter V, Section 18 of 

the BOX Rules. The Exchange shall 

implement this rule proposal 

immediately. The text of the proposed 

rule change is available from the 

principal office of the Exchange, at the 

Commission’s Public Reference Room 

and also on the Exchange’s Internet Web 

site at http://nasdaqomxbx.cchwall

street.com/NASDAQOMXBX/Filings/. 

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 


dwashington3 on PROD1PC60 with NOTICES